Senate Bill No. 250
(By Senator Plymale)
____________
[Introduced February 22, 2005; referred to the Committee
on Education.]
____________
A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended; and to amend and reenact §29A-1-3 of said
code, all relating to eliminating authority of Secondary
School Activities Commission to promulgate rules; transferring
the Commission's rules to the State Board of Education;
requiring the rules to be promulgated in accordance with
current statutory rule-making procedures for the State Board;
and requiring rules relating to the eligibility of students
who transfer.
Be it enacted by the Legislature of West Virginia:
That §18-2-25
of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §29A-1-3
of said code be amended
and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Authority of county boards to regulate athletic and
other extracurricular activities of secondary
schools; delegation of authority to West Virginia
Secondary School Activities Commission; authority of
commission; recommendation of rules to the State
Board; incorporation; funds; participation by
private and parochial schools.
(a) The county boards
of education are hereby granted and
shall exercise the control, supervision and regulation of all
interscholastic athletic events, and other extracurricular
activities of the students in public secondary schools, and of
said
the public secondary schools of their respective counties. The
county board
of education may delegate
such the control,
supervision and regulation of interscholastic athletic events and
band activities to the "West Virginia Secondary School Activities
Commission," which is hereby established.
(b) The West Virginia Secondary School Activities Commission
shall be composed of the principals, or their representatives, of
those secondary schools whose county boards
of education have
certified in writing to the State Superintendent of schools that
they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in their
respective counties to
said the Commission. The West Virginia Secondary School Activities Commission is hereby empowered to
exercise the control, supervision and regulation of interscholastic
athletic events and band activities of secondary schools, delegated
to it pursuant to this section:
Provided, That on and after the
effective date of the amendment and reenactment of this section
during the two thousand five regular session of the Legislature,
this empowerment does not extend to authorizing the Commission to
promulgate rules.
(c) The rules
and regulations of the West Virginia Secondary
School Activities Commission shall contain a provision for a proper
review procedure and review board and be promulgated in accordance
with the provisions of chapter twenty-nine-a of this code, but
shall, in all instances be subject to the prior approval of the
State Board:
Provided, That on and after the effective date of the
amendment and reenactment of this section during the two thousand
five regular session of the Legislature, the authority of the West
Virginia Secondary School Activities Commission to promulgate rules
expires and all rules of the Commission become rules of the State
Board. Thereafter, the West Virginia Secondary School Activities
Commission shall recommend rules to the State Board, as the
Commission determines appropriate or required. Additionally, after
that date, all rules relating to interscholastic athletic events
and band activities of secondary schools shall be promulgated in
accordance with article three-b, chapter twenty-nine-a of this code. The State Board may:
(1) Promulgate the rules as recommended by the Commission;
(2) Promulgate the recommended rules as modified by the State
Board;
(3) Refuse to promulgate the rules; and
(4) Promulgate rules on its own initiative without any
recommendation from the Commission.
(d) The West Virginia Secondary School Activities Commission
may, with the consent of the State Board,
of education incorporate
under the name of "West Virginia Secondary School Activities
Commission, Inc.," as a nonprofit, nonstock corporation under the
provisions of chapter thirty-one of this code. County boards
of
education are hereby authorized to expend moneys for and pay dues
to the West Virginia Secondary School Activities Commission, and
all moneys paid to
such the Commission, as well as moneys derived
from any contest or other event sponsored by
said the Commission,
shall be quasi-public funds as
the same are that term is defined in
article five, chapter eighteen, and
such the Funds of the
Commission shall be subject to an annual audit by the State Tax
Commissioner.
(e) The West Virginia Secondary School Activities Commission
shall promulgate reasonable rules
and regulations providing for the
control, supervision and regulation of the interscholastic athletic
events and other extracurricular activities of
such the private and parochial secondary schools
as that elect to delegate to
such
the Commission
such the control, supervision and regulation, upon
the same terms and conditions, subject to the same regulations and
requirements and upon the payment of the same fees and charges as
those provided for public secondary schools. Any such private or
parochial secondary school shall receive any monetary or other
benefits in the same manner and in the same proportion as any
public secondary school:
Provided, That on and after the effective
date of the amendment and reenactment of this section during the
two thousand five regular session of the Legislature, the rules
promulgated pursuant to this subsection become the rules of the
State Board.
(f) On or before the first day of September, two thousand
five, the West Virginia Secondary School Activities Commission
shall recommend and the State Board shall promulgate rules pursuant
to article three-b, chapter twenty-nine-a that relate to the
eligibility of students who transfer from one school to another to
participate in extracurricular activities. At a minimum, the rules
shall provide that a student who transfers from one school to
another is ineligible indefinitely to participate in the
extracurricular activities sponsored by the school to which the
student transfers except in the following instances:
(1) A parent or guardian of the student makes a bona fide
change of residence, as defined in the rule, to the school zone in which the school to which the student is transferred is located;
(2) A student transfers from a seriously impaired school
pursuant to section five, article two-e of this chapter;
(3) A student transfers pursuant to 20 U.S.C. 6316, relating
to school choice for a student attending a school identified for
school improvement, or 20 U.S.C. 7912, relating to the unsafe
school choice option; or
(4) A student transfer initiated by a county board or a
central office administrator, principal or other appropriate
professional person employed by the county board to fulfill certain
special education programs not available in the attendance zone
from which the student is transferred.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 1. DEFINITIONS AND APPLICATION OF CHAPTER.
§29A-1-3. Application of chapter; limitations.
(a) The provisions of this chapter do not apply in any respect
whatever to executive orders of the Governor, which orders to the
extent otherwise lawful shall be effective according to their
terms:
Provided, That the executive orders shall be admitted to
record in the state register when and to the extent the Governor
deems determines suitable and shall be included
therein in the
state register by the Secretary of State when tendered by the
Governor.
(b) Except as to requirements for filing in the state register, and with the Legislature or its rule-making review
committee, provided in this chapter or other law, the provisions of
this chapter do not apply in any respect whatever to the West
Virginia Board of Probation and Parole, the Public Service
Commission
and the Board of Public Works sitting as such:
and the
secondary schools activities commission Provided, That rules of
such those agencies shall be filed in the state register in the
form prescribed by this chapter and be effective no sooner than
sixty consecutive days after being
so filed:
Provided, however,
That the rules promulgated by the state colleges and universities
shall only be filed with the higher education governing boards:
Provided further, That
such those agencies may promulgate emergency
rules in conformity with section fifteen, article three of this
chapter.
(c) The provisions of this chapter do not apply to rules
relating to or contested cases involving the conduct of inmates or
other persons admitted to public institutions, the open seasons and
the bag, creel, size, age, weight and sex limits with respect to
the wildlife in this state, the conduct of persons in military
service or the receipt of public assistance.
Such These rules
shall be filed in the state register in the form prescribed by this
chapter and be effective upon filing.
(d) Nothing
herein in this section shall be construed to
affect, limit or expand any express and specific exemption from this chapter contained in any other statute relating to a specific
agency, but
such those exemptions shall be construed and applied in
accordance with the provisions of this chapter to effectuate any
limitations on
such those exemptions contained in any
such other
statute
relating to a specific agency.
NOTE: The purpose of this bill is to transfer the Secondary
School Activities Commission rules and their authority to
promulgate rules to the State Board of Education. The bill also
requires that these rules be promulgated in accordance with current
statutory rule-making procedures of the State Board while requiring
rules relating to the eligibility of students to transfer.
Finally, the bill requires that certain provisions be included in
the rules.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.