H. B. 2298
(By Delegates Moore, Fragale, Manuel, Compton,
Brown, Staton and P. White)
[Introduced February 26, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact sections sixteen and thirty-two,
article five, chapter eighteen of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, relating
to removing archaic language from the education statutes.
Be it enacted by the Legislature of West Virginia:
That sections sixteen and thirty-two, article five, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-16. Transfer of pupils; tuition, transportation and
maintenance.
The board may divide its territory into such subdistricts as
are necessary to determine the schools the pupils of its
districts shall attend. But upon the written request of any
parent or guardian, or person legally responsible for any pupil,
or for reasons affecting the best interests of the schools, thesuperintendent may transfer pupils from one school to another
within the district. Any aggrieved person may appeal the
decision of the superintendent to the board, and the decision of
the board shall be final.
Transfers of pupils from one county to another may be made
by the board of the county in which the pupil desiring to be
transferred resides; but the transfer shall be subject to the
approval of the board of the county to which the pupil wishes to
be transferred, except such approval shall not be a condition
precedent to the transfer of a pupil resident in a municipality
comprised of parts of two or more counties in this state, or
resident in an independent school district as the same existed
prior to the date the County Unit Act became effective, made up
of parts of two or more counties and whether or not within its
limits now defined is located a municipality or part thereof, but
until otherwise provided by the board of the unit of his
residence, such pupil shall be considered and treated as
transferred, as the case or the situation may be, with the right
unimpaired to attend the school or schools now established and
maintained (if not discontinued) in such municipality and/or
independent school district. Such transfer by operation of law
shall cease, when: (a) The board of the unit comprising a part
of the municipality or independent school district, has erected
or does establish and maintain therein a school or schools of the
grade or grades and standing, respectively, equivalent to the
school or schools in adjoining unit which the pupil coming withinthe exceptions above mentioned is given the right to attend; or
(b) in the discretion of the board it can transport economically
the pupils coming within the exception aforesaid to some school
or schools established and maintained in the jurisdiction of the
unit of the pupils' residence and elects to so do. The existence
of the fact under (a) aforesaid shall be declared by the board
and entered of record in its minutes, as well as the entry of the
exercise of its discretion and election under the provisions (b)
aforesaid, and a copy of the minutes of the board relating to its
declaration and/or discretion and election as aforesaid, as the
case may be, duly certified by the signature of the president and
the secretary of said board, shall be furnished forthwith to the
board of the unit comprising the other part of said municipality
or independent school district. In all cases of transfer by the
act of the board or by operation of law, either to elementary
schools or to high schools, the board making the transfer shall
pay to the board to which such transfer is made, reasonable
tuition fees, which for elementary schools shall not exceed
twelve dollars a month, and for junior and senior high schools
shall not exceed fifteen dollars a month. The fee, to be paid
out of the teachers' fund, shall not exceed the actual cost of
the instruction. No parent, guardian or person acting as parent
or guardian shall be required to pay for the transfer or for the
tuition of the pupil after the transfer. The board of the
district to which the pupil has been transferred shall promptly,
at the first of each month, certify to the board of the districtfrom which the pupil was transferred the correct amount of all
tuition fees due and payable for the next preceding month. All
tuition fees shall be paid within thirty days of certification,
to the district maintaining the school by the district to which
the fees are certified. All tuition fees shall be paid out of
the teachers' fund of the one district to the teachers' fund of
the other.
In any district where a high school is maintained, but
topography, impassable roads or other conditions prevent the
practicable transportation of any pupils to such high school, the
board may transfer them to a high school in an adjoining
district. In any such case, the board making the transfer shall
pay the cost of the transportation of such pupils to and from the
school to which they are transferred, and shall also pay the
tuition fees as provided above.
In any district where no high school for negro pupils is
maintained the board shall provide for the payment of tuition
fees, not to exceed fifteen dollars a month for each pupil,
necessary to permit the enrollment of all qualified negro pupils
in the nearest available negro high school, negro vocational high
school, or in the high school department of a negro institution
of higher education, and shall also pay the cost of the daily
transportation of the pupils to such high school. If, however,
the daily transportation of such pupils is impracticable,
necessitating their absence from home overnight, the board shall
pay in addition to the tuition fees a maintenance allowance of atleast thirty dollars a month to each such pupil. Daily
transportation involving a round trip of more than fifty miles
shall at the election of the pupil be considered impracticable
for the purposes of this requirement.
Transfer of pupils from this state to another shall be upon
such terms as shall be mutually agreed upon by the board of the
transferring district and the authorities of the school to which
the transfer is made, and shall be based upon the aggregate per
capita student cost of the preceding year, of the school to which
the transfer is made.
For the purpose of computing average daily attendance any
pupil transferred as provided in this section shall be counted by
the district making the transfer and not by the district to which
he was transferred.
§18-5-32. Assistant superintendents; directors and supervisors
of instruction and other educational activities;
agricultural club agents.
The county board of education, upon the recommendation of
the county superintendent, may employ an assistant whose term of
employment shall be not less than one nor more than four years:
Provided,
That such term shall not extend beyond that of the
incumbent county superintendent.
The board shall not employ more than one assistant for each
two hundred teachers or major fraction thereof. Provided,
however, That in such districts in which assistants are employed
and fifty or more negro teachers are employed therein, the boardmay employ one negro assistant superintendent
The board, upon the recommendation of the county
superintendent, shall have authority to employ such general and
special supervisors or directors of instruction and of such other
educational activities as may be deemed necessary.
The employment of the assistant superintendent shall be on
a twelve-month basis. The period of employment for all others
named herein shall be at the discretion of the board.
Rules and regulations for qualifications of assistant
superintendents, and directors and supervisors of instruction and
of other educational activities shall be fixed by the state board
of education: Provided, however, That the qualifications
required for any assistant superintendent shall in no event be
higher than those required for the superintendent: Provided,
further however, That such rules do not affect the status of any
incumbent nor his right to succeed himself in his assigned
position.
The county board of education shall have the authority to
reimburse such employees for their necessary traveling expenses
upon presentation of a monthly, itemized, sworn statement
approved by the county superintendent.
Any person employed under the foregoing provision of this
section, provided he holds a valid teacher's certificate, shall
be given continuing contract status as a teacher and shall hold
such status unless dismissed for statutory reasons.
The board may also cooperate with the extension division ofthe college of agriculture in employing an agricultural club
agent for the organization and direction of boys' and girls'
agricultural clubs.
All acts or parts of acts inconsistent with this section are
hereby repealed.
NOTE: The purpose of this bill is to remove archaic
language referring to negro teachers from the education statutes.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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