WEST virginia Legislature
2018 regular session
Introduced
House Bill 4007
By Delegates Ellington, Moore, Jennings, Butler, Miller, C., Martin, Overington, Fast, Espinosa, Householder and Statler
[Introduced January 12,
2018; Referred
to the Committee on Education]
A BILL to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the Secondary School Activities Commission and participation by home schooled students in extracurricular activities.
Be it enacted by the Legislature of West Virginia:
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; approval of rules and regulations by state board;
incorporation; funds; participation by private and parochial schools and by
home schooled students.
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 those
schools of their respective counties. The county board of education may
delegate such control, supervision and regulation of interscholastic
athletic events and band activities to the West Virginia Secondary School
Activities Commission. which is hereby established
The West Virginia Secondary School
Activities Commission shall be is 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 may exercise the control, supervision and
regulation of interscholastic athletic events and band activities of secondary
schools, delegated to it pursuant to this section. 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 are, in all instances be subject to the
prior approval of the state board. 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 may 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 are
quasi-public funds as the same are defined in article five, chapter
eighteen, and such the funds of the commission shall be are
subject to an annual audit by the State Tax Commissioner.
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 private and
parochial secondary schools as that elect to delegate to such
the commission such 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.
Notwithstanding any other provision of this section or the commission’s rules, the commission shall consider eligible for participation in extracurricular activities of secondary schools a student who is receiving home instruction pursuant to §18-8-1(c) of this code and who:
(1) Has demonstrated satisfactory evidence of academic progress for two years in compliance with the provisions of that subsection: Provided, That the student’s average test results are within or above the fourth stanine in all subject areas;
(2) Has not reached the age of nineteen by August 1 of the current school year;
(3) Is an amateur who receives no compensation, but participates solely for the educational, physical, mental and social benefits of the activity;
(4) Agrees to comply with all disciplinary rules and regulations of the West Virginia Secondary School Activities Commission and the county board in which the home-schooled student lives; and
(5) Agrees to obey all rules of the West Virginia Secondary School Activities Commission governing awards, all-star games, parental consents, physical examinations and vaccinations applicable to all high school athletes.
Eligibility is limited to participation in interscholastic programs at the public secondary school serving the attendance zone in which the student live : Provided, That home-school students who leave a member school during the school year shall be subject to the same transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic programs.
NOTE: The purpose of this bill is to allow home-schooled students to participate in secondary school extracurricular activities.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.