Senate Bill No. 644
(By Senators Jenkins, Hall, Facemyer, Foster, Bowman, Prezioso,
Stollings, White, Wells, McKenzie, Barnes, Green and McCabe)
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[Introduced February 19, 2007; referred to the Committee on
Education.]
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A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Secondary
School Activities Commission; providing for evaluation by the
Legislative Auditor; and requiring board members and officers
to comply with ethical standards for elected and appointed
officials.
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 to read as follows:
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 by state board;
incorporation; funds; participation by private and parochial schools.
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
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 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 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. The rules 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.
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: Provided, That as a creation of
the state, the West Virginia Secondary School Activities Commission
shall be evaluated by the
Legislative Auditor. The evaluation
shall assess whether the commission complies with the policies and
provisions applicable to commissions authorized by this code and
other applicable laws and rules, whether the board follows a
disciplinary procedure which observes due process rights and
protects the public interest and whether the public interest
requires that the board be continued.
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 commission, as
well as moneys derived from any contest or other event sponsored by
said commission, shall be quasi-public funds as the same are
defined in article five, chapter eighteen, and such funds of the
commission shall be subject to an annual audit by the State Tax
Commissioner. The members and officers of the commission are
subject to the provisions of sections five, five-b and seven, article two, chapter six-b of this code.
The West Virginia Secondary School Activities Commission shall
promulgate reasonable rules providing for the control, supervision
and regulation of the interscholastic athletic events and other
extracurricular activities of such private and parochial secondary
schools as elect to delegate to such 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.
NOTE: The purpose of this bill is to provide that the West
Virginia Secondary School Activities Commission is subject to
evaluation by the Legislative Auditor and require board members and
officers to comply with ethical standards for elected and appointed
officials.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.