WEST virginia Legislature
2017 regular session
By
[
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 schools athletic commission; and participation by home schooled
students in extracurricular activities.
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 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 subsection (c), section one, article
eight, chapter eighteen of this code and who:
(1) Has
demonstrated satisfactory evidence of academic progress for two years in
compliance with the provisions of that subsection;
(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 applicable to all other athletes
and activity participants; and
(5)
Agrees to obey all rules of the West Virginia Secondary Schools Activities
Commission governing awards, all-star games, parental consents, and physical
examinations 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 lives. 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 for the participation of home schooled students in certain secondary
school 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.