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Introduced Version Senate Bill 250 History

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sb250 intr
Senate Bill No. 250

(By Senator Plymale)

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[Introduced February 22, 2005; 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; 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.
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