Senate Bill No. 400
(By Senators Foster, Hunter, Jenkins, Fanning and McCabe)
[Introduced February 28, 2005; referred to the Committee
on Education; and then to the Committee on Finance.]
Be it enacted by the Legislature of West Virginia:
A BILL to amend and reenact §18-5-32 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-14-1 of said
code, all relating to education; eliminating provisions that
created unlawful classifications based on race; deleting an
obsolete provision relating to the cooperative extension
service; and updating other obsolete provisions.
That §18-5-32 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-14-1 of said code be amended
and reenacted, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-32. Assistant superintendents; directors and supervisors
of instruction and other educational activities.
(a) 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.
(b) The board shall not employ more than one assistant for
each two hundred teachers or major fraction thereof.
however, That in such districts in which assistants are employed
and fifty or more negro teachers are employed therein, the board
may employ one negro assistant superintendent.(c) The board, upon the recommendation of the county
shall have authority is authorized to employ such
general and special supervisors or directors of instruction and of
such other educational activities as may be deemed considered
(d) 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.
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
or her right to succeed himself or herself in his or her assigned
(f) The county board of education
shall have the authority is authorized to reimburse such employees for their necessary
traveling expenses upon presentation of a monthly, itemized, sworn
statement approved by the county superintendent.
(g) Any person employed under the foregoing provision of this
section, provided he or she 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 of
the college of agriculture in employing an agricultural club agent
for the organization and direction of boys' and girls' agricultural
clubs.(h) All acts or parts of acts inconsistent with this section
are hereby repealed.
ARTICLE 14. BLUEFIELD STATE COLLEGE.
§18-14-1. Continuation; change of name; management; rules.
(a) The Bluefield State Teachers' College, heretofore
established and located at Bluefield, in Mercer county, shall be
continued and shall be known as the "Bluefield State College." The
educational affairs of the Bluefield State College shall be under
the control, supervision and management of the
joint boards of
education higher education policy commission.
(b) The rules
and regulations made by the president and
faculty of said college for its general government, for the
admission of students thereto and the standards of scholarship to be maintained therein shall be submitted to the joint boards of
education for their higher education policy commission for its
negro board of education in conjunction with the state
board of education shall establish and higher education policy
commission shall maintain in the Bluefield State College, in
addition to the departments already established, such other courses
of study as may be expedient and practicable and shall prescribe
the conditions for graduation therefrom and make rules for the
conferring of degrees and for issuing the proper diplomas to those
who complete such courses, as in the case of other state
NOTE: The purpose of this bill is to eliminate provisions
which created unlawful classifications based on race and to update
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would