H. B. 2244
(By Delegates Prezioso and Fealey)
[Introduced February 23, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact section four, article three, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to proceedings to
enforce school laws; power of superintendent of schools to
issue and enforce subpoenas.
Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.
§18-3-4. Proceedings to enforce school laws; examination and
fees of witnesses; removal of school officials.
The state superintendent of schools shall cause to be
instituted such proceedings or processes as may be necessary
properly to enforce and give effect to any provision or
provisions of this chapter and to the provisions of any other
general or special laws pertaining to the school system of thestate, or any part thereof, or of any rule or direction of the
state board of education made in conformity with its powers and
duties. The superintendent shall have authority to issue
subpoenas for the attendance of witnesses and/or the production
of documents which shall be enforceable in the circuit court of
Kanawha County and which may be served at any place within the
state, administer oaths and to examine under oath, in any part
of the state, witnesses in any proceeding pertaining to the
public schools, and to cause such examination to be reduced to
writing. Witnesses, other than employees of the state, shall be
entitled to the same fees as in civil cases in the circuit court.
The state superintendent of schools shall have power to institute
proper proceedings for the removal of any school official charged
with dishonesty, continued neglect of duty, or with failure to
comply with the provisions of this chapter or of the rules of the
state board of education.
NOTE: The purpose of this bill is to grant the
superintendent of schools authority to issue subpoenas
enforceable in the Circuit Court of Kanawha County which may be
served at any place within the state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.