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.