H. B. 2461
(By Delegates Brown, Brum, Richards, Leach,
Houvouras, Manuel and Williams)
[Introduced March 4, 1993; referred to the
Committee on Education.]
A BILL to amend and reenact section twenty-five, article two,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
secondary schools activities commission; and requiring the
commission to eliminate gender bias in scheduling certain
sporting events by prohibiting scheduling of sporting events
for teams composed of female athletes during playing seasons
that are different from the seasons accepted by the majority
of the other members of the National Federation of State
High School Associations.
Be it enacted by the Legislature of West Virginia:
That section twenty-five, article two, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§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.
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 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 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 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. 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. 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 commission, as
well as moneys derived from any contest or other event sponsored
by said commission, shall be quasi-public funds as the same are
defined in article five, chapter eighteen, and such funds of the
commission shall be 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 elect to delegate to
such 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.
The commission shall not schedule sporting events for teams
composed of female athletes during playing seasons that aredifferent from the seasons accepted and practiced by the majority
of the other members of the National Federation of State High
School Associations.
NOTE: The purpose of the bill is to eliminate gender bias
in scheduling athletic events.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates language that
would be added.