ENGROSSED
Senate Bill No. 378
(By Senators Blatnik, Grubb, Craigo, Plymale,
Dittmar and Jones)
____________
[Introduced March 16, 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; requiring the commission to eliminate gender bias in scheduling certain sporting events; and prohibiting scheduling of sporting events for teams composed of female athletes during playing seasons that are different from playing seasons accepted by the majority of the 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:

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; approval of rules by state board; incorporation; funds; participation by private and parochial schools.

County boards of education exercise control over, supervision of and regulation of all interscholastic athletic events and other extracurricular activities of students attending public secondary schools. County boards of education may delegate the 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 is composed of the principals, or their representatives of secondary schools within counties in which the county board of education has certified in writing to the state superintendent of schools that the county board of education has elected to delegate the control, supervision and regulation of interscholastic athletic events and band activities of students to the commission. The West Virginia secondary school activities commission may 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 of the West Virginia secondary school activities commission shall contain aprovision allowing for a proper review procedure and a review board. Rules must be promulgated in accordance with the provisions of chapter twenty-nine-a of this code, and be subject to the prior approval of the state board of education. 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. All moneys paid to the commission, as well as moneys derived from any contest or other event sponsored by the commission, are quasi- public funds as the same are defined in article five of this chapter, which are subject to an annual audit by the state tax commissioner.
The West Virginia secondary school activities commission may promulgate reasonable rules providing for the control, supervision and regulation of the interscholastic athletic events and other extracurricular activities of private and parochial secondary schools which delegate that authority to the commission. Rules promulgated by the commission affecting athletic events or other extracurricular activities of private and parochial secondary schools must contain the same terms and conditions, be subject to the same requirements, fees and charges as those provided for or required of public secondary schools. Private or parochial secondary schools receive monetary or other benefits in the same manner and in the same proportion as public secondary schools.
The commission shall eliminate gender bias in scheduling athletic events. The commission may not schedule sporting events for teams composed of female athletes during playing seasons that are different from the seasons accepted and practiced by the majority of the other members of the national federation of state high school associations. Prior to the regular legislative session one thousand nine hundred ninety-four, the county boards of education shall submit a report to the state board of education and the Legislature listing any additional costs associated with complying with this section as amended.