ENGROSSED
Senate Bill No. 340
(By Senators Lucht, Bailey, Walker, Humphreys,
Plymale, Jones and Blatnik)
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[Introduced February 14, 1994;
referred to the Committee
on Education.]
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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 West Virginia secondary school activities commission; making the West Virginia secondary school activities commission a state entity; requiring approval of activities by the legislative oversight commission on education accountability; eliminating gender bias in scheduling athletic events by prohibiting the secondary schools activities commission from scheduling athletic events for teams composed of female athletes during seasons that are different from seasons accepted and practiced by the majority of the national federation of state high school associations; and requiring that county boards of education submit a report to the

legislative oversight commission on education accountability on any additional costs incurred as a result of these requirements.
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. Regulation of athletic and other extracurricular activities of secondary schools; making the West Virginia secondary school activities commission a state entity; authority of commission subject to the legislative oversight commission on education accountability; rules; funds appropriated by Legislature; annual accounting to Legislature; participation by private and parochial schools.

The "West Virginia secondary school activities commission", which was previously established by this section is hereby continued as a "governmental entity" of the state of West Virginia as that term is defined in section three, article ten, chapter four of this code.
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 ofinterscholastic 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 with the approval of the legislative oversight commission on education accountability as established under section eleven, article three-a, chapter twenty-nine-a of this code. The rules of the West Virginia secondary school activities commission shall contain a provision allowing for a proper review procedure and review by the legislative oversight commission on education accountability. Rules must be promulgated in accordance with the provisions of article three-b of said chapter. 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 of this code and these funds 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 affectingathletic events or other extracurricular activities of private and parochial secondary schools must contain the same terms and conditions, subject to the same requirements and 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 any public secondary school.
In scheduling seasonal athletic events, the commission shall ensure that male and female gender teams and events are treated equally and fairly and it shall ensure that gender bias is eliminated from interscholastic athletic events and other extracurricular activities. 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- five, county boards of education shall submit a report to the state board of education and the legislative oversight commission on education accountability listing any additional costs associated with compliance with the provisions of this section.