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 of
interscholastic athletic events and band activities of studentsto 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 affecting
athletic events or other extracurricular activities of privateand 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.
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(NOTE: The purpose of this bill is to make the West
Virginia Secondary School Activities Commission a state entity
and to require the approval of its activities by the Legislative
Oversight Commission on Education Accountability. The bill
provides for the elimination of 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 federationof state high school associations. The bill also requires 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.)