HOUSE CONCURRENT RESOLUTION 12
(By Delegates Facemyer, Beane, Mezzatesta, Kiss,
Browning, Staton and J. Martin)
Directing the Joint Committee on Government and Finance to make
a study of the West Virginia Secondary Schools Activities
Commission, its duties, responsibilities, authority and
accountability.
Whereas, The West Virginia Secondary Schools Activities
Commission, hereinafter sometimes referred to as the "SSAC", was
established pursuant to section twenty-five, article two, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, as an independent nonstock, nonprofit
corporate body to whom county boards of education can, and have,
delegated their control, supervision and regulation of
interscholastic athletic events and band activities of their
secondary schools; and
Whereas, The SSAC is empowered to exercise the control,
supervision and regulation of interscholastic athletic events and
board activities of secondary schools so delegated to it, subject
only to the requirement that its rules shall contain a provision
for a proper review procedure and review board and are subject to
prior approval of the State Board of Education; and
Whereas, Other than approval of any rules which the SSAC
chooses to submit for approval by the state board and this
Legislature, the SSAC is not directly accountable to thisLegislature, the State Board of Education, county boards of
education, or any other public or private person or entity; and
Whereas, This unusual delegation of unsupervised authority
has remained virtually unchanged since the enactment of section
twenty-five, section two, chapter eighteen of said code in one
thousand nine hundred sixty-seven; and
Whereas, It has been the practice of this Legislature to
provide adequate accountability of public and quasi-public
entities to prevent arbitrary and capricious actions with regard
to activities affecting our public schools and the school
children of our state; therefore, be it
Resolved by the Legislature of West Virginia:
The Joint Committee on Government and Finance is hereby
directed to review, examine and study the status of the SSAC, the
need for accountability of the SSAC to the public as well as the
county boards of education who have delegated their control,
supervision and regulation of interscholastic activities to the
SSAC and to consider possible suggested legislation to adequately
assure accountability of the SSAC to the State Board of
Education, the county boards of education, to the Legislature
and, most importantly, to the citizens of this state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1997,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That the expenses necessary to conduct
this study, to prepare a report and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.