sb73 intr

Senate Bill No. 73
(By Senators Bailey, Oliverio, Edgell, Anderson, Kessler and Caldwell)
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[Introduced February 14, 2001; referred to the Committee on Education.]
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A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-five, relating to providing a procedure for implementing uniform dress codes in public schools.

Be it enacted by the Legislature of West Virginia:

That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-five, to read as follows:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-35. Uniform dress codes for students.
(a) The Legislature hereby finds and determines that the clothes and footwear worn by students in public schools often preoccupy and distract students from their major purpose for being in school, that of becoming educated in math, science, English, history and other subjects. The Legislature further finds that in those schools that have adopted a uniform dress code, disparities in student socioeconomic levels are less obvious and disruptive incidents are less likely to occur.

(b) The state board shall promulgate rules in accordance with article three-b, chapter twenty-nine-a of this code that allow county boards to implement uniform dress codes for the school district or for a certain school or for certain schools within the district. The rules shall provide at least the following:

(1) The county board may create an advisory committee comprised of parents, school employees and students for the purpose of considering whether the board should adopt a uniform dress code for students in the district;

(2) The county board may create an advisory committee comprised of parents, school employees and students for the purpose of considering whether the board should adopt a uniform dress code for students in a certain school or in certain schools within the district;

(3) If the advisory committee recommends to the board that a uniform dress code for students be adopted either for the district or for a certain school or certain schools within the district, the advisory committee also shall make recommendations on alternative methods of paying for the school uniforms; and

(4) If the advisory committee recommends to the board that a uniform dress code for students be adopted either for the district or for a certain school or certain schools within the district and if the advisory committee reports its recommendations on alternative methods of paying for the school uniforms to the board, the board may adopt a uniform dress code.

(d) If any provisions of this section or the application of this section to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application and to this end the provisions of this section are declared to be severable.

(e) Nothing in this section requires any level of funding by the Legislature, boards of education or any other agency of government.
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(NOTE: This bill requires the state board of education to promulgate rules providing for advisory committees to submit recommendations to county boards regarding student dress codes.

This section is new; therefore, strike-throughs and underscoring have been omitted.)