Senate Bill No. 177
(By Senators Bailey, Oliverio, Edgell, Anderson,
Kessler, Caldwell and Burnette)
____________
[Introduced January 11, 2002; referred to the Committee
on Education.]
____________
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.
(c) Nothing in this section requires the county board to adopt
a uniform dress code.
(d) If any provision 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.
___________
__________
(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.)