H. B. 4684


(By Delegates Williams, (By Request)) and Paxton
[Introduced February 21, 2006; referred to the
Committee on Education.]




A BILL to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to participation in interscholastic athletics and other extracurricular activities by students receiving home instruction; prohibiting categorical exclusion by secondary schools activities commission; providing definitions and conditions for participation; and permitting home education association membership on commission.

Be it enacted by the Legislature of West Virginia:
That §18-2-25 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25. Authority of county boards to regulate athletic and other extracurricular activities of secondary schools; delegation of authority to West Virginia Secondary School Activities Commission; authority of commission; approval of rules and regulations by state board; incorporation; funds; participation by private, participation by students receiving home instructions.

The county boards of education are hereby granted and shall exercise the control, supervision and regulation of all interscholastic athletic events, and other extracurricular activities of the students in public secondary schools, and of said schools of their respective counties. The county board of education may delegate such control, supervision and regulation of interscholastic athletic events and band activities to the "West Virginia Secondary School Activities Commission," which is hereby established.
The West Virginia Secondary Schools Activities Commission shall be composed of the principals, or their representatives, of those secondary schools whose county boards of education have certified in writing to the State Superintendent of Schools that they have elected to delegate the control, supervision and regulation of their interscholastic athletic events and band activities of the students in the public secondary schools in their respective counties to said commission. The West Virginia Secondary Schools Activities Commission is hereby empowered to exercise the control, supervision and regulation of interscholastic athletic events and band activities of secondary schools, delegated to it pursuant to this section. The rules and regulations of the West Virginia Secondary Schools Activities Commission shall contain a provision for a proper review procedure and review board and be promulgated in accordance with the provisions of chapter twenty- nine-a of this code, but shall, in all instances be subject to the prior approval of the state board. The West Virginia Secondary Schools Activities Commission, may, with the consent of the State Board of Education, incorporate under the name of "West Virginia Secondary Schools Activities Commission, Inc.," as a nonprofit, nonstock corporation under the provisions of chapter thirty-one of this code. County boards of education are hereby authorized to expend moneys for and pay dues to the West Virginia Secondary Schools 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, and such funds of the commission shall be subject to an annual audit by the State Tax Commissioner.
The West Virginia Secondary Schools Activities Commission shall promulgate reasonable rules and regulations providing for the control, supervision and regulation of the interscholastic athletic events and other extracurricular activities of such private and parochial secondary schools as elect to delegate to such commission such control, supervision and regulation, upon the same terms and conditions, subject to the same regulations and requirements and upon the payment of the same fees and charges as those provided for public secondary schools. Any such private or parochial secondary school shall receive any monetary or other benefits in the same manner and in the same proportion as any public secondary school.
 The West Virginia Secondary Schools Activities Commission may not categorically exclude students receiving home instruction from participation in interscholastic athletic events, band activities, or other extracurricular activities under its control, supervision, and regulation, nor promulgate any rule that requires a student receiving home instruction to attend a public, private, or parochial secondary school to be eligible to participate in interscholastic athletic events, band activities, or other extracurricular activities.
(a) Subsections (a) through (e) of this section hereby create a mechanism to facilitate participation by those students receiving home instruction who wish to participate in the interscholastic athletic events, band activities, and other activities controlled, supervised, and regulated by the West Virginia Secondary Schools Activities Commission. Subsections (a) through (e) of this section does not interfere with the academic requirements of other students receiving home instruction pursuant to subsection (c), section one, article eight, chapter eighteen of this code.
(1) "Students receiving home instruction" are those children exempt from compulsory attendance pursuant to subsection (c), section one, article eight, chapter eighteen of this code.
(2) "Interscholastic athletics and other extracurricular activities" includes athletic events, band activities, and other activities controlled, supervised, and regulated by the West Virginia Secondary Schools Activities Commission.
(b) A student receiving home instruction is eligible to participate in interscholastic athletics or other extracurricular activities as a full member of the team or squad representing the public school to which the student would be assigned according to school board residence policies subject to the following conditions:
(1) The student receiving home instruction must be in compliance with all provisions of subsection (c), section one, article eight, chapter eighteen of this code, relating to home instruction;
(2) The student receiving home instruction must file a written notice of intent with the school to participate in interscholastic athletics or other extracurricular activities as a representative of the school before the beginning date of the season for the activity in which the student wishes to participate;
(3) The student receiving home instruction must meet the same standards of behavior and performance, including related practice requirements, as those required of other students participating in the interscholastic athletics or other extracurricular activities of the team or squad;
(4) A student receiving home instruction is academically eligible to participate in interscholastic athletics or other extracurricular activities: Provided, That the student has demonstrated acceptable academic progress in the previous semester by any of the methods designated in subsection (c), section one, article eight, chapter eighteen of this code;
(5) A student who transfers from a home instruction program to a public school is academically eligible to participate in interscholastic athletics or other extracurricular activities: Provided, That the student has demonstrated acceptable academic progress in the previous semester by any of the methods designated in subsection (c), section one, article eight, chapter eighteen of this code;
(6) A student who transfers from a public school to a home instruction program is academically eligible to participate in interscholastic athletics or other extracurricular activities: Provided, That the student is academically eligible upon transfer from the public school; and
(7) A public school student who is academically ineligible upon transfer from a public school is ineligible to participate in interscholastic athletics or other extracurricular activities as a student receiving home instruction for the following semester. To establish academic eligibility for subsequent semesters, the student must meet the standards set forth in this subsection to become eligible for subsequent semesters.
(c) The West Virginia Secondary Schools Activities Commission may permit home education associations to join as member schools. The associations are subject to all rules and regulations as provided herein.
(d) The West Virginia Secondary Schools Activities Commission may not discriminate against any eligible student based on an educational choice of public, private, parochial, home instruction, or other educational program.
(e) Public schools are prohibited from membership in any organization or entity which regulates or governs interscholastic athletics or other extracurricular activities and discriminates against eligible students in public, private, parochial, home instruction, or other educational program.

Note: The purpose of this bill is to provide for the participation of home-schooled students in interscholastic athletics and other extracurricular activities in the public schools. The bill prohibits the Secondary Schools Activities Commission from the categorical exclusion of home-schooled students and provides conditions for their participation. Also, under the bill, home education associations are permitted membership on the commission.

Strike-throughs indicate existing language that would be removed, and underscoring indicates new language that would be added.