Senate Bill No. 708
(By Senator Oliverio, Minear, Sprouse, Love, Boley, Facemyer,
Sharpe, Minard, Fanning, Caruth and Barnes)
____________
[Introduced February 20, 2006; referred to the Committee
on Education.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-2-25a, relating
to requiring the West Virginia Secondary Schools Activities
Commission to allow participation in interscholastic athletics
and other extracurricular activities by students receiving
home instruction.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2-25a, to read as
follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-25a. Participation in secondary school activities by
students receiving home instruction.
(a) 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. Provisions of this section may 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.
(b) "Students receiving home instruction" are those children
exempt from compulsory attendance pursuant to subsection (c),
section one, article eight, chapter eighteen of this code.
(c) "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.
(d) 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 wold be assigned according to
school board residence policies subject to the following
conditions:
(1) The student receiving home instruction is 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 has filed 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 meets 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.
(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.
(e) The West Virginia Secondary Schools Activities Commission
shall permit home education associations to join as member schools.
The associations are subject to all rules as provided herein.
(f) 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.
(g) 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 permit students who are
home schooled to participate in activities under control of the
Secondary Schools Activities Commission.
§18-2-25a is new; therefore, strike-throughs and underscoring
have been omitted.