Introduced Version
House Bill 2526 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2526
(By Delegates Ellington, O'Neal, Gearheart, Householder,
Overington, Howell, Storch, Border, Miller, Walker and Faircloth)
[Introduced February 19, 2013; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18-2-25 of the Code of West Virginia,
1931, as amended, relating to the secondary schools athletic
commission; and participation by home schooled students in
extracurricular activities.
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 and
parochial schools and by home schooled students.
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
those schools of their respective counties. The county board of
education may delegate such that 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 School Activities Commission shall
be is 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 the commission. The West Virginia
Secondary School 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 School 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 are, in all instances be subject to the prior approval of the state board. The West
Virginia Secondary School Activities Commission, may, with the
consent of the State Board of Education, incorporate under the name
of "West Virginia Secondary School 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 may expend moneys for and pay dues to the West
Virginia Secondary School Activities Commission, and all moneys
paid to such the commission, as well as moneys derived from any
contest or other event sponsored by said the commission, shall be
are quasi-public funds as the same are defined in article five,
chapter eighteen, and such the funds of the commission shall be are
subject to an annual audit by the State Tax Commissioner.
The West Virginia Secondary School 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 that elect to delegate to such the
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.
_______________Notwithstanding any other provision of this section or the
commission's rules, the commission shall consider eligible for
participation in extracurricular activities of secondary schools a
student who is receiving home instruction pursuant to subsection
(c), section one, article eight of chapter eighteen of this code
and who:
_______________(1) Has demonstrated satisfactory evidence of academic
progress for two years in compliance with the provisions of that
subsection;
_______________(2) Has not reached the age of nineteen by August 1 of the
current school year;
_______________(3) Is an amateur who receives no compensation, but
participates solely for the educational, physical, mental and
social benefits of the activity;
_______________(4) Agrees to comply with all disciplinary rules applicable to
all other athletes and activity participants; and
_______________(5) Agrees to obey all rules of the West Virginia Secondary
Schools Activities Commission governing awards, all-star games,
parental consents, and physical examinations applicable to all high
school athletes.
_______________Eligibility is limited to participation in interscholastic
programs at the public secondary school serving the attendance zone
in which the student lives.
Reasonable fees may be charged to the student to cover the costs of participation in interscholastic programs.
NOTE: The purpose of this bill is to allow for the
participation of home schooled students in certain secondary school
activities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.