COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 257
(By Senators Browning, Green, Stollings, Wells, Plymale and
Chafin)
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[Originating in the Committee on Education;
reported March 27, 2009.]
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A BILL to amend and reenact §18-5-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §18-5-1d, all relating to a nonvoting
student member position on each county board of education;
eligibility requirements; term; appointment or election in
accordance with board rules; exemption from certain member
requirements; participation in meetings; representing the
board at public functions; provision of meeting materials;
allowance for expenses; prohibiting compensation; and removal
in accordance with board rules.
Be it enacted by the Legislature of West Virginia:
That §18-5-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new section, designated §18-5-1d, all to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1. Supervision and control of county school districts;
number, nomination and election of members.
(a) Each county school district shall be under the supervision
and control of a county board of education, which shall be composed
of five members, nominated and elected by the voters of the
respective county without reference to political party affiliation.
No more than two members shall be elected from the same magisterial
district:
Provided, That this limit does not apply to the nonvoting
student member.
(b) Each county school district also shall have an additional
nonvoting student member of its county board to serve a one-year
term beginning July 1 and ending June 30 of the following year
pursuant to section one-d of this article.
§18-5-1d. Nonvoting student member of county board.
(a) The additional nonvoting student member of a county board
required pursuant to section one of this article shall be appointed
or elected in accordance with rules to be adopted by the county
board to serve a one-year term beginning July 1 and ending June 30
of the following year.
(b) Any nonvoting student member of a county board shall meet
the following eligibility requirements:
(1) The nonvoting student member shall be living within the
district the county board has jurisdiction over;
(2) The nonvoting student member shall be enrolled in a public
school as a full-time regular student in the eleventh or twelfth grade;
(3) The nonvoting student member shall have achieved a minimum
of a three-point grade point average throughout his or her studies
throughout public school from ninth grade to throughout his or her
term as a nonvoting student member of the county board;
(4) The nonvoting student member shall have attended at least
ninety-five percent of his or her classes from ninth grade to
throughout his or her term as a nonvoting student member of the
county board; and
(5) The nonvoting student member shall be of good character.
(c) A nonvoting student member is exempt from:
(1) The high school diploma or general educational development
(GED) requirement set forth in section one-a of this article;
(2) The orientation requirements set forth in section one-a of
this article; and
(3) The training requirements set forth in section one-a of
this article.
(d) A nonvoting student member's service on a county board is
subject to the following:
(1) The nonvoting student member is eligible to participate in
all county board meetings except those in executive or closed
session, subject to subdivision (2) of this subsection;
(2) The nonvoting student member may attend an executive
session or closed meeting if a majority of the county board votes
to authorize the nonvoting student member's attendance during the
executive session or closed meeting;
(3) The nonvoting student member shall attend all regular and
special board meetings;
(4) The nonvoting student member shall represent the board at
public functions;
(5) The nonvoting student member shall be provided with the
complete agenda and materials received by the regular board members
except those materials related to executive or closed sessions,
subject to subdivision (6) of this subsection;
(6) The nonvoting student member may be provided the complete
agenda and materials received by the regular board members related
to executive or closed session if a majority of the county board
votes to authorize the nonvoting student member to have the
complete agenda and materials received by the regular board members
related to executive or closed session;
(7) The nonvoting student member of a county board is entitled
to all expense allowances granted to other county board members,
but may not receive any compensation for his or her service as a
county board member; and
(8) Removal of a nonvoting student member of a county board
shall be in accordance with rules to be adopted by the county
board. At a minimum, the rules shall provide that a nonvoting
student member shall be removed from office by a majority vote of
the board upon his or her failure to meet any of the eligibility
requirements set forth in subsection (b) of this section or upon
his or her failure to meet any other requirements set forth in this
section for the nonvoting student member.
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