WEST virginia Legislature
2019 regular session
Introduced
House Bill 2141
By Delegate Caputo
[ Introduced January 9, 2019; 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 West Virginia Secondary School Activities Commission; and requiring rules relating to interscholastic athletic football events include the requirement that neck braces be worn by all football players.
Be it enacted by the Legislature of West Virginia:
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 by state board; incorporation; funds; participation by private and parochial schools.
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 the 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 School 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 School
Activities Commission is hereby empowered to may 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 §29A-3-1
et seq. of this code, but shall, 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 31
of this code. The commission shall provide in any rule pertaining to
interscholastic athletic football events that all players are required to wear
neck braces, in addition to the head gear and other protective equipment
ordinarily worn in those events. County boards of education are hereby
authorized to 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 quasi-public funds as the same
are defined in §18-5-1 et seq. of this code, 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 the private and
parochial secondary schools as 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.
NOTE: The purpose of this bill is to require the West Virginia Secondary School Activities Commission to adopt rules to provide for use of neck braces by all football players in interscholastic athletic football events.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.