H. B. 4230

         (By Delegates Hunt, Mr. Speaker, Mr. Miley,

         Morgan, Moore, Reynolds, Craig, Miller,

         R. Phillips, Tomblin, Eldridge and McCuskey)

         [Introduced January 20, 2014; 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 permitting participation by home schooled students in athletic activities and other extracurricular activities of secondary schools.

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 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 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 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 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 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 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, code or the commission’s rules to the contrary, the commission shall consider eligible for participation in interscholastic athletic events and 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, approved by the county board of education and who is not enrolled in a charter school and who:

    (1) Has demonstrated satisfactory evidence of academic progress 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. This bill does not apply to students of charter schools.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.