SB 601 — Providing that WV Secondary School Activities Commission promulgate legislative rules

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 601 ByBYSENATORS SenatorsRUCKER Rucker,, Deeds,EEDS,AND andROBERTS Roberts[Originating [Introducedin Februarythe 10,Committee 2023;on School Choice;

referredreported toon theFebruary Committee16, on2023] SchoolCS Choice]for Intr SB 601 2023R3552 A BILL to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to allowingproviding Hopethat Scholarshipthe privateWest schoolVirginia students;Secondary School Activities Commission promulgate legislative rules;

individualizedand instructionalmodifying students;eligibility requirements for participation in interscholastic athletic events and other extracurricular activities of secondary schools for students receiving home instruction.

microschool students;

and learning pod students to participate in public interscholastic athletic events and other extracurricular activities of public secondary schools.

participation by private and parochial schools,schools and by home- schooled students, and certain nonpublic school students.

The rules of the West Virginia Secondary School Activities Commission shall contain a provision for a proper review procedure and review board and be CS for SB 601 promulgated in accordance with the provisions of chapter 29A of this code, but shall, in all instances, be subject to Intr SB 601 2023R3552 the prior approval of the state board.

(c) The West Virginia Secondary School Activities Commission shall promulgate reasonable ruleslegislative providingrules, forin theaccordance control,with supervision, and regulation of the interscholasticprovisions athletic events and other extracurricular activities of private§29A-3-1 andet parochialseq. secondary schools as elect to delegate to the commission control, supervision, and regulation, upon the same terms and conditions, subject to the same rules and requirements and upon the payment of the same fees and charges as those provided for public secondary schools.

Anyof suchthis code, providing for the control, supervision, and regulation of the interscholastic athletic events and other extracurricular activities of private orand parochial secondary schoolschools shallas receiveelect anyto monetarydelegate orto otherthe benefitscommission incontrol, supervision, and regulation, upon the same mannerterms and inconditions, subject to the same proportionrules and requirements and upon the payment of the same fees and charges as anythose provided for public secondary school.schools.

(d)Any Notwithstandingsuch anyprivate other provision of this section, or theparochial commission’ssecondary rules,school theshall commissionreceive shallany considermonetary eligibleor forother participationbenefits in interscholasticthe athleticsame eventsmanner and otherin extracurricularthe activitiessame ofproportion secondaryas schoolsany apublic studentsecondary whoschool: is receiving home instruction pursuant to §18-8-1(c), completing an individualized instructional program pursuant to §18-8-1(m) of this code, or attending a microschool or learning pod pursuant to §18-8-1(n) of this code and who:

(1)Provided, HasThat demonstratedeach satisfactoryrule evidencepromulgated ofon academicor progressbefore forDecember one1, year2022, inis compliancedeemed to have been validly promulgated, notwithstanding any failure to comply with theany provisionsrequirement of that§29A-3-1 subsection:et seq.

of this code.

(d) Notwithstanding any other provision of this section, or the commission’s rules, the commission shall consider eligible for participation in interscholastic athletic events and other extracurricular activities of secondary schools a student who is receiving home instruction pursuant to §18-8-1(c) of this code and who:

CS for SB 601 (1) Has demonstrated satisfactory evidence of academic progress for one year in compliance with the provisions of that subsection:

(2) Is enrolled in at least one virtual instructional course per semester, consistent with the Intr SB 601 2023R3552 applicable virtual instruction policy of the county board in which the home-schooled student lives and the State Board;

(e) Eligibility is limited to participation in interscholastic athletic events and other extracurricular activities at the public secondary school serving the attendance zone in which the student lives:

Provided, That home-schooled students, private school students, microschool, learning pod, or individualized instructional program students participating in interscholastic athletic events and other extracurricular activities of secondary schools pursuant to this section who leave a member school during the school year are subject to the same transfer protocols that apply to member-to-member transfers.

(e) (f) The West Virginia Secondary School Activities Commission shall recognize preparatory athletic programs, whose participants attend a secondary school in West Virginia for academic instruction, as nonparticipating members of the commission solely for the purpose of competing on the national level:

Such recognition does not entitle the preparatory athletic program to compete against a member school during the regular season or in any commission state CS for SB 601 championship events.

NOTE:

The purpose of this bill is to allow Hope Scholarship private school students, individualized instructional students, microschool students, and learning pod students to participate in public interscholastic athletic events and other extracurricular activities of public secondary schools.

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