HB 5663
Regarding venue for legal actions against the West Virginia Secondary School Activities Commission
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a specific venue for legal actions against the West Virginia Secondary School Activities Commission (WVSASC). It requires that any lawsuit involving the WVSASC must be filed in Kanawha County Circuit Court. The bill also mandates 30 days’ notice to the WVSASC, the State School Board, and the Attorney General before filing a claim, and provides for a 30-day tolling of the statute of limitations if proper notice is given. Furthermore, the bill addresses eligibility for participation in extracurricular activities for students in private schools and those receiving home instruction.
Key provisions
- Lawsuits against the WVSASC must be filed in Kanawha County Circuit Court.
- Complaining parties must provide 30 days’ written notice to the WVSASC, State School Board, and Attorney General via certified mail.
- The statute of limitations is tolled for 30 days if proper notice is provided.
- The bill outlines eligibility criteria for students in private schools and those receiving home instruction to participate in extracurricular activities.
- Recognizes preparatory athletic programs as nonparticipating members for national competition.
- Specific exceptions exist for injunctive relief actions.
- Allows for suits in Kanawha County for certain cases involving Kanawha County schools.
- Establishes procedures for providing 30 days’ notice of claims.
Who is affected
- West Virginia Secondary School Activities Commission
- Students participating in extracurricular activities
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