The bill amends the Code of West Virginia to establish new procedures for legal actions involving the West Virginia Secondary School Activities Commission. It requires that any party intending to file a claim against the Commission must provide a written notice at least 30 days prior to initiating the action. This notice must be sent via certified mail to the Commission, the State School Board, and the Attorney General, and the statute of limitations for the claim will be tolled for 30 days from the date of mailing. However, this notice requirement does not apply to actions seeking injunctive relief if the court determines that irreparable harm would occur due to the delay.
Additionally, the bill stipulates that any legal action involving the West Virginia Secondary School Activities Commission must be filed in the Circuit Court of Kanawha County, with an exception for cases brought by or on behalf of students enrolled in schools located in Kanawha County or by the Kanawha County Board of Education, which may be filed in any other county in the state. This legislative change aims to streamline the process for claims against the Commission while ensuring that local students have access to legal recourse in their respective jurisdictions.
Statutes affected: Introduced Version: 18-2-25
Committee Substitute: 18-2-25
Committee Substitute for the Committee Substitute: 18-2-25
Engrossed Committee Substitute for the Committee Substitute: 18-2-25