W. Va. Code » §18-2-25. Authority of county boards to regulate athletic and other extracurricular activities of secondary schools; delegation of authority to West Virgi
West Virginia Code

W. Va. Code § 18-2-25 (2026)

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 and by home-schooled students and participants in the Hope Scholarship Program or in a Microschool or Learning Pod

✓ current as of May 2026
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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 and by home-schooled students and participants in the Hope Scholarship Program or in a Microschool or Learning Pod.

(a) The county boards of education 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 those schools of their respective counties. The county board of education may delegate control, supervision, and regulation of interscholastic athletic events and band activities to the West Virginia Secondary School Activities Commission.

(b) The West Virginia Secondary School Activities Commission is 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 the commission. The West Virginia Secondary School Activities Commission 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 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 29A 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. County boards of education may expend moneys for and pay dues to the West Virginia Secondary School Activities Commission, and all moneys paid to the commission, as well as moneys derived from any contest or other event sponsored by the commission, are quasi-public funds as defined in §18-5-1 et seq. of this code, and the funds of the commission are subject to an annual audit by the State Tax Commissioner.

(c) The West Virginia Secondary School Activities Commission shall promulgate reasonable rules providing for the control, supervision, and regulation of the interscholastic athletic events and other extracurricular activities of private and parochial 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. 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.

(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, is a participant in the Hope Scholarship Program, pursuant to §18-8-1(m) of this code and as provided for in §18-31-1, et seq. of this code, or participates in a microschool or learning pod, pursuant to §18-8-1(n) of this code, and who:

(1) Has demonstrated satisfactory evidence of academic progress for each year in compliance with the provisions of that subsection: Provided, That the student's average test results are within or above the fourth stanine in all subject areas;

(2) Has not reached the age of 19 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 of the West Virginia Secondary School Activities Commission and the county board in which the student lives; and

(5) Agrees to obey all rules of the West Virginia Secondary School Activities Commission governing awards, all-star games, parental consents, physical examinations, and vaccinations applicable to all high school athletes.

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 students who leave a school during the school year are subject to the same transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic athletic events and other extracurricular activities.

(e) Students enrolled in a private school shall be eligible to participate in extracurricular activities at the public secondary school serving the attendance zone in which the student lives if the extracurricular activity is not offered at the student's private school: Provided, The student meets the requirements of subsection (d)(4) and (d)(5) of this section: Provided, however, That elementary and middle school students enrolled in any private, parochial or church school or school of a religious order or other nonpublic school who have played against at least two public schools during the previous regular athletic season shall be eligible to participate in county athletic tournaments held at the end of the athletic season, except for invitational tournaments.

(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: Provided, That the preparatory athletic program shall pay the same fees as member schools. Such recognition does not entitle the preparatory athletic program to compete against a member school during the regular season or in any commission state championship events. The commission may promulgate an emergency rule pursuant to subsection (b) of this section, if necessary, to carry out the intent of this subsection.

Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 1984–2024 · leading case: Bailey v. Truby, 321 S.E.2d 302 (W. Va. 1984).
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Bailey v. Truby, 321 S.E.2d 302 (W. Va. 1984). · cites it 46× “The Wood County Board of Education challenged the State Board's authority to enact the rule on the ground that local boards of education are vested by W.Va. Code, 18-2-25, with the exclusive right to control, supervise and regulate participation in extracurricular activities.”
Jones v. West Virginia State Bd. of Educ., 622 S.E.2d 289 (W. Va. 2005). · cites it 17× “Defendant West Virginia Secondary School Activities Commission (hereafter "WVSSAC") is a quasi-public body, established pursuant to West Virginia Code section 18-2-25, to whom county boards of education may delegate the authority to control, supervise and regulate band…”
Mayo v. West Virginia Secondary Schs. Activities Comm'n, 672 S.E.2d 224 (W. Va. 2008). · cites it 13× “W.Va.Code § 18-2-25 (1967) (Repl. Vol. 2008).”
SER W. Va. Secondary Sch. Activities Comm'n v. Hon. David W. Hummel, Judge, etc., 769 S.E.2d 881 (W. Va. 2015). · cites it 44× “CODE § 18-2-25 [1967]. We discuss this statute in greater detail in our analysis.”
Elliott v. Schoolcraft, 576 S.E.2d 796 (W. Va. 2002). · cites it 4× “1999) which provides, in pertinent part, that "[t]he 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,…”
Israel Ex Rel. Israel v. West Virginia Secondary Schs. Activities Comm'n, 388 S.E.2d 480 (W. Va. 1989). · cites it 2× “The SSAC is a nonprofit organization created by W.Va.Code, 18-2-25 (1967), which authorizes county boards of education to delegate their supervisory authority over interscholastic athletic events and band activities to the SSAC.”
State Ex Rel. Lambert v. West Virginia State Bd. of Educ., 447 S.E.2d 901 (W. Va. 1994). · cites it 38× “W.Va.Code § 18-2-25 (emphasis added). The Petitioners' argument is flawed for several reasons.”
West Virginia Bd. of Educ. & Steven L. Paine, Ed.D v. Bd. of Educ. of the Cnty. of Nicholas, 806 S.E.2d 136 (W. Va. 2017). · cites it 6× “The Kanawha County Board of Education argued that West Virginia Code § 18-2-25, providing that county boards “shall exercise the control, supervision and regulation of all interscholastic events and other extracurricular activities .”
State ex rel. West Virginia Secondary Sch. Activity Comm'n v. Webster, 717 S.E.2d 859 (W. Va. 2011). · cites it 9× “W.Va.Code § 18-2-25; see Oakley, 152 W.Va.”
B.P.J. v. West Virginia State Bd. of Educ., 98 F.4th 542 (4th Cir. 2024). “See W. Va. Code § 18-2-25 (b). The Commission comprehensively supervises and controls interscholastic athletics among its member schools, including by determining eligibility criteria for all interscholastic athletics.”
Bd. of Educ. v. West Virginia Bd. of Educ., 399 S.E.2d 31 (W. Va. 1990). · cites it 2× “The county board asserted that W.Va.Code, 18-2-25, *4 which granted county boards “the control, supervision and regulation” of such activities, 5 delegated the power to promulgate such rules exclusively to the county boards.”
West Virginia Consol. Pub. Ret. Bd. v. Carter, 633 S.E.2d 521 (W. Va. 2006). · cites it 6× “It "is empowered to exercise the control, supervision and regulation of interscholastic athletic events and band activities" of public secondary schools and private and parochial schools delegated to it by county boards of education and private and parochial schools W. Va.Code §…”
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W. Va. Code § 18-2-25(b): 2 cases
State of West Virginia ex rel. West Virginia Secondary Sch. Activities Comm'n v. The Honorable Jason A. Cuomo, Judge of the Circuit Court of Ohio Cnty., & Heather B., Legal Guardian of A.B., 880 S.E.2d 46 (W. Va. 2022).
State of West Virginia ex rel. West Virginia Secondary Sch. Activities Comm'n v. The Honorable C. Carter Williams, Judge of the Circuit Court of Hardy Cnty., Hardy Cnty. Bd. of Educ., & East Hardy High Sch., RespondentsandState of West Virginia ex rel. West Virginia Secondary Sch. Activities Comm'n v. The Honorable Richard Wilson, Judge of the Circuit Court of Tyler Cnty., Tyler Cnty. Bd. of Educ., & Tyler Cnty. Consol. High Sch. (W. Va. 2024).
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