Justice Calls On Lawmakers To Rescind School Sports Transfer ‘Mistake’

Gov. Jim Justice called for state lawmakers to reverse a law that allows students to transfer high schools to play on another sports team without changing addresses or completing a waiting period.

In 2023, state lawmakers passed a bill that, in part, allowed for high school students to immediately transfer high school sports teams, regardless of whether they changed addresses.

In his Wednesday briefing, Gov. Jim Justice called on state lawmakers to that law, calling the bill’s initial passage a “real, real mistake.”

Previously, state policies for high school sports required students to physically move to join a new school’s sports team, or wait a year after transferring to become eligible to compete.

Passage of the bill was contentious. It followed failed attempts from Sen Ryan Weld, R-Brooke, to push such a bill into law both in 2022 and earlier in 2023.

The bill was ultimately passed when it was coupled with sports transfer policies for recipients of the state’s Hope Scholarship.

But critics of the law, including Justice, have said it created an imbalance in high school sports, as students from schools with fewer resources are transferring to larger, more competitive schools in record numbers.

In November, Mountain State Spotlight found that the number of football games won by at least 70 points hit a record-high 13 in fall 2023 — compared to zero in 2022, and just four in 2021.

They also found that 432 students transferred high schools for sports in the fall, which tripled the number of transfers from the previous year-and-a-half.

In 2023, Justice allowed the bill to become law without signing it himself, voicing support for its Hope Scholarship transfer policy but concern over the broader sports transfer rule.

Now, however, Justice has become more vocal in his calls for lawmakers to change course.

During a press briefing Wednesday afternoon, Justice asked legislators to pass a bill reversing the controversial policy before the end of this year’s legislative session.

“If you play on a team and your team loses that game 95 to three in football, how do you feel tomorrow to get up and to go to school? Really and truly, that’s what we’re talking about,” Justice said. “We’re talking about embarrassing kids.”

Justice said if it remains in effect, the law could discourage youth from underprivileged backgrounds to pursue sports.

“We’re talking about kids that then decide, ‘I’m not going to have anything to do with this, even though I’m a pretty good athlete, and I’m a pretty good football player or basketball player,” he said.

The deadline is Feb. 28 for the West Virginia Senate or the House of Delegates to pass any bills that might make the change the governor is asking for. After that the chambers will turn to reviewing bills passed by the other chamber.

Bill Restricting Transgender Female Athletes In W.Va. Heads To Governor

A bill to restrict transgender girls and women from playing female sports is on its way to Gov. Jim Justice.

The West Virginia House of Delegates voted to accept the Senate’s version of HB 3293 on Friday evening.

The upper chamber’s version gives female student athletes, from middle school to college, the option to sue their county board of education, or their state higher education institution, if they feel there’s been a violation of this bill by having to play with or against a transgender girl or woman.

If the transgender student is a minor, the identity of that student would remain private and anonymous.

The Senate also amended the bill to clarify that the legislation will no longer “restrict the eligibility of any student to participate” in male athletic teams, or those that are co-ed, as long as they “try out and possess the requisite skill to make the team.”

More than two dozen state legislatures including West Virginia have introduced similar legislation this year. West Virginia House Democrats on Friday spoke against the effort.

It attempts to harm children,” said Del. Joey Garcia, D-Marion. “It ostracizes some of our most vulnerable children in the state of West Virginia.”

Garcia also questioned if this could hamper the state’s tourism efforts, referring to an incident in 2016 when the National Collegiate Athletic Association pulled its planned championship events from North Carolina venues, after the state imposed bathroom restrictions on its transgender residents and visitors. The NCAA returned to North Carolina after the state partially repealed the ban in 2017.

“They had to go back and fix it,” Garcia said. “They had to go back and fix it because they actually cared about tourism.”

Others who have opposed the bill, including Sen. Ryan Weld, R-Brooke, have said provisions for college athletes in the Senate’s version of HB 3293 conflict with the NCAA’s policy enacted in 2011, which allows transgender women to play in their sports.

“I don’t think that people who have a distinct physical, physiological advantage over members of an opposite sex should be allowed to play a sport with them. It’s unfair,” Weld said Thursday on the Senate floor. “But by including higher education, we’ve added another layer of complexity to an issue that is already extremely complex, extremely difficult.”

Meanwhile, Senate Education Chair Patricia Rucker, R-Jefferson, said Thursday that she believes the bill would bring the state into further compliance with Title IX, a law preventing sex-based discrimination, including discrimination against women, in schools and related programs.

“[This] is for the policy of helping our girls, helping our women, have the opportunity. That is what Title IX was about.” Rucker said. “This bill does nothing more than codify what is already well established under federal and state common law: that biological females, and biological males are not similarly situated in certain circumstances, and one of those circumstances is in sports.”

Supporters of the legislation in the House on Friday agreed with Rucker. “This conversation has to do with one thing and one thing only — girls in sports,” said Del. Roger Conley, R-Wood. “Why is it fair that my granddaughter would be on a basketball team with someone that was born a biological male, gets plowed over because they’re much faster, much stronger, [and] gets her leg broken?”

Before the bill reached either floor, however — in both its current version and earlier as it passed the House in March — lawmakers heard testimony from advocacy organizations like the Human Rights Campaign, that say transgender women are just as diverse as other women when it comes to body type and skill.

“They have a variety of different talents. They have a variety of different interests,” said Human Rights Campaign State Legislative Director Cathryn Oakley during a meeting with the House Judiciary Committee in February. “Some of them will be tall, some of them are short, some of them are fast, some of them are slow, some of them will have excellent hand eye coordination, others of them will not.”

While lawmakers who support the bill haven’t publicly identified any situations where schools have had problems with transgender athletes in West Virginia, the bill’s opponents have referred to sources highlighting bullying against transgender youth.

That includes a report by the Trevor Project mentioned last year in Forbes magazine, which said nearly half of the country’s transgender youth have considered suicide in the last year.

“This legislation, it’s just one more nail in the coffin for those students,” said Del. Cody Thompson, D-Randolph, who is gay. “I don’t think anyone in here has ever contemplated suicide for being straight. Definitely crossed my mind. But this bill, it’s unfortunate that this is where we’re at right now, and that we’re going to put into law something that’s going to just tell these young people that you don’t matter. We don’t care.”

Del. Danielle Walker, D-Monongalia, agreed and said she was “sorry” on behalf of the legislature.

“Trans youth are still youth. Children are still children,” said Walker. “Today, I feel like a bully on children … I apologize to my constituents … I stand with you today in front of my colleagues.”

The House voted 80-20 on the measure, and the bill now heads to the governor for consideration. West Virginia Public Broadcasting reached out to the bill’s lead sponsor, Del. Caleb Hanna, R-Nicholas, for comment, but he did not respond before this story was published.

Hanna has not spoken publicly on the floor or in committee on the issue.

House Communications Director Ann Ali told West Virginia Public Broadcasting that because the bill originated in the House Education Committee, Hanna was listed as its lead sponsor due to him serving as committee vice chair that day.

Teachers At A ‘Breaking Point,’ Union Tells W.Va. Board Of Education

State education leaders continue to hear concerns regarding the reopening strategy of West Virginia’s public and private K-12 schools. Some parents are frustrated with the education model officials have adopted, such as the color-coded map and the back-and-forths between in-person and virtual settings as a result of virus spread, and some teachers are feeling stretched-thin.

At the West Virginia Board of Education’s monthly meeting Thursday, members heard from parent and public school teacher Rachel Kittle.

“I feel like West Virginia as a whole, from the State Board of Education to all of our school districts, we did not adequately plan and prepare for consistency across the state,” Kittle said. “We have some school districts going five days a week with early outs and delays. Some three days a week, four days a week, and there’s just no consistency across the board.”

Kittle decided to step back from teaching this fall so she could care for her toddler, but she also has a seven-year-old who is in first grade this year. She said her seven-year-old has “regressed tremendously” due to the schooling inconsistencies.

“That worries me as a parent, because I think, ‘well what’s going to happen in the future,’” she said. “She comes from a good home … she doesn’t have any kind of, you know, needs not being met … But what about our kids that don’t come from good homes?”

Board members also heard from Fred Albert, president of the West Virginia chapter of the American Federation of Teachers, who highlighted the struggle teachers are facing in their classrooms.

Albert described teachers as at a “breaking point” — feeling overwhelmed by long hours and juggling learning settings.

“We have 104 teachers in Marion County, who are members of AFT, and they have filed a grievance, because they are being asked to do more than one job,” Albert said. “They’re being asked to teach face-to-face, and they’re being asked to do e-learning or virtual, remote learning. And they’re finding that it’s impossible. Their days are beyond extended.”

Albert said many teachers have identified hybrid schooling, where student groups take turns attending in-person and remote during a school week, as a potential remedy. He explained this model would allow teachers more time to plan.

“I know in some counties, they are doing the hybrid [model] where they have a day to do remote, but it’s also a day to kind of catch their breath,” he said.

Albert also noted that many teachers and parents have lost confidence in the color-coded school re-entry map, saying it doesn’t paint a true picture of coronavirus spread.

In Wednesday’s virtual press briefing with Gov. Jim Justice, the governor reported 885 new cases of the coronavirus within a 24-hour period — the highest record of new cases in the state since the pandemic began.

The governor, while he has not made any moves to add restrictions on the state, continues to encourage West Virginians to wear masks, social distance and get tested often for the coronavirus. Some other states however, including Utah and Massachusetts, have recently issued new statewide mandates, such as mask-wearing and a stay-at-home order respectively, due to virus surge.

It was also noted at the West Virginia Board of Education meeting that many school-related coronavirus outbreaks in the state have occured in music and health classes, and the majority of students who contract the virus are in special education. To-date, there are 118 cases of COVID-19 in 15 county school districts, according to the West Virginia Department of Education.

Homeschool Sports Changes

Board members, Thursday, also approved a policy following a public comment period on a new law that would allow homeschool students to play in public school sports after meeting certain requirements.

The issue has garnered heated debate in previous state legislative sessions, however, some states, such as North Dakota and Florida, allow homeschooled students to play sports with traditionally educated kids. Other states, like Ohio, require homeschoolers be allowed access to extracurricular activities in public school settings.

Under the new policy, homeschool students are only eligible if they have at least a 2.0 GPA, are enrolled in a virtual class in compliance with the county in which they would participate, and have been enrolled in homeschool for at least one academic year.

This policy comes from a bill that passed during the 2020 state legislative session and was signed by the governor in March.

There were 18 comments from 11 people during the written comment period, including teachers, parents, and a community member, but only minor editorial corrections were made. Of those 18 comments, eight were opposed to homeschool students having access to public school sports, while others criticized the number of eligibility requirements.

“I do not agree with allowing homeschooled students to play on public school athletic teams,” said commenter Melanie Meck. “To be eligible to participate in public school athletics, 6-12 grade students should be enrolled full-time in the local public school system. If public school education is not chosen, then community leagues should be the homeschool option.”

Another commenter, homeschool parent Theresa Dennison, felt differently.

“Thanks to the Dept. of Ed. and WVSSAC [West Virginia Secondary School Activities Commission] for working with homeschool liaison, Jamie Buckland, in developing language necessary for our kids to be included,” said Dennison. “Many kids are finally getting to participate in sports and band, have fun, meet new friends, and learn in these non-academic endeavors.”

The policy will be effective in 30 days.

June 17, 1916: State Athletic Association Organized

On June 17, 1916, the West Virginia High School Athletic Association was organized in Charleston. The 11 charter members were Bluefield’s Beaver High School, Clarksburg’s Washington Irving High School, and Charleston, Elkins, Fairmont, Grafton, Huntington, Parkersburg, St. Marys, Sistersville, and Wheeling high schools. 

The association gave high schools more control over their athletic activities. Previously, high school events had been organized by outside groups with little attention to rules, regulations, or eligibility requirements. Selected principals of member schools served as officers of the association.

In 1955, the organization changed its name to the West Virginia Secondary School Activities Commission. In 1967, the West Virginia Legislature recognized the SSAC, as it’s known, as a legal arm of county school boards.

Today, the SSAC makes rules and regulations governing its members’ interscholastic athletic and band activities. It sponsors state championships in basketball, track and field, baseball, football, wrestling, golf, tennis, cross-country, volleyball, softball, cheerleading, soccer, and swimming. The SSAC also holds clinics for coaches and officials; sets performance requirements for officials; presides over regional band festivals; maintains sportsmanship ratings for member schools; and administers academic achievement awards and scholarships.

Basketball Class Expansion Proposal Passed in W.Va.

The governing body for high school sports in West Virginia has passed a proposal to expand the number of classes in basketball to four.

The Secondary School Activities Commission’s Board of Control passed the proposal on a 111-26 vote Tuesday. It would expand the current system of three classes under the two-year trial. The board consists of high school principals and athletic directors.

The state Board of Education will put the proposal out for public comment for 30 days before voting on it.

Private schools have won multiple Class A state championships in both girls and boys basketball in the past three decades. Last month St. Joseph won its ninth girls title in 11 years.

Dolan Chosen to Lead Secondary School Activities Commission

West Virginia school administrators named Ohio County assistant schools superintendent Bernie Dolan as executive director of the Secondary School Activities Commission.

 

The SSAC announced Dolan’s hiring Tuesday at a meeting at Stonewall Jackson Resort in Lewis County.

He’ll replace Gary Ray, who is retiring in January.

 

Dolan, 54, served as a coach, assistant athletic director and athletic director at Wheeling Park High School. He was the school’s principal from 2008 to 2012 before becoming a county school administrator.

 

He is a 1979 graduate of Wheeling Park and graduated from West Virginia University.

 

The SSAC oversees interscholastic athletics, cheerleading and band activities among its more than 280 member schools.

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