W. Va. Code R. § 126-189-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-189-3 - Nonresident Student Transfer Open Enrollment Policy

3.1. County boards shall establish and implement an open enrollment policy for nonresident students that is subject to the following requirements.

3.1.a. The policy shall establish an open enrollment process and enrollment application period for nonresident students to enroll in any schools within the county school district.

3.1.b The policy shall be clearly publicized to parents/guardians and the general public, including dates, processes, and timelines, and shall be made available on the county board's website.

3.1.c. The policy shall establish a process for nonresident students to enroll in any schools within the county school district on a case-by-case basis at any time during the academic year as long as all other requirements are met including that the student has not previously transferred within the same school year.

3.1.d. The policy may allow for circumstances under which an out of county placement may be revoked due to chronic absenteeism, tardiness, behavioral infractions categorized as level three or four as defined in W. Va. 126CSR99, Policy 4373, Expected Behavior in Safe and Supportive Schools (Policy 4373), or failure to comply with agreed upon conditions of the transfer as established between the parents/guardians and the county school district.

3.1.e. The policy shall not be discriminatory against nonresident students on the basis of their residential address or disability status.

3.1.f. The policy shall not allow for refusal of a nonresident student transfer because the student seeks to transfer from a private, parochial, church, or religious school located in the sending county and holding an exemption approved pursuant to W. Va. Code § 18-8-1(k).

3.1.g. The policy may include preferences for students meeting any of the following criteria:

3.1.g.1. siblings of students already enrolled through the receiving county's open enrollment policy;

3.1.g.2. secondary students who have completed grade 10 and, due to family relocation, become nonresident students, but express the desire to remain in a specific school within the receiving county to complete their education;

3.1.g.3. students who are children, grandchildren, or legal wards of employees of the receiving county;

3.1.g.4. students whose legal residences, though geographically within the sending county, are more proximate to a school within the receiving county, whether calculated by miles or transportation time; and/or

3.1.g.5. students who reside in a portion of a sending county where topography, impassable roads, long bus rides, or other conditions prevent practicable transportation of the student to a school within the sending county, and a school within the receiving county is more easily accessible.

W. Va. Code R. § 126-189-3