Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-189-5 - Denials of Nonresident Student Transfer Applications5.1. The receiving county board may only deny a nonresident transfer application for the following reasons. 5.1.a. There is a lack of grade level capacity in the receiving county.5.1.b. There is a lack of programs or services due to areas identified in the receiving county's critical need and shortage policy adopted pursuant to W. Va. Code § 18A-2-3.5.1.c. The nonresident student has committed a level 3 or level 4 behavior as defined by Policy 4373 within the last calendar year.5.2. If a nonresident student fails to fill out or submit a transfer application correctly, county board staff shall provide an explanation to the student that will assist the student with correcting the application and submitting it for approval.5.3. All denials of transfer applications shall be in writing; include an explanation for the denial; and, include information on how the denial may be appealed to the State Superintendent of Schools (State Superintendent). The written denial shall be provided to the parents/guardians of the nonresident student and the State Superintendent within three business days of the date the receiving county denied the transfer application.W. Va. Code R. § 126-189-5