Wood County Schools

WCS Policy 5117 [see official document]

For the school year beginning July 1, 2023, and thereafter, the following provisions shall apply when a resident/in-county student seeks to transfer from one school in Wood County to another school in Wood County or when an out-of-county or out of state resident seeks to enroll in Wood County Schools.

Definitions

“Grade level capacity” means that the program or grade of enrollment requested by an intra-county student transfer applicant may receive that student without: i) violating any pupil-teacher ratios or employee caseload standards established by law, ii) resulting in there being more than 28 students in any English Language Arts, Math, Science or Social Studies class in grades 7 through 12, iii) requiring the hire or engagement of additional employees, vendors or independent contractors, iv) requiring the creation of additional programs and services not currently available in that school or grade level, or v) with respect only to teachers in certification areas identified in the school board’s critical need shortage policy, resulting in the student transferring from a school with a fully-certified teacher in courses he/she needs to take to a school without a fully-certified teacher in courses he/she needs to take. In all cases, priority shall be given to students who live within each school’s attendance area/boundary.

“Parent” means a guardian with decision-making authority, or other personal legally responsible for any student.

“Student” means a person who attends school.  

“School attendance zone” means a geographic area of Wood County whose residents typically will attend designated schools within that same geographic area.

“Intra-county transfer” means a student transfer from one school in Wood County to another school in Wood County.

“Non-resident student” means a student who resides in a West Virginia County other than Wood County.  

“Out of state resident” residing in another state other than West Virginia.

“Superintendent” means the superintendent of Wood County Schools.

Parent-Requested Intra-County, Non-Resident, or out of state student transfers for the next ensuing school year

Parents may request that their student be permitted to attend a school or program outside their school attendance zone.  The superintendent may grant a requested intra-county, non-resident or out of state student transfer if the desired school or program has grade level capacity and existing programs and services needed by the student.

Requests for intra-county, non-resident or out of state student transfers must be filed with the superintendent via access through the Wood County Schools website or any school office. In order to best serve students’ academic, social and emotional needs, as well as the best interests of the schools, initial intra-county student transfers should occur at the start of a new school year. However, the superintendent will consider all intra-county, non-resident or out of state transfer requests regardless of when they are filed.

To be considered, open enrollment applications for the next ensuing school year must be submitted between January 1st through March 1st of the current school year. Applications received after this deadline shall be evaluated case-by-case and approved only under extraordinary circumstances beyond the control of the applying parent and/or student, as the case may be.

Within 45 working days of receiving an intra-county, non-resident or out of state student transfer request, the superintendent will issue a written approval or denial of the request. Denials will contain an explanation of the reasons for the denial. 

Parent-Requested Intra-County, Non-Resident or out of state student transfers for the same school year

Applications for intra-county, non-resident or out of state students seeking enrollment during the same school year shall be evaluated case-by-case and approved only under extraordinary circumstances which are beyond the control of the applying parent and/or student, as the case may be. 

Superintendent-Proposed Intra-County Student Transfers

For reasons affecting the best interests of the schools, the superintendent may propose to transfer a student from one school in Wood County to another school in Wood County. All such proposed student transfers shall be made in writing and sent to the parents of the affected student no less than ten school days before the proposed transfer is to take place.

The superintendent may not transfer a resident student from one school to another within the county for reasons affecting the best interests of the schools without the consent of the student’s parent. 

Appeals of Superintendent Transfer Decisions

Any aggrieved parent may appeal an adverse intra-county, non-resident or out of state student transfer ordered or denied by the superintendent to the school board. A written appeal must be submitted to the office of the superintendent. The school board will render a decision within 60 calendar days of receiving any such appeal.

Appeals of School Board Transfer Decisions

Any aggrieved parent may appeal an adverse intra-county, non-resident or out of state transfer decision of the school board to the state superintendent of schools, whose decision shall be final.

Denials

Open enrollment applications may be denied due to lack of grade level capacity, lack of programs or services within areas identified in the school board’s critical need policy, the student’s commission of level 3 or level 4 inappropriate behavior as defined by West Virginia Board of Education Policy 4373 during the 365 days preceding the date of application, the student’s having already transferred to another school district within the same school year, or the failure to submit a timely application after receiving an explanation of the ways in which the application may be corrected and resubmitted for approval.

The denial shall be in writing, sent to the parent or guardian of the intra-county or non-resident student and the West Virginia Department of Education within three business days of the decision, and will include the reason and explanation for the denial as well as information on how to file a further appeal of the denial.

Transportation Regular Education

Parents are responsible for arranging the transportation of their students to and from schools outside of their attendance zone. Approved intra-county, non-resident or out of state regular education students may access the school board’s existing transportation services. However, parents are responsible for transporting their students to and from a bus stop which serves the school in the attendance zone in which the student is transferring. Parents must contact the transportation department to make these arrangements. The school board is not required to uniformly provide intra-county or non-resident students with transportation services.  In making such transportation decisions, the school board may consider whether an intra-county, non-resident or out of state student meets the eligibility criteria for free or reduced price lunch and milk established within the Richard B. Russell National School Lunch Act (42 U.S.C. § 1758).

Transportation Special Education

Approved intra-county,  non-resident or out of state special education students with Individualized Education Plans (IEP) that specify transportation is necessary for fulfillment of the IEP will be provided transportation in accordance with the requirements of state law, which may include:

• Transportation to and from the school of attendance,

• Transportation to and from an agreed pickup point on a regular transportation route, or

• Mileage reimbursement to the parent for the miles traveled transporting the student to and from his/her school of attendance or the agreed pickup point on a regular transportation route, as applicable.

Admission Preferences

When considering open enrollment applications, preference will be given to the following applicants over applicants not meeting these specific criteria:

• All applicants shall be considered relevant to the order submitted.

• Siblings of students already enrolled through the open enrollment policy;

• Secondary students who have completed tenth grade or higher, and, due to family relocation, become nonresident students, but express the desire to remain in a specific school to complete their education;

• Students who are children, grandchildren, or legal wards of employees of the      school of employment;

• Students whose legal residences, though geographically within another county, are more proximate to a school within Wood County, whether calculated by miles or transportation time;

• Students who reside in a portion of a contiguous county where topography, impassable roads, long bus rides, or other conditions prevent the practicable transportation of the student to a school within the county, and a school within Wood County is more easily accessible;

Out-of-State Transfers Into Wood County Schools

When, in the judgement of the school board, the education and welfare of a pupil residing outside the State of West Virginia will be enhanced by attending Wood County Schools, the school board may grant that student permission, on an annual basis, to enroll in Wood County Schools. Applications for out-of-state students to enroll during the next ensuing school year must be made by March 1st of the current school year. Provided, however; that with the exception of dependents of employees of Wood County Schools, such out-of-state students shall be required to pay tuition in the amount of $6000.00. Such tuition may be paid on a monthly basis, due upon the first day of each month the student is enrolled in Wood County Schools. Out-of-state residents who are dependents of employees of Wood County Schools, if approved by the Board to attend Wood County Schools annually as required above, will not be charged tuition. Should the employee’s employment with Wood County Schools terminate—either voluntarily or involuntarily—the out-of-state student shall be required to begin paying tuition at the start of the academic year immediately following the termination of employment.

General

Upon receiving approval of granted request. The following documentation must be provided.

1. Student’s certified birth certificate.

2. Student’s immunization records; and

3. A statement affirming that the student has not, in the last 365 days preceding the date of

   1. application, committed a level 3 or level 4 inappropriate behavior under West Virginia 

   2. Board of Education Policy 4373.

When making enrollment decisions, the superintendent and the school board will not distinguish between students on the basis of residential status or potential disability status. However, the school board and the superintendent are required to determine if appropriate staff, resources, services and programs are in place at the requested school and grade level to meet the needs of the applying students.

Nothing in this policy should be interpreted to violate any law including but not limited to the Individuals with Disabilities Education Improvement Act of 2004, § 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, or the West Virginia Human Rights Act. 

The school board shall comply with the McKinney-Vento Homeless Assistance Act with respect to students in foster care or are homeless or meet the definition of unaccompanied youth under the Act.

Annual Reporting Requirements

The school board will report annually to the State Department of Education the number of resident, non-resident and out of state student transfers approved for the preceding school year, as well as the number of resident and nonresident student transfer applications denied and the reasons for those denials. Information regarding the annual number of resident and nonresident student transfer approvals and denials shall also be made available on the school board’s website.

The Open Enrollment application process shall be communicated to the general public on the Wood County Schools website and shall include the deadlines for filing applications. This policy shall be made available on the Wood County Schools website.

Legal Reference: West Virginia Code § 18-5-16
Date Approved: November 28, 2023