May 7, 1997

Mr. James Dawson
Executive Director
RESA III
501 22nd Street
Dunbar, West Virginia 25064-1711

Dear Mr. Dawson:

This is in response to your letter requesting an interpretation regarding alternative education.

Specifically, you ask the following:

1. Are county boards of education liable for students who are beyond the mandatory school attendance age?

2. Does this provision permit boards to offer programs limited to the basic core curriculum?

3. If the expelled student is considered a danger to other personnel or if the educational process is at a time other than the normal school day, must the county provide alternative transportation?

4. Can the alternative education be offered at a site other than board of education property?

5. Will the West Virginia Department of Education offer or suggest guidelines for county school systems to follow?

In response to your questions it is important to note that any answer that comes from our office at this time may change as soon as the Supreme Court issues its opinion in the case of Cathe A., Guardian of C.E.A. v. Doddridge County Mr. James Dawson
Page Two
May 7, 1997

Board of Education, No. 23350. This case was argued in the Supreme Court on February 25, 1997, and is the companion case to Phillip Leon M., and Sharon C., as Next Friends of J.P.M. v. Greenbrier County Board of Education, et al., No. 23349 (December 13, 1996).

At the present time county boards are required to educate children past the mandatory attendance age for as long as the student wishes to remain enrolled in the school system up to the age of twenty-one.

County boards are permitted discretion as to the structure and location of the alternative education programs. Currently, there is no requirement that the county pay for the transportation of the students attending alternative education programs. Again, this may change.

As soon as our office receives direction from the Supreme Court on these issues, guidelines will be forthcoming.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools