February 6, 2003

J. Patrick Law
Assistant Superintendent
Kanawha County Schools
200 Elizabeth Street
Charleston, WV 25311

Dear Mr. Law:

I am in receipt of your request for a Superintendent's Interpretation dated October 24, 2002, regarding enrollment and county transfer policies. You explain that Kanawha County School's transfer policy requires a student attend a school in their area of residence. The exception to this rule would be when the Central Office approves an "out of area" transfer.

Specifically, you ask whether West Virginia Board of Education Policy 4110, sections 4.7., 4.7.1., 4.7.2., and 4.7.3., which define enrollment of a student, conflict with West Virginia Code 18-5-16, "which sets parameters for the transfer of students between counties, and which indicates that counties are to designate attendance areas . . ." and/or county transfer policies.

The enrollment definition stated in West Virginia Board of Education Policy 4110 strictly defines what constitutes an officially enrolled student in a school. Once a student is enrolled, they remain enrolled unless, for example, they matriculate to the next school, transfer, drop out, or graduate. The term transfer refers to an enrolled student moving from one location to another. The definition of enrollment in West Virginia Board Policy 4110 does not obviate the need for a transfer policy and does not conflict with either transfer policies or West Virginia State Code 18-5-16 as enrollment and transfer are two separate and distinct activities.

Sincerely,

/s/