July 5, 2002

Stephen Baldwin, Superintendent
Greenbrier County Schools
P.O. Box 987
Lewisburg, West Virginia 24901

Dear Mr. Baldwin:

This is to acknowledge the receipt of your letter dated February 20, 2002 relative to students wishing to return to school after receipt of their General Educational Development (GED). Specifically, you asked:

"Do the public schools have to accept GED graduates back into their schools?"

West Virginia Code 18-5-15(b) states that:

(b) The public schools shall be open for the full instructional term to all persons who have attained the entrance age as stated in section five [18-2-5], article two and section eighteen [18-5-18], article five, chapter eighteen of this code: * * * *
Persons over the age of twenty-one may enter only those programs or classes authorized by the state board of education and deemed appropriate by the county board of education conducting any such program or class: Provided, That authorization for such programs or classes shall in no way serve to affect or eliminate programs or classes offered by county boards of education at the adult level for which fees are charged to support such programs or classes.

As a result, students ages twenty-one and younger should automatically be re-enrolled and subject to compulsory school attendance. This result is warranted as these students are entitled to a public education leading to a high school diploma which may be viewed as different than a GED.
Hoping that I have been of service, I am,

Sincerely,

/s/