September 18, 2002

Mike Hayden, Executive Director
WV Secondary Schools Activities Commission 2875 Staunton Turnpike
Parkersburg, West Virginia 26104-7219

Dear Mr. Hayden:

I am in receipt of a copy of your letter dated August 28, 2002 wherein you responded to an inquiry requesting an interpretation of West Virginia Board of Education [WVBE] Policy 2436.10. Please keep in mind that West Virginia Code 18-3-6 provides that the "state superintendent of schools shall give his interpretation of the meaning of any part of the school laws or the rules of the state board of education."

Ms. DeVault, Coordinator, Middle/Secondary Curriculum, Monongalia County Schools asked how the policy applies to a home-schooled student that enters the public school system. Eligibility for extracurricular activities is governed by WVBE Policy 2436.10 which states that "[t]he student's eligibility will be determined for each semester by his or her GPA the previous semester." See §3.1.d. However, the issue presented is when a student has not received any "grades" as a result of the home-schooling and does not yet have an established GPA.

It is a well-settled principle that a student coming from an elementary school and entering the sixth grade of a middle school or the seventh grade of a junior high/high school for the first time will be eligible even though a GPA has yet to be established. This student must have a "C" average at the end of the first semester to remain eligible. The same rule and reasoning should be applied to a home-schooled student entering public school for the first time. The home-schooled student will be eligible and must have a 2.0 GPA at the end of the first semester to remain eligible.

I trust this clarifies the issues presented.

Sincerely,

/s/

David Stewart
State Superintendent of Schools