Interpretation's Date: February 8, 1991
by superintendent Henry Marockie
Section: IV. Students

February 8, 1991

Mr. Donald H. Knotts
Frankfort High School
Route 3, Box 169
Ridgeley, West Virginia 26753

Dear Mr. Knotts:

You have asked whether out-of-state school age children are entitled to enroll in public school in West Virginia if they come to our state for the purpose of attending its schools after having quit school or having been excluded/suspended/expelled from school out of state.

No. Please refer to Grand_Lodge_v._Board_of_Education, 90 W.Va. 8, 110 S.E.440, 48 A.L.R. 1092 (1922) and its more recent confirmation by State_ex rel_Jane_Doe _v._Kingery, 157 W.Va. 667, 203 S.E.2d 358 (1974).* For further information, you should read 68 American_Jurisprudence_2d "Schools" /219-226 and 78 Corpus_Juris _Secundum "Schools and School Districts" //445-451.

However, if these children move into West Virginia from out of state for some other reason than simply to attend school and live here, then they become bona fide residents of West Virginia and of the county where they live for school purposes; and therefore, they become entitled to attend public school here.

No federal case authorizing a child to attend public school in another state by moving into it for the purpose of attending its schools -- whether or not the child has lost the right to attend school in the other state -- has been found. I recommend that you ask a person who claims such an interest to give you proof.


* Cf. 51 Op. Atty. Gen. 168 (1965) and W.Va. Code 18-5-16. See also 53 Op. Atty. Gen. 352 (1969).

Mr. Donald H. Knotts
February 8, 1991
Page 2

The TEMPORARY EDUCATIONAL CUSTODIAL FINANCIAL RESPONSIBILITY AGREEMENT you have been using for these children appears to be worthwhile in any situation where a school child is living with an adult who is in actual but not legal control of them. Cf. W.Va. Code 18-8-2.

Hoping that I have been of service, I am,



Henry Marockie
State Superintendent of Schools

Enclosures (3)

cc: Mr. Charles B. Kalbaugh
Mineral County Schools

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