January 8, 1993
Mr. Everett Conn, Superintendent
Mingo County Schools
Williamson, West Virginia 25661-3296
Dear Mr. Conn:
You have asked:
1. "If a student, whose parents are residing in another state, moves into a West Virginia School district to reside with an aunt, should that student be allowed to enroll in a public school?"
Yes. Please refer to Grand_Lodge_(I.O.O.F.)_v._Bd._of_Ed., 90 W. Va. 8, 100 S.E. 440, 48 A.L.R. 1092 (1922), and State_ex_rel._Jane_Doe_v._Kingery, 157 W. Va. 667 203 S.E.2d 358 (1974).*
2. "If a student has moved from Houston to live with an aunt, is the county board of education obligated to allow the student to enroll in a public school, according to White_ex._rel._White_v._Linkinogger, 334 S.E.2d 633 (W. Va. 1986)?"
Yes, and, also, according to the Grand_Lodge and Kingery cases cited in answer to your first question.
Hoping that I have been of service, I am
State Superintendent of Schools
*Annotations for these cases can be found at W. Va. Code 18-5-15
and 16 in School_Laws_of_West_Virginia,_1991. See, also, 51 Op.
Att'y Gen. 168 (1965).