TITLE 126

INTERPRETIVE RULE

BOARD OF EDUCATION



SERIES 189

INTERCOUNTY STUDENT TRANSFER APPEAL

(Policy 7212)





126-189-1. General.



1.1. Scope. --



1.2. Authority. -- W.Va. Constitution, Article XII, Section 2; W.Va. Code 18-2-5, 18-3-3, 18-3-4, 18-3-10 and 18-5-13.



1.3. Filing Date. -- January 11, 2000



1.4. Effective Date. -- February 10, 2000



126-189-2. Application.



2.1. This legislative rule applies to every county board of education and to every student attending public school within West Virginia.



126-189-3. Rules.



3.1. Any student whose application for transfer from one county to another has been denied by either the sending or receiving county may file an appeal with the State Superintendent of Schools, who shall have the authority to require the county board to approve the transfer.



3.2. The State Superintendent must receive the appeal within thirty (30) days of the county board of education denial of the transfer request.



3.3. Hearings on requests for waivers will be generally conducted in conformity with the procedures set forth in State Board of Education Policy 1340.



3.4. The parents of the student must demonstrate to the satisfaction of the State Superintendent that the proposed transfer is based upon sound educational grounds and is in the best interests of the student.





3.5. The State Superintendent shall issue a decision regarding a transfer request within thirty (30) days following the hearing, except that for good cause shown the Superintendent may extend the deadline.



3.6. A decision issued by the State Superintendent shall be final.



3.7. Any transfer approved by the State Superintendent shall remain in effect until and unless the parents make proper application to both the sending and receiving county boards of education to revoke the transfer prior to January 1 for the following school year.



3.8. A county board of education is not responsible for transportation costs for students who attend school in a county other than that of their residence, even though the county board has approved the attendance in another county, unless the county board itself has initiated a plan to have the students attend school in a county other than their residence. In an instance where the plan has been initiated by one or more county boards of education, the sending and receiving counties, where both have agreed to the transfer, must determine the method of, and provide coverage for the costs of, transportation to the other county.



3.9. County school buses may provide transportation to students across county boundaries and may pick up students in one county for attendance in the schools of another county.