CHARLESTON, WV (LOOTPRESS) – On Tuesday, the West Virginia State Senate Education Committee advanced a bill that would modify when a nonresident student’s school transfer may be denied.
House Bill 2596, introduced by Delegate Christopher Toney (R-Raleigh), would allow the denial of transfers to other schools by students who are suspended or expelled from a school for certain conduct,
The bill also amends the county board of educations’ policies and modifies the appeals process for transferring students.
According to the current language of the bill, a county board may permit any eligible elementary, middle, or high school resident student to apply for enrollment in any school with grade level capacity and existing programs and services currently outside any established attendance zone in which the student resides.
According to the bill, upon the written request of any parent or guardian, or person legally responsible for any resident student, the superintendent may grant a resident student’s transfer request from one school or program to another within the county so long as grade level capacity and the program and services exist at the time of the request.
Counties with a critical need shortage policy may further review the request to determine if appropriate staffing is available in the requested grade, program, service, or content area.
A superintendent may not transfer a resident student from one school to another within the county for reasons affecting the best interests of the schools without the consent of the student’s parent or legal guardian.
The bill also states that when making enrollment decisions, a county superintendent or county board may not distinguish between students based on residential or potential disability status. A county superintendent or county board may determine if appropriate staff, resources, services, and programs are in place to meet the disability needs of the student at the requested school.
Decisions made by the county board may be appealed to the state superintendent of schools, whose decision shall be final.
The bill states that the process for the enrollment application shall be “clearly” publicized to parents and the general public, including dates and timelines, and shall be made available on the board’s website.
The bill was swiftly advanced on a voice vote with the recommendation that it be reported to the full Senate with the recommendation that it do pass.