WEST virginia legislature
2019 regular session
House Bill 2805
By Delegates Espinosa, Ellington, Butler, Householder, Kessinger, Porterfield, Jennings, Worrell, Fast, C. Martin and Phillips
[Introduced February 1,
to the Committee on Education.]
A BILL to amend and reenact §18-5-15 of the Code of West Virginia, 1931, as amended, relating to persons to whom schools are open; prohibiting denial of enrollment in any curricular or extracurricular course, program or activity of any person to whom schools are open subject to certain conditions; and stating conditions.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-15. Ages of persons to whom schools are open; enrollment for less than full-time and for extracurricular participation; conditions; enrollment of suspended or expelled student.
(a) The public schools shall be open for the full
instructional term to all persons who have attained the entrance age as stated
section five, article two and section eighteen, article five, chapter
eighteen §18-5-44 and §18-8-1a of
this code. Provided, That A public school may not deny the enrollment in any
curricular or extracurricular course, program or activity of any person to whom
the schools are open who meets the student health, safety, conduct and residence
conditions established for any other student, subject to the following:
(1) Persons enrolled for less than full-time shall be included in the county’s net enrollment for the purposes of §18-9A-1 et seq. of this code on a full-time-equivalent basis in accordance with guidelines established by the department of education;
(2) Persons enrolled only for participation extracurricular activities shall be included in the county’s net enrollment for the purposes of §18-9A-1 et seq. of this code as one-tenth full-time-equivalent student;
(3) County boards shall provide methods for evaluation of the subject matter competency of persons enrolling who have previously been instructed through nonaccredited sources to determine: (i) Academic placement and course credits for competency attained for persons enrolling on a full-time basis; (ii) sufficient competency prerequisite for enrollment in course or courses for persons enrolling for less than full-time; and (iii) for persons enrolling for less than full-time to participate in extracurricular activities, academic performance at a level sufficient for eligibility when required of all other students; and
(4) Any student suspended or expelled from public or
private school shall only be permitted to enroll in public school upon the
approval of the superintendent of the county where the student seeks
however, That in making such decision, the
principal of the school in which the student may enroll shall be consulted by
the superintendent and the principal may make a recommendation to the
superintendent concerning the student's enrollment in his or her new school: Provided
further however, That if enrollment to public school is
denied by the superintendent, the student may petition the board of education
where the student seeks enrollment.
(b) Persons over the age of 21 may enter only those programs or classes authorized by the State Board of Education and deemed appropriate by the county board of education conducting any such program or class: Provided, That authorization for such programs or classes shall in no way serve to affect or eliminate programs or classes offered by county boards of education at the adult level for which fees are charged to support such programs or classes.
NOTE: The purpose of this bill is to prohibit the denial of enrollment in any curricular or extracurricular course, program or activity of any person to whom schools are open subject to certain conditions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.