WEST virginia legislature

2023 regular session

Introduced

Senate Bill 262

By Senators Weld, Rucker, Oliverio, Phillips, and Deeds

[Introduced January 17, 2023; referred
to the Committee on Education]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25e, relating to allowing students to transfer schools and retain his or her athletic eligibility at least one-time during a student’s four years of secondary school.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-25e. Athletic eligibility of transfer students.

(a) The West Virginia Secondary School Activities Commission shall modify its rule, prior to the 2023-2024 school year, to allow students to transfer schools and retain athletic eligibility one-time during a student’s four years of secondary school, inclusive of grades nine through 12. The West Virginia Secondary School Activities Commission may promulgate an emergency rule, if necessary, to modify its rule prior to the 2023-2024 school year.

(b) The State Board of Education, in its review and approval of the West Virginia Secondary School Activities Commission’s rule described in this section, shall ensure that the rule modification achieves the intent of this section to not require a student to undergo one year of athletic ineligibility if the student transfers secondary schools during or after the student’s ninth grade year.

(c) Nothing in this section is intended to limit or restrict a student transferring more than one time for the following reasons:

(1) A student transferring back to the student’s residential district and participating in athletics as currently permitted by the West Virginia Secondary School Activities Commission’s rules;

(2) The West Virginia Secondary School Activities Commission’s ability to make eligibility determinations on a case-by-case basis when warranted by a student’s circumstances in accordance with the West Virginia Secondary School Activities Commission’s rules; or

(3) For any other reason permitted under the rules of the West Virginia Secondary School Athletics Commission.

NOTE: The purpose of this bill is to modify the procedure for athletic eligibility of transfer students.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.