BookPolicy Manual Section5000 Students TitleOPEN ENROLLMENT-NONRESIDENT STUDENTS Codepo5113 StatusActive AdoptedAugust 1, 2007 Last RevisedJuly 6, 2020



Nonresident students shall be permitted to enroll in a school or program of this District, provided each enrollment is in accordance with laws and regulations of the State concerning nonresident student enrollment and transfer, the provisions of this policy, and the administrative guidelines established to implement this policy. Transfers of nonresident students from one district to another does not require the approval of the district board in which the student resides.


Parents/Guardians of nonresident students must complete an application for nonresident enrollment. Transfer request for nonresident students into Marion County will be considered on a case by case basis throughout the year.


Enrollment policies are subject to the following criteria:


  1. The District may give enrollment preferences to:

    1. Siblings of students already enrolled through the open enrollment policy;

    2. Secondary students who have completed 10th grade and, due to family relocation, become nonresident students, but express the desire to remain in a specific school to complete their education;

    3. Students who are children, grandchildren, or legal wards of employees;

    4. Students whose legal residences, though geographically within another district, are more proximate to a school within the receiving district, whether calculated by miles or transportation time; and

    5. Students who reside in a portion of a district where topography, impassable roads, long bus rides, or other conditions prevent the practicable transportation of the student to a school within the district, and a school within a contiguous district is more easily accessible

  2. The Board may provide an adequate means of transportation to nonresident students when students have complied with the procedure for obtaining authorization to attend school outside their county of residence, subject to the following:

    1. The Board is not required to uniformly provide nonresident student transportation, and may consider whether a nonresident student meets the eligibility criteria for free or reduced-price lunch and milk established within the Richard B. Russell National School Lunch Act (42 U.S.C. 1758); and

    2. The Board shall provide transportation to and from the school of attendance, or to and from an agreed pickup point on a regular transportation route, or for the total miles traveled each day for the nonresident student to reach the school of enrollment if the nonresident student is a student with disabilities and has an individualized education program that specifies that transportation is necessary for fulfillment of the program.


For purposes of net enrollment:


  1. whenever a student is transferred on a full-time basis from one (1) District to another District pursuant to this policy, the district to which the student is transferred shall include such student in its net enrollment;


  2. whenever a student, after transferring to another district, chooses to return to a school of his/her residence after the second month of any school year, the following applies:

    1. The district of residence may issue an invoice to the county from which the student transferred for the amount, determined on a pro-rata basis, that the district of residence otherwise would have received under the State Basic Foundation Program.

    2. The district from which the student transferred shall reimburse the district of residence for the amount of the invoice.


A student may be denied enrollment due to class/school size and program restrictions.


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


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




  1. Class/School Size

    The restrictions on the number of students in a class/school due to State law, or financial or operating conditions and District policy.

  2. District Student

    A student who resides in this District.

  3. Nonresident Student

    Means a student who resides in the State of WV and who is enrolled in or is seeking enrollment in a district other than the district in which the student resides.


  4. Open Enrollment

    Means a policy adopted and implemented by a Board to allow nonresident students to enroll in any school within any school within the District. Open enrollment is distinct from mutual agreement of two (2) Boards regarding mass transfer of students as contemplated in WV Code 18-5-13(f)(1)(c).


  5. Program

    Any one (1) of the specific course offerings of this District.

  6. Program Size

    The restrictions on a number of students in a program due to WV law and circumstances unique to that specific program, and/or financial or operating conditions of the District.


The Superintendent shall prepare guidelines for the implementation of this policy in ways that comply with relevant State laws and guidelines and establish procedures that provide for the following:


  1. Compliance with Federal and State discrimination laws.


  2. Students who have been suspended or expelled from a public or private school in West Virginia or another state, currently residing within the District, may not be denied enrollment in the District school system unless determined to be a “dangerous student” under the procedures set forth in WV Code 18A-5-1a. District superintendents may, in their discretion, determine the appropriate educational placement, including alternative education services, for these students (State Superintendent of Schools’ Interpretation of January 26, 2007).


  3. Application procedures including the criteria by which applications from nonresident students shall be reviewed and prioritized. District students and any nonresident students previously enrolled under the provisions of this policy shall be given priority.


  4. Communications with applicants and their parents concerning this policy and the District guidelines, including the timelines for application and notification of acceptance or rejection.


  5. Athletic eligibility complies with State regulations and the provisions set forth by the West Virginia Secondary Schools Activities Commission (WVSSAC).


  6. Any transportation provided by the District to the nonresident student takes place within established bus routes and bus stops within the District.


  7. Set District capacity limits by grade level, school building, and educational program. The Board reserves the right to modify the conditions under which nonresident enrollment would continue for any particular program, classroom, or school.


The Board reserves the right to modify the conditions under which nonresident enrollment would continue for any particular program, classroom, or school.


Revised 1/4/10

Revised 6/18/12


© Neola 2020

LegalWest Virginia Board of Education Policy 7212WV Code 18-5-16 and 18-5-16a

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