H. B. 2597
(By Delegates Sprouse, Hunt, Nesbitt and Seacrist)
[Introduced February 21, 1995; referred to the
Committee on Education.]
A BILL to amend and reenact section sixteen-b, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to deleting
requirement that the provisions of the section expire.
Be it enacted by the Legislature of West Virginia:
That section sixteen-b, article five, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-16b. Mandatory transfer of pupils from one district to
another district upon parental request.
Notwithstanding the provisions of section sixteen-a of this
article, upon the written request of the custodial parent or
parents or the guardian or person legally responsible for a pupil
within a school district who resides (1) within one mile of any
adjoining district in which the net enrollment exceeds twenty-
five thousand pupils, (2) more than ten miles, via travel routes upon state roads or highways used by boards of education for the
transportation of pupils, from the nearest school facility which
said pupil has the right to attend in the home district of such
pupil, and (3) closer in proximity, via travel routes upon state
roads, or highways used by boards of education for the
transportation of pupils, to a school facility in which said
pupil is qualified academically to attend in the said adjoining
district than the school facility in the home district, the board
of education of that school district shall transfer such pupil to
the adjoining school district and the transferee school district
shall accept and enroll the transferring pupil and include such
pupil in its net enrollment in accordance with article nine-a of
Whenever a pupil is so transferred from one school district
to another district, the board of education of the school
district in which the pupil is a bona fide resident shall pay to
the board of education of the school district to which the pupil
is transferred a tuition that is agreed upon by both such boards.
Tuition for each pupil, when the transferor board of education
and the transferee board of education cannot agree upon a tuition
fee, shall be equal to the difference between the state aid per
pupil received by the county to which the pupil is transferred
and the county cost per pupil in the county to which said pupil
The provisions of this section shall expire on the first day
of January, one thousand nine hundred ninety-five.
NOTE: The purpose of this bill is to delete the last
paragraph of the section which requires that the provisions of
the section expire on the first day of January, 1995.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.