TRANSFER
Part B - Transfer
7.14 A student becomes immediately eligible, providing
he is otherwise eligible, when parents make a bona fide change of residence to anew school
zone. Determination of a bona fide change of residence depends upon the facts of each
case. In order for a change of residence to be considered bona fide at least the following
facts must exist:
a. The original residence must be abandoned
as a residence; that is sold, rented, or disposed of as a residence and must not be used
as a residence by any member of the immediate family;
b. The entire family must make the change
and take with them the household goods and furniture appropriate to the circumstances;
c. The change must be made with the intent
that it is permanent;
d. Under no circumstance can a single
family unit have two or more residences for eligibility purpose;
e. When parents are not legally separated
and when they are residing indifferent places, the residence shall be considered the
residence formerly used by both parents;
f. Nine months at the new residence will be
required to make it a bona fide move. If a family moves Into a new school zone and remains
there for less than nine months, the move will not be considered bona fide and the
family's child who is enrolled and participating in athletics in the new school zone
becomes ineligible there the day the family leaves the new school zone;
g. Under no circumstances can a residence
change be used or manipulated for the purpose of gaining athletic eligibility.
7.15 If a student transfers during the school term from
a secondary school in one zone to a secondary school in another zone, said student shall
be ineligible for a period of 365 calendar days unless the parents become residents of the
district to which the student transfers. Students transferring out of attendance zone
shall immediately forfeit eligibility in their home zone.
7.16 Students who transfer during the school year to or
from a member school shall be ineligible for the remainder of that school year unless the
parents move from one public school zone to another public school zone in conjunction with
transfer of schools unless exempted by Rule 127-2-7.21. Students may, during this bona
fide change in residence, transfer to either a member public or a member non-public school
without penalty. However, if the transfer is from a non-member private school to a public
school in the zone where the student’s parents reside, a student is eligible
providing: (1) the student is enrolling in a member school for the first time and (2) the
principals of both private and public schools involved concur that undue influence is not
involved with the transfer.
7.17 A student may be transferred from one school zone
to another zone within the same county by a county Board of Education and maintain
eligibility. The transfer must be initiated by County Board of Education personnel to
fulfill certain special education programs(s) not available in the school zone from which
the student is transferred. Upon the completion of the special program, the student must
return to the school zone of his residence.
7.18 The Commission does not recognize emancipated
status as relates to transfer except as might occur in marriage and relocation to another
school zone.
7.19 The Board of Appeals is authorized to grant
exceptions to the Residence and Transfer Rule when it feels the rule fails to accomplish
the purpose for which it is intended and when the rule works extreme and undue hardship
upon the student.
7.20 Notwithstanding any other provisions of WVSSAC
rules and regulations, if a student transfers for athletic reasons, he/she will be
ineligible for 365 days from the date of enrollment. A transfer for athletic reasons is
defined as, but not limited to:
(a) Seeking a superior a ' athletic team;
(b Seeking a team consistent with the student's ability;
(c) Seeking relief from conflict with the philosophy or
action of an administrator, teacher or coach relating to sports;
(d) Seeking a means to nullify punitive action by the
previous school.
7.21 If a student is released
and accepted by formal actions of County Boards of Education or similar governing bodies
of a non-public school which have verified that such transfer is not for athletic
purposes, said student will be granted immediate eligibility provided all other rules are
met. The transfer must occur at the beginning of the school year with the student enrolled
on or before the eleventh instructional day of the beginning of the school year and
provided that said student is residing with his/her parents. Notwithstanding any
provisions, once that team has participated in a scrimmage or contest, the student has
established eligibility at that school for the remainder of that school year.
7.22 The eligibility of a student whose parents
are divorced is determined by the following:
a. If there has been a divorce in a family
and sole custody has been awarded by the court granting the divorce to one of the parents,
the athletic eligibility of the student will be established at the school that serves the
area where that parent resides.
b. If joint custody has been awarded, the
student will be eligible in the zone where either parent resides. After establishing
initial residency with one parent, all subsequent transfers will require a period of
Ineligibility for 365 days.
c. If it becomes necessary at a later date
for the student to reside with the other parent, the move will be accepted as a bona fide
move if the court changes the custody to this parent. This type of move will be accepted
for Immediate athletic eligibility purposes only one time. Thereafter, If a student
subsequently decides to return and reside with the first parent in a different school
zone, the student will be Ineligible for 365 days. |
