West Virginia Code of State Rules
Agency 127 - Secondary School Activities Commission
Title 127 - LEGISLATIVE RULE WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES COMMISSION
Series 127-02 - Athletics, Provisions Governing Eligibility
Section 127-2-7 - Residence-Transfer

Universal Citation: 127 WV Code of State Rules 127-2-7

Current through Register Vol. XLI, No. 38, September 20, 2024

7.1. Part A - Residence - This residence rule applies to all students enrolled in grades 6-12 in all member schools.

7.1.a. A student shall be eligible in the school located in the attendance zone in which the student's parents reside. Public secondary school attendance zones shall be established by official action by each county board of education. The attendance zones of a private/parochial member school shall be identical with the attendance zone of the public school in which the private/parochial member school is located. In the event of overlapping attendance zones, a student shall be eligible at the school in which the student first chooses to enroll upon entering the 9th grade.

7.1.b. When a town or city is located in two counties and only one public secondary school is located in the town or city, students living in the town or city may attend this secondary school if mutually agreed upon by the two county boards of education and approved by the Board of Directors. A student shall be eligible at the school in which the student first chooses to enroll upon entering 9th grade.

7.1.c. A student who is in the care of the West Virginia Department of Health and Human Resources (WVDHHR) shall be eligible to participate in interscholastic athletics as a member of the athletic teams of the secondary school in the zone in which the WVDHHR places the student in a home, provided the student is otherwise eligible.

7.1.d. A student entering a school as an "unaccompanied youth" under the conditions of the federal McKinney-Vento Act may be granted eligibility for interscholastic competition by the Board of Directors in accordance with §127-2-1.

7.1.e. A student may be eligible outside the specified zone of attendance if the student has been in attendance in that zone the immediately preceding year (365 days). There can be no change of residence involving change of attendance zone during the immediately preceding year (365 days).

7.1.f. A student whose parents have resided in the school zone for a minimum of one academic year, during which the student has been in attendance for a minimum of one academic year, and whose parents make a bona fide change of residence to a new school zone during the academic year may:
7.1.f.1. Retain eligibility as long as the student retains continuous enrollment and attendance, or;

7.1.f.2. Transfer at time of change of residence to the school in the attendance zone in which the parents are now residing and be eligible in that school, or;

7.1.f.3. Transfer at any time prior to the start of the next academic year to the school in the attendance zone in which the student's parents are residing and be eligible for interscholastic activities at the receiving school.

7.1.f.4. A student who has started participation in a sport, which would include practice or contest, that the student was participating in at the former school, may not participate in that sport for that sport season at the WVSSAC member school to which they transferred.

7.1.g. A student whose parents have resided in the school zone for less than one academic year, during which the student has been in attendance for less than one academic year, and whose parents make a bona fide change of residence to a new school zone during the school term may:
7.1.g.1. Retain eligibility for the balance of the academic year, provided the student retains continuous enrollment and attendance; or

7.1.g.2. Transfer at time of change of residence to the school in the attendance zone in which the parents are now residing and be eligible in that school; or

7.1.g.3. If a student chooses to remain enrolled at the school outside the attendance zone in which the student's parents reside at the conclusion of the academic year the student will be ineligible for the next academic year.

7.1.h. Foreign exchange students, attending a member school under the auspices of a Council on Standards for International Educational Travel (CSIET) student exchange program, shall be considered eligible regarding residence for a maximum period of one calendar year. A foreign exchange student may not be a graduate of the secondary school of the home country and must maintain eligibility in a member school. A foreign exchange program must assign students to schools by a method which ensures that no student, school, or other interested party may influence the assignment for athletic purposes.

7.1.i. A student returning from an approved foreign exchange program may resume interscholastic competition in the member school in which the student was enrolled at the point of interruption, provided the student does not fulfill graduation requirements while participating in the exchange program and provided the student meets all requirements relative to age and semesters of eligibility.

7.1.j. Any international student enrolling in a member school who does not meet the criteria of §127-2-7.1.h shall only be eligible to participate at the junior varsity level in any sport for the duration of the time the student is enrolled.

7.2. Part B - Transfer.

7.2.a. In addition to those transfers permitted by any other rule, a student shall be eligible for a one-time transfer during the grades 9-12 and shall retain their immediate eligibility following the transfer. This also applies to homeschool students, Hope Scholars, micro school students, learning pod students, and charter public school students. If the transfer occurs during a season in which the student has participated in any capacity within a WVSSAC established sports season (including, but not limited to summer participation) as set forth and published by the WVSSAC, at the previous school, the student will be eligible for all sports except for that sport. Any transfer made outside the scope of this rule shall have the ability to file for a waiver with the WVSSAC Board of Directors as permitted by this rule.
7.2.a.1. Any additional transfers during the academic year from one secondary school to another secondary school, shall cause the student to be ineligible for 365 days from date of enrollment, absent a bona fide change of residence. Students who are ineligible under this rule may practice during the period of ineligibility, given they meet all other factors of eligibility outlined in Policy 2436.10, Section 4. Eligibility. Determination of a bona fide change of residence depends upon the facts of each case and is defined as, but not limited to:

7.2.a.2. The original residence must be abandoned as a residence; in that the original residence is sold, rented, or disposed of as a residence, and must not be used as a residence by the immediate family;

7.2.a.3. The change is being made with the intent that the move is permanent;

7.2.a.4. The entire family must make the change;

7.2.a.5. Documentation of connection of utilities to the residence (e.g., power, water, waste, sewer);

7.2.a.6. Change of voter's registration, driver's license, mailing address, etc.;

7.2.a.7. If a student returns to a previously abandoned residence, the student shall be ineligible for 365 days from the date of enrollment.

7.2.b. If the transfer is from a home school or non-member school to a member 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,

(2) the principals of both the non-member and member schools involved concur that undue influence is not involved with the transfer, and

(3) meet all other eligibility rules that apply. If a student leaves a public or private member school at the end of the academic year and becomes a homeschooled student for the first time, the student must provide evidence of a 2.0 GPA from the second semester from the public or private member school in order to be eligible for extracurricular activities the next year. For each additional year, the student would follow provisions outlined in §127-2-3.11. A student who leaves a public or private member school anytime during the academic year to become a homeschooled student will be ineligible for extracurricular activities for the remainder of the semester. To gain eligibility, the student must provide evidence of satisfactory progress as defined by an average stanine of 4 or higher on a nationally normed assessment.

7.2.c. A student may be transferred from one attendance 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 program(s) not available in the attendance zone from which the student is transferred. Upon the completion of the special program, the student must return to the attendance zone of the student's residence.

7.2.d. For the purpose of athletic eligibility, the Commission does not recognize emancipated minor status as it relates to transfer.

7.2.e. A student transitioning from a feeder middle school to its assigned high school, as determined by the county board of education or the school's governing body, would not constitute a transfer.

7.2.f. If a member middle school student is released and accepted by formal actions of county board of education or governing body of a private/parochial school, the student will be granted immediate eligibility provided all other rules are met. The transfer must occur at the beginning of the academic year with the student enrolled on or before the eleventh instructional day of the beginning of the academic year and provided that the student is residing with the parents. This also applies to homeschool students, Hope Scholars, micro school students, learning pod students, and charter public school students. If the transfer occurs during a season in which the student has participated in any capacity within a WVSSAC established sports season (including, but not limited to summer participation) as set forth and published by the WVSSAC, the student will be eligible for all sports except for that sport.

7.2.g. The eligibility of a student whose parents are divorced or legally separated is determined by court decree establishing residency with one parent.

7.2.h. After establishing initial residency with one parent, all subsequent transfers will follow §127-2-7.2.a unless a change of residency is decreed by the court.

7.2.i. Any homeschooled student participating in interscholastic athletics pursuant to W. Va. Code §18-2-25(d) who leaves a member school during the school year is subject to the same rules/protocols that apply to non-homeschooled student transfers.

7.2.j. An out of state student in grades 6-12 who transfers to any WVSSAC member school is not eligible for participation in extracurricular activities unless the student meets all criteria as set forth in §127-2-7.2.a.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.