Thousands of families changing schools after West Virginia’s expansion of student transfer rights

Special needs spurred Samantha Ribeiro Matos, a mom in West Virginia, to enroll her 6- and 7-year-old sons in three schools within three years in search of adequate services.

In one instance, officials requested she transfer to the largest elementary school in Lewis County when her zoned school didn’t have the self-contained classroom one of her children needed.

“We felt like that was a good option as it was presented to us, but we also did not have a choice,” Matos told West Virginia Watch, noting the request happened three days before school began. 

During the 2023-24 school year, the state approved transfers for 7,650 public-school students and denied 483 requests, according to a West Virginia Department of Education report. 

“Over the last few years, state lawmakers have expanded students’ ability to transfer for education and sports, giving schools limited reasons to deny requests,” writes Amelia Ferrell Knisely for the Watch. 

‘Every kid deserves access to the best education possible’ 

Gov. Jim Justice signed the open enrollment policy into law in March 2023. As a result, county boards cannot charge tuition or require approval from the county for transfer applications. 

“West Virginia’s open enrollment legislation prevents districts from charging tuition for students to access public schools outside of their neighborhood and establishes a system of checks and balances, ensuring families have the freedom to make decisions about their child’s education,” said Craig Hulse, executive director of yes. every kid. at the time of the signing. 

“A family’s income or zip code shouldn’t matter when it comes to their child’s education. Every kid deserves access to the best education possible – and for too long, residential assignment has prevented this.” 

Transfers occur for many reasons, including special needs and childcare options. 

“A vast majority of it is because of the parents and where they’re working and what’s available with day care and things like that at the elementary level,” said Sonya White, deputy superintendent of the West Virginia Department of Education. 

Keith Thomas, Cabell County Schools’ director of health, wellness and student support services, agreed with White. 

“A lot of our transfers (occur because) we have parents who are teachers, and they want their kids to go to school with them,” he said. 

Cabell County had the highest rate of transfers statewide. In addition to childcare, parents often wanted their children in schools closer to their jobs, Thomas explained. 

“Not all schools have after-school programs and many of our parents work until five or six.” 

Most of the transfers occurred among elementary-aged students, with fewer high-school transfers. Many high-school students cited sports-related activities as the reason for transferring, especially after a 2023 law allowed student-athletes to change schools one time without losing a year of eligibility. 

‘For the future of the children’ 

Even with the expanded number of transfers, some school choice advocates argue counties are still denying transfer requests without legal grounds. 

Only five of the state’s 55 county school districts published open enrollment data online – a requirement under the 2023 law, said Jason Huffman, state director for Americans For Prosperity. 

Huffman also used the Freedom of Information Act to review county denials and found some of them happened for reasons outside the law’s requirements – such as parent conduct, attendance and academic performance. 

“I think particularly with things like absences or tardies, perhaps it is a case that the child is being bullied or the child is unhappy in their learning situation,” he said. “I don’t think that’s a viable reason to deny a transfer. It kind of disregards the individuality of the student.” 

Huffman’s findings led him to write to the state Legislature’s education committee, calling for the education department to remind counties to publish data on open enrollment and use appropriate reasons for denying transfers. 

“We want to make sure that the intent that lawmakers wanted to give to parents — the power of choice — is being followed to the full fruition of the law,” he said. “It’s for the future of the children in our state.”