Background/Footnotes: According to West Virginia law, students attending persistently failing schools, as determined by the state, may transfer to another public school in the district.[1] Parents may request an interdistrict transfer and, if denied, may appeal to the State Superintendent of Schools. County boards of education are authorized to enter into agreements with one another, subject to approval by the West Virginia Board of Education, for the transfer and receipt of any and all funds determined to be fair when students elect to transfer.[2]

In 1997, House 2256 was introduced to provide a tax credit for parents who provide their children with home or private schooling. The bill died in committee. The following year, two tax credit bills were introduced. H. 2256 would have provided tax credits to parents of home-schooled or privately schooled children.[3] H. 4403 would have provided a tax credit of up to $1,000 for tuition at a private school. The legislature did not act on either bill.[4]

H. 2151 and H. 2824 were introduced in 1999 and 2000. H. 2151 would have provided a $500 tax credit per child to home-schooling parents and a $1,000 tax credit per child to parents paying private school tuition. The West Virginia Board of Education would have been prohibited from regulating the education of children whose parents received a tax credit. H. 2824 would have authorized a tax credit of 50 percent of the total amount spent on tuition, tutoring, computers, uniforms, or textbooks, up to $1,000. Both bills died in committee.

Similar legislation was introduced in 2001. H. 2750 would have provided parents a $500 tax credit for home-schooling expenses and a credit of $1,000 for private schooling. H. 2269 would have provided a credit of 50 percent of the total spent on education, up to $1,000. Both bills died in committee.[5]

Delegate Tim Armstead (R-32) reintroduced H. 2269 to provide a 50 percent tax credit for education expenses up to $1,000. John Overington (R-55) reintroduced H. 2750 to provide a tax credit to parents for both home and private school expenses. Both bills died in committee.[6]

Senate 591, which would have established charter schools, was introduced but died in committee. The bill would have authorized county school boards to approve charters for new schools and conversions from traditional public schools. There would have been no appeals process for rejected charter applications.[7]

In 2003, Delegate John Overington (R-55) introduced H. 2507, which would have provided a tax credit of up to $500 for home schooling and $1,000 for private schooling. The bill died in committee.[8]

On May 26, 2004, the Supreme Court of Appeals of West Virginia upheld a lower court decision to require the West Virginia State Board of Education to allow home-schooled students to participate in public school sports teams. The case centered on a Marion County home-schooler who wanted to play on his local middle school's wrestling team. Even though he had the support of the school and coach, the West Virginia Secondary School Activities Commission prohibited his participation. Kanawha County Judge Louis Bloom ruled on September 23, 2003, that the prohibition was a violation of the equal protection clause of the West Virginia constitution.

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