On March 25, 2020, Governor Jim Justice signed into law House Bill 4925, which will take effect June 2, 2020.

HB 4925 (W. Va. Code 18-2-25) provides that any student receiving home instruction pursuant to W. Va. Code 18-8-1(c), for at least one year proceeding the year proposing to be eligible, shall be eligible for participation in interscholastic athletic events and other extracurricular activities of public secondary schools serving the attendance zone in which the student lives.

According to the new law, subject to the following, the home school student is eligible if the student:

(1) Has demonstrated satisfactory evidence of academic progress for one year in compliance with the provisions of that subsection, provided that the student’s average test results are within or above the fourth stanine in all subject areas;

(2) Is enrolled in at least one virtual instructional course per semester, consistent with the applicable virtual instruction policy of the county board in which the home-schooled student lives and the State Board;

(3) Has not reached the age of 19 by August 1 of the current school year;

(4) Is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity;

(5) Agrees to comply with all disciplinary rules of the West Virginia Secondary School Activities Commission and the county board in which the home-schooled student lives; and

(6) Agrees to obey all rules of the West Virginia Secondary School Activities Commission governing awards, all-star games, parental consents, physical examinations, and vaccinations applicable to all high school athletes.

Eligibility is limited to participation in interscholastic athletic events and other extracurricular activities at the public secondary school serving the attendance zone in which the student lives, provided that home-schooled students who leave a member school during the school year are subject to the same transfer protocols that apply to member-to-member transfers. Reasonable fees may be charged to the student to cover the costs of participation in interscholastic athletic events and other extracurricular activities.

The West Virginia Secondary School Activities Commission will be promulgating rules as it relates to home school student eligibility in accordance with the new eligibility provisions herein.

Should you have any questions on this issue or others, please contact a member of Dinsmore & Shohl's Education practice group.