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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38298
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Do you know if its against the law to live in 1 state and

Resolved Question:

Do you know if it's against the law to live in 1 state and go to school in another?
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
What type of school are you referring to?
Please explain the circumstances.
Customer: replied 1 year ago.

My daughter who is 16 lived in 1 state and went to school online in another state.

Expert:  Dave Kennett replied 1 year ago.
I understand but I need to know why she did this and why you would think it is against the law. Did the school that she attended know where she lived? I just need to know some facts other than that she went to school in another state. It is not against the law per se to go to an out of state school. Many kids go away to boarding or private schools or live in cities that are on state lines and have one school serving both sides of the line. So I have no idea what situation your daughter may have been in to have gone to an out of state school. Just going to school in another state is not against the law unless the student lies about where they live or the school is in the wrong district etc. If you want to explain I will be happy to provide additional information.
Customer: replied 1 year ago.

She was going to an online school in South Carolina. We moved to West Virginia, yet we kept going back and forth between the 2 states, and she kept going to school in S.C.

Expert:  Dave Kennett replied 1 year ago.
I know of no law that would prohibit her from attending an on line school from anyplace in the country so long as it was not a violation of the school's contract. If you have not been told that she was in violation of a contract then I know of nothing that would be illegal.
Customer: replied 1 year ago.

I just need to know if it's a violation of the board of education in WV?

Expert:  Dave Kennett replied 1 year ago.
I will have to opt out as I have no access to the WV Board of Education rules or by laws. I will open your question to the other experts to see if anyone has some knowledge of the rules of WV Board of Education.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your patience. A different contributor here.

I believe I found the statute that you were seeking. Under West Virginia guidelines, for students who travel between states, that arrangement is permitted if both school districts agree. Here is the code:

§18-5-16. Student transfers; legislative findings; appeals; calculating net enrollment; fees for transfer.
...
4

(d) Transfers between states. -- Transfer of students from this state to another state shall be upon such terms as shall be mutually agreed upon by the board of the transferring county and the authorities of the school to which the transfer is made.
...

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38298
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Well I guess I am in trouble then because the board of education in WV didn't know we were traveling back and forth. What should I do?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

At this point you may want to reach out to both school districts directly, explain the situation, and request a waiver. Explain that as the new school year has not yet started, you can wait for their decision but point out that this appears to be in the child's best interest as he is learning and is now used to the curriculum which can as easily be obtained in one state and in the new state as well.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38298
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I think it's too late because the board of education sent CPS to my WV address wanting to speak with my daughter

Expert:  Dimitry K., Esq. replied 1 year ago.

It may well be too late, but then you would need to obtain transcripts and show that your child was still lawfully enrolled elsewhere. You may still want to reach out to the district superintendent and discuss it with him before you speak with CPS.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38298
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you

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