W. Va. Code » §18-5-15. Ages of persons to whom schools are open; enrollment of suspended or expelled student.
West Virginia Code

W. Va. Code § 18-5-15 (2026)

Ages of persons to whom schools are open; enrollment of suspended or expelled student

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ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-15. Ages of persons to whom schools are open; enrollment of suspended or expelled student.

(a) The public schools shall be open for the full instructional term to all persons who have attained the entrance age as stated in section five, article two and section eighteen, article five, chapter eighteen of this code: Provided, That any student suspended or expelled from public or private school shall only be permitted to enroll in public school upon the approval of the superintendent of the county where the student seeks enrollment: Provided, however, That in making such decision, the principal of the school in which the student may enroll shall be consulted by the superintendent and the principal may make a recommendation to the superintendent concerning the student's enrollment in his or her new school: Provided further, That if enrollment to public school is denied by the superintendent, the student may petition the board of Education where the student seeks enrollment.

(b) Persons over the age of twenty-one may enter only those programs or classes authorized by the state Board of Education and deemed appropriate by the county board of education conducting any such program or class: Provided, That authorization for such programs or classes shall in no way serve to affect or eliminate programs or classes offered by county boards of education at the adult level for which fees are charged to support such programs or classes.

Notes of Decisions
Cited in 11 cases, 1977–1999 · leading case: Carvey v. West Virginia State Bd. of Educ., 527 S.E.2d 831 (W. Va. 1999).
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Carvey v. West Virginia State Bd. of Educ., 527 S.E.2d 831 (W. Va. 1999). · cites it 7× “1999), the Center is charged with the payment of stipends: [A]ny person whose attendance [at the Principals Academy] occurs outside his or her employment term, as defined in section fifteen [§ 18-5-15], article five, chapter eighteen of this code, may be entitled to a stipend to…”
Bailey v. Truby, 321 S.E.2d 302 (W. Va. 1984). · cites it 4× “) which, at that time, provided "The school shall be open to youths between the ages of six and twenty-one" and a rule promulgated by the State Board of Education which provided that "the school entrance age .”
Lincoln Cnty. Bd. of Educ. v. Adkins, 424 S.E.2d 775 (W. Va. 1992). · cites it 2× “We also note that W.Va.Code § 18-5-15(a) describes the school term as being comprised of an employment term for teachers which includes an instructional term for students.”
Kincell v. Superintendent of Marion Cnty. Schs., 499 S.E.2d 862 (W. Va. 1997). · cites it 4× “2 See W.Va.Code § 18-5-15 (1994). In complying with the statutory requirements regarding instructional days, the Marion County Superintendent found it necessary to change April *642 17, 1995, from its original designation as a continuing education (“CE”) day to an instructional…”
Fox v. Bd. of Educ., 236 S.E.2d 243 (W. Va. 1977). “Fox argues that parent-teacher conferences are optional even though “[i]nstructors are encouraged to attend, are paid to attend, and must make up absences” in order to ensure that they fulfill the employment schedule mandated by W. Va. Code, 18-5-15. The question is not raised,…”
Fox v. Bd. of Ed. of Doddridge Cty., 236 S.E.2d 243 (W. Va. 1977). “NOTES [*] Fox argues that parent-teacher conferences are optional even though "[i]nstructors are encouraged to attend, are paid to attend, and must make up absences" in order to ensure that they fulfill the employment schedule mandated by W.Va.Code, 18-5-15. The question is not…”
White Ex Rel. White v. Linkinoggor, 344 S.E.2d 633 (W. Va. 1986). · cites it 2× “Provided, that persons over the age of twenty-one may enter only those programs or classes authorized_” West Virginia Code § 18-5-15 (1984 Replacement Vol.); see also West Virginia Code §§ 18-20-1 & 18-20-la (1984 Replacement Vol.”
Meadows ex rel. Prof'l Employees of the West Virginia Educ. Ass'n v. Hey, 399 S.E.2d 657 (W. Va. 1990). “, provides the county with the authority to control and manage their individual school districts. West Virginia Code § 18A-2-2 states that all teachers will execute a contract with their county boards of education, which provides the salaries, in the form prescribed by the state…”
State Ex Rel. Estes v. Egnor, 443 S.E.2d 193 (W. Va. 1994). · cites it 3× “Code, 18-8-8, and shall not be readmitted to school under W.Va.Code, 18-5-15(c), without the approval of the county superintendent.”
Meadows on Behalf of Prof. Emp. v. Hey, 399 S.E.2d 657 (W. Va. 1990). “West Virginia Code § 18-5-15(a) provides the county boards with the power to provide the employment term for teachers within the legislatively prescribed limits.”
Hanak v. Taylor, 823 F. Supp. 392 (N.D.W. Va. 1993). “West Virginia Code § 18-5-15(a) provides the county boards with the power to provide the employment term for teachers within the legislatively prescribed limits.”
W. Va. Code § 18-5-15(a): 5 cases
Carvey v. West Virginia State Bd. of Educ., 527 S.E.2d 831 (W. Va. 1999). “1999), the Center is charged with the payment of stipends: [A]ny person whose attendance [at the Principals Academy] occurs outside his or her employment term, as defined in section fifteen [§ 18-5-15], article five, chapter eighteen of this code, may be entitled to a stipend to…”
Lincoln Cnty. Bd. of Educ. v. Adkins, 424 S.E.2d 775 (W. Va. 1992). “We also note that W.Va.Code § 18-5-15(a) describes the school term as being comprised of an employment term for teachers which includes an instructional term for students.”
Meadows ex rel. Prof'l Employees of the West Virginia Educ. Ass'n v. Hey, 399 S.E.2d 657 (W. Va. 1990). “, provides the county with the authority to control and manage their individual school districts. West Virginia Code § 18A-2-2 states that all teachers will execute a contract with their county boards of education, which provides the salaries, in the form prescribed by the state…”
Meadows on Behalf of Prof. Emp. v. Hey, 399 S.E.2d 657 (W. Va. 1990). “West Virginia Code § 18-5-15(a) provides the county boards with the power to provide the employment term for teachers within the legislatively prescribed limits.”
Hanak v. Taylor, 823 F. Supp. 392 (N.D.W. Va. 1993). “West Virginia Code § 18-5-15(a) provides the county boards with the power to provide the employment term for teachers within the legislatively prescribed limits.”
W. Va. Code § 18-5-15(c): 1 case
State Ex Rel. Estes v. Egnor, 443 S.E.2d 193 (W. Va. 1994). “Code, 18-8-8, and shall not be readmitted to school under W.Va.Code, 18-5-15(c), without the approval of the county superintendent.”
W. Va. Code § 18-5-15(e): 1 case
State Ex Rel. Estes v. Egnor, 443 S.E.2d 193 (W. Va. 1994). “Code, 18-8-8, and shall not be readmitted to school under W.Va.Code, 18-5-15(c), without the approval of the county superintendent.”
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