As of June 9th, 2023, with the enactment of House Bill 2820, Hope Scholarship students, micro school and learning pod students are eligible to participate in interscholastic athletic events and extracurricular activities, subject to restrictions. Previously, only home instruction students had this right. The bill repealed the former requirement that the student be enrolled in at least one virtual instruction course per semester. Here is an excerpt from the bill.
House Bill 2820
(d) Notwithstanding any other provision of this section, or the commission's rules, the commission shall consider eligible for participation in interscholastic athletic events and other extracurricular activities of secondary schools a student who is receiving home instruction pursuant to §18-8-1(c) of this code, is a participant in the Hope Scholarship Program, pursuant to §18-8-1(m) of this code and as provided for in §18-31-1, et seq. of this code, or participates in a microschool or learning pod, pursuant to §18-8-1(n) of this code, and who:
(1) Has demonstrated satisfactory evidence of academic progress for each 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) Has not reached the age of 19 by August 1 of the current school year;
(3) Is an amateur who receives no compensation but participates solely for the educational, physical, mental and social benefits of the activity;
(4) Agrees to comply with all disciplinary rules of the West Virginia Secondary School Activities Commission and the county board in which the student lives; and
(5) 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 students who leave a 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.
Things to keep in mind:
Public school access includes participation in public school classes, sports, activities, etc.
States use a unique vocabulary in this area: “extracurricular,” “cocurricular,” “curricular,” “interscholastic,” “program,” “activity,” etc. Care should be taken to distinguish one from another. When a state defines a word, it is important.
While athletic association rules are not “law,” public schools are generally constrained to operate within them, or their teams could be disqualified. We therefore refer to association rules of particular importance in a number of entries.
We strive toward keeping this information 100% up to date in this rapidly changing area of the law. However, this post should not be considered authoritative because of the possibility of unobserved changes in association rules, statutes, regulations, or case decisions, and because of lag time between changes and the publication of updates.
Please note: The information on this page has been reviewed by an attorney, but it should not be taken as legal advice specific to your individual situation.