Some children in Taylor County are starting the year at a different school at the other end of the county. It's all because of a requirement set by the state. The state sets limits for the number of students allowed in a class.

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The requirement is different for each grade level. Even if there is one extra child in a class, they may have to leave for another school.

Even though the Smith family can see the flag at Flemington Elementary School from their front yard, Brian Smith can't go there for third grade. Instead, he's taking an hour long bus ride to get to Pruntytown Elementary School.

"He doesn't want to go. He loves this school. All his friends are there. He's just really upset. He doesn't understand why the are picking on him and making him move," said Brian’s mother, Rachel Smith.

It turns out Brian was the 26th student in a class only allowed to have 25 children. State Law limits class size to 20 students in Kindergarten and 25 in grades one through four.

"This is a very difficult issue for counties because often times it's one or two children that need to be transferred to comply with the law," said Taylor County Superintendent Jane Reynolds.

The school board tries to meet the law by first sending out-of-county students to other schools. After that, if there are still too many students, out-of-district students are sent to their home schools. If that's not enough, the students with the most recent enrollment dates are then transferred.

That's what happened in Brian's case. He enrolled at Flemington last year.

"It seems to me they're just picking on him because he was the last one enrolled. They should try to find someone closer to Pruntytown Elementary School who can transfer, so my son doesn't have to," said Smith.

Superintendents say their hands are tied when it comes to the transfers. If they don't follow the law, the schools could lose state funding.

"Every year since the law was passed, superintendents in West Virginia counties requested that the legislature remove the cap because it makes us difficult for us to operate in the state aid formula. We have not been successful in removing those caps," said Reynolds. The only exceptions allowed involve Kindergarten and fourth grade. Each of those grades can have three additional students in a classroom. If that happens, the county has to pay extra for the teacher.