Grant County School
Bylaws & Policies
 

5200 - ATTENDANCE

RATIONAL

The Grant County Board of Education recognizes that a direct relationship exists between students' daily school attendance, academic performance, graduation, and good work habits. Daily attendance is necessary for students to meet their schools' academic program standards as each day's learning builds on the work previously completed. While students and parents/guardians have the ultimate responsibility for daily school attendance, the laws of West Virginia require school administrators to enforce compulsory school attendance. In accordance with SB Policy 2320, each Grant County School will attain the minimum attendance rate required by policy.

POLICY DEVELOPMENT

To insure input into this policy a review committee consisting of County Attendance Director, five (5) principals, one (1) assistant principal, two (2) classroom teachers (one elementary, one secondary), one (1) counselor, two (2) parents, and two (2) community leaders will hold an annual review. Each year the committee will solicit comments from school leaders on the success of the current policies. Each revision will be submitted to the West Virginia Department of Education for approval and to the Grant County Board for final approval.

DEFINITIONS

 A.Absence -- Not physically being present in the school facility for any reason.

 B.Allowable Deductions for Schools -- Absences that result from school-approved curricular/co-curricular activities; failure of the bus to run/hazardous conditions, excused student absences; students not in attendance due to disciplinary measures; and absent students for whom the Attendance Director has pursued judicial remedies to compel attendance (filed a criminal complaint or juvenile petition) due to provisions in W. Va. Code 18-8-4.

 C.Attendance -- For statistical purposes, attendance will be reported and aggregated to the nearest half-day according to the definitions below:

  1.Full-day attendance is being present at least seventy-four percent (74%) of the school day.

  2.Half-day attendance is being present at least fifty percent (50%) of the school day.

 D.Attendance Rate -- The number of days present divided by the number of days of membership, multiplied by one hundred, equals attendance rate for students on the attendance registers in classes K-12.

 E. Dropout -- A dropout is an individual who:

  1.was enrolled in the school at some time during the previous school year and was not enrolled on October 1st of the current school year; or

  2.was not enrolled on October 1st of the previous year although expected to be in membership (i.e. was not reported as a dropout the year before); and

  3.has not graduated from high school, obtained a GED diploma, or completed a state or district-approved education program; and

  4.does not meet any of the following exclusionary conditions:

   a.transfer to another public school district, private school, registered home school, or state or district- approved education program;

   b.temporary school recognized absence due to suspension or illness, or

   c.death.

 F.Dropout Date -- For students' ages sixteen (16) or older, the dropout date is defined as the school day after the student's last day of attendance.

 G.Enrollment -- A student is officially enrolled when one (1) of the following conditions occur:

  1.student was enrolled the previous year

  2.student appears at school to enroll with or without a parent/guardian; or

  3.student and/or parent/guardian appears at school to enroll with or without records.

 H.Enrollment Count -- A status count that reports the number of students on the attendance register as required by the West Virginia Department of Education.

 I.Excused Student Absences -- Absences that result from school-approved curricular/co-curricular activities; failure of the bus to run/hazardous conditions, and other County Board approved excused absences.

 J.Homeless Children and Youths -- as defined in Subtitle B of the title VII of McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) means individuals who lack a fixed, regular and adequate nighttime residence and includes:

  1.children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

  2.children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

  3.children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train station, or similar settings; and

  4.migratory children who qualify as homeless because the children or youth are living in circumstances as described in the above descriptions.

 K.Membership Days -- The days present plus the days absent.

 L.School of Origin -- As defined in Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.

 M.Transfer -- A process by which a student ends enrollment or attendance in one (1) location and begins enrollment or attendance in a second location (e.g., within a county, between counties, or out of state). This can be evidenced through a transcript request or other documentation that the student is continuing elementary or secondary education.

RESPONSIBILITY

The Grant County Board shall:

 A.employ a certified county director of school attendance as required by W. Va. Code 18-8-3;

 B.support and require the County Attendance Director to implement and execute the duties as defined in W. Va. 18-8-4:

  1.The County Attendance Director shall diligently promote regular school attendance. S/He shall ascertain reasons for absences from school of students of compulsory school age and students who remain enrolled beyond the sixteenth (16th) birthday.
   Compulsory School Attendance: Pursuant to the State statutes, compulsory school attendance shall begin with the school year in which the child's sixth (6th) birthday is reached prior to September 1st of such year or upon enrolling in a publicly supported kindergarten program and continue to the sixteenth (16th) birthday or as long as the student shall continue to be enrolled in the school system. Exemption from attending the public schools during these years shall be the causes or conditions listed below. Each cause or condition shall be subject to confirmation by the County Attendance Director. Final approval for exemption shall be given by the Superintendent.

   a.Instruction in a private, parochial, or other approved school.

   b.Instruction in the home or other approved place.

   c.Physical or mental incapacity. In all cases of prolonged absence due to incapacity of the student to attend school or participate in homebound instruction, the written statement of a licensed physician or authorized school nurse is required.

   d.Hazardous condition. Conditions rendering school attendance impossible or hazardous to the life, health, or safety of the student.

   e.High school graduation.

   f.Granting of work permits. The County Superintendent may, after due investigation, grant work permits to students under sixteen (16) years of age, subject to State and Federal labor laws and regulations. However, in no case shall a work permit be granted to a student who has not completed the eighth grade.

   g.Serious illness or death in the immediate family of the student.

   h.Destitution in the home. Exemption based on condition of extreme destitution in the home may be granted only upon written recommendation of the Attendance Director to the County Superintendent following a careful examination of the case.

   i.Church ordinances. The County Board may approve for exemption for religious instruction upon written request of the person having legal or actual charge of a student. Provided that such exemption shall be subject to the rules and regulations prescribed by the County Superintendent and approved by the County Board.

   j.Alternative, private, parochial, church or religious home instruction.

  2.In the case of five (5) consecutive or ten (10) total unexcused absences of a child during a school year, the Attendance Director shall serve written notice (CA-2) to the parent, guardian, or custodian of such child that the attendance of such child is required and that within ten (10) days of receipt of the notice the parent, guardian, or custodian, accompanied by the child, shall report in person to the school the child attends for a conference with the principal or other designated representative of the school in order to discuss and correct the circumstances causing the unexcused absences of the child.

  3.If the parent, guardian, or custodian does not comply, then the Attendance Director shall file a criminal complaint against the parent, guardian, or custodian before a magistrate in the county.

  4.The Attendance Director shall serve as the liaison for homeless children and youth as defined in W. Va. Code 18-8-4. As defined in Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), as the liaison for homeless children and youth, the Attendance Director is required to:

   a.Ensure that public notice of educational rights of children in homeless situations is disseminated where children and youth receive services.

   b.Ensure that parents or guardians are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children.

   c.Ensure that parents or guardians are informed of, and assisted in accessing all transportation services for their children, including to the school of origin.

   d.Help unaccompanied youth choose and enroll in a school, after considering the youth's wishes, and provide the youth with notice of his/her right to appeal the school district's decision.

   e.Immediately assist the homeless in obtaining immunizations or record of immunizations or other medical records for those student who do not have them, and assure that students are enrolled in school while the records are being obtained.

   f.Ensure that homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies.

   g.Ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of Grant county school system.

   h.Ensure that homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the school system, and referrals to health care services, dental services, mental health services, and other appropriate services.

   i.Ensure that enrollment disputes are mediated as outlined in Paragraph (3) (E) of Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

  5.The Attendance Director shall file with the County Superintendent and County Board, at the close of each month, a report showing activities of the school attendance office and the status of attendance in the County at the time due to provisions in W. Va. Code 18-8-4.

 C.Support and require the school principal to implement and execute the duties as defined in W. Va. Code 18-8-5:

  1.The principal shall compare school numbers with school enrollment monthly.

  2.The principal or designee shall contact any parent, guardian, or custodian of the student and hold a meeting with such person and the student when the enrolled student has accumulated five (5) unexcused absences from attendance.

  3.It shall be the duty of the principal, whether public or private school, to make prompt reports to the County Attendance Director of all cases of unexcused absences arising within the school which require the services of the Attendance Director.

 D.Each parent, guardian, or custodian will be responsible for fully cooperating in and completing the enrollment process by providing: immunization documentation (W. Va. Code 16-3-4), copy of a certified birth certificate or affidavit (W. Va. Code 18-2-5c), signed suspension and expulsion document (W. Va. Code 18-5-15), and any other documents required by Federal, State, and/or local policies or code.

COUNTY ATTENDANCE POLICY COMPONENTS

 A.Philosophy:
  A direct relationship exists between daily school attendance and student performance. Daily attendance is necessary for students to enhance their academic, social and psychological development. A nurturing, orderly, safe, and stimulating education environment will promote student attendance and parent involvement throughout the child's educational career. Establishing such an environment requires a comprehensive program supported by everyone in the school system, parents/guardians, students and the community. This type of environment must exist in all places and activities that are a direct or indirect activity of the school system.

 B.Incentive/Rewards for School Attendance:
  See Preventive and Corrective Measures

 C.Principals of Operation:

  1.Each school principal or designee will act as the school attendance coordinator who collects classroom attendance data and makes appropriate referrals to the County Attendance Director.

  2.Each school principal or designee will report attendance information that reflects the allowable deductions as defined by the West Virginia Department of Education.

  3.The student attendance rate shall be at or above ninety percent (90%) annually in each school in Grant County. Any elementary school not reaching this mark could lose full accreditation status.

  4.Graduation rate will exceed the state minimum requirement of eighty percent (80%).

  5.The County will define excused and unexcused absences in compliance with W. Va. Code 18-8-1 and 18-8-2 and attendance in WV Board of Education Policy 2510.

  6.Excused Absences

   a.Grant County approved absences are:

    1)Illness or injury of the student verified by physician's note. Specific dates must be given. If a student accumulates more than ten (10) days for illness (with a health care provider's note), the school shall require a letter of explanation from the health care provider.

    2)Medical or dental appointment of student verified by notes from physician/dentist.

    3)Illness of student verified by parent/guardian/custodian note not to exceed five (5) total days per semester. Parent notes must include dates of each absence and reason for absence.

    4)Illness or injury within the immediate family when student absence verified as essential by physician. For this circumstance only mother, father, brother, sister, grandmother, grandfather, son or daughter will be considered as immediate family.

    5)Calamity such as fire, flood or family emergency upon approval of principal/designee.

    6)Death in immediate family (parents, siblings, grandparents, aunt, uncle, brother-in-law, sister-in-law, nephew, niece, student's child, or any person living in the same household) limited to three (3) days for such occurrence.

    7)Leaves of educational value in accordance with these stipulations:

     (a)A student has accumulated no more than three (3) unexcused absences for school year.

     (b)Prior approval of principal/designee.

     (c)Prior submission and approval of educational plan detailing objectives and activities. Submit plan at least two (2) weeks before date or departure.

     (d)Verification of implementation of the educational plan and documentation needs to be submitted within one (1) week of the student's return to school.

     (e)Leaves which exceed five (5) instructional days required prior County Board approval. (Parents should be warned that extended leave is not a wise practice and could be detrimental to the student's academic achievement. Furthermore, no teacher will be required to provide free tutoring for the student.)

    8)School approved curricular or extra-curricular activities. A student who is a participant in a pre-approved off-campus school or school-related activity (field trip, athletic contest, FFA activity, up to three (3) days for college visits) will be counted absent (Code X1 or X2) and is responsible to make up work missed.

    9)Legal obligation with verification.

    10)Failure of bus to run/hazardous conditions.

    11)Observance of religious holidays.

    12)Exceptional students' absences should be addressed to comply with SB Policy 2419.

   b.Students are required to bring in absence notes within three (3) days upon his/her return to school. After the third day expires, the student's absence would be considered an unexcused absence unless it could be demonstrated that the reason for not presenting the note was due to circumstances beyond the student's control.

   c.Long term medical/dental statements must be updated every nine (9) weeks.

  7.Unexcused Absences

   a.An absence that does not comply with any of the cases or conditions defined as an excused absence.

   b.The student did not bring a note of any kind upon his/her return.

   c.The student has over his/her limit of parent notes for illness.

   d.Expulsion or out-of-school suspension dates are to be counted as unexcused absences subject to provisions of State Board of Education Policy 4110. No student will be suspended solely for failure to attend class.

  8.Home/Hospital Instruction
   Students of compulsory school attendance age or older experiencing injuries or medical conditions verified by a physician that will cause them to be out of school for more than a two-week period must request homebound instruction. These forms and additional information are available at the Director of Special Services Office in the Central Office building.

  9.Half-Day Absences
   Half-day absences will be recorded in WVEIS when a student is absent fifty percent (50%) of the instructional day. The same guidelines will apply for excused and unexcused absences.

  10.Tardiness
   Tardiness shall be defined as being late for school or an individual class without missing a half-day of school or without missing an entire class period. As deterrents to tardiness, schools may use, but are not limited to, notification of parents, before/after school detention, in school detention, loss of certain privileges, etc.
   Each school shall communicate to students the definition of tardiness and school-specific guidelines for disciplining infractions.
   In secondary schools, a student must attend at least part of all class periods to be counted as present for the specific class or full day.
   Schools will provide incentives such as rewards from the Responsible Student program for students with no tardies. Other preventive measures will be parent notification, student counseling on punctuality, and homeroom competitions.

 

The principal or designee shall notify custodial parent/guardian/custodian after excessive tardies.

   
 

Additional information on tardiness can be found in the county tardiness policy.

   

a. Student Check In/Check Out

It is the responsibility of each school to have a guest log to be used by parents/guardians/custodians when a student checks in or out of school other than the normal beginning and end of the school day. Students are not permitted to check out of school unless a parent/guardian/custodian or adult who is authorized by such, checks them out. At the time of checking out or in, the adult will be informed if the partial absence is excused or unexcused.

   b.Skipping

    1)Skipping is defined as leaving school grounds without authorization from the principal or designee.

    2)A student who has boarded a bus or entered the school premises must secure an excuse from the principal's office in order for him/her to leave before dismissal time.

    3)It will be the responsibility of the principal of each school to establish reasonable rules and regulation that are consistent with this policy. The principal will also be responsible to establish a system to insure that roll is taken and absences reported each class period during the school day so that students who skip during the day can be located and parents notified if necessary.

   c.Suspension Due to Absenteeism Not Permitted
    No student shall be suspended internally/externally due to absenteeism. Other methods of discipline such as, but not limited to, detention, extra class time, or alternative class settings will be utilized.

  11;Individual Exception to Four (4) Year Attendance Requirement
   In accordance with State Board of Education Policy 2510, Section 6.4.16, the Grant County Board promotes attendance for all four (4) years during Grades 9-12. All students shall be scheduled for the full school day for all four (4) years.
   Any requests for exceptions must be submitted in writing, on the Grant County Exception Request Form, and must be approved by the school principal, County Attendance Director, and County Board. Exceptions for any reason may only be granted if the student has met or will meet graduation requirements. All approved exceptions will be monitored. Any student who is not in compliance with his/her approved exception will be re-enrolled as a full-day student at their respective county high school. Exceptions may be requested for the following compelling circumstances only.

   a.Continuous Enrollment. If a student has been enrolled continuously in Grades 9-12 for four (4) years and has not accumulated the required number of credits for graduation, s/he may request to be scheduled only for classes needed to meet graduation requirements.

   b.Post Secondary Education. A student may apply for an exception during his/her senior year to attend college or a post-secondary technical program provided that a college or technical school has accepted the student.

   c.Other Extraordinary Circumstances. The Grant County Board recognizes that there are other circumstances that merit exceptions to four-year, full-day attendance for Grades 9-12 as defined by State policy. An exception may be granted for the following reasons provided that the student will meet or has met the County graduation requirements.

    1)Parenthood. Students who are also parents may be granted an exception if their parental responsibilities are such that they cannot fulfill the high school attendance requirements in the normal manner. Proof of parenthood must be submitted with the application.

    2)Family Responsibility. Students who, because of a disabled parent, must be available to assist in the home. Physician verification required for disabled parent/guardian.

    3)Financial Need. Students who are married and/or must work forty (40) hours or more a week because they are self-supporting. Proof of marital status or documentation proving self-support must be submitted with the application.

   d.The deadline for applying for an "exception" is August 15th for the first semester and January 5th for second semester. If approved by the Board, the student must provide a letter on letterhead from the employer stating that they are employed forty (40) hours a week or a copy of a college schedule or proof of enrollment in classes must be furnished.

  12;Expulsion
   If a student is placed on homebound instruction for expulsion, a designated site will be determined at the expulsion hearing. The student will be held accountable for their attendance at the scheduled sessions in accordance with State attendance laws.
   Any expelled student will not be permitted to secure a verification of enrollment form for driver's license purposes

  13.Dropout Reports
   Each school will maintain current, accurate student data on the WVEIS. Any student withdrawing from a secondary school will be reported to the Attendance Director for follow-up. The Dropout Report will be submitted to the West Virginia Department of Education upon request to the County Attendance Director.

 D.Processes and Procedures:

  1.A copy of this policy will be made available to all students at the beginning of each school year or included in the student handbook that is given to each student. Early each school year, a synopsis of the Attendance Policy will be published in the local newspaper and posted in all educational facilities. For a full version of this policy, visit the website for Grant county Schools at http://www.grantcountyschools.com.

  2.All students will be allowed to make-up work missed for excused and unexcused reasons in the following manner:

   a.Upon returning to school, it is the student's responsibility to request from the teacher(s) the assignment(s) missed and any instructions for completing the assignment(s).

   b.One (1) day extension per day of absence will be allowed for the student to complete and turn the assignment(s) in to the appropriate teacher(s).
    For example: Monday absent - Tuesday contact teachers and obtain assignments - assignments due Wednesday;
Monday and Tuesday absent - Wednesday obtain assignments - assignments due Friday.

Assignments made prior to the student's absence are due when the student returns. For example: Friday's assignment made and due Monday - Monday student absent - Tuesday student returns and assignment is due.

   c.Each student will be given the opportunity to make up any work missed due to absenteeism within this timeline. If the student has not completed the make-up work in the allotted time, the teacher may grant an extension or record a zero for the work missed. No credit and/or grades will be withheld if the timeline is followed and assignments are satisfactorily completed.

  3.At the beginning of each school year, the Attendance Director shall appoint and chair an impartial three (3) member Appeals Board to hear and rule on questions that may arise regarding the implementation and application of this policy. This Board will be comprised of one (1) elementary teacher and parent and/or one (1) secondary teacher and parent.
   An appeal to the Appeals Board by a student or parent will be granted only after formally discussing the issue with the teacher(s), the school administrator and the County Attendance Director.

 E.Maintenance of Records:

  1.Every school will maintain a daily attendance record for every enrolled student using the WVEIS. In addition, a record of attendance, either the teacher's grade book or a Grade Quick register, is to be maintained by teachers and made available upon request to the principal or members of the central office.

  2.Every school will use the following notification procedures regarding student absences:

   a.The school attendance coordinator shall run a cumulative absence report weekly to determine which student(s) may be developing attendance concerns.

   b.When a student accumulates five (5) unexcused absences during either one half (1/2) of the instructional term, the attendance coordinator shall contact the parent/guardian/custodian by mailed letter requesting a parent contact/conference. The letter shall indicate that continued unexcused absences may result in the child's absenteeism being referred to the County Attendance Director. A copy of this letter shall be forwarded to the Attendance Director.

   c.When a student accumulates ten (10) unexcused absences during a school year, the school
attendance coordinator shall contact the parent/guardian/custodian by mailed letter requesting the parent/guardian/custodian come in for a conference. A copy of this letter shall be
forwarded to the Attendance Director. If the parent/guardian/custodian does not comply within ten (10) days after receipt of the letter, the student's attendance will be referred to the Attendance Director.

   d.When a student accumulates ten (10) unexcused absences and the parent/guardian/custodian does not respond to the school attendance coordinator's request for a conference, or the conference does not resolve the truancy, the County Attendance Director shall notify the parent/guardian/custodian by certified mail, hand delivery or hand delivery to a household member at least sixteen (16) years of age, a legal notice (CA-2) to conference with the Attendance Director and/or school attendance coordinator regarding the student's absenteeism.

   e.When a student accumulates the next unexcused absence (eleven (11) or more) following the parent/guardian/custodian conference, or lack of conference with the school attendance coordinator and/or the County Attendance Director, the County Attendance Director shall file a criminal complaint against the parent/guardian/custodian for truancy of the child.

  3.A student's attendance record is a legal document. Any student who is not physically in school, whether absent or on a school sponsored activity off school grounds, must be appropriately accounted for on the WVEIS Attendance System Using the correct absence code.

 F.Preventive and Corrective Measures:

  1.All Grant County schools will encourage and promote good attendance by providing an atmosphere conducive to learning. Each school will develop and implement a system of incentives and rewards for students who achieve pre-determined attendance goals. Parents, students, staff, and administrators will develop these programs at each school. Schools will submit their incentive/reward plan to the County Attendance Director by September 15th of the school year.
   These programs may consist of certificates for perfect and faithful attendance, recognition in the local newspaper of students with perfect/faithful attendance, personal recognition programs, privileges for attendance, intra-school competitions for good attendance each grading period, attendance honor roll, free admission to community/school activities, monetary donations to classrooms, etc. We will focus on good attendance.

  2.Parental notification of student attendance is addressed in E. 2. Parents are also involved through personal phone calls, conferences, and assisting in the development of attendance incentive programs, etc.

  3.When students have been identified as having attendance problems, attempts will be made to counsel students by the school's guidance counselor and/or principal to ascertain reasons for poor attendance and then offer alternatives to these problems. Referrals to follow-up procedures may be made to the County Attendance Director, school psychologist, school nurse, and any other person or agency deemed necessary to resolve the student's attendance problem.

  4.The schools may utilize other agencies such as DHHR, Juvenile Probation Officer, Mountaineer challenge/GED program, Potomac Highlands Mental Health Guild, Grant County Family Issues task force, Eastern Regional Family Resources Network (ERFRN), Family Preservation Services, Inc., and Burlington Family Services for other appropriate services.

  5.When a student's absences become excessive, the principal and the student's classroom teacher(s) should review the student's progress. The Student Assistance Team, in cooperation with the parent, may make recommendations that could involve development of alternative plans or programs that are positive in nature to encourage improved school attendance. Other examples could be rearranging the student's schedule, after school tutoring, special program eligibility, counseling, participation in other agency's programs, etc.

 G.School Attendance as a Condition of Motor Vehicle Licensing Privilege:

  1.Any student at least fifteen (15), but less than eighteen (18) years of age, who is properly enrolled in a West Virginia public school, or who is a West Virginia resident enrolled in an out-of-state school, or who is properly enrolled in an Exemption A, B, or K non-public school may request from the Attendance Director documentation of enrollment/attendance status. This documentation must be provided on a form approved by the WVDE for presentation to the West Virginia Division of Motor Vehicles (hereinafter WVDMV) when making application for, or reinstatement of, an instruction permit or license to operate a motor vehicle.

  2.In accordance with the provisions of W. Va. Code 17B-2-3 and V17B-2-5, the WVDMV shall deny a license or instruction permit for the operation of a motor vehicle to any person under the age of eighteen (18) who does not at the time of application present a diploma or other certificate of graduation issued to the person from a secondary high school of this State or any other state, or documentation that the person: (1) is enrolled and making satisfactory progress in a course leading to a GED from a State approved institution or organization, or has obtained such certificate; (2) is enrolled in a secondary school of this State; (3) is a West Virginia resident enrolled in an out-of-state school; (4) is excused from such requirement due to circumstances beyond his/her control; or (5) is enrolled in an institution of higher education as a full-time student in this State or any other state.

  3.No later than five (5) days after following appropriate due process from the date of withdrawal, the Attendance Director or chief administrator of the school system shall notify the WVDMV of the withdrawal from school of any student fifteen (15) years of age, but less than eighteen (18) years of age, except as provided in W. Va. Code V 18-8-11(d)

  4.For the purposes of this section and pursuant to W. Va. Code 18-8-11, withdrawal is defined as more than ten (10) consecutive, of fifteen (15) days total, unexcused absences during a school year. Suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility is not a circumstance beyond the control of the person. If suspended, the WVDMV may not reinstate a license before the end of the semester following that in which the withdrawal occurred.

 

Once the driver's license is obtained, the student must maintain appropriate attendance. If a student acquires ten (10) or more consecutive unexcused absences or fifteen (15) or more unexcused absences within the school year, the Attendance Director will file the necessary revocation papers with the Department of Motor Vehicles. To be reinstated, the student must complete one (1) semester of school with no unexcused absences and request the Attendance Director submit a reinstatement authorization form to the WVDMV.

   
 

Also any student who has been denied a verification of enrollment form because of absences must complete one (1) semester of school with no unexcused absences to be eligible.

   
 

Students sixteen (16) or seventeen (17) years of age who withdraw from school and do not enroll in another school (dropout) automatically have their driver's license suspended if under the age of eighteen (18).

   
 

Any student sixteen (16) or seventeen (17) years of age who withdraws from school and wants to keep his/her driver's license or obtain a verification of enrollment form through home schooling status must present a portfolio of work of at least forty-five (45) days (nine (9) weeks) to the Attendance Director.

   
 

Verification of attendance/enrollment forms for instruction permit or license may be obtained in the school's administrative office. The completed form should be submitted to the Attendance Director by way of the school mail. Once verification is completed, the application will be sent back to the school office by way of the school mail. During the school year, the school principal must sign the application. Allow Four (4) days for the proper completion of this form by designated school officials. There is no guarantee that the form can be secured within one (1) day.

 H.Severability:
  If any provision of this rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this rule.

WV Code 18-2-5, 18-5-15, 18-8-3 and 4, 18A-5-1, 17B-2-3 and 5, 18-8-11
West Virginia Board of Education Policy 4110
Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11431 et seq.)