H. B. 2490


(By Delegates Nicol and Mezzatesta)
[Introduced March 5, 1993; referred to the
Committee on Education.]




A BILL to amend and reenact sections one-a and two, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to education; compulsory school attendance; requiring persons eighteen years of age or older enrolled in the public schools to file a written notice with the school attendance director that the student is withdrawing from school; and penalty for failing to attend school without officially withdrawing from school.

Be it enacted by the Legislature of West Virginia:
That sections one-a and two, article eight, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-1a. Compulsory school attendance; public school entrance requirements; exceptions thereto.

Notwithstanding the provisions of section one of thisarticle, compulsory school attendance shall begin with the school year in which the sixth birthday is reached prior to September one of such year or upon enrolling in a publicly supported kindergarten program and continue to the sixteenth birthday or for as long as the student shall continue to be enrolled in a school system after the sixteenth birthday:
Provided, That a child may be removed from such kindergarten program when the principal, teacher and parent or guardian concur that the best interest of the child would not be served by requiring further attendance: Provided, however, That the principal shall make the final determination with regard to compulsory school attendance in a publicly supported kindergarten program: Provided further , That the compulsory school attendance provision of this article shall be enforced against a person eighteen years of age or older for as long as the person continues to be enrolled in a school system, and shall not be enforced against the parent, guardian or custodian of such person.
For the purpose of this article, a student eighteen years of age or older continues to be enrolled in school until he or she submits a written statement to the school attendance director stating that he or she is officially withdrawing from school and receives a written release from all school related obligations from the attendance director.
Attendance at a state-approved or Montessori kindergarten, as provided for in section eighteen, article five of this chapter, shall be deemed school attendance for purposes of thissection. Prior to entrance into the first grade in accordance with section five, article two of this chapter, each child must have either (1) successfully completed such publicly or privately supported, state-approved kindergarten program or Montessori kindergarten program, or (2) successfully completed an entrance test of basic readiness skills approved by the county in which the school is located:
Provided, That such test be administered in lieu of kindergarten attendance only under extraordinary circumstances to be determined by the board. Notwithstanding the provisions of this section and of section five, article two of this chapter and section eighteen, article five of this chapter, a county board may provide for advanced entrance or placement under policies adopted by said board for any child who has demonstrated sufficient mental and physical competency for such entrance or placement. Nothing herein shall prevent a student from another state from enrolling in a public school in West Virginia in such grade as the student was enrolled at the school from which the student transferred.
§18-8-2. Offenses; penalties; cost of prosecution.

Any person who, after receiving due notice as hereinafter provided, shall fail to cause a child or children in that person's legal or actual charge to attend school as hereinbefore provided and, any person eighteen years of age or older who is enrolled in school and who fails to attend school as hereinbefore provided after receiving due notice, shall be is guilty of a misdemeanor, and, shall, upon conviction thereof, shall be finednot less than fifty nor more than one hundred dollars together with the costs of prosecution, or confined in jail not less than five nor more than twenty days. The magistrate or judge may require the parent or parents to bring the a child under eighteen years of age to school and remain through the school day until such time as the magistrate or judge may determine as appropriate. Every day a child is out of school contrary to the provisions of this article shall constitute a separate offense. Magistrates shall have concurrent jurisdiction with circuit courts for the trial of offenses arising under this section.
Whenever a person accused of violating any of the provisions of this article has been tried and acquitted, the cost of prosecution shall be paid by the county board of education out of the maintenance fund of the county.



NOTE: The purpose of this bill is to clarify the law to ensure that eighteen-year old students are responsible for their public school attendance.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.