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.