Senate Bill No. 343
(By Senator Prezioso)
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[Introduced March 14, 1997; referred to the Committee
on Education; and then to the Committee on Finance.]
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A BILL to repeal section six, article eight, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty
one, as amended; and to amend and reenact sections three,
four, seven and eleven of said article, all relating to
requiring employment of a certified full-time county
director of school attendance; requiring preparation of
attendance reports upon request of county superintendent;
eliminating the board of educations' power of removal of the
attendance director; providing that attendance director
shall ascertain reasons for absences of students of sixteen
years of age as well as those under sixteen years of age;
authorizing service of summons; requiring attendance
director to serve as liaison for homeless children and
youth; and prohibiting the inducement of a student of any
age to be absent from school.
Be it enacted by the Legislature of West Virginia:
That section six, article eight, chapter eighteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; and that sections three, four, seven and
eleven of said article be amended and reenacted to read as
follows:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-3. Employment of county director of school attendance and
assistants; qualifications; salary and traveling expenses; removal.
The county board of education of every county, not later
than the first day of August of each year, shall employ the
equivalent of a certified full-time county director of school
attendance if such county has a net enrollment of more than four
thousand pupils, at least a half-time director of school
attendance if such county has a net enrollment of less than four
thousand pupils and such assistant attendance directors as deemed
necessary. Nothing contained herein shall be construed to mean
that uncertified professional personnel employed by county boards
prior to the effective date of this provision and who are engaged
in performing the duties of an attendance director are ineligible
to remain in the position of attendance director under this
section. Such All persons to be employed as attendance directors
shall have the written recommendation of the county superintendent.
The county board of education may set up such special and
professional qualifications for attendance directors and
assistants as are deemed expedient and proper and are consistent
with regulations of the state board of education relating
thereto.
The attendance director or assistant director shall be paid
a monthly salary as fixed by the county board. Before receiving
such monthly salary The attendance director or assistant director
shall file with the county superintendent a certified statement
showing the activities in school attendance service for the month
and the number of days actually spent in the performance of such
duties prepare attendance reports at the request of the county
superintendent.
The county board of education shall reimburse such the
employees attendance directors or assistant directors for their
necessary traveling expenses upon presentation of a monthly,
itemized, sworn statement approved by the county superintendent.
The power of removal of the county attendance director or an
assistant attendance director shall rest with the county board of
education: Provided, That reasons for contemplated dismissal
shall be reduced to writing, a copy of which shall be furnished
the director in question with opportunity to be heard in his own
behalf by the county board of education. The decision of the county board of education shall be final.
§18-8-4. Duties of attendance director and assistant directors;
complaints, warrants and hearings.
The county attendance director and the assistants shall
diligently promote regular school attendance. They shall
ascertain reasons for inexcusable absences from school of pupils
of compulsory school age and students who remain enrolled beyond
the sixteenth birthday as defined under this article and shall
take such steps as are, in their discretion, best calculated to
correct attitudes of parents and pupils which results in absences
from school even though not clearly in violation of law.
In the case of five consecutive or ten total unexcused
absences of a child during a single semester school year, the
attendance director or assistant shall serve written notice to
the parent, guardian or custodian of such child that the
attendance of such child at school is required and that within
ten days of receipt of such 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 inexcusable
absences of the child; and if the parent, guardian or custodian
does not comply with the provisions of this article, then the
attendance director or assistant shall make complaint against such the parent, guardian or custodian before a magistrate of the
county. The attendance director or assistant shall serve such
notice for other absences from school found to be in violation of
law. For any similar subsequent offense in any school year no
notice shall be required. If it appears from the complaint that
there is probable cause to believe that an offense has been
committed and that the accused has committed it, a summons or a
warrant for the arrest of the accused shall issue to any officer
authorized by law to serve the summons or to arrest persons
charged with offenses against the state. More than one summons
or warrant may be issued on the same complaint. The summons or
warrant shall be executed within ten days of its issuance.
The magistrate court clerk, or the clerk of the circuit
court performing the duties of the magistrate court as authorized
in section eight, article one, chapter fifty of this code, shall
assign the case to a magistrate within ten days of execution of
the summons or warrant. The hearing shall be held within twenty
days of the assignment to the magistrate, subject to lawful
continuance. The magistrate shall provide to the accused at
least ten days' advance notice of the date, time and place of the
hearing.
When any doubt exists as to the age of a child absent from
school, the attendance director shall have authority to require
a properly attested birth certificate or an affidavit from the parent, guardian or custodian of such child, stating age of such
the child. The county attendance director or assistant shall, in
the performance of his or her duties, have authority to take
without warrant any child absent from school in violation of the
provisions of this article and to place such child in the school
in which such child is or should be enrolled.
The county attendance director shall devote such time as is
required by section three of this article to the duties of
attendance director in accordance with this section during the
instructional term and at such other times as the duties of an
attendance director are required. All attendance directors hired
for more than two hundred days may be assigned other duties
determined by the superintendent during the period in excess of
two hundred days. The county attendance director shall be
responsible under direction of the county superintendent for the
efficient administration of school attendance in the county.
In addition to those duties directly relating to the
administration of attendance, the county attendance director and
assistant directors shall also perform the following duties:
(a) Assist in directing the taking of the school census to
see that it is taken at the time and in the manner provided by
law;
(b) Confer with principals and teachers on the comparison of
school census and enrollment for the detection of possible nonenrollees;
(c) Cooperate with existing state and federal agencies
charged with enforcement of child labor laws;
(d) Prepare a report for submission by the county
superintendent to the state superintendent of schools on school
attendance, at such times and in such detail as may be required;
also, file with the county superintendent and county board of
education 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;
(e) Promote attendance in the county by the compilation of
data for schools and by furnishing suggestions and
recommendations for publication through school bulletins and the
press, or in such manner as the county superintendent may direct;
(f) Participate in school teachers' conferences with parents
and students;
(g) Assist in such other ways as the county superintendent
may direct for improving school attendance;
(h) Make home visits of students who have excessive
unexcused absences, as provided above, or if requested by the
chief administrator, principal or assistant principal.
(i) The attendance director shall serve as the liaison for
homeless children and youth.
§18-8-7. Aiding or abetting violations of compulsory attendance; penalty.
Any person who induces or attempts to induce any child or
student unlawfully to absent himself or herself from school, or
who harbors or employs any child or student of compulsory school
age or any student over sixteen years of age who is enrolled in
a school while the school to which he or she belongs and which he
or she is required to attend is in session, or who employs such
child or student within the term of such school on any day such
school is in session without the written permission of the county
superintendent of schools, or for a longer period than such work
permit may specify shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than twenty-five nor
more than fifty dollars and may be confined in jail not less than
ten nor more than thirty days.
§18-8-11. School attendance as condition of licensing for
privilege of operation of motor vehicle.
(a) In accordance with the provisions of sections three and
five, article two, chapter seventeen-b of this code, the division
of motor vehicles shall deny a license or instruction permit for
the operation of a motor vehicle to any person under the age of
eighteen 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 general
educational development certificate (GED) from a state approved
institution or organization, or has obtained such certificate;
(2) is enrolled in a secondary school of this state or any other
state; (3) is excused from such requirement due to circumstances
beyond his or her control; or (4) is enrolled in an institution
of higher education as a full-time student in this state or any
other state.
(b) The attendance director or chief administrator shall
provide documentation of enrollment status on a form approved by
the department of education to any student sixteen years of age
fifteen years of age but less than eighteen years of age or older
upon request who is properly enrolled in a school under the
jurisdiction of said the official for presentation to the
division of motor vehicles on application for or reinstatement
of an instruction permit or license to operate a motor vehicle.
Whenever a student sixteen years of age or older fifteen years of
age but less than eighteen years of age withdraws from school,
except as provided in subsection (d) of this section, the
attendance director or chief administrator shall notify the
division of motor vehicles of such the withdrawal not later than
five days from the withdrawal date. Within five days of receipt
of such the notice, the division of motor vehicles shall send
notice to the licensee that the license will be suspended under the provisions of section three, article two, chapter seventeen-b
of this code on the thirtieth day following the date the notice
was sent unless documentation of compliance with the provisions
of this section is received by the division of motor vehicles
before such time.
(c) For the purposes of this section, withdrawal shall be
defined as more than ten consecutive or fifteen days total
unexcused absences during a single semester school year. For the
purposes of this section, suspension or expulsion from school or
imprisonment in a jail or a penitentiary is not a circumstance
beyond the control of such person.
(d) Whenever the withdrawal from school of such a student,
or such the student's failure to enroll in a course leading to or
to obtain a GED or high school diploma, is beyond the control of
such the student, or is for the purpose of transfer to another
school as confirmed in writing by the student's parent or
guardian, no such notice shall be sent to the division of motor
vehicles to suspend the student's motor vehicle operator's
license, and if the student is applying for a license, the
attendance director or chief administrator shall provide the
student with documentation to present to the division of motor
vehicles to excuse such the student from the provisions of this
section. The school district superintendent (or the appropriate
school official of any private secondary school) with the assistance of the county attendance director and any other staff
or school personnel shall be the sole judge of whether such the
withdrawal is due to circumstances beyond the control of such
person.
NOTE: The purpose of this bill is to require employment of
a certified full-time county director of school attendance;
preparation of attendance reports upon request of county
superintendent; it eliminates the board of educations' power of
removal of the attendance director; provides that attendance
director shall ascertain reasons for absences of students of
sixteen years of age as well as those under sixteen years of age;
authorizing service of summons; requires attendance director to
serve as liaison for homeless children and youth; and prohibits
the inducement of a student of any age to be absent from school.
The bill repeals the existing W.V. Code § 18-8-6 that provides
a penalty for the refusal or neglect of the county attendance
director and other persons to perform duties.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.