H. B. 2036
(By Delegate Stalnaker)
[Introduced January 14, 1998; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section eleven, article eight,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to school
attendance and maintenance of satisfactory progress for
privilege of operation of a motor vehicle.
Be it enacted by the Legislature of West Virginia:
That section eleven, 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.
§18-8-11. 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
department 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 the
certificate; (2) is enrolled in a secondary school of this state
or any other state and maintains satisfactory progress by
attaining a "1.0" grade average per each semester and does not
exceed five days consecutive or total unexcused absences per
semester; or (3) is excused from such the requirement due to
circumstances beyond his or her control.
(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
or older upon request who is properly enrolled in a school under
the jurisdiction of
said the official for presentation to the
department 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
withdraws from school, except as provided in subsection (d) of
this section, the attendance director or chief administrator
shall notify the department 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 department
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 department division of motor vehicles before
such this 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. 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
such the person.
(d) Whenever the withdrawal from school of
such the 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 department 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 department 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 the person.
NOTE: The purpose of this bill is to require school
attendance and maintenance of satisfactory progress for privilege
of operation of motor vehicle.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.