ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2865
(By Delegates Perry, Mezzatesta, Stemple,
Williams and Browning)
(Originating in the Committee on Education)
[April 5, 2001]
A BILL to amend article one, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section one-b,
relating to education; and preventing certain absences from
counting toward a school's daily average attendance.
Be it enacted by the Legislature of West Virginia:

That article one, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section one-b,
to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR
EDUCATION.
§18-1-1b. Exempt absences not absences for average daily
attendance purposes.

Notwithstanding any provision of this code or state board rule
or policy to the contrary, a student's absence from school may not
be counted as such for the purpose of determining a school's
average daily attendance, as provided in this chapter or any state
board rule or policy, if the school has exhausted all legal
remedies toward compelling the student's attendance, as provided by
state board policy,
and the student continues to be absent from
school.

This section is new; therefore, strike-throughs and
underscoring have been omitted.