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:
(a) The absence qualifies as an exemption under section one,
article eight of this chapter; or
(b) 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.