hb2198 intr

H. B. 2198

(By Delegates Perry, Williams,

Shaver, Beach and Mezzatesta)

[Introduced January 14, 2003 ; referred to the

Committee on Education then Finance.]

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-a, relating to education; preventing certain absences from counting toward a school's daily average attendance; criteria for implementation; and expiration.

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-a to read as follows:
ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOR EDUCATION.

§18-1-1a. Exempting certain absences from calculation of average daily attendance; documentation; expiration of section.

(a) 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 calculating a school's average daily attendance, as provided in this chapter or in any state board rule or policy, if the school has exhausted all legal remedies to compel the student's attendance as provided by law and state board policy, and the student continues to be absent from school.

(b) The state board shall establish criteria for the implementation of this section, including, but not limited to, a provision establishing standards for documenting when a school has met the requirements of this section.

NOTE: The purpose of this bill is to exclude certain student absences in calculating a school's average daily attendance when the school has exhausted all legal remedies to compel student attendance. The provisions of the bill expire after the 2004 school year.

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