H. B. 2198
(By Delegates Perry, Williams,
Shaver, Beach and Mezzatesta)
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
§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
(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.
(c) The provisions of this section shall expire at the
conclusion of the school year ending in two thousand four.
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
This section is new; therefore, strike-throughs and
underscoring have been omitted.