H. B. 3188
(By Delegates Long, Beach, Paxton, Crosier, Howard,
Renner and Hartman)
(Originating in the Committee on Education)
[February 21, 2003]
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 driver's license
privilege; conditions for obtaining license; denial and
revocation; and limitation on reinstatement.
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 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; (3) is
excused from such the requirement due to circumstances beyond his
or her control; or (4) is enrolled in an institution of higher
education as a full-time student in this state or any other state.
(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 fifteen years of age at
least fifteen but less than eighteen years of age or older upon
request who is properly enrolled in a school under the jurisdiction
of the official for presentation to the division of motor vehicles
on application for or reinstatement of an instruction permit or
license to operate a motor vehicle. Whenever a student at least
fifteen years of age but less than eighteen years of age
withdraws from school, except as provided in subsection (d) of this
section, the attendance director or chief administrator shall
notify the division of motor vehicles of the withdrawal not later
than five days from the withdrawal date. Within five days of receipt of the notice, the 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 division of motor vehicles before such
that time. If suspended, the division may not reinstate a license
before the end of the semester following that in which the
withdrawal occurred.
(c) For the purposes of this section:
(1) Withdrawal shall be is defined as more than ten
consecutive or fifteen days total total days unexcused absences
during a school year; for the purposes of this section
(2) Suspension or expulsion from school or imprisonment in a
jail or a penitentiary West Virginia correctional facility is not
a circumstance beyond the control of 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 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 division of motor vehicles to excuse 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 withdrawal is due to circumstances beyond the
control of such the person.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.