HB4535 HFA Gearheart 2-10 #1
Mohr 3335
Delegate Gearheart moves to amend HB4535 on page 1, following the enacting clause by striking the remainder of the bill and inserting in lieu thereof the following:
ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.
§18-8-11. School attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle.
(a) In accordance with the provisions of §17B-2-3a and §17B-2-5 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 18 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, home school administrator or any other state or documentation that the person: (1) Is enrolled and making satisfactory progress in a course leading to a general education development certificate (GED) from a state-approved institution or organization or has obtained the certificate; (2) is enrolled and is making satisfactory academic progress in a secondary school or home school of this state or any other state; (3) is excused from 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
or home school administrator shall, upon request, provide a driver’s
eligibility certificate on a form approved by the Department of Education to
any student at least 15 but less than 18 years of age who is properly enrolled
and is making satisfactory academic progress 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: Provided, That a parent or legal guardian of a child who is
being educated pursuant to §18-8-1(c) of this code may provide a signed
statement in lieu of a driver’s eligibility certificate issued by the
attendance director or chief administrator affirming that the child is being
educated in accordance with law, is making satisfactory academic progress, and
meets the conditions to be eligible to obtain any permit or license under this
section. The Division of Motor Vehicles may accept from a county board of
education electronic notice of a student’s compliance with the provisions of
this section in lieu of any written form or written statement otherwise
required from an applicant for an instruction permit or driver’s license.
(c) Whenever a student at least 15 but less than 18 years of age, except as provided in subsection (g) of this section, withdraws from school, the attendance director or chief administrator shall notify the Division of Motor Vehicles of the student’s withdrawal no later than five days from the date of the withdrawal. Within five days of receipt of the notice, the Division of Motor Vehicles shall send notice to the student that the student’s instruction permit or license to operate a motor vehicle will be suspended under the provisions of §17B-3-6 of this code on the 30th 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 that time. The notice shall also advise the student that he or she is entitled to a hearing before the county superintendent of schools or his or her designee or before the appropriate private school official concerning whether the student’s withdrawal from school was due to a circumstance or circumstances beyond the control of the student. If suspended, the division may not reinstate an instruction permit or license until the student returns to school and shows satisfactory academic progress or until the student attains 18 years of age.
(d) Whenever a student at least 15 but less than 18 years
of age is enrolled in a secondary school and fails to maintain satisfactory
academic progress, the attendance director, or chief administrator
or home school administrator shall follow the procedures set out in
subsection (c) of this section to notify the Division of Motor Vehicles. Within
five days of receipt of the notice, the Division of Motor Vehicles shall send
notice to the student that the student’s instruction permit or license will be
suspended under the provisions of §17B-3-6 of this code on the 30th 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 that time. The notice shall also advise the student that he or she is
entitled to a hearing before the county superintendent of schools or his or her
designee or before the appropriate private school official concerning whether
the student’s failure to make satisfactory academic progress was due to a
circumstance or circumstances beyond the control of the student. Once
suspension is ordered, the division may not reinstate an instruction permit or
license until the student shows satisfactory academic progress or until the
student attains 18 years of age.
(e) Upon written request of a student, within 10 days of receipt of a notice of suspension as provided by this section, the Division of Motor Vehicles shall afford the student the opportunity for an administrative hearing. The scope of the hearing shall be limited to determining if there is a question of improper identity, incorrect age, or some other clerical error.
(f) For the purposes of this section:
(1) “Withdrawal” is defined as more than 10 consecutive or 15 total days unexcused absences during a school year, or suspension pursuant to §18A-5-1a(a) and §18A-5-1a(b) of this code.
(2) “Satisfactory academic progress” means the attaining and maintaining of grades sufficient to allow for graduation and course work in an amount sufficient to allow graduation in five years or by age 19, whichever is earlier.
(3) “Circumstances outside the control of the student” shall include, but not be limited to, medical reasons, familial responsibilities, and the necessity of supporting oneself or another.
(4) Suspension or expulsion from school or imprisonment in a jail or a West Virginia correctional facility is not a circumstance beyond the control of the student; and
(5) “Home school administrator” means a person authorized pursuant to §18-8-12 of this code to issue diplomas and other credentials to persons completing a program of secondary education.
(g) Whenever the withdrawal from school of the student,
the student’s failure to enroll in a course leading to or to obtain a GED or
high school diploma, or the student’s failure to make satisfactory academic
progress is due to a circumstance or circumstances beyond the control of the
student, or the withdrawal from school is for the purpose of transfer to
another school as confirmed in writing by the student’s parent or guardian, or
the student makes a formal written withdrawal notification to the school and
provides evidence of gainful employment, no 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 or home school 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 or home school) with the assistance of the county attendance director
and any other staff or school personnel shall be the sole judge of whether any
of the grounds for denial or suspension of a license as provided by this
section are due to a circumstance or circumstances beyond the control of the
student.
(h) The state board shall promulgate rules necessary for uniform implementation of this section among the counties and as may otherwise be necessary for the implementation of this section. The rule may not include attainment by a student of any certain grade point average as a measure of satisfactory progress toward graduation.