West Virginia Code § 18-8-1a

Commencement and termination of compulsory school attendance; public
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school entrance requirements; exceptions.
(a) Notwithstanding the provisions of section one of this article, compulsory school
attendance begins with the school year in which the sixth birthday is reached prior to July 1
of such year or upon enrolling in a full-time publicly funded kindergarten program, and
continues to the 17th birthday or for as long as the student continues to be eenrolled in a
school system after the 17th birthday.
(1) A child may be removed from such kindergarten program when the parent or guardian
determines that the best interest of the child would not be serveud by requiring further
attendance: Provided, That the principal shall make the final determination with regard to
compulsory school attendance in a publicly supported kindertgarten program.
(2) The compulsory school attendance provision of this article shall be enforced against a
person 18 years of age or older for as long as the person continues to be enrolled in a school
system and may not be enforced against the parentl, guardian, or custodian of the person.
(3) Notwithstanding the provisions of section one of this article, compulsory school
attendance begins with the school year in iwhich the sixth birthday is reached prior to
September 1 of such year or upon engrolling in a publicly supported kindergarten program
and continues to the seventeenth birthday or for as long as the student continues to be
enrolled in a school system after the 17th birthday: Provided, That beginning in the school
year 2019-2020, compulsory school attendance begins with the school year in which the
sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly
supported kindergarten program.
(b) A parent, as defined in §18-31-2 of this code, shall have the option, prior to enrolling in a
publicly supported kindergarten program, to apply for a Hope Scholarship on behalf of his or
her child as set forth in §18-31-1 et seq. of this code. Every year thereafter, a parent shall
havWe the option to renew his or her child's enrollment in the Hope Scholarship Program
pursuant to §18-31-8 of this code.
(c) Attendance at a state-approved, nonpublic kindergarten program, including a Montessori
kindergarten program as provided in §18-5-18 of this code, homeschool kindergarten
program, Hope Scholarship kindergarten program, or private, parochial, or church
kindergarten program recognized under §18-8-1(k) of this code is deemed school attendance
for the purposes of this section. Students entering the public school system after such
kindergarten program shall be placed in the developmentally and academically appropriate
grade level.
(d) Notwithstanding the provisions of this section and §18-5-18 of this code, a county board
may provide for advanced entrance or placement under policies adopted by said board for
any child who has demonstrated sufficient mental and physical competency for such
entrance or placement.
(e) A student from another state, or who is eligible to enroll in a public school in this state,
shall be enrolled in the same grade in a public school in West Virginia as the student was
enrolled at the school or program from which the student transferred. A transcript or other
credential provided by a public school program, private school program, homeschool
program, microschool program, or HOPE scholarship program shall be accepted by a public
school in this state as a record of a student's previous academic performance for the
purposes of placement and credit assignment. e

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