and hearings.
(a) For the purposes of this article, the following definitions apply:
(1) "Excused absence" means:
(A) A medical or dental appointment with written excuse from physician or dentist;
(B) Personal illness or injury of the student accompanied by a timely written excuse from the
student's parent, guardian, or custodian: Provided, That the total absences under this
section combined with absences permitted under paragraph (C) of this subdivision do not
exceed more than 10 per school year unless supported by a physician's note: Provided,
however, That a medically documented chronic health condition or disability that adversely
impacts in-person attendance approved by a county scahool board or the principal is not
subject to this limitation, and that absences of students with disabilities shall be in
accordance with the Individuals with Disabilities Elducation Improvement Act of 2004 and
the federal and state regulations adopted in csompliance therewith;
(C) Personal illness or injury of the studenit's parent, guardian, custodian, or family member:
Provided, That the excuse must provide a reasonable explanation for why the student's
absence was necessary and caused by the illness or injury in the family, and the total
absences under this section in combination with paragraph (B) of this subdivision may not
exceed more than 10 excuses per school year;
(D) Death in the family;
(E) School-approved or county-approved curricular or extra-curricular activities;
(F) A judicial obligation or court appearance involving the student;
(G) WA military requirement for students enlisted or enlisting in the military;
(H) Up to five college visits; and
(I) A student in any West Virginia Department of Education recognized and sanctioned
student organization to enhance student enrichment and success, including, but not limited
to, SkillsUSA, Future Business Leaders of America (FBLA), Health Occupations Students of
America (HOSA), the Common Ground Partnership, or 4-H or FFA-sanctioned activity or
program, subject to the following:
(i) A student who participates in an activity or program sanctioned in paragraph (I) of this
subdivision shall be credited as present by the school in which the student is enrolled in the
same manner as a student participating in an educational field trip. A school principal, or the
principal's designee, shall not count a student absent for participating in an activity or
program sanctioned in paragraph (I) of this subdivision.
(ii) An agent of a sanctioned organization set forth in paragraph (I) of this subdivision shall
provide documentation as proof of a student's participation in an activity or program
sanctioned in paragraph (I) of this subdivision.
(iii) A student shall make up any schoolwork missed while the student was participating in
an activity or program sanctioned by paragraph (I) of this subdivision and shall not have the
student's class grades adversely affected for lack of attendance or participaetion due to the
student's participation in an activity or program sanctioned in paragraph (I) of this
subdivision. r
(iv) A school principal, or the principal's designee, shall not creduit a student who participates
in an activity or program sanctioned in paragraph (I) of this subdivision as present if the
student's participation in the activity or program sanctionedt in paragraph (I) of this
subdivision occurs during any period of time for which the student has been suspended,
expelled, or assigned to an alternative school or alternative program under this chapter and
the student's suspension, expulsion, or assignment to an alternative school or alternative
program would preclude the student from participating in an educational field trip.
(J) The total amount of excused absences under paragraphs (E), (H), and (I) of this
subdivision may not exceed more than 10 per school year.
(K) Nothing in this section shall interfere with the Every Student Succeeds Act (2015), which
does not differentiate between excused and unexcused absences.
(2) "Meaningful contact" means two-way communication by the school administrator or other
school designee and the student's parent, guardian, or custodian to discuss the student's
attendance record in an effort to prevent subsequent truancy or other legal proceedings
relating to compulsory school attendance, and to minimize additional absences. Methods of
meaningful contact include, but are not limited to, phone calls, video conferencing, home
visits, and the use of digital platforms.
(3) "System of Support Plan" ("SOS Plan") refers to a plan to be developed by the State
Board of Education designed to encourage students to attend school. It shall, at a minimum,
require county attendance directors, principals, or other school designees to make periodic
contact with the parent, guardian, or custodian of a student subject to compulsory school
attendance to ascertain the reason or reasons for the student's absence or absences and
what measures the school may employ to assist the student in attending school and not
incurring additional absences. It shall also impart upon the student's parents, guardians, and
custodians the importance of the student's attendance and the seriousness of failing to do
so.
(4) "Unexcused absence" means any absence not specifically included in the definition of
"excused absence".
(b) The county attendance director and his or her assistants shall diligently promote regular
school attendance. The director and assistants shall:
(1) Ascertain the reasons for unexcused absences from school of students of compulsory
school age; and students who remain enrolled beyond the compulsory school age;
(2) Ensure the implementation of the SOS Plan as developed by the state board, including
encouraging the attendance of students and imparting upon the parents, guardians, and
custodians the important of attendance and the seriousness of failing to do so.
(c) All documentation relating to absences shall be provided to the school no later than three
instructional days after the first day the student returns to schooul. In the event
documentation is not provided to the school within three instructional days after the first day
the student returns to school, the absences are unexcused.
(d) In the case of three total unexcused absences of a satudent during a school year, the
attendance director, his or her assistant, or the principal shall make meaningful contact with
the parent, guardian, or custodian of the student tol ascertain the reasons for the unexcused
absences and what measures the school may esmploy to assist the student in attending and
not incurring any additional unexcused absences.
(e) In the case of five total unexcused absences, the attendance director, his or her assistant
or the principal shall again make meaningful contact with the parent, guardian, or custodian
of the student to ascertain the reasons for the unexcused absences and what measures the
school may employ to assist the student in attending school and not incurring any additional
unexcused absences.
(f) In the case of 10 total unexcused absences of a student during a school year, the
attendance director o r assistant may make a complaint against the parent, guardian, or
custodian befVore a magistrate of the county. If it appears from the complaint that there is
probable cause to believe that an offense has been committed and that the accused has
committed it, a summons or a warrant for the arrest of the accused shall issue to any officer
authorized by law to serve the summons or to arrest persons charged with offenses against
the state. More than one parent, guardian, or custodian may be charged in a complaint.
Initial service of a summons or warrant issued pursuant to the provisions of this section shall
be attempted within 10 calendar days of receipt of the summons or warrant and subsequent
attempts at service shall continue until the summons or warrant is executed or until the end
of the school term during which the complaint is made, whichever is later.
(g) The magistrate court clerk, or the clerk of the circuit court performing the duties of the
magistrate court as authorized in §50-1-8 of this code, shall assign the case to a magistrate
within 10 days of execution of the summons or warrant. The hearing shall be held within 20
days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall
provide to the accused at least 10 days' advance notice of the date, time, and place of the
hearing.
(h) When any doubt exists as to the age of a student absent from school, the attendance
director and his or her assistants may require a properly attested birth certificate or an
affidavit from the parent, guardian, or custodian of the student stating the age of the
student. In the performance of his or her duties, the county attendance director and his or
her assistants have authority to take without warrant any student absent from school in
violation of the provisions of this article and to place the student in the school in which he or
she is or should be enrolled. e
(i) The county attendance director and his or her assistants shall devoter as much time as is
required to the duties of attendance director in accordance with this section during the
instructional term and at any other times as the duties of an attendance director are
required. All attendance directors and assistants hired for more than 200 days may be
assigned other duties determined by the superintendent durting the period in excess of 200
days. The county attendance director is responsible under direction of the county
superintendent for efficiently administering school attendance in the county.
(j) In addition to those duties directly relating to the administration of attendance, the
county attendance director and his or her assisstant directors also shall perform the following
duties:
(1) Assist in directing the taking of tghe school census to see that it is taken at the time and in
the manner provided by law;
(2) Confer with principals and teachers on the comparison of the school census and
enrollment for the detection of possible non-enrollees;
(3) Cooperate with existing state and federal agencies charged with enforcing child labor
laws;
(4) Promote attendance in the county by compiling data for schools and by furnishing
suggestions and recommendations for publication through school bulletins and the press, or
in any manner directed by the county superintendent;
(5) Participate in school teachers' conferences with parents and students;
(6) Assist in any other ways directed by the county superintendent for improving school
attendance;
(7) Make home visits of students who have excessive unexcused absences, as provided in
subsection (a) of this section, or if requested by the chief administrator, principal, or
assistant principal; and
(8) Serve as the liaison for homeless children and youth.‹ Prev All West Virginia sections Next ›
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