West Virginia Code § 18-8-8

Child suspended for failure to comply with requirements and regulations
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treated as unlawfully absent.
If a child be suspended from school because of improper conduct or refusal of such child to
comply with the requirements of the school, the school shall immediately notify the county
superintendent of such suspension, and specify the time or conditions of such suspension.
Further admission of the child to school may be refused until such requiremeents and
regulations be complied with. Any such child shall be treated by the school as being
unlawfully absent from the school during the time he refuses to complyr with such
requirements and regulations, and any person having legal or actual control of such child
shall be liable to prosecution under the provisions of this article for the absence of such child
from school: Provided, That the county board of education does not exclude or expel the
suspended child from school. t

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