H. B. 3112
(By Delegates Williams and Overington)
[Introduced March 30, 2001; referred to the
Committee on Education.]
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 requiring state
residents under age eighteen attending school out-of-state to
verify school attendance directly with the division of motor
vehicles.
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 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: Provided, That a student
living in West Virginia and attending an out-of-state public,
private or parochial school shall present to the division of motor
vehicles an enrollment form that has been completed by the student's current school administrator and attached to a letter
signed by the administrator on the school's letterhead stating that
the student is actively enrolled in good standing and meeting the
school's attendance criteria. Whenever a student 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.
(c) For the purposes of this section, withdrawal shall be
defined as more than ten consecutive or fifteen days total
unexcused absences during a school year. For the purposes of this
section, 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.
NOTE:
The purpose of this bill is to
relieve the county school
attendance director of the duty of signing the enrollment form for
state residents younger than 18 attending school out-of-state
required to obtain a driver's license.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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