H. B. 2252
(By Delegates Anderson, Kime and Beane)
[Introduced Janaury 26, 1995; 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 education;
compulsory school attendance; and school attendance as
condition for licensing for privilege of operation of motor
vehicle.
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 certificate;
(2) is enrolled in a secondary school of this state or any other
state; or (3) is excused from such requirement due to
circumstances beyond his or her control; (4) is enrolled in an
institution of higher education, either as a part-time or
full-time student in this state or any other state; or (5) is
receiving instruction in the home or at some other place approved
by the county board of education.
(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 sixteen years of age
or older upon request who is properly enrolled in a school under
the jurisdiction of said 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.
Whenever a student sixteen years of age or older 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 such withdrawal not later than five
days from the withdrawal date. Within five days of receipt of
such 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 department division of motor
vehicles before such 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 single semester. For the purposes of
this section, suspension or expulsion from school or imprisonment
in a jail or a penitentiary is not a circumstance beyond the
control of such person.
(d) Whenever the withdrawal from school of such student, or
such 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 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 department 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 department division
of motor vehicles to excuse such 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
person.
NOTE: The purpose of this bill is to provide that persons
under the age of 18 years, who (1) do not have a high school
diploma or GED certificate, but are enrolled in any college, or
(2) who are receiving instruction at home or at some other place
approved by the county board of education shall not be denied
licensing for the privilege of operation of a motor vehicle.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.