H. B. 2262
(By Delegates Staton, Fleischauer, Beach and Faircloth)
[Introduced February 27, 1997; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section two, article eight, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to criminal
penalties for failure cause a child to attend school and
consequences for certain students failing to attend school.
Be it enacted by the Legislature of West Virginia:
That section two, 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.
§18-8-2. Criminal penalties; penalty for failure to attend
school.
(a) Any person who, after receiving due notice, shall fail
fails to cause a child or children under eighteen years of age in that person's legal or actual charge to attend school in
violation of the provisions of this article or without just cause, shall be is guilty of a misdemeanor. and shall, upon
conviction of a first offense, be fined not less than fifty nor
more than one hundred dollars together with the costs of
prosecution, or required to accompany the child to school and
remain through the school day for so long as the magistrate or
judge may determine is appropriate. The magistrate or judge,
upon conviction and pronouncing sentence, may delay the sentence
for a period of sixty school days provided the child is in
attendance everyday during said sixty-day period. Following the
sixty-day period, if said child was present at school for every
school day, the delayed sentence may be suspended and not enacted
Upon conviction of a second offense thereof, a fine may be
imposed of not less than fifty dollars nor more than one hundred
dollars together with the costs of prosecution and the person may
be required to accompany the child to school and remain
throughout the school day until such time as the magistrate or
judge may determine is appropriate or confined in jail not less
than five nor more than twenty days. Every day a child is out of
school contrary to the provisions of this article shall
constitute constitutes a separate offense. Magistrates shall
have concurrent jurisdiction with circuit courts for the trial of
offenses arising under this section.
(b) Any person eighteen years of age or older who is
enrolled in school who, after receiving due notice, fails to
attend school in violation of the provisions of this article or without just cause. shall be guilty of a misdemeanor and shall,
upon conviction of a first offense, be fined not less than fifty
dollars nor more than one hundred dollars together with the costs
of prosecution and required to attend school and remain
throughout the school day. The magistrate or judge, upon
conviction and pronouncing sentence, may delay the imposition of
a fine for a period of sixty school days provided the person is
in attendance every day during said sixty-day period. Following
the sixty-day period, if said student was present at school
everyday, the delayed sentence may be suspended and not enacted.
Upon conviction of a second offense, a fine may be imposed of
not less than fifty dollars nor more than one hundred dollars
together with the costs of prosecution and the person may be
required to go to school and remain throughout the school day
until such time as the person graduates or withdraws from school
or confined in jail not less than five nor more than twenty days.
Every day a student is out of school contrary to the provisions
of this article shall constitute a separate offense. Magistrates
shall have concurrent jurisdiction with circuit courts for the
trial of offenses arising under this section..
Upon conviction of a third offense, any person eighteen
years of age or older who is enrolled in school shall may be
withdrawn from school during the remainder of that school year.
Enrollment of that person in school during the next school year
or years thereafter shall be conditional upon all absences being excused as defined in law, state board policy and county board of
education policy. More than one unexcused absence of such a
student shall be are grounds for the director of attendance to
authorize the school to withdraw the person for the remainder of
the school year. Magistrates shall have concurrent jurisdiction
with circuit courts for the trial of offenses arising under this
section.
NOTE: The purpose of this bill is to provide authority to
impose a jail sentence for the first conviction of failing to
cause a child to attend school in violation of law or without
just cause and to provide that students eighteen years of age or
older may be withdrawn from school for failure to attend school
in violation of law or without just cause.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.