W. Va. Code R. § 126-22-17

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 126-22-17 - Motor Vehicle Driver's License Restrictions

17.1. School Attendance. When a student at least 15 but less than 17 years of age withdraws from school or fails to maintain satisfactory academic progress, the attendance director or chief administrator shall notify the West Virginia Division of Motor Vehicles (DMV) of the student's withdrawal no later than five days from the date of the withdrawal.

17.1.a. Withdrawal from School. When a student accrues more than 10 consecutive days or 15 total days of unexcused absences during a school year or is suspended from school pursuant to W.Va. Code § 18A-5-1a and §18A-5-1a(b).

17.1.b. Satisfactory Academic Progress. Student attains and maintains grades that will allow graduation and course work in an amount of time sufficient to allow graduation in five years or by age 19, whichever is earlier. This calculation includes the minimum annual earning of five credits to be on track to graduate in five years based on the graduation requirements set forth in W. Va. §126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510). Three of the five credits earned annually must be from the graduation requirements identified in Policy 2510.

17.2. When withdrawal from school or unsatisfactory academic progress is determined to be beyond the student's control, or withdrawal from school is for the purpose of transferring to another school, and is documented by a parent or guardian, no notice shall be sent to the DMV to restrict the student's license. If a student is applying for a license, the attendance director or chief administrator shall provide that student with documentation to present to the DMV to excuse the student from all of the above provisions.

17.3. Circumstances beyond the control of the student shall include, but not be limited to, medical reasons, familial responsibilities, and the necessity of supporting oneself or another. Suspension or expulsion from school or imprisonment in a West Virginia Division of Corrections and Rehabilitation facility is not a circumstance beyond the control of the student and shall be considered an unexcused absence for purposes of reporting withdrawals pursuant to this policy.

17.3.a. The county superintendent, or appropriate school official of any private secondary school, with the assistance of the attendance director and any other staff or school personnel, shall be the sole judge of whether any of the grounds for restriction of a license as provided by this policy are due to circumstances beyond the control of the student.

17.4. Notice to DMV. Restriction of Student's Instruction Permit or License.

17.4.a. Within five days of receipt of the notice, the DMV shall send notice to the student that the student's instruction permit or license to operate a motor vehicle will be restricted to driving for:

1) work,

2) medical purposes,

3) educational pursuits, and/or

4) religious pursuits.

17.4.a.1. The notice shall advise student that the student is entitled to a hearing before the county superintendent of schools or designee or before the appropriate private school official concerning whether the student's withdrawal from school was due to a circumstance beyond the control of the student.

17.4.a.2. If the student's instruction permit or license is restricted, the DMV may not reinstate the instruction permit or license until the student returns to school and shows satisfactory academic progress or until the student turns 17 years of age.

W. Va. Code R. § 126-22-17