W. Va. Code R. § 126-81-3

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

Section 126-81-3 - Definitions

3.1. Absence. Not being physically present for any reason or failing to engage in virtual or remote learning in accordance with county policies.

3.1.a. All documentation relating to absences shall be provided to the school not later than three instructional days after the first day the student returns to school. In the event documentation is not provided to the school within three instructional days after the first day the student returns to school, the absences are considered unexcused.

3.1.b. Excused Student Absences. Absences that result from:

3.1.b.1. failure of the bus to run;

3.1.b.2. medical or dental appointment with a valid written excuse from the physician or dentist; and

3.1.b.3. personal illness or injury of the student;

3.1.b.3.A. The total absences permitted under this section combined with absences permitted under section 3.1.b.4 (personal illness or injury of a student's family member) must not exceed 10 per school year unless supported by a physician's note.

3.1.b.4. personal illness or injury of the student's parent/guardian/custodian, or family member, provided:

3.1.b.4.A. the excuse for such an absence must provide a reasonable explanation for the student's absence caused by the illness or injury in the family, and

3.1.b.4.B. the total absences permitted under this section combined with absences permitted under section 3.1.b.3 (personal illness or injury of the student) must not exceed 10 per school year;

3.1.b.5. documented chronic medical conditions that may require multiple or regular absences. These conditions must be documented annually with a valid physician's note that explains the condition and anticipated impact on attendance. The necessity for the absences must be approved and reviewed quarterly by the Student Assistance Team (SAT), Individualized Education Program (IEP) team, or Section 504 team as defined by W. Va. 126CSR16, Policy 2419, Regulations for the Education of Students with Exceptionalities (Policy 2419);

3.1.b.6. documented disabilities consisting of any mental or physical impairments that substantially limit one or more major life activities and are documented annually with a valid physician's note that explains the disability and the anticipated impact on attendance. The necessity for the absences must be approved and reviewed quarterly by the SAT, IEP team, or Section 504 team;

3.1.b.7. death in the family;

3.1.b.8. judicial obligation or court appearance involving the student; or

3.1.b.9. military requirements for students enlisted or enlisting in the military;

3.1.c. Unexcused Student Absence. Any absence not specifically included in the definition of Excused Student Absences.

3.2. Absence Measure. A measure of the extent to which a student misses instructional time across all modes of learning, including in-person, virtual, and other settings, as defined in section 3.16.

3.2.a. Full-day absence: being absent 80 percent or more of the school day.

3.2.b. Three quarter-day absence: being absent 60-79 percent of the school day.

3.2.c. Half-day absence: being absent 40-59 percent of the school day.

3.2.d. Quarter-day absence: being absent 20-39 percent of the school day.

3.3. Allowable Deductions for Schools. Absences that result from failure of the bus to run and students not in attendance due to disciplinary measures which are not included in the chronic absenteeism calculation.

3.4. Attendance. A measure of exposure to instruction across all modes of learning, including in-person, virtual, and other settings, as defined in section 3.17.

3.5. Attendance Rate. The number of days present divided by the number of membership days multiplied by 100.

3.6. Chronic Absenteeism. Missing 10 percent or more of instructional days for any reason except the allowable deductions defined in section 3.3.

3.7. Compulsory School Age. Begins with the school year in which the sixth birthday is reached prior to July 1 of such year or upon enrolling in a publicly supported kindergarten program and continues to the seventeenth birthday for as long as the student continues to be enrolled in a school system after the seventeenth birthday.

3.8. Dropout. A student who:

3.8.a. was enrolled in school at some time during the previous school year and was not enrolled on October 1 of the current school year;

3.8.b. has not graduated from high school, obtained a high-school equivalency diploma, or completed a state- or county-approved education program; and

3.8.c. does not meet any of the following exclusionary conditions:

3.8.c.1. transfer to another in- or out-of-state public school system, private school, home school, or state- or county-approved education program;

3.8.c.2. temporary school-recognized absence due to suspension or illness; or

3.8.c.3. death.

3.9. Dropout Date. The school day following the dropout's last day of attendance.

3.10. Enrollment. A student who is officially enrolled when one of the following conditions occur:

3.10.a. was enrolled the previous year;

3.10.b. appears at school to enroll with or without a parent/guardian/custodian; or

3.10.c. appears at school to enroll with or without a parent/guardian/custodian and with or without records.

3.11. Enrollment Count. A status count that reports the number of students on the attendance register as required by the West Virginia Department of Education (WVDE).

3.12. Homeless Children and Youth (McKinney-Vento Act). Individuals who lack a fixed, regular, and adequate nighttime residence and includes:

3.12.a. children and youth who share the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, camping grounds, due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; and/or are abandoned in hospitals or other locations;

3.12.b. children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation;

3.12.c. children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

3.12.d. migratory children who qualify as homeless because the children or youth are living in circumstances as described in the above descriptions.

3.13. Jaycie's Law. A support plan for pregnant and parenting students to stay in school and earn a diploma. (See Appendix A for guidance.)

3.14. Meaningful Contact. Two-way communication between the school administrator or other school designee and the student's parent/guardian/custodian to discuss the student's attendance record in an effort to prevent subsequent truancy or other legal proceedings relating to compulsory school attendance and minimize additional absences. Methods of meaningful contact include, but are not limited to, phone calls, video conferencing, home visits, and the use of digital platforms.

3.15. Membership Days. The days present plus the days absent.

3.16. School of Origin (McKinney-Vento Act). The school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool.

3.17. Student Presence. Students may be present for instruction in the following settings.

3.17.a. In-school. Participation in educational activities at a school building.

3.17.b. Alternate Setting. Participation in educational activities in a location other than the school building due to specific approved circumstances, such as out of school placement and alternative learning programs.

3.17.c. Homebound/Hospital Instruction. Participation in homebound or hospital instruction due to an illness, injury, or other circumstances which warrant home or hospital confinement.

3.17.d. Virtual Learning/Engagement. Participation in virtual or remote learning at a location other than a school building, including engagement in a virtual school, a planned hybrid schedule, or a non-traditional learning day as defined by local policy.

3.17.e. School Approved Activity. Participation in school, county, or state-approved curricular or extracurricular activities.

3.18. System of Support Plan (SOS Plan). A plan to be developed by schools which integrate services using a Multi-Tiered System of Support (MTSS) framework. MTSS frameworks utilize evidence-based strategies to promote students' academic success, behavioral and mental health, including social and emotional needs, trauma sensitivity, bullying prevention, dropout prevention, and truancy reduction to ensure a school climate and culture that fosters learning and personal-social development. This plan shall include the following tiers and components and additional evidence-based strategies as appropriate.

3.18.a. Universal Prevention. Ensuring positive attendance messaging and campaigns by establishing procedures for:

3.18.a.1. selecting a school-based team or SAT, to support attendance;

3.18.a.2. collecting meaningful and actionable data and determining the protocol for analyzing data;

3.18.a.3. making and documenting meaningful contact with families/guardians/custodians after three and five days of unexcused absences and as needed;

3.18.a.4. implementing school-level motivational strategies based on the needs of the school; and

3.18.a.5. recognition for attendance, including improved attendance.

3.18.b. Targeted Intervention. Process of identifying students with a pattern of excessive absenteeism through school-based student support teams or SAT with an attendance focus. Establish procedures for:

3.18.b.1. determining root causes of the absences to select evidence-based interventions based on need;

3.18.b.2. reviewing interventions to determine effectiveness; and

3.18.b.3. reporting all cases of unexcused absences arising within the school that require the services of an attendance director.

3.18.c. Intensive Interventions. Process of collaborating with outside agencies for interagency case management. truancy diversion, and the judicial system when necessary. Establish procedures for:

3.18.c.1. identifying all agencies and stakeholders to assist students based on need;

3.18.c.2. providing adequate counseling for issues related to attendance.

3.18.c.3. collaborating with truancy diversion and the judicial system when necessary.

3.19. Transfer. A process by which a student ends enrollment or attendance in one location and begins enrollment or attendance in a second location (e.g., within a county, between counties, or out-of-state). This process can be evidenced through a transcript request or other documentation that the student is continuing elementary or secondary education.

W. Va. Code R. § 126-81-3