W. Va. Code R. § 126-81-4

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

Section 126-81-4 - Responsibilities

4.1. The WVBE shall:

4.1.a. encourage daily attendance and mandate that county school systems adequately address the loss of instructional time.

4.1.b. define allowable deductions for purposes of state attendance reports and statistics. Schools shall not be held accountable for absences resulting from allowable deductions. These absences shall not be calculated in the school's/county's attendance rate.

4.2. The WVDE shall:

4.2.a. establish a statewide leadership network of regional groups to address attendance;

4.2.b. assist counties with developing an SOS Plan with their schools to address significant loss of instructional time; and

4.2.c. provide attendance-focused professional development and technical assistance to counties.

4.3. Each county board of education shall:

4.3.a. establish an attendance policy. Each county's attendance policy shall address the following components:

4.3.a.1. a philosophy declaring the county board's intent to increase attendance by assisting schools with developing and implementing a plan to address attendance which integrates services using a MTSS framework;

4.3.a.2. definitions of compelling circumstances under which students may attend school for fewer than four full years and/or may be scheduled for courses for less than the full instructional day W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510);

4.3.a.3. definitions of extenuating circumstances for absences which may require homebound/ hospital instruction as outlined in Policy 2510; and

4.3.a.4. procedures and reasonable timelines requiring students with Excused and Unexcused Absences to make up schoolwork;

4.3.b. develop a system enlisting parent/guardian/custodian support for daily school attendance by students;

4.3.c. provide opportunities for input from teachers, principals, attendance directors, parents/guardians/custodians, and community leaders when developing or revising the attendance policy;

4.3.d. employ a certified county director of school attendance as required by W. Va. Code § 18-8-3; and

4.3.e. support and require the county attendance director to implement and execute the duties as defined in W. Va. Code § 18-8-4.

4.4. County board of education staff shall:

4.4.a. support schools with creating positive and safe learning environments through engaging, high-quality instruction;

4.4.b. develop a process to notify students and their parents/guardians/custodians of the county attendance policy and their responsibility and accountability for regular school attendance;

4.4.c. ensure accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.4.d. ensure all students shall be scheduled in the defined high school coursework, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual college courses for the full instructional day during grades 9-12 per Policy 2510;

4.4.e. assure that a student may not be suspended solely for failure to attend class;

4.4.f. report student attendance information reflecting the allowable deductions defined by the WVBE;

4.4.g. report all school dropouts to the WVDE; and

4.4.h. ensure that the county attendance policy is posted on the county school system's website and readily available to the public;

4.5. The attendance director and his or her assistants shall:

4.5.a. devote as much time as is required to the duties of attendance director during the instructional term and at any other times as the duties of an attendance director are required. All attendance directors and his or her assistants hired for more than 200 days may be assigned other duties determined by the superintendent during the period in excess of 200 days. Under the direction of the superintendent, the county attendance director is responsible for efficiently administering school attendance in the county by:

4.5.a.1. ensuring the implementation of the "SOS Plans" within their county, including encouraging the attendance of students and imparting upon the parents, guardians, and custodians the importance of attendance and the seriousness of failing to do so;

4.5.a.2. ensuring accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.5.a.3. cooperating with existing state and federal agencies charged with enforcing child labor laws;

4.5.a.4. promoting attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through media or in any manner directed by the superintendent;

4.5.a.5. participating in teachers' conferences with parents/guardians/custodians and students as appropriate;

4.5.a.6. assisting in other ways as directed by the superintendent to improve school attendance;

4.5.a.7. making home visits of students who have excessive Unexcused Absences or if requested by the chief administrator, principal, or assistant principal;

4.5.a.8. supporting and requiring the principal to implement and execute the duties as defined in W. Va. Code § 18-8-5;

4.5.a.9. serving as the liaison for homeless children and youth as defined in W. Va. Code § 18-8-4 and the McKinney-Vento Act. The attendance director shall:

4.5.a.9.A. ensure that public notice of the educational rights of students in homeless situations is disseminated in locations frequented by parents, guardians, and/or custodians of such students;

4.5.a.9.B. ensure that parents/guardians/custodians are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;

4.5.a.9.C. ensure that parents/guardians/custodians are informed of, and assisted in accessing, all transportation services for their children, including to the school of origin;

4.5.a.9.D. ensure unaccompanied youth are informed of their status and help unaccompanied youth choose and enroll in a school, after considering the youth's wishes, and provide the youth with notice of the right to appeal the county's decision;

4.5.a.9.E. immediately assist in obtaining immunizations or record of immunizations or other medical records for those students who do not have them, and assure that students are enrolled in school while the records are being obtained;

4.5.a.9.F. ensure that homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies;

4.5.a.9.G. ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that county;

4.5.a.9.H. ensure that homeless families, children, and youth receive educational services for which such families, children, and youths are eligible including Head Start and preschool programs administered by the local educational agency, including early intervention services under Public Law 108-446, Individuals with Disabilities Education Improvement Act of 2004 (IDEA), and referrals to health care services, dental services, mental health services, and other appropriate services; and

4.5.a.9.I. ensure that enrollment disputes are mediated as outlined in the McKinney-Vento Act.

4.6. In addition to those duties directly relating to the administration of attendance, the attendance director and his or her assistant may:

4.6.a. assist schools with establishing data practices for collecting meaningful and actionable data. They may also support the schools in determining the protocol for analyzing data and selecting a school-based team to support attendance;

4.6.b. make complaint against the parent/guardian/custodian before a magistrate of the county in the case of 10 total Unexcused Absences of a student during a school year. If it appears from the complaint that there is a probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest of the accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent/guardian/custodian may be charged in a complaint. Initial service of the summons or warrant issued pursuant to the provisions of W. Va. Code § 18-8-4 shall be attempted within 10 calendar days of the receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later;

4.6.b.1. when calculating Unexcused Absences for the purpose of making complaints against a parent/guardian/custodian before a magistrate, Unexcused Absences resulting from suspensions or expulsions from school shall not be considered;

4.6.c. require a properly attested birth certificate or an affidavit from the parent/ guardian/custodian of the student, stating the age of the student when any doubt exists as to the age of a student absent from school. In the performance of their duties, the attendance director or his or her assistant has authority to take without warrant any student absent from school in violation of W. Va. Code § 18-8-4(h) and to place the student in the school in which the student is or should be enrolled; and

4.6.d. require a student maintain satisfactory attendance (satisfactory being defined as no Unexcused Absences) during one complete semester following the restriction of the student's driver's license.

4.7. The school shall:

4.7.a. ensure positive and safe learning environments through engaging, high-quality instruction;

4.7.b. select a school-based or SAT team with an attendance focus to meet the requirements of W. Va. Code § 18-8-5. This team will determine the practices for collecting actionable data, the protocol for analyzing the data, and reporting the findings to the attendance director or his or her assistants. The report should include:

4.7.b.1. all cases of Unexcused Absences arising within the school that require the services of an attendance director;

4.7.b.2. documentation of meaningful contact after three and five days of Unexcused Absences.

4.7.c. meet with the parent/guardian/custodian of a student who has accumulated five Unexcused Absences from school during any quarter of the school year;

4.7.c.1. a student whose educational services are guided by an existing SAT Plan, IEP, or Section 504 Plan may warrant special consideration when a pattern of single, multiple, or chronic absences exists. The student's current status should be reviewed by the SAT, IEP team, or Section 504 team as deemed appropriate and in accordance with state and federal laws;

4.7.d. create an SOS Plan for universal prevention and targeted and intensive interventions to address absenteeism at their school, as defined in section 3.18;

4.7.e. ensure accurate attendance records and related documentation shall be maintained for every student enrolled in public school;

4.7.e.1. an up-to-date daily record of attendance for every student shall be maintained;

4.7.e.2. students who are physically absent from school must be documented as absent. This record may become a legal document;

4.7.e.3. there shall be written procedures for:

4.7.e.3.A. notifying parents/guardians/custodians about absences;

4.7.e.3.B. monitoring absences; and

4.7.e.3.C. notifying the attendance director of Unexcused Absences when their services are required;

4.7.e.4. appoint a designated school attendance coordinator (principal or designee) who collects classroom attendance data and makes appropriate referrals to the attendance director.

4.7.f. assure that a student may not be suspended solely for failure to attend class; and

4.7.g. ensure all students shall be scheduled in the defined high school course work, college courses, CTE programs, credit recovery, Option Pathway, experiential learning, or virtual college courses for the full instructional day during grades 9-12 per Policy 2510.

4.7.h. ensure each parent/guardian/custodian is aware of their responsibility for fully cooperating in and completing the enrollment process by providing:

4.7.h.1. immunization documentation (W. Va. Code § 16-3-4);

4.7.h.2. copy of a certified birth certificate or affidavit (W. Va. Code § 18-2-5c);

4.7.h.3. signed suspension and expulsion document (W. Va. Code § 18-5-15); and

4.7.h.4. any other documents required by federal, state, and/or local policies or code.

W. Va. Code R. § 126-81-4