W. Va. Code R. § 126-84-3

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

Section 126-84-3 - Definitions

3.1. Circumstances Beyond the Control of the Student. Circumstances 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 jail or a West Virginia correctional facility is not a circumstance beyond the control of the student and shall be considered an unexcused absence.

3.2. Driver's Eligibility Certificate. Documentation provided by the county to the student verifying that the student has met the attendance, behavioral, and academic expectations set forth by W. Va. Code § 18-8-11 that are required to obtain a license or instruction permit to drive a motor vehicle.

3.3. Satisfactory Academic Progress. Attaining and maintaining grades sufficient to allow graduation and coursework in an amount sufficient to permit graduation in five years or by age 19, whichever is earlier.

3.3.a. 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).

3.3.b. Three of the five credits earned annually must be from the graduation requirements identified in Policy 2510.

3.4. Withdrawal. For the purpose of driver's license eligibility, withdrawal is defined as the following reasons for which the county board of education shall deny or revoke a Driver's Eligibility Certificate from any student at least 15 but less than 18 years of age:

3.4.a. more than 10 consecutive or 15 total days unexcused absences during a school year.

3.4.b. suspensions pursuant to W. Va. Code § 18A-5-1a and § 18A-5-1b which include the following behaviors when committed on the premises of an educational facility, at a school-sponsored function, or on a school bus: assault and/or battery on school employees; possessing deadly weapons; sale of a narcotic drug; committing an act or engaging in conduct that would constitute a felony under W. Va. Code if committed by an adult; and/or unlawfully possessing a control substance governed by the uniform controlled substances act as described in W. Va. Code § 60A-1-101, et seq.

W. Va. Code R. § 126-84-3