W. Va. Code R. § 126-84-4

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

Section 126-84-4 - Responsibilities

4.1. WVBE responsibilities.

4.1.a. Encourage daily attendance and appropriate student conduct, set academic graduation requirements for public schools, and mandate that county school systems collect and report student performance data regarding these student behaviors.

4.1.b. Define Driver's Eligibility Certificate criteria in uniform quantifiable measures to assure that the process is applied equally to all students ages 15 to 18 who are enrolled in West Virginia public schools.

4.2. County board of education responsibilities.

4.2.a. Support and require the county attendance director and all school administrators to implement and execute the duties defined in W. Va. §126CSR81, Policy 4110, Attendance (Policy 4110).

4.2.b. Incorporate the appropriate components of this policy into existing county attendance, student code of conduct, and academic requirement policies.

4.2.c. Support and require the county attendance director and all school administrators to implement and execute the following duties defined in W. Va. Code § 18-8-11 regarding driver's eligibility for a license or instruction permit to operate a motor vehicle:

4.2.c.1. provide, upon request, a Driver's Eligibility Certificate on a form (hard-copy or electronic) approved by West Virginia Department of Education (WVDE) to any student at least 15 but less than 18 years of age who is in satisfactory standing with regard to attendance, behavior, and academic progress in a school under the jurisdiction of the official for presentation to the WVDMV on application for or reinstatement of an instruction permit or license to operate a motor vehicle.

4.2.c.2. provide notification to the WVDMV when a student, at least 15 but less than 18 years of age, withdraws from school, is suspended pursuant to W. Va. Code § 18A-5-1a and § 18A-5-1b, section 3.4.b, and/or fails to maintain satisfactory academic progress, except when the withdrawal or failure to make satisfactory academic progress is due to circumstances outside the control of the student. Notification must be provided to the WVDMV no later than five days from the date of the withdrawal and/or suspension. Notification must be provided to the WVDMV no later than five days from the end of the school year for failure to maintain satisfactory academic progress.

4.2.c.3. provide the opportunity, upon request, for a student who has been denied a Driver's Eligibility Certificate or has received a revocation notice, to have a hearing before the county superintendent of schools or designee concerning whether the student's withdrawal from school or failure to make satisfactory academic progress was due to a circumstance or circumstances beyond the control of the student. The county superintendent, with the assistance of appropriate staff, shall be the sole judge of whether any of the grounds for denial or suspension of a license or instruction permit are due to a circumstance or circumstances beyond the control of the student.

4.2.d. provide a review process that allows students to have their Driver's Eligibility Certificate reinstated upon demonstration of satisfactory progress as follows:

4.2.d.1. reinstatement requests related to withdrawal for unexcused absences shall be reviewed, as outlined in Policy 4110, at the end of the semester following that in which the withdrawal occurred.

4.2.d.2. reinstatement requests related to failure to make satisfactory academic progress shall be reviewed at the end of each school year for the purpose of reinstating the Driver's Eligibility Certificate.

4.2.d.3. reinstatement requests related to withdrawal for suspension pursuant to W. Va. Code § 18A-5-1a and § 18A-5-1b shall be reviewed after all disciplinary sentences have been served for the purpose of reinstating the Driver's Eligibility Certificate.

W. Va. Code R. § 126-84-4