Omar Bennett
In West Virginia, truancy is a misdemeanor offense. Students who miss school without a valid excuse are considered truant. A valid excuse for an absence is typically defined as a personal illness or injury of the student, accompanied by a timely written excuse from their parent or guardian. Other acceptable excuses include illness or death in the family, exposure to contagious disease, religious holidays, and inclement weather. Schools may also consider absences due to political or civic engagement as excused. To promote regular attendance, schools are required to intervene after a student has accrued three unexcused absences in a school year.
| Characteristics | Values |
|---|---|
| Definition of Truancy | Failing to attend school without a valid excuse |
| Age group | 6-17 years |
| Maximum allowed unexcused absences | 10 days per school year |
| Action after 3 unexcused absences | Attendance director/assistant/principal to contact parent/guardian |
| Action after 5 unexcused absences | Attendance director/assistant/principal to contact parent/guardian |
| Action after 7 unexcused absences | Face-to-face attendance conference with parent/guardian |
| Action after 10 unexcused absences | Complaint filed before a magistrate judge against parent/guardian |
| Fine for first offense | $50-$100 |
| Fine for second offense | $50-$100 |
| Other punishments | Parent may have to accompany the child to school, jail sentence of 5-20 days |
| Excused absence reasons | Personal illness or injury of the student, personal illness or injury of the student's parent/guardian/custodian/family member |
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![West Virginia School Laws Annotated 2025 Edition [LATEST EDITION]](https://m.media-amazon.com/images/I/31GfJn1qjML._AC_UL320_.jpg)
What You'll Learn
Personal illness or injury of the student
In West Virginia, a student's personal illness or injury can be considered an excused absence from school, provided that certain conditions are met. Firstly, the student's parent, guardian, or custodian must provide a timely written excuse explaining the reason for the absence. This documentation must be submitted to the school within three instructional days of the student returning to school. If the documentation is not provided within this timeframe, the absence will be considered unexcused.
It is important to note that the total number of absences due to personal illness or injury cannot exceed 10 per school year unless supported by a physician's note. This limit includes absences for the student's own illness or injury as well as those of their parent, guardian, custodian, or family member. However, in the case of a medically documented chronic health condition or disability that adversely impacts in-person attendance, this limitation does not apply. Schools are required to adhere to the Individuals with Disabilities Education Improvement Act of 2004 and relevant federal and state regulations when handling such cases.
If a student accumulates three unexcused absences during a school year, the attendance director, assistant, or principal will make meaningful contact with the student's parent, guardian, or custodian to understand the reasons for the absences and discuss measures to improve the student's attendance. This process is repeated when the student reaches five unexcused absences. After ten unexcused absences, the attendance director may file a complaint against the parent or guardian, which could result in fines or, in more severe cases, jail time.
To avoid unexcused absences due to personal illness or injury, it is essential for parents or guardians to provide the necessary documentation and to work collaboratively with the school to address any attendance issues. By doing so, they can help ensure their child's overall academic success and well-being.
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Illness or injury of a family member
In West Virginia, a child's absence from school due to an illness or injury in the family is considered an excused absence. However, it is important to note that there are specific requirements that need to be met for this type of absence to be excused.
Firstly, the illness or injury of a family member must be accompanied by a timely written excuse from the student's parent, guardian, or custodian. This excuse should provide a reasonable explanation for the student's absence and clearly state how the illness or injury of the family member necessitated the student's absence.
Secondly, there is a limit to the number of allowed absences under this category. Specifically, the total absences due to a family member's illness or injury should not exceed 10 per school year unless supported by a physician's note. This limit ensures that students do not fall behind academically and helps maintain consistent attendance.
It is important to distinguish between excused and unexcused absences to avoid penalties associated with truancy. In West Virginia, truancy is a serious matter, and both parents and students can face consequences for unexcused absences. These consequences can include fines, court appearances, and even potential jail time for parents. Additionally, students may have their driver's licenses suspended and, in some cases, be withdrawn from school for the remainder of the year.
To ensure compliance and promote regular school attendance, West Virginia has implemented various interventions for unexcused absences. These interventions include early contact with parents, the development of attendance plans, and referrals to multidisciplinary teams for additional support. By taking proactive measures, schools aim to address attendance issues and encourage students to prioritize their education.
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Medical waivers for chronic illnesses
In West Virginia, children between the ages of 6 and 17 are required to attend school. Truancy is defined as the absence of a valid reason for not attending school. Students are allowed a maximum of 10 days of unexcused absence per school year. If a student has a chronic illness that affects their attendance, a medical waiver form can be requested from the county board of education. This form must then be completed and submitted by the child's doctor.
The Bureau for Medical Services (BMS) in West Virginia offers the Medicaid Waiver program, which includes the Intellectual/Developmental Disabilities (I/DD) Waiver. This waiver provides services to help individuals with intellectual and/or developmental disabilities achieve a higher level of self-sufficiency and independence. The waiver is designed for individuals whose conditions are closely related to mental retardation, resulting in impaired intellectual functioning or adaptive behavior. The condition must manifest before the person reaches the age of 22 and is expected to continue indefinitely.
The I/DD Waiver offers a range of services, including instruction, training, support, supervision, and assistance. These services are provided in natural settings, such as homes and communities, rather than specialized facilities. Currently, there are slots available for 4,534 individuals on the I/DD Waiver program. Additionally, there are other support services available for those on the waitlist, such as Service Coordination, Therapeutic Consultant, Behavior Support Professional, and Transportation.
It is important to note that the school has a responsibility to promote regular school attendance and will intervene in cases of repeated unexcused absences. After three unexcused absences, the attendance director, assistant principal, or principal will make meaningful contact with the parent or guardian to understand the reasons for the absences and discuss measures to improve attendance. If unexcused absences continue, the school may file a complaint against the parent or guardian, resulting in potential fines or other legal consequences.
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Truancy as a misdemeanour offence
In West Virginia, truancy is considered a misdemeanour offence. Truancy is defined as the action of failing to attend school without a valid excuse. Children aged 6–17 are required to attend school, and students may have their driver's licence suspended for failure to do so. Truancy laws vary across different states and countries, but generally, it is considered an offence when a student accumulates a certain number of unexcused absences.
In West Virginia, a student is allowed a total of 10 days of unexcused absence per school year. An absence without a valid excuse, such as a parent's note or a doctor's note, is considered unexcused. After three unexcused absences, the school's attendance director, assistant principal, or principal will make meaningful contact with the parent or guardian to discuss the reasons for the absences and offer assistance. This communication will occur again after five unexcused absences.
If a student reaches seven unexcused absences, the school will schedule a face-to-face attendance conference with the parent or guardian. This conference must be held within 10 school days of the tenth unexcused absence. If the student continues to accumulate unexcused absences, the school may refer the case to social services or a juvenile prosecutor.
For the first offence, the parent of a child under 18 will be fined $50–$100 and may have to accompany the child to school. If a second offence occurs, the parent will be fined again and may have to spend the entire day at school with the child. The judge could also sentence the parent to 5–20 days in jail.
While truancy is not a crime in most places, habitual truancy can result in juvenile proceedings. In some countries, such as Canada and Australia, fines are reserved for truant minors, while in other parts of the US, parents can face criminal charges for their child's truancy.
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Parent-teacher contact after 3 unexcused absences
In West Virginia, truancy is defined as the action of failing to attend school without a valid excuse. Children aged 6-17 years old must attend school. Beginning in the 2019-2020 school year, compulsory school attendance will begin for children who turn 6 by July 1. If a child is over 17 and still enrolled in school, they must attend until they graduate, drop out, or get their GED.
A student can have a total of 10 unexcused absences per school year. An absence will not be excused if the student misses school for a reason that is not valid, such as choosing to stay home and relax for the day. If a student has a chronic illness that affects their attendance, the parent or guardian should request a medical waiver form from the county board of education for the child's doctor to complete and submit.
After three unexcused absences, the attendance director, assistant principal, or principal is required to make meaningful contact with the parent, guardian, or custodian of the student. This contact should be made to understand the reasons for the unexcused absences and to discuss measures to improve the student's attendance. This process is known as early intervention and is designed to address unexcused absences and promote regular school attendance.
During direct contact with the parent, reasons for non-attendance should be documented, and the consequences of further non-attendance should be explained. An attendance plan should be developed collaboratively with the parent and student to address the issues leading to unexcused absences. This may include referring the student and parent to a school-based multi-disciplinary team for additional support in implementing the attendance plan.
If a student reaches five unexcused absences, the school principal or their designee must make reasonable efforts to ensure direct contact with the parent. This contact serves to reiterate the importance of attendance and the potential consequences of further unexcused absences.
It is important to note that if a student's parent is intentionally non-compliant with compulsory attendance requirements, the school principal or their designee may refer the case to the attendance officer. The attendance officer can then take further steps, including filing a complaint with the appropriate court or initiating proceedings against the parent.
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