WEST VIRGINIA LEGISLATURE
    2023 REGULAR SESSION
               ENROLLED
          Senate Bill 625
               By Senator Rucker [Passed March 11, 2023; in effect 90 days from passage]
     Enr SB 625
1    AN ACT to amend and reenact §18-8-1a of the Code of West Virginia, 1931, as amended, relating
2           to regarding certain transcripts or credentials of microschool programs to be accepted as
3           record of student's previous performance for placement and credit assignment.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE              8.          COMPULSORY                  SCHOOL               ATTENDANCE.
     §18-8-1a. Commencement and termination of compulsory school attendance; public school entrance requirements; exceptions.
1           (a) Notwithstanding the provisions of section one of this article, compulsory school
2    attendance begins with the school year in which the sixth birthday is reached prior to July 1 of such
3    year or upon enrolling in a full-time publicly funded kindergarten program, and continues to the
4    17th birthday or for as long as the student continues to be enrolled in a school system after the
5    17th birthday.
6           (1) A child may be removed from such kindergarten program when the parent or guardian
7    determines that the best interest of the child would not be served by requiring further attendance:
8    Provided, That the principal shall make the final determination with regard to compulsory school
9    attendance in a publicly supported kindergarten program.
10          (2) The compulsory school attendance provision of this article shall be enforced against a
11   person 18 years of age or older for as long as the person continues to be enrolled in a school
12   system and may not be enforced against the parent, guardian, or custodian of the person.
13          (3) Notwithstanding the provisions of section one of this article, compulsory school
14   attendance begins with the school year in which the sixth birthday is reached prior to September 1
15   of such year or upon enrolling in a publicly supported kindergarten program and continues to the
16   seventeenth birthday or for as long as the student continues to be enrolled in a school system after
17   the 17th birthday: Provided, That beginning in the school year 2019-2020, compulsory school
18   attendance begins with the school year in which the sixth birthday is reached prior to July 1 of such
19   year or upon enrolling in a publicly supported kindergarten program.
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     Enr SB 625
20          (b) A parent, as defined in §18-31-2 of this code, shall have the option, prior to enrolling in a
21   publicly supported kindergarten program, to apply for a Hope Scholarship on behalf of his or her
22   child as set forth in §18-31-1 et seq. of this code. Every year thereafter, a parent shall have the
23   option to renew his or her child’s enrollment in the Hope Scholarship Program pursuant to §18-31-
24   8 of this code.
25          (c) Attendance at a state-approved, nonpublic kindergarten program, including a
26   Montessori kindergarten program as provided in §18-5-18 of this code, homeschool kindergarten
27   program, Hope Scholarship kindergarten program, or private, parochial, or church kindergarten
28   program recognized under §18-8-1(k) of this code is deemed school attendance for the purposes
29   of this section. Students entering the public school system after such kindergarten program shall
30   be placed in the developmentally and academically appropriate grade level.
31          (d) Notwithstanding the provisions of this section and §18-5-18 of this code, a county board
32   may provide for advanced entrance or placement under policies adopted by said board for any
33   child who has demonstrated sufficient mental and physical competency for such entrance or
34   placement.
35          (e) A student from another state, or who is eligible to enroll in a public school in this state,
36   shall be enrolled in the same grade in a public school in West Virginia as the student was enrolled
37   at the school or program from which the student transferred. A transcript or other credential
38   provided by a public school program, private school program, homeschool program, microschool
39   program, or HOPE scholarship program shall be accepted by a public school in this state as a
40   record of a student’s previous academic performance for the purposes of placement and credit
41   assignment.
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Statutes affected: Introduced Version: 18-8-1a
Enrolled Version: 18-8-1a