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WV HB4656

WV HB4656
Relating to chronic absenteeism


summary

Introduced
01/21/2026
In Committee
01/28/2026
Crossed Over
02/24/2026
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend and reenact §18-8-1a, §18-8-2, §18-8-4, §18-8-5, §18-8-6a, §21-6-9, §49-1-202, §49-1-206, §49-4-701, §49-4-702, §49-4-702a, §49-4-711 and §49-4-712 of the Code of West Virginia, 1931, as amended, relating to chronic absenteeism; providing that the compulsory school attendance requirement ends on the student’s 18th birthday; providing that students with exceptionalities may be required to meet different attendance measures; removing criminal penalties for 18 year old students who are chronically absent; adding definitions for chronically absent or chronic absenteeism, student support specialist and wraparound services; providing that 18 year olds shall receive the same notice of unexcused absences as parents, guardians, and custodians; providing that upon recommendation of the teacher, social worker, or principal, the school may refer the student to the Department of Human Services for wraparound services; providing that a student who is 18 years old and has 10 unexcused absences shall be advised of the consequences of failing to comply with attendance policies; adding coordination of wraparound services Department of Human Services to county attendance director duties; removing obsolete or conflicting statutory language regarding principal, administrative head, or other chief administrator duties and clarifying their duty to ensure compliance with compulsory attendance requirements; providing that if a student who is under 18 years of age is found to be chronically absent, the county prosecutor may petition the circuit court for protection of the student as a child in need of supervision pursuant to juvenile justice provisions; amending legislative appropriation language to match new definitions; removing reference to truancy officers in child labor enforcement section; removing truancy as a status offense and defining child in need of supervision; clarifying that the definition of student support specialist includes the powers and duties of truancy support specialist; replacing references to truancy support specialist with student support specialist; establishing juvenile jurisdiction of circuit courts for juveniles who are chronically absent; providing timeline and parameters for transition from truancy as a status offense to a finding of a child in need of supervision; providing that all remaining truancy status offenses that have not been converted to a petition for protection of a child in need of supervision shall be dismissed, effective July 1, 2027; providing that chronically absent students may be referred to a prepetition diversion program; clarifying the court’s role in monitoring prepetition diversion programs; providing that chronically absent students may be referred noncustodial counseling or community services; removing truancy reference from status offense provisions; clarifying the court’s role in providing intervention on behalf of a child in need of supervision; providing that a child in need of supervision may not be place in out-of-home placement or a Bureau of Juvenile Services facility; and making technical changes throughout.

AI Summary

This bill modifies West Virginia's laws concerning chronic absenteeism by extending the compulsory school attendance requirement to a student's 18th birthday and removing criminal penalties for 18-year-old students who are chronically absent. It introduces new definitions for "chronically absent" or "chronic absenteeism," "student support specialist" (a professional who helps reduce student absences), and "wraparound services" (family-driven, team-oriented support for children with complex needs). The bill also clarifies that students with exceptionalities may have different attendance requirements and allows for referrals to the Department of Human Services for wraparound services upon recommendation from school staff. Furthermore, it shifts the legal framework for truancy from a "status offense" to a "child in need of supervision," with circuit courts gaining jurisdiction over chronically absent students under 18, who can be referred to diversion programs or counseling. The bill also makes technical changes and removes outdated language related to truancy officers and status offenses, aiming to provide more supportive interventions for students struggling with attendance.

Committee Categories

Education, Justice

Sponsors (10)

Last Action

Communicated to Senate (on 02/24/2026)

bill text


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