Page 16 - POLICY GUIDE 2012

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time frame as specified in W. Va. Code §18-8-4(b) of receipt of the notice the parent, guard-
ian, or custodian, accompanied by the child, shall report in person to the school the child at-
tends for a conference with the principal or other designated representative of the school in
order to discuss and correct the circumstances causing the unexcused absences of the child.
If the parent, guardian, or custodian does not comply, then the attendance director
shall make complaint against the parent, guardian, or custodian before a magistrate of the
county. If it appears from the complaint that there is a probable cause to believe that an of-
fense has been committed and that the accused has committed it, a summons or a warrant for
the arrest of the accused shall issue to any officer authorized by law to serve the summons or
to arrest persons charged with offenses against the state. More than one parent, guardian or
custodian may be charged in a complaint. Initial service of the summons or warrant issued
pursuant to the provisions of this section shall continue until the summons or warrant is exe-
cuted or until the end of the school term during which the complaint is made, whichever is
The magistrate court clerk, or the clerk of the circuit court performing the duties of
the magistrate court as authorized in section eight (8), article one (1), chapter fifty (50) of this
code (§50-1-8), shall assign the case to a magistrate within ten (10) days of execution of the
summons or warrant. The hearing shall be held within twenty (20) days of the assignment to
the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at
least ten (10) days advance notice of the date, time, and place of the hearing.
When any doubt exists as to the age of a student absent from school, the attendance
director has the authority to require a properly attested birth certificate or an affidavit from the
parent, guardian, or custodian of the student, stating age of the student. In the performance of
his or her duties, the county attendance director has authority to take without warrant any stu-
dent absent from school in violation of the provisions of this article and to place the student in
the school in which he or she is or should be enrolled.
All attendance directors hired for more than two-hundred days (200) may be as-
signed other duties determined by the superintendent during the period in excess of two-
hundred (200) days. The county attendance director is responsible under direction of the
county superintendent for efficiently administering school attendance in the county.
In addition to those duties directly relating to the administration of attendance, the
county attendance director also shall perform the following duties:
Assist in directing the taking of the school census to see that it is taken at the
time and in the manner provided by law;