December 4, 2002
462 Oakland Drive
Princeton, West Virginia 24740
Dear Mr. Taylor,
This is to acknowledge the receipt of your letter dated November 30, 2002 relative
to West Virginia Code ?18-8-11(c) and the procedure for a student to obtain documentation of enrollment status for the purpose of obtaining a license or instruction permit to operate a motor vehicle.
In particular, you asked:
Is a students [sic] enrollment for a drivers license based on the
current school year or is it based on the previous school year?
West Virginia Code ?18-8-11(a) states that:
?the division of motor vehicles shall deny a license or
instruction permit for the operation of a motor vehicle to any
person under the age of eighteen who does not at the time of
application present . . . documentation that the person . . . is
enrolled in a secondary school of this state or any other state
. . .?
Additionally, West Virginia Code ?18-8-11(b) provides that:
?The attendance director or chief administrator shall provide
documentation of enrollment status . . . to any student fifteen
years of age but less than eighteen years of age or older upon
request who is properly enrolled . . .Whenever a student fifteen
years of age but less than eighteen years of age withdraws
from school, except as provided in subsection (d) of this
section, the attendance director or chief administrator shall
notify the division of motor vehicles of the withdrawal not later
than five days from the withdrawal date. ?
Finally, West Virginia Code ?18-8-11(c) provides that:
?For the purposes of this section, withdrawal shall be defined
as more than ten consecutive or fifteen days total unexcused
absences during a school year. For the purposes of this
section, suspension or expulsion from school or imprisonment
in a jail or a penitentiary is not a circumstance beyond the
control of such person.?
As a result of the foregoing as well as West Virginia Board of Education Policy 4110,
the enrollment of the student is verified by the chief administrator or county attendance
director based upon the enrollment status of the student at the time of the request. The
status of the student is either ?enrolled? or ?withdrawn? and ?withdrawn?, for the purposes of driving privileges only, includes ten consecutive or fifteen days total unexcused absences. Therefore, only the current school year is examined for verification of the enrollment of the student.
Hoping that I have been of service, I am,
Superintendent of Schools