SUPERINTENDENT INTERPRETATION
 
Interpretation's Date: September 8, 2003
by superintendent David Stewart
Section: IV. Students
 
Interpretation

September 8, 2003

Sharon Norman, Attendance Director
Wyoming County Schools
P. O. Box 69
Pineville, West Virginia 24874

Dear Ms. Norman:

This is to acknowledge the receipt of your letter dated September 3, 2003 relative to compulsory attendance. Specifically you stated ?Please revisit the State Superintendent?s interpretation issued January 29, 1991 dealing with emancipation and compulsory school attendance. . .?

As you are aware, that interpretation dealt with a married sixteen year old student and the party to whom legal notices should be sent. However, the interpretation did contain useful language to the situation you raise, dealing with a fifteen year old married student who wishes to withdraw from school. In part, it states:

The student is still obligated to attend school because there is no exemption from compulsory school attendance granted for marriage, and compulsory school attendance continues after one?s sixteenth birthday for as long as the student continues to be enrolled in public school. See W.Va. Code 18-8-1 and 1a.

As a result, even though the fifteen year old student is married, and thus emancipated, it is still the opinion of the undersigned that she is not eligible to withdraw from school until she attains the age of sixteen.


Sincerely,

/s/

David Stewart
State Superintendent of Schools
DS/rt