Interpretation's Date: December 4, 2002
by superintendent David Stewart
Section: IV. Students
December 4, 2002
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:
"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."
Hoping that I have been of service, I am,