HB 4656 — Relating to chronic absenteeism
Last action — On 2nd reading, rereferred to Education
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1Introduced
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2In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Relating to chronic absenteeism
Bill Text
What changed in the latest version
52 added · 52 removedPlain-language change summary
The updated version of Bill HB 4656 clarifies several roles and responsibilities related to student attendance and support services. Notably, it removes the designation of truancy as a status offense, replacing it with a framework that recognizes chronic absenteeism as a basis for intervention under juvenile justice provisions. This matters because it shifts emphasis from punitive measures to supportive services aimed at addressing the underlying issues of absenteeism, potentially helping students receive the assistance they need to improve their attendance and success in school.
CS for HB 4656 WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 4656 By Delegates Ellington, Statler, Toney, Akers, Willis, Hornby, Crouse, Pritt, Mallow, and Dittman [Introduced in the Committee on the Judiciary on February 18, 2026] Eng CS for HB 4656 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 timeline and parameters for transition from truancy as a status offense to 1 Eng CS for HB 4656 a finding of a child in need of supervision;
2 Eng CS for HB 4656 (2) The compulsory school attendance provision of this article shall be enforced against a 2 CS for HB 4656 person 18 years of age or older for as long as the person continues to be enrolled in a school system and may not be enforced against the parent, guardian, or custodian of the a person 18 years of age or older.
3 Eng CS for HB 4656 (e) A student from another state, or who is eligible to enroll in a public school in this state, 3 CS for HB 4656 shall be enrolled in the same grade in a public school in West Virginia as the student was enrolled at the school or program from which the student transferred.
The magistrate or circuit court judge, upon conviction and pronouncing sentence, may delay the imposition of a fine for a period of 60 school days provided the person is 4 Eng CS for HB 4656 in attendance every day during said 60-day period.
Following the 60-day period, if the student was 4 CS for HB 4656 present at school every day, the delayed sentence may be suspended and dismissed.
5 Eng CS for HB 4656 (A) The attendance director, his or her assistant or the principal were unable to establish 5 CS for HB 4656 meaningful contact with the student’s parent, guardian or custodian;
and 6 Eng CS for HB 4656 (G) A military requirement for students enlisted or enlisting in the military.
6 CS for HB 4656 (H) Up to five college visits;
7 Eng CS for HB 4656 (J) The total amount of excused absences under paragraphs (E), (H), and (I) of this 7 CS for HB 4656 subdivision may not exceed more than 10 per school year.
8 Eng CS for HB 4656 (7) “'Wraparound Services” means a family-driven, strengths-based, team-oriented 8 CS for HB 4656 service planning and coordination process for children and youth with complex behavioral, emotional, or mental health needs as approved by the Department of Human Services. Wraparound services integrate formal services and informal supports across systems to develop and implement an individualized plan of care.
(e) In the case of five total unexcused absences, the attendance director, his or her assistant or the principal shall again make meaningful contact with the parent, guardian, or 9 Eng CS for HB 4656 custodian of the student to ascertain the reasons for the unexcused absences and what measures 9 CS for HB 4656 the school may employ to assist the student in attending school and not incurring any additional unexcused absences:
10 Eng CS for HB 4656 (h) When any doubt exists as to the age of a student absent from school, the attendance director and his or her assistants may require a properly attested birth certificate or an affidavit 10 CS for HB 4656 from the parent, guardian, or custodian of the student stating the age of the student.
11 Eng CS for HB 4656 (6) Assist in any other ways directed by the county superintendent for improving school attendance;
11 CS for HB 4656 (7) Make home visits of students who have excessive unexcused absences, as provided in subsection (a) of this section, or if requested by the chief administrator, principal, or assistant principal;
Provided, That any child student who was or should be enrolled in a particular school, but who is at the time enrolled in another school shall 12 Eng CS for HB 4656 be considered as attending the school in which enrolled and shall be included only in the report of attendance from the school in which the child is enrolled at the time.
If the principal, administrative head or other chief administrator of a school determines that 12 CS for HB 4656 an enrolled pupil has accumulated unexcused absences from attendance at such school for five instructional days during any one half of the instructional term, the principal, administrative head or other chief administrator shall contact any parent, guardian or custodian of the pupil and shall hold a meeting with any person so contacted, and the pupil, and any other person that the administrator deems a relevant participant in such meeting §18-8-6a.
(b) A county board that enters into an agreement with the circuit court of the county that (1) provides for the referral of chronically absent students for supervision by the student support specialist, as defined by §18-8-4 of this code and (2) requires the county board to pay for the costs 13 Eng CS for HB 4656 of the student support specialist assigned therefore, shall be reimbursed for one half of the costs of the student support specialist, subject to appropriation of the Legislature for this purpose to the 13 CS for HB 4656 West Virginia Department of Education.
Once a child or juvenile is transferred to a court with criminal jurisdiction pursuant to section 14 Eng CS for HB 4656 seven hundred ten, article four of this chapter, he or she shall remain a child or juvenile for the purposes of the applicability of this chapter.
Unless otherwise stated, for the purpose of child care 14 CS for HB 4656 services "child" means an individual who meets one of the following conditions:
(A) Is eighteen years of age but under twenty-one years of age, was in the custody of the Department of Human Services upon reaching eighteen years of age and committed an act of delinquency before reaching eighteen years of age, remains under the jurisdiction of the juvenile 15 Eng CS for HB 4656 court, and requires supervision and care to complete an education and or treatment program which was initiated prior to the eighteenth birthday;
or (B) Is eighteen years of age but under twenty-one years of age, was adjudicated abused, 15 CS for HB 4656 neglected, or in the custody of the Department of Human Services upon reaching eighteen years of age and enters into a contract with the Department of Human Services to continue in an educational, training, or treatment program which was initiated prior to the eighteenth birthday.
16 Eng CS for HB 4656 "Child placing agency" means a child welfare agency organized for the purpose of placing children in private family homes for foster care or for adoption.
The function of a child placing agency may include the investigation and certification of foster family homes and foster family 16 CS for HB 4656 group homes as provided in this chapter.
17 Eng CS for HB 4656 (D) Reporting and supervision requirements;
and 17 CS for HB 4656 (F) Rehabilitative interventions such as family counseling, substance abuse treatment, restorative justice programs, and behavioral or mental health treatment.
18 Eng CS for HB 4656 (ii) Has agreed to engage in activities to improve service systems for children and families within the community;
18 CS for HB 4656 (iii) Addresses a geographic area of a county or two or more contiguous counties;
19 Eng CS for HB 4656 "Foster parent" means a person with whom the department has placed a child and who has been certified by the department, a child placing agency, or another agent of the department to provide foster care.
19 CS for HB 4656 (A) Developmental screening;
20 Eng CS for HB 4656 "Kinship placement" means the placement of the child with a relative of the child, as defined herein, or a placement of a child with a fictive kin, as defined herein.
20 CS for HB 4656 "Nonsecure facility" means any public or private residential facility not characterized by construction fixtures designed to physically restrict the movements and activities of individuals held in lawful custody in that facility and which provides its residents access to the surrounding community with supervision.
21 Eng CS for HB 4656 "Pre-adjudicatory community supervision" means supervision provided to a youth prior to adjudication, for a period of supervision up to one year for an alleged status or delinquency offense.
21 CS for HB 4656 "Regional family support council" means the council established by the regional family support agency to carry out the responsibilities specified in §49-2-601 et seq.
22 Eng CS for HB 4656 "Secure facility" means any public or private residential facility which includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility.
"Staff secure facility" means any public or private residential facility characterized by staff restrictions of the movements and activities of individuals held in lawful custody in such facility, and 22 CS for HB 4656 which limits its residents’ access to the surrounding community, but is not characterized by construction fixtures designed to physically restrict the movements and activities of residents.
ProvidedProvided, That,That a student support specialist shall have all the powers and duties of a truancy diversion specialist with respect to any petition for truancy as a status offense pending between July 1, 2026 and December 31, 2026 until an order retaining jurisdiction or dismissing the petition is entered pursuant to § 49-4-701(f)(2) of this Code.code.
"Time-limited reunification services" means individual, group, and family counseling, inpatient, residential, or outpatient substance abuse treatment services, mental health services, assistance to address domestic violence, services designed to provide temporary child care, and therapeutic services for families, including crisis nurseries and transportation to or from those services, provided during 15 of the most recent 22 months a child or juvenile has been in foster or 23 Eng CS for HB 4656 in a kinship placement, as determined by the earlier date of the first judicial finding that the child is subjected to abuse or neglect, or the date which is 60 days after the child or juvenile is removed from home.
23 CS for HB 4656 "Truancy diversion specialist" means a school-based probation officer or truancy social worker within a school or schools who, among other responsibilities, identifies truants and the causes of the truant behavior, and assists in developing a plan to reduce the truant behavior prior to court involvementinvolvement. ARTICLE 4.
ARTICLE 4.
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(c) Notwithstanding any other provision of this article, magistrate courts have concurrent juvenile jurisdiction with the circuit court for a violation of a traffic law of West Virginia, for a violation of section nine, article six, chapter sixty §60-6-9, section three or section four, article nine- 24 Eng CS for HB 4656 a, chapter sixteen §16-9A-3 and 16-9A-4,§16-9A-4, or section nineteen, article sixteen, chapter eleven §11-§11-16-19 16-19 of this code, or for any violation of chapter twenty of this code.
(d) Notwithstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the circuit court for a violation of any municipal ordinance regulating traffic, 24 CS for HB 4656 for any municipal curfew ordinance which is enforceable or for any municipal ordinance regulating or prohibiting public intoxication, drinking or possessing alcoholic liquor or nonintoxicating beer in public places, any other act prohibited by section nine, article six, chapter sixty §60-6-9 or section nineteen, article sixteen, chapter eleven §11-16-19 of this code or underage possession or use of tobacco or tobacco products, as provided in article nine-a, chapter sixteen §16-9A-1,§16-9A-1 et seq.
The court has 25 Eng CS for HB 4656 the same power over that person that it had before he or she became an adult, and has the power to sentence that person to a term of incarceration:
25 CS for HB 4656 (2) If a juvenile petition is brought due to a juvenile’s chronic absenteeism, is adjudicated as a status offender because he or she is habitually absent from school without good cause, the jurisdiction of the court in which the petition was filed which adjudged the juvenile a status offender continues until either the juvenile becomes twenty-one years of age, completes high school, completes a high school equivalent or other education plan approved by the court, or the court otherwise voluntarily relinquishes jurisdiction, whichever occurs first.
No person so adjudicated Provided, That,That no person who has attained the age of nineteen may be ordered to attend school in a regular, nonalternative setting.
26 Eng CS for HB 4656 (h) A juvenile has the right to be effectively represented by counsel at all stages of proceedings under this article, including participation in multidisciplinary team meetings, until the child is no longer under the jurisdiction of the court.
26 CS for HB 4656 (i)(1) In all proceedings under this article, the juvenile will be afforded a meaningful opportunity to be heard.
Except for res gestae, extrajudicial statements made by a juvenile who has not attained sixteen years of age but who is at least fourteen years of age to law-enforcement officers or while in custody, are not admissible 27 Eng CS for HB 4656 unless made in the presence of the juvenile's counsel or made in the presence of, and with the consent of, the juvenile's parent or custodian, and the parent or custodian has been fully informed regarding the juvenile's right to a prompt detention hearing, the juvenile's right to counsel, including appointed counsel if the juvenile cannot afford counsel, and the juvenile's privilege against self-incrimination.
(m) A transcript or recording shall be made of all transfer, adjudicatory and dispositional 27 CS for HB 4656 hearings held in circuit court.
28 Eng CS for HB 4656 (2) If the matter is for a status offense other than truancy, the prosecutor shall refer the juvenile to a case worker or probation officer who shall develop a diversion program pursuant to subsection (d) of this section.
or (B) There exists a significant and likely risk of harm to the juvenile, a family member, or the 28 CS for HB 4656 public.
29 Eng CS for HB 4656 (C) Referral to one or more community work service programs for the juvenile;
29 CS for HB 4656 (4) Upon request by the case worker, probation officer or truancy diversion specialist student support specialist, the court may enter reasonable and relevant orders to the parent, custodian, or guardian of the juvenile who have consented to the diversion agreement as is necessary and proper to carry out the agreement.
30 Eng CS for HB 4656 (f)(1) The prepetition review team may be a subset of a multidisciplinary team established pursuant to §49-4-406 of this code.
or (D) Any other person, agency representative, member of the juvenile's family, or a 30 CS for HB 4656 custodian or guardian who may assist in providing recommendations on community services for the particular needs of the juvenile and his or her family.
31 Eng CS for HB 4656 (h) The circuit court shall have jurisdiction to monitor a diversion program established pursuant to a petition for protection of a child in need of supervision until the conclusion of the diversion program.
(a) The court at any time, or the department or other official upon a request from a parent, guardian or custodian, may, before a petition is filed under this article, refer a juvenile alleged to be chronically absent, a delinquent or a status offender to a counselor at the department or a 31 CS for HB 4656 community mental health center, or other professional counselor in the community or to a truancy diversion specialist student support specialist.
and 32 Eng CS for HB 4656 (3) The juvenile and his or her parents, guardian or other custodian consent thereto with knowledge that consent is not obligatory.
At the outset of an adjudicatory hearing, the court shall inquire of the juvenile whether he or 32 CS for HB 4656 she wishes to admit or deny the allegations in the petition.
(4) If the allegations in a petition alleging that the juvenile is a status offender are admitted or sustained by clear and convincing evidence, the court shall consider the results of the needs assessment, as defined in §49-1-206 of this code, prior to or at the disposition and refer the juvenile to the Department of Human Services for services, pursuant to §49-4-712 of this code, and order the department to report back to the court with regard to the juvenile’s progress at least every 90 days or until the court, upon motion or sua sponte, orders further disposition under §49-4- 33 Eng CS for HB 4656 712 of this code or dismisses the case from its docket.
33 CS for HB 4656 (6) Findings of fact and conclusions of law addressed to all allegations in the petition shall be stated on the record or reduced to writing and filed with the record or incorporated into the order of the court.
34 Eng CS for HB 4656 (b) If the juvenile, or his or her parent, guardian, or custodian, fails to comply with the services provided in subsection (a) of this section, the department may petition the circuit court:
Provided, That a juvenile 34 CS for HB 4656 adjudicated as a status offender or a child in need of supervision being monitored by the circuit court may not be placed in an out-of-home placement, excluding placements made for abuse and neglect, if that juvenile has had no prior adjudications for a status or delinquency offense, or no prior disposition to a pre-adjudicatory improvement period or probation for the current matter:
35 Eng CS for HB 4656 (2) The findings of fact shall include the factors that indicate:
Any order providing disposition other than 35 CS for HB 4656 mandatory referral to the department for services is subject to appeal to the Supreme Court of Appeals.
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View plain text versions (3)
- Committee Substitute Engrossed Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version Current pdf
Action History
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Filed for introduction
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To Education then Judiciary
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Introduced in House
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To House Education
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Markup Discussion
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Do pass, but first to Judiciary
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To House Judiciary
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Markup Discussion
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By substitute, do pass
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On 1st reading, Special Calendar
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Read 1st time
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On 2nd reading, Special Calendar
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Read 2nd time
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On 3rd reading, Special Calendar
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Read 3rd time
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Passed House (Roll No. 171)
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Communicated to Senate
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Introduced in Senate
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To Education then Finance
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To Education
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Without recommendation, but first rereferred to Education then Finance
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Immediate consideration
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Read 1st time
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On 2nd reading, rereferred to Education
Sponsors
- Joe Ellington · Primary
- Joe Statler · Cosponsor
- Christopher W. Toney · Cosponsor
- James Robert "JB" Akers II · Cosponsor
- Jimmy Willis · Cosponsor
- Michael Hornby · Cosponsor
- Kathie Hess Crouse · Cosponsor
- Vacant1 · Cosponsor
- Phil Mallow · Cosponsor
- Lori Dittman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 9 co-sponsors · 142 not signed on
Sponsors (1)
- Joe Ellington Republican
Co-sponsors (9)
- Joe Statler Republican
- Christopher W. Toney Republican
- James Robert "JB" Akers II Republican
- Jimmy Willis Republican
- Michael Hornby Republican
- Kathie Hess Crouse Republican
- Vacant1 Republican
- Phil Mallow Republican
- Lori Dittman Republican
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 85 | 0 | 0 | 3 |
| Democrat | 9 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Total | 96 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Flanigan | — | Yea |
| Linville | — | Yea |
| Kump | — | Not Voting |
| Anitra Hamilton | Democrat | Yea |
| Evan Hansen | Democrat | Yea |
| Hollis Lewis | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Rick Garcia | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Not Voting |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Bell | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Not Voting |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Yea |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | Republican | Yea |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Yea |
| Gregory A. Watt | Republican | Yea |
| Guy Ward | Republican | Yea |
| Henry Dillon | Republican | Yea |
| Ian T. Masters | Republican | Not Voting |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Jordan | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | Republican | Yea |
| Jonathan Pinson | Republican | Yea |
| Jordan Bridges | Republican | Yea |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | Republican | Yea |
| Michael Hite | Republican | Yea |
| Michael Hornby | Republican | Yea |
| Mickey Petitto | Republican | Yea |
| Pat McGeehan | Republican | Yea |
| Patrick Lucas | Republican | Yea |
| Phil Mallow | Republican | Yea |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 4656 do?
- Relating to chronic absenteeism
- Who sponsors HB 4656?
- HB 4656 is sponsored by Joe Ellington (Republican), Joe Statler (Republican), Christopher W. Toney (Republican), James Robert "JB" Akers II (Republican), Jimmy Willis (Republican), Michael Hornby (Republican), Kathie Hess Crouse (Republican), Vacant1 (Republican), Phil Mallow (Republican), and Lori Dittman (Republican).
- What is the current status of HB 4656?
- This bill died with 2026 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 4656?
- Track HB 4656 free on One Click Politics — get push/email alerts when it moves.
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