SB 1020 — Allowing up to five educational leave days within definition of "excused absence"

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 1020 ByBY SenatorSENATOROLIVERIO OliverioBNARNHART [Introduced[Reported February 20,24, 2026;2026, from the Committee on Education] CS for SB 1020 A BILL to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance;

referred to the Committee on Education] Intr SB 1020 2026R4287 A BILL to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance;

requiring the child or parentparent, guardian, or custodian of the child to submit a note from the parentparent, guardian, or custodian within three days after the child returns to school explaining what the day or days were used for;

and requiring state board rule defining what qualifies as educational leave.leave;

allowing certain school personnel to refuse to count a day as an educational leave day if the explanation in the note of what the day was used for does not qualify under the state board rule;

and excluding student excused absences due to participation in 4-H, FFA, and certain other student organization activities from the 10-day limit that currently applies to that type of excused absence plus excused absences due to county- or school-approved curricular or extra-curricular activities and college visits.

Provided, That the total absences under this section combined with absences permitted under paragraph (C) of this subdivision §18-8-4(a)(1)(C) of this code do not exceed more than 10 per school year unless supported by a physician’s note:

Provided, however, That a medically documented chronic health condition or disability that adversely impacts in-person attendance approved by a county school board or the principal is not subject to this limitation, and that absences of students with disabilities shall be in accordance CS for SB 1020 with the Individuals with Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in compliance therewith;

Provided, That the excuse must provide a reasonable explanation for why the student’s absence was necessary and caused by the illness or injury in the family, and the total absences under this section in combination with paragraph (B) of this subdivision §18-8-4(a)(1)(B) of this code may not exceed more than 10 excuses per school year;

Intr SB 1020 2026R4287 (D) Death in the family;

(i) A student who participates in an activity or program sanctioned in paragraph (I) of this subdivision §18-8-4(a)(1)(I) of this code shall be credited as present by the school in which the student is enrolled in the same manner as a student participating in an educational field trip.

A school principal, or the principal's designee, shall not count a student absent for participating in an activity or program sanctioned in paragraph (I) of this subdivision.subdivision §18-8-4(a)(1)(I) of this code.

(ii) An agent of a sanctioned organization set forth in paragraph (I) of this subdivision §18- 8-4(a)(1)(I) of this code shall provide documentation as proof of a student's participation in an activity or program sanctioned in paragraph (I) of this subdivision.subdivision §18-8-4(a)(1)(I) of this code.

CS for SB 1020 (iii) A student shall make up any schoolwork missed while the student was participating in an activity or program sanctioned by paragraph (I) of this subdivision §18-8-4(a)(1)(I) of this code and shall not have the student's class grades adversely affected for lack of attendance or participation due to the student's participation in an activity or program sanctioned in paragraph (I) of this subdivision.subdivision §18-8-4(a)(1)(I) of this code.

(iv) A school principal, or the principal's designee, shall not credit a student who participates in an activity or program sanctioned in paragraph (I) of this subdivision §18-8- 4(a)(1)(I) of this code as present if the student's participation in the activity or program sanctioned in paragraph (I) of this subdivision §18-8-4(a)(1)(I) of this code occurs during any period of time for which the student has been suspended, expelled, or assigned Intr SB 1020 2026R4287 to an alternative school or alternative program under this chapter and the student's suspension, expulsion, or assignment to an alternative school or alternative program would preclude the student from participating in an educational field trip.

(i) The child or parentparent, guardian, or custodian of the child submits a note from the parentparent, guardian, or custodian within three days after the child returns to school explaining what the day or days were used for;

and (ii) The state board shall promulgate a legislative rule pursuant to §29A-3B-1 et seq.

to define what qualifies as educational leave days for the purposes of this paragraph.paragraph;

(K)and (iii) The totalprincipal, amountthe ofprincipal's excuseddesignee, absencesthe undercounty paragraphsattendance (E),director, (H),or andhis (I)or her assistants may refuse to count a day as an educational leave day if the explanation in the note of thiswhat subdivisionthe mayday was used for does not exceedqualify moreas thanan 10educational perleave schoolday year.under the legislative rule promulgated by the state board.

(K) (L)The Nothingtotal inamount thisof sectionexcused shallabsences interfereunder withparagraphs the(E), Every(H), Studentand Succeeds(I) Act§18-8- (2015),4(a)(1)(E) whichof doesthis code and §18-8-4(a)(1)(H) of this code of this subdivision may not differentiateexceed betweenmore excusedthan and10 unexcusedper absences.school year.

CS for SB 1020 (K) (L) Nothing in this section shall interfere with the Every Student Succeeds Act (2015), which does not differentiate between excused and unexcused absences.

(3) "System of Support Plan" ("SOS(SOS Plan")Plan) refers to a plan to be developed by the State Board of Education designed to encourage students to attend school.

Intr SB 1020 2026R4287 (4) "Unexcused absence" means any absence not specifically included in the definition of "excused absence".

(2) Ensure the implementation of the SOS Plan as developed by the state board, including encouraging the attendance of students and imparting upon the parents, guardians, and custodians the important importance of attendance and the seriousness of failing to do so.

CS for SB 1020 (c) All documentation relating to absences shall be provided to the school no later than three instructional days after the first day the student returns to sInschool.In the event documentation is not provided to the school within three instructional days after the first day the student returns to school, the absences are unexcused.

If it appears from the complaint that there is probable cause to Intr SB 1020 2026R4287 believe that an offense 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.

CS for SB 1020 (g) The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in §50-1-8 of this code, shall assign the case to a magistrate within 10 days of execution of the summons or warrant.

Intr SB 1020 2026R4287 (j) In addition to those duties directly relating to the administration of attendance, the county attendance director and his or her assistant directors also shall perform the following duties:

CS for SB 1020 (3) Cooperate with existing state and federal agencies charged with enforcing child labor laws;

(7) Make home visits of students who have excessive unexcused absences, as provided in subsection (a) of this section,section §18-8-4(a) of this code, or if requested by the chief administrator, principal, or assistant principal;

NOTE:

The purpose of this bill is to include up to five educational leave days within the definition of "excused absence" for school attendance purposes.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.