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Gilmer County superintendent says state ruling removes educational leave as excused absence; local policy to change
Summary
Dr. Benning told the board that West Virginia code and Board of Education Policy 4110 now exclude "educational leave" from excused absences, limiting parent notes to 10 days and subjecting truancy at 10 unexcused days to magistrate referral; the district will open its attendance policy for comment.
Dr. Benning, superintendent of Gilmer County Schools, told the board the West Virginia Board of Education and state legislative code have changed how absences are coded and that the district must update its attendance policy to comply.
The superintendent said the new guidance and West Virginia Board of Education Policy 4110 (effective 06/07/2024) mean "educational leave is not an excused absence under the state law or West Virginia Board of Education policy," and that the district will no longer code student travel or other voluntary family activities as excused educational leave.
Why it matters: The board was told that limiting educational leave and restricting parent notes to 10 days for personal illness will affect chronic absenteeism calculations and accountability ratings. Dr. Benning said the district's early attendance checks show daily averages generally in the low- to mid-90s by grade and stressed that coding changes could raise the district's official absence counts.
Details and next steps: Dr. Benning summarized the state rules the board must follow: parent notes for personal illness are limited to 10 days; medical documentation for doctor-verified absences must be submitted within three days of returning to school or the absence may be unexcused; absences for vacations or voluntary family activities are not illness-related and therefore will be coded as unexcused. He noted that truancy—defined as 10 unexcused absences—can result in legal charges and that magistrate courts now handle filings initiated by attendance diversion specialists.
District data: Early reporting presented by the superintendent showed daily attendance percentages by grade (kindergarten 94%, first 91%, second 93%, third 94%, fourth 92%, fifth 96%, sixth 95% daily average, seventh 94%, eighth 92%, ninth 90%—the superintendent identified ninth grade as the lowest at about 90%).
The superintendent said the district will publish proposed revisions to its local attendance policy for public comment and adjust coding practices to align with state law and WVBE Policy 4110.
The board did not take a formal vote on policy language at the meeting; Dr. Benning said the administration will circulate changes for comment and bring a recommended policy revision back to the board.
