West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-084 - Student Driver Eligibility Certificate (4150)
Section 126-84-4 - Responsibilities

4.2.c.1. provide, upon request, a Driver's Eligibility Certificate on a form (hard-copy or electronic) approved by West Virginia Department of Education (WVDE) to any student at least 15 but less than 18 years of age who is in satisfactory standing with regard to attendance, behavior, and academic progress in a school under the jurisdiction of the official for presentation to the WVDMV on application for or reinstatement of an instruction permit or license to operate a motor vehicle.

4.2.c.2. provide notification to the WVDMV when a student, at least 15 but less than 18 years of age, withdraws from school, is suspended pursuant to W. Va. Code § 18A-5-1a and § 18A-5-1b, section 3.4.b, and/or fails to maintain satisfactory academic progress, except when the withdrawal or failure to make satisfactory academic progress is due to circumstances outside the control of the student. Notification must be provided to the WVDMV no later than five days from the date of the withdrawal and/or suspension. Notification must be provided to the WVDMV no later than five days from the end of the school year for failure to maintain satisfactory academic progress.

4.2.c.3. provide the opportunity, upon request, for a student who has been denied a Driver's Eligibility Certificate or has received a revocation notice, to have a hearing before the county superintendent of schools or designee concerning whether the student's withdrawal from school or failure to make satisfactory academic progress was due to a circumstance or circumstances beyond the control of the student. The county superintendent, with the assistance of appropriate staff, shall be the sole judge of whether any of the grounds for denial or suspension of a license or instruction permit are due to a circumstance or circumstances beyond the control of the student.

4.2.d.1. reinstatement requests related to withdrawal for unexcused absences shall be reviewed, as outlined in Policy 4110, at the end of the semester following that in which the withdrawal occurred.

4.2.d.2. reinstatement requests related to failure to make satisfactory academic progress shall be reviewed at the end of each school year for the purpose of reinstating the Driver's Eligibility Certificate.

4.2.d.3. reinstatement requests related to withdrawal for suspension pursuant to W. Va. Code § 18A-5-1a and § 18A-5-1b shall be reviewed after all disciplinary sentences have been served for the purpose of reinstating the Driver's Eligibility Certificate.