(1) Ascertain reasons for unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age as defined under section one-a of this article;

(2) Take such steps as are, in their discretion, best calculated to encourage the attendance of students and to impart upon the parents and guardians the importance of attendance and the seriousness of failing to do so;

(3) For the purposes of this article, the following definitions apply:

(A) "Excused absence" includes:

(i) Personal illness or injury of the student;

(ii) Personal illness or injury of the student's parent, guardian, custodian, or family member: 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;

(iii) Medical or dental appointment with written excuse from physician or dentist;

(iv) Chronic medical condition or disability that impacts attendance;

(v) Participation in home or hospital instruction due to an illness or injury or other extraordinary circumstance that warrants home or hospital confinement;

(vi) Calamity, such as a fire or flood;

(vii) Death in the family;

(viii) School-approved or county-approved curricular or extra-curricular activities;

(ix) Judicial obligation or court appearance involving the student;

(x) Military requirement for students enlisted or enlisting in the military;

(xi) Personal or academic circumstances approved by the principal; and

(xii) Such other situations as may be further determined by the county board: Provided, That absences of students with disabilities shall be in accordance with the Individuals with Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in compliance therewith; and

(B) "Unexcused absence" means any absence not specifically included in the definition of "excused absence"; and

(4) 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 school.

(1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;

(2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees;

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

(4) Prepare a report for submission by the county superintendent to the State Superintendent of Schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to §29A-3B-1 et seq. of this code that set forth student absences that are excluded for accountability purposes. The absences that are excluded by rule shall include, but are not limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall file with the county superintendent and county board at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time;

(5) Promote attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct;

(6) Participate in school teachers' conferences with parents and students;

(7) Assist in such other ways as the county superintendent may direct for improving school attendance;

(8) 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; and

(9) Serve as the liaison for homeless children and youth.

7.1.a. Administrative Practices.

7.1.a.6. Implement a system to monitor absences and dropout rates and, when appropriate, developing plans to reduce the student absenteeism and dropout rates.

4.3.a. establish an attendance policy as described in section 6.

4.3.b. employ a certified county director of school attendance as required by W. Va. Code §18-8-3.

4.3.c. support and require the county attendance director to implement and execute the duties as defined in W. Va. Code §18-8-4:

4.3.c.1. The attendance director and assistant director shall diligently promote regular school attendance through meaningful contact. They shall ascertain reasons for unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age. They shall take such steps as are, in their discretion, best calculated to encourage the attendance of students and to impart upon the parents/guardians/custodians the importance of attendance and the seriousness of failing to attend school regularly.

4.3.c.2. In the case of three total Unexcused Absences of a student during a school year, the attendance director, assistant director, or principal shall make meaningful contact with the parent/guardian/custodian of the student to ascertain the reasons for the Unexcused Absences and what measures the school may employ to assist the student in attending and not incurring any additional Unexcused Absences.

4.3.c.3. In the case of five total Unexcused Absences, the attendance director or assistant director or principal shall again make meaningful contact with the parent/guardian/custodian of the student to ascertain the reasons for the Unexcused Absences and what measures the school may employ to assist the student in attending school and not incurring any additional Unexcused Absences.

4.3.c.4. In the case of 10 total Unexcused Absences of a student during a school year, the attendance director or assistant director may make complaint against the parent/guardian/custodian before a magistrate of the county. If it appears from the complaint that there is a probable cause to 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. More than one parent/guardian/custodian may be charged in a complaint. Initial service of the summons or warrant issued pursuant to the provisions of W. Va. Code §18-8-4 shall be attempted within 10 calendar days of the receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later.

4.3.c.5. When calculating Unexcused Absences for the purpose of making complaints against a parent/guardian/custodian before a magistrate, Unexcused Absences resulting from suspensions or expulsions from school shall not be considered.

4.3.c.6. The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in W. Va. Code §50-1-8, shall assign the case to a magistrate within 10 days of execution of the summons or warrant. The hearing shall be held within 20 days of the assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least 10 days advance notice of the date, time, and place of the hearing.

4.3.c.7. When any doubt exists as to the age of a student absent from school, the attendance director or assistant director has authority to require a properly attested birth certificate or an affidavit from the parent/guardian/custodian of the student, stating age of the student. In the performance of their duties, the attendance director or assistant director has authority to take without warrant any student absent from school in violation of the provisions of this article and to place the student in the school in which the student is or should be enrolled.

4.3.c.8. All attendance directors and assistant directors hired for more than 200 days may be assigned other duties determined by the superintendent during the period in excess of 200 days. The county attendance director is responsible under direction of the superintendent for efficiently administering school attendance in the county.

4.3.c.9. In addition to those duties directly relating to the administration of attendance, the attendance director and assistant director shall:

4.3.c.9.A. assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law;

4.3.c.9.B. confer with principals and teachers on the comparison of school census and enrollment for the detection of possible non-enrollees;

4.3.c.9.C. cooperate with existing state and federal agencies charged with enforcing child labor laws;

4.3.c.9.D. promote attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through media, or in such manner as the superintendent may direct;

4.3.c.9.E. participate in teachers' conferences with parents/guardians/custodians and students;

4.3.c.9.F. assist in such other ways as the superintendent may direct for improving school attendance; and

4.3.c.9.G. make home visits of students who have excessive Unexcused Absences or if requested by the chief administrator, principal, or assistant principal.

4.3.c.10. The attendance director shall serve as the liaison for homeless children and youth as defined in W. Va. Code §18-8-4 and defined in McKinney-Vento Act. The attendance director shall:

4.3.c.10.A. ensure that public notice of the educational rights of students in homeless situations is disseminated where children and youth receive services;

4.3.c.10.B. ensure that parents/guardians/custodians are informed of educational and related opportunities available to their children, and are provided with meaningful opportunities to participate in the education of their children;

4.3.c.10.C. ensure that parents/guardians/custodians are informed of, and assisted in accessing, all transportation services for their children, including to the school of origin;

4.3.c.10.D. help unaccompanied youth choose and enroll in a school, after considering the youth's wishes, and provide the youth with notice of the right to appeal the county's decision;

4.3.c.10.E. immediately assist in obtaining immunizations or record of immunizations or other medical records for those students who do not have them, and assure that students are enrolled in school while the records are being obtained;

4.3.c.10.F. ensure that homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies;

4.3.c.10.G. ensure that homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that county;

4.3.c.10.H. ensure that homeless families, children, and youth receive educational services for which such families, children, and youths are eligible including Head Start and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services; and

4.3.c.10.I. ensure that enrollment disputes are mediated as outlined in Paragraph (3)(E) of the McKinney-Vento Act.

4.3.c.11. The attendance director shall file with the superintendent and county board of education, at the close of each month, a report showing activities of the attendance office and the status of attendance in the county at the time due to provisions in W. Va. Code §18-8-4.

4.3.d. support and require the principal to implement and execute the duties as defined in W. Va. Code §18-8-5:

4.3.d.1. The principal shall compare school numbers with school enrollment monthly.

4.3.d.2. In the case of five total Unexcused Absences, the attendance director or assistant director or principal shall make meaningful contact with the parent/guardian/custodian of the student to ascertain the reasons for the Unexcused Absences and what measures the school may employ to assist the student in attending and not incurring any additional Unexcused Absences.

4.3.d.3. It shall be the duty of the principal of each school, whether public or private, to make meaningful contact and provide prompt reports to the attendance director, or proper assistant director, of all cases of Unexcused Absences arising within the school which require the services of an attendance worker.

4.3.d.4. A student whose educational services are guided by an existing SAT Plan, IEP, or Section 504 Plan may warrant special consideration when a pattern of single, multiple, or chronic absences exist. The student's current status should be reviewed by the SAT, IEP, or Section 504 Plan team as deemed appropriate and in accordance with state and federal laws.

4.4.a. immunization documentation (W. Va. Code §16-3-4),

4.4.b. copy of a certified birth certificate or affidavit (W. Va. Code §18-2-5c),

4.4.c. signed suspension and expulsion document (W. Va. Code §18-5-15), and

4.4.d. any other documents required by federal, state, and/or local policies or code.

5.2.a. a philosophy declaring the county board's intent to increase attendance by:

5.2.a.1. creating a positive safe environment conducive to learning and committed to helping students develop responsibility, self-discipline, and other good work habits.

5.2.a.2. developing a system enlisting parent/guardian/custodian support for daily school attendance by students.

5.2.b. County school systems are responsible for:

5.2.b.1. appointing a designated school attendance coordinator (principal or designee) who collects classroom attendance data and makes appropriate referrals to the attendance director.

5.2.b.2. reporting student attendance information which reflects the allowable deductions as defined by the WVBE.

5.2.b.3. defining excused and unexcused absences in compliance with W. Va. Code §18-8-1 and §18-8-2, and attendance in W. Va. 126CSR42, Policy 2510, Assuring the Quality of Education: Regulations for Education Programs (Policy 2510); provided, however, that no county may require more than a parent/guardian/custodian excuse for absences resulting from a documented chronic medical condition or a documented disability as defined in section 3.10.e and section 3.10.g.

5.2.b.4. defining extenuating circumstances