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§126-81-7. The West Virginia Board of Education recognizes that driving a vehicle is a privilege and that West Virginia Code requires young people at least fifteen but less than eighteen years of age to maintain specified driver eligibility requirements related to school attendance, personal behavior and academic progress in order to obtain and maintain a West Virginia license or instruction permit for the operation of a motor vehicle. Any student fifteen years of age but less than eighteen years of age, who is properly enrolled in a West Virginia public school, or who is a West Virginia resident enrolled in an out-of-state school, or who is properly enrolled in an Exemption A, B, or K nonpublic school may request from the attendance director documentation of enrollment/attendance status.

To meet the attendance status requirement, public school students must not have more than 10 consecutive or 15 days total unexcused absences within the school year to be eligible to retain a driver’s license. To meet the satisfactory academic progress requirement, the student must attain and maintain grades sufficient to allow for graduation and coursework in an amount sufficient to allow for graduation in five years or by age nineteen, whichever is earlier (beginning with the completed 2008-2009 school year). To meet the personal behavior requirement, the student must not be suspended pursuant to W.Va. Code §18A-5-1a and §18A-5-1b which include the following behaviors when committed on the premises of an educational facility, at a school-sponsored function or on a school bus: assault and/or battery on school employees, possessing deadly weapons, sale of a narcotic drug, committing an act or engaging in conduct that would constitute a felony under West Virginia Code if commited by an adult, and/or unlawfully possessing a controlled substance governed by the uniform controlled substances act as described in W.Va. Code §60A-1.1 et seq. For additonal policy information, refer to W.Va. Code §126-81-7 – School Attendance as a Condition of MotorVehicle Licensing Privilege.