SB 901 West Virginia Senate · 2026 Regular Session

Creating truancy pre-trial diversion program

This bill creates a truancy pre-trial diversion program in West Virginia that allows parents, guardians, and custodians of truant children to avoid criminal conviction if they address the truancy and its underlying causes. It amends existing laws to delay sentencing for parents and guardians involved in truancy cases, giving them additional time to resolve attendance issues and access support services. The legislation also permits judges to require the Department of Human Services to provide home-based family preservation services for families facing truancy charges. Additionally, the bill removes criminal penalties for students who have reached the age of majority, focusing instead on requiring school attendance without jail time.

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 10, 2026 Last action Feb 25, 2026

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What changed between versions

Introduced Version → Committee Substitute · 5 edits

MODERATE

The bill was converted from an introduced draft to a committee substitute version, incorporating substantive policy changes to address truancy. The primary updates include the creation of a new pre-trial diversion program to avoid conviction for first-time offenders, the establishment of delayed sentencing to allow time for families to fix attendance issues, and the addition of mandatory home-based family preservation services when courts intervene. These changes shift the focus from immediate punishment to intervention and support.

Scope change

The bill's scope expanded to include a formal pre-trial diversion program and mandatory family preservation services, while modifying penalties for adult students and adjusting fine amounts for compliant defendants.

REQUIREMENT

Added a new pre-trial diversion program allowing first-time offenders to avoid conviction if they improve school attendance over a 6-18 month period.

Added a mandatory delayed sentencing provision requiring a 90-day waiting period before fines or jail time are imposed for guilty pleas.

Added a requirement for courts to order the Department of Human Services to provide home-based family preservation services when truancy leads to criminal charges.

ENFORCEMENT

Modified penalties for adult students (18+) by removing the option of jail time for second offenses if they graduate or withdraw, and reducing fines to $5-$50 for compliant defendants.

DEFINITION

Added specific definitions for 'County truancy officer' and 'Excused absences' to clarify how attendance records are verified.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 25, 2026

Committee

To Finance

upper

Feb 25, 2026

Committee

Committee substitute reported, but first to Finance

upper

Feb 10, 2026

Committee

To Judiciary

upper

Feb 10, 2026

Introduced

Introduced in Senate

upper

Feb 10, 2026

Committee

To Judiciary then Finance

upper

1 primary · 1 co-sponsor