Bill S282-2013

Requires youth holding operator's licenses or permits to maintain good school attendance

Requires youth holding operator's licenses or permits to maintain good school attendance.

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  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S282

TITLE OF BILL: An act to amend the vehicle and traffic law and the education law, in relation to requiring youth holding operator's licenses or permits to maintain good school attendance

PURPOSE: Requires persons under eighteen to maintain good attendance at school in order to be eligible for a learner's permit or driver's license

SUMMARY OF PROVISIONS: This bill would amend the vehicle and traffic law by creating a new subdivision that would mandate that no license or learner's permit shall be issued to or retained by a person under the age of eighteen unless they hold a high school diploma or are enrolled in and attending an educational program and hold a valid, current certificate of good attendance from such school program. This bill also amends the education law by adding a new section that mandates that students in high school comply with their school's attendance policies in order to obtain a certificate of good school attendance. This certificate is necessary to obtain a learner's permit or driver's license. Exemptions from these provisions include situations in which the pupil is unable to pursue the educational program due to disability, the pupil is unable to pursue the educational program due to his or her providing care or services to a disabled parent, or the pupil needs a license or permit to operate a motor vehicle due to his or her employment needs or those of a member of his or her family.

JUSTIFICATION: This bill aims to reduce absenteeism, truancy and the dropout rate by targeting an area that students are concerned with the most, the ability to drive, High school students would lose their driving privileges or their ability to apply for a driver's license if they failed to meet their school district's attendance policy. Once they are in good standing again with regard to attendance requirements, their licenses can be reinstated.

LEGISLATIVE HISTORY: 2003-04: A.5901/S.1376 2005-06: A.5008/S.63 2007-08: A.102/S.190 2011-12: A.9207/S.6482

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that the commissioners of motor vehicles and education are authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 282 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the education law, in relation to requiring youth holding operator's licenses or permits to maintain good school attendance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 502 of the vehicle and traffic law is amended by adding a new subdivision 8 to read as follows: 8. CERTIFICATES OF GOOD SCHOOL ATTENDANCE. (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (D) OF THIS SUBDIVISION, NO LICENSE OR LEARNER'S PERMIT SHALL BE ISSUED TO OR RETAINED BY A PERSON UNDER THE AGE OF EIGH- TEEN YEARS UNLESS SUCH PERSON (I) HOLDS A HIGH SCHOOL DIPLOMA OR EQUIV- ALENT DIPLOMA OR (II) IS ENROLLED IN AND ATTENDING AN EDUCATIONAL PROGRAM THE SUCCESSFUL COMPLETION OF WHICH WILL LEAD TO SUCH A DIPLOMA OR EQUIVALENT DIPLOMA AND HOLDS A VALID, CURRENT CERTIFICATE OF GOOD ATTENDANCE FROM SUCH EDUCATIONAL PROGRAM PURSUANT TO SECTION THIRTY-TWO HUNDRED TEN-A OF THE EDUCATION LAW. (B) UPON RECEIPT OF NOTICE BY THE COMMISSIONER THAT A CERTIFICATE OF GOOD ATTENDANCE HAS BEEN WITHDRAWN, THE COMMISSIONER SHALL SUSPEND SUCH PERSON'S LICENSE OR PERMIT UNTIL SUCH TIME AS SUCH CERTIFICATE IS REIN- STATED OR THE PERSON CEASES TO BE SUBJECT TO THE REQUIREMENT THEREFOR. UPON RECEIPT OF NOTICE BY THE COMMISSIONER THAT A CERTIFICATE OF GOOD ATTENDANCE HAS BEEN REINSTATED, THE COMMISSIONER SHALL REINSTATE SUCH PERSON'S LICENSE OR PERMIT. (C) THE HEAD OF EACH SCHOOL ATTENDED BY ANY PERSON SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL ISSUE OR WITHDRAW SUCH CERTIFICATES ON THE BASIS OF THE STUDENT'S COMPLIANCE OR LACK OF COMPLIANCE WITH THE ATTENDANCE POLICIES OF SUCH SCHOOL, SUBJECT TO THE PROVISIONS OF SECTION THIRTY-TWO HUNDRED TEN-A OF THE EDUCATION LAW.
(D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE APPLIED TO A PERSON WHO HAS RECEIVED A CERTIFICATE OF EXEMPTION PURSUANT TO SUBDIVI- SION FOUR OF SECTION THIRTY-TWO HUNDRED TEN-A OF THE EDUCATION LAW. S 2. The education law is amended by adding a new section 3210-a to read as follows: S 3210-A. CERTIFICATES OF GOOD SCHOOL ATTENDANCE. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE ISSUANCE OF CERTIFICATES OF GOOD SCHOOL ATTENDANCE FOR PURPOSES OF SUBDIVISION EIGHT OF SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SCHOOLS, PUBLIC OR PRIVATE. 2. THE HEAD OF EACH SCHOOL SHALL ISSUE, DENY, WITHDRAW OR REINSTATE CERTIFICATES OF GOOD ATTENDANCE ON THE BASIS OF THE PUPIL'S ADHERENCE TO THE SCHOOL'S ATTENDANCE POLICY, SUBJECT TO THE PROVISIONS OF THIS SECTION. A SCHOOL MAY CHARGE A FEE OF UP TO TWENTY DOLLARS FOR EACH CERTIFICATE ISSUED OR QUALIFIED. 3. IF A PUPIL IS NOT IN COMPLIANCE WITH THE SCHOOL'S ATTENDANCE POLICY AND IS NOT EXEMPT PURSUANT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, THE SCHOOL AUTHORITIES SHALL MAKE EFFORTS TO ASSIST THE PUPIL IN COMPLYING THROUGH CONSULTATIONS BETWEEN APPROPRIATE SCHOOL OFFICIALS AND THE PUPIL AND HIS OR HER PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION. WITH RESPECT TO ANY PUPIL FOR WHOM A CERTIFICATE OF GOOD ATTENDANCE IS IN EFFECT, IN THE EVENT THAT SUCH PUPIL SHALL CEASE TO BE ENTITLED TO SUCH CERTIFICATE, THE HEAD OF SUCH SCHOOL SHALL SO NOTIFY THE COMMISSIONER OF MOTOR VEHICLES. A DETERMINATION OF COMPLIANCE OR NONCOMPLIANCE WITH AN ATTENDANCE POLICY SHALL BE FINAL AND NOT SUBJECT TO ADMINISTRATIVE REVIEW. 4. PUPILS SHALL BE EXEMPT FROM COMPLYING WITH THE REQUIREMENTS OF THIS SECTION AND SUBDIVISION EIGHT OF SECTION FIVE HUNDRED TWO OF THE VEHICLE AND TRAFFIC LAW AND SHALL BE ENTITLED TO ISSUANCE OF A CERTIFICATE OF EXEMPTION THEREFROM TO BE ISSUED BY THE SCHOOL DISTRICT IN WHICH THEY RESIDE IN THE FOLLOWING CASES: (A) THE PUPIL IS UNABLE TO PURSUE THE EDUCATIONAL PROGRAM DUE TO DISA- BILITY; (B) THE PUPIL IS UNABLE TO PURSUE TO EDUCATIONAL PROGRAM DUE TO HIS OR HER PROVIDING CARE OR SERVICES TO A DISABLED PARENT; OR (C) THE PUPIL NEEDS A LICENSE OR PERMIT TO OPERATE A MOTOR VEHICLE DUE TO HIS OR HER EMPLOYMENT NEEDS OR THOSE OF A MEMBER OF HIS OR HER FAMI- LY. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided that the commissioners of motor vehicles and education are authorized to promul- gate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.

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