Bill S7403-2013

Requires youth holding operators licenses or permits to maintain satisfactory grades and attendance in school

Requires youth holding operator's licenses or permits to maintain satisfactory grades and attendance in school.

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  • May 14, 2014: REFERRED TO TRANSPORTATION

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BILL NUMBER:S7403

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 satisfactory school grades and attendance

PURPOSE:

The purpose of bill is to require students under the age of 18 to either have a high school diploma or maintain satisfactory school grades and attendance in order to be eligible and keep a New York State learner's permit or driver's license.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 502 of the vehicle and traffic law by adding a new subdivision 8, providing that no driver's license or learner's permit be provided to or retained by a person under eighteen years of age unless such person holds a high school diploma or equivalent diploma or is enrolled in and attending an educational program leading to such a diploma and holds a valid, current certificate of satisfactory grades and attendance from such educational program. The commissioner of motor vehicles shall suspend the license or permit of any student who ceases to hold such a certificate, and reinstate the license or permit of such student only upon receipt of notice that a certificate of satisfactory grades and attendance has been reinstated.

Section 2 adds a new section 3210-a to the education law, specifying the issuance of certificate of satisfactory grades and attendance requires maintenance of a seventy percent (2.0) grade point average and not having more than seven unexcused absences during any school quarter, fourteen per semester, or twenty-eight during the school year. The head of each school shall issue, deny, withdraw, or reinstate certificates based on adherence to these standards and notify the commissioner of motor vehicles of a pupil's change in status of compliance.

Schools may charge a fee up to twenty dollars for each certificate issued, and schools shall make efforts to assist pupils not in compliance. Pupils exempt from requirements of this section include those unable to attend programs due to disability, those unable to attend due to caring for a disabled parent, and those needing a license or permit to operate a motor vehicle due to their employment or the employment of a member of his or her family.

Section 3 provides an effective date of the first of January next succeeding the date on which it shall have become a law.

JUSTIFICATION:

This legislation seeks improve overall school achievement, reduce truancy, and increase school attendance by linking these factors to one of a

young person's most anticipated and desired events: getting their New York State learner's permit or driver's license.

Under this bill, in order to obtain and keep a learner's permit or driver's license, a student must maintain a satisfactory attendance record and keep a minimum GPA requirement of 2.0.

Seventeen other states currently link either school attendance or grades to acquiring or holding a learner's permit or license for those under eighteen years of age.

Further incentivizing and encouraging satisfactory achievement and attendance in New York State will help our young people develop as students and reduce the number of dropouts.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None to the State.

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 ________________________________________________________________________ 7403 IN SENATE May 14, 2014 ___________
Introduced by Sen. YOUNG -- 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 satisfactory school grades and 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 SATISFACTORY SCHOOL GRADES AND 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 EIGHTEEN YEARS UNLESS SUCH PERSON (I) HOLDS A HIGH SCHOOL DIPLOMA OR EQUIVALENT DIPLOMA OR (II) IS ENROLLED IN AND ATTEND- ING AN EDUCATIONAL PROGRAM THE SUCCESSFUL COMPLETION OF WHICH WILL LEAD TO SUCH A DIPLOMA OR EQUIVALENT DIPLOMA AND HOLDS A VALID, CURRENT CERTIFICATE OF SATISFACTORY GRADES AND 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 SATISFACTORY GRADES AND ATTENDANCE HAS BEEN WITHDRAWN, THE COMMISSIONER SHALL SUSPEND SUCH PERSON'S LICENSE OR PERMIT UNTIL SUCH TIME AS SUCH CERTIFICATE IS REINSTATED OR THE PERSON CEASES TO BE SUBJECT TO THE REQUIREMENT THEREFOR. UPON RECEIPT OF NOTICE BY THE COMMISSIONER THAT A CERTIFICATE OF SATISFACTORY GRADES AND 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 ACADEMIC AVERAGE AND ATTENDANCE REQUIREMENTS 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 SATISFACTORY SCHOOL GRADES AND ATTENDANCE. 1. THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE ISSUANCE OF CERTIF- ICATES OF SATISFACTORY SCHOOL GRADES AND 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 SATISFACTORY GRADES AND ATTENDANCE ON THE BASIS OF THE PUPIL'S ADHERENCE TO: A. MAINTAINING AN ACADEMIC GRADE AVERAGE IN ALL CLASSES OF SEVENTY PERCENT OR A GRADE POINT AVERAGE OF 2.0, AS THE CASE MAY BE; AND B. NOT HAVING MORE THAN SEVEN UNEXCUSED ABSENCES DURING ANY SCHOOL QUARTER, NOT MORE THAN FOURTEEN UNEXCUSED ABSENCES DURING ANY SCHOOL SEMESTER, AND NOT HAVING MORE THAN TWENTY-EIGHT UNEXCUSED ABSENCES DURING THE SCHOOL YEAR. 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 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION 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, GUARD- IAN OR PERSON IN PARENTAL RELATION. WITH RESPECT TO ANY PUPIL FOR WHOM A CERTIFICATE OF SATISFACTORY GRADES AND 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 VEHI- CLES. A DETERMINATION OF COMPLIANCE OR NONCOMPLIANCE WITH THE ACADEMIC AVERAGE AND ATTENDANCE REQUIREMENTS 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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