NY State Senate Bill 2013-S7403

Senate Bill S7403

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2014	referred to transportation

2013-S7403 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §502, V & T L; add §3210-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2070
2017-2018: S845
2019-2020: S1003

2013-S7403 (ACTIVE) - Summary

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

2013-S7403 (ACTIVE) - Sponsor Memo

                                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 attend-
ance

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 compli-
ance. 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 truan-
cy, 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 driv-
er'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 commission-
ers 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.

2013-S7403 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7403

                            I N  S E N A T E

                              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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15185-01-4

S. 7403                             2

  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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