Senate Bill S6482

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

                                  6482

                            I N  S E N A T E

                            February 15, 2012
                               ___________

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GOOD ATTENDANCE HAS BEEN WITHDRAWN, THE COMMISSIONER SHALL SUSPEND  SUCH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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14323-02-2
              

S. 6482                             2

  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.