Senate Bill S2070

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

                                  2070

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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SATISFACTORY GRADES AND ATTENDANCE HAS BEEN WITHDRAWN, THE  COMMISSIONER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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06201-01-5
              

S. 2070                             2

  (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.