NY State Senate Bill 2019-S1003

Senate Bill S1003

2019-2020 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
Jan 10, 2019	referred to transportation

2019-S1003 (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:: 2013-2014: S7403
2015-2016: S2070
2017-2018: S845

2019-S1003 (ACTIVE) - Summary

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

2019-S1003 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1003

SPONSOR: YOUNG
 
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 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 sets forth the effective date.

 
JUSTIFICATION:

This legislation seeks to 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 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 hold-
ing 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:

2017,2018: S.845 Referred to Transportation
2015,2016: S.2070 Referred to Transportation
2014: 8.7403 Referred to Transportation

 
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.

2019-S1003 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1003
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 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.

                                                            LBD03850-01-9

 S. 1003                             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.
   §  2.  The  education law is amended by adding a new section 3210-a to
 read as follows:
   § 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.
   §  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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