|SAME AS||No Same As|
|Amd S502, V & T L; add S3210-a, Ed L|
|Requires youth holding operator's licenses or permits to maintain satisfactory grades and attendance in school.|
|01/21/2015||REFERRED TO TRANSPORTATION|
|01/06/2016||REFERRED TO TRANSPORTATION|
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STATE OF NEW YORK ________________________________________________________________________ 2070 2015-2016 Regular Sessions IN SENATE 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: 1 Section 1. Section 502 of the vehicle and traffic law is amended by 2 adding a new subdivision 8 to read as follows: 3 8. Certificates of satisfactory school grades and attendance. (a) 4 Except as otherwise provided in paragraph (d) of this subdivision, no 5 license or learner's permit shall be issued to or retained by a person 6 under the age of eighteen years unless such person (i) holds a high 7 school diploma or equivalent diploma or (ii) is enrolled in and attend- 8 ing an educational program the successful completion of which will lead 9 to such a diploma or equivalent diploma and holds a valid, current 10 certificate of satisfactory grades and attendance from such educational 11 program pursuant to section thirty-two hundred ten-a of the education 12 law. 13 (b) Upon receipt of notice by the commissioner that a certificate of 14 satisfactory grades and attendance has been withdrawn, the commissioner 15 shall suspend such person's license or permit until such time as such 16 certificate is reinstated or the person ceases to be subject to the 17 requirement therefor. Upon receipt of notice by the commissioner that a 18 certificate of satisfactory grades and attendance has been reinstated, 19 the commissioner shall reinstate such person's license or permit. 20 (c) The head of each school attended by any person subject to the 21 provisions of this subdivision shall issue or withdraw such certificates 22 on the basis of the student's compliance or lack of compliance with the 23 academic average and attendance requirements of section thirty-two 24 hundred ten-a of the education law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06201-01-5S. 2070 2 1 (d) The provisions of this subdivision shall not be applied to a 2 person who has received a certificate of exemption pursuant to subdivi- 3 sion four of section thirty-two hundred ten-a of the education law. 4 § 2. The education law is amended by adding a new section 3210-a to 5 read as follows: 6 § 3210-a. Certificates of satisfactory school grades and attendance. 7 1. The provisions of this section shall apply to the issuance of certif- 8 icates of satisfactory school grades and attendance for purposes of 9 subdivision eight of section five hundred two of the vehicle and traffic 10 law. The provisions of this section shall apply to all schools, public 11 or private. 12 2. The head of each school shall issue, deny, withdraw or reinstate 13 certificates of satisfactory grades and attendance on the basis of the 14 pupil's adherence to: 15 a. maintaining an academic grade average in all classes of seventy 16 percent or a grade point average of 2.0, as the case may be; and 17 b. not having more than seven unexcused absences during any school 18 quarter, not more than fourteen unexcused absences during any school 19 semester, and not having more than twenty-eight unexcused absences 20 during the school year. 21 A school may charge a fee of up to twenty dollars for each certificate 22 issued or qualified. 23 3. If a pupil is not in compliance with the provisions of subdivision 24 two of this section and is not exempt pursuant to the provisions of 25 subdivision four of this section, the school authorities shall make 26 efforts to assist the pupil in complying through consultations between 27 appropriate school officials and the pupil and his or her parent, guard- 28 ian or person in parental relation. With respect to any pupil for whom 29 a certificate of satisfactory grades and attendance is in effect, in the 30 event that such pupil shall cease to be entitled to such certificate, 31 the head of such school shall so notify the commissioner of motor vehi- 32 cles. A determination of compliance or noncompliance with the academic 33 average and attendance requirements shall be final and not subject to 34 administrative review. 35 4. Pupils shall be exempt from complying with the requirements of this 36 section and subdivision eight of section five hundred two of the vehicle 37 and traffic law and shall be entitled to issuance of a certificate of 38 exemption therefrom to be issued by the school district in which they 39 reside in the following cases: 40 (a) the pupil is unable to pursue the educational program due to disa- 41 bility; 42 (b) the pupil is unable to pursue to educational program due to his or 43 her providing care or services to a disabled parent; or 44 (c) the pupil needs a license or permit to operate a motor vehicle due 45 to his or her employment needs or those of a member of his or her fami- 46 ly. 47 § 3. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law; provided that the 49 commissioners of motor vehicles and education are authorized to promul- 50 gate any and all rules and regulations and take any other measures 51 necessary to implement this act on its effective date on or before such 52 date.