No Pass/
(KRS 159.051)
Involves
all public (and private) schools in
Beginning
August 1, 2007, any 16 or 17 year-old applying for a driver’s license permit
(Instruction Permit) will be required to have this form issued from his/her
school. This form verifies that the
student is compliant (in good standing) with the requirements of the No Pass/No
Drive Law. Schools will use grades and
unexcused absences (or students dropping out) beginning with the fall semester
of 2007.
The No Pass/No Drive Law defines
Academic Deficiency as: a “student
who does not have passing grades in at least four (4) courses, or the
equivalent of four courses, in the preceding semester.” [3 out of 4 per block
schedule]
“Drop No Pass/No Drive
Definition: a student with NINE or more unexcused absences in a SEMESTER (absences
due to suspension are considered unexcused), OR Dropout Out” of School.
The
school will report this information to the Division of Driver Licensing (via
web portal). This report can be made at
the end of the semester OR earlier (school choice).
How
do Students become Compliant (after being Noncompliant)?
The
No Pass/No Drive Law also states,
“A
student may also REAPPLY for his driver’s license at the end of a summer school
semester which results in the student having passed at least four (4) courses…
during the successive spring and summer semesters.”
What
Happens After Schools Report Students as Noncompliant (via Web Portal
Transportation
Cabinet notifies student (“as soon as possible”) that driver’s license has been
revoked or denied
Informs
student of the option of “right of hearing” before District Court
Frequently
Asked Questions:
Q:
When will No Pass/
A: Beginning August 1, 2007 Schools will
use information (attendance and grades) from the fall of 2007 to determine if
students are in compliance
Q:Does No Pass/
A: Yes
Q: Can a student be reported to the Division of
Driver Licensing as soon as the student reaches 9 unexcused absences
A: Yes, the school can report as soon as
the 9th absence occurs
Q:
What does a student need from his/her school in order to get a driver’s permit
or license?
A: The school will issue a School Compliance
Verification Form for Driver’s License (students in good standing
with No Pass/No Drive)
Q:
Does No Pass/
A: Yes, once a student reaches his/her 18th
birthday, the law does not apply
Q:
Does No Pass/
Q: Can a student be reported to the Division of
Driver Licensing as soon as the student reaches 9 unexcused absences
A: Yes, the school can report as soon as
the 9th absence occurs
Q: What happens to a Senior student – 17 years
old- who
graduates but has failed four courses in the 12th grade?
A: The student must be reported to the
Division of Driver Licensing as noncompliant.
Q:
How long are students considered noncompliant?
A: Students are considered noncompliant
until they become compliant or reach age 18.
For school purposes, students are usually noncompliant a full semester
until they have time (the following semester) to improve their grades and/or
attendance.
Q: When students transfer to new schools in the
middle of the school year, do their absences from previous schools follow them?
A: Yes.
KRS 159.150 interprets absences as “cumulative” for a school year
Q:
Will students have to pay a fee to have their driver’s license reinstated after
revocation due to No Pass/No Drive?
A: A fee will not be required, but if
the license has been suspended for one year (or more), the student will have to
take the written and eye exams again.
Q: The No Pass/No Drive law says
that absences due to suspension are supposed to be used in the determination of
“dropout” (9 unexcused absences). Is this correct?
A: This is correct. The No Pass/No Drive law specifies that days
of suspension are considered “unexcused absences.”
Q: When a student (out-of-state) transfers into
a
A: No, unexcused absences from other
states would not apply
Q: What happens if a student drops out out of school in the fall semester and loses his driver’s license. Then, he
re-enrolls in spring semester and two days later requests a school compliance
verification form.
A: The
student should be in compliance for a full semester before the school notifies
the Division of Driver Licensing to reinstate the license. Therefore, the student would have his
driver’s license re-instated during the following fall semester (one year after
dropping out of school).