TRANSPORTATION CABINET

Department of Vehicle Regulation

Division of Drivers Licensing

(Amended After Comments)

 

      601 KAR 13:070. KRS 159.051, Compliance verification for a minor.

 

      RELATES TO: KRS 159.030,159.040, 159.051, 159.160, 186.440, 186.450, 186.470, 186.560

      STATUTORY AUTHORITY: KRS 186.400(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations for the enforcement of driver licensing laws. This administrative regulation establishes the requirements of the notification to be submitted by a minor driver licensing applicant to the Circuit Court Clerk and the notification to be sent by a school superintendent or designee to the cabinet if a minor withdraws from school or is academically deficient. This administrative regulation is necessary to enforce KRS 159.051 and 186.560(7).

 

      Section 1. Definitions. [(1)]"Minor" means a person under the age of eighteen (18) years.

      [(2) "Participating school district" means a school district which the Department of Education has reported to the Transportation Cabinet as having an alternative education program which complies with 704 KAR 7:100.]

 

      Section 2. Minor's Application for Driving Privilege for Kentucky [Public, Private, or Private] School Students [being Schooled at Home]. (1) A minor attending a public or nonpublic school [private school or a private school student being schooled at home] [residing within the boundaries of a participating school district] who is applying from a Kentucky [an] original learner's permit, a transfer learner's permit, or a transfer operator's license shall submit to the circuit court clerk:

      (a) [Proof of graduation from high school;

      (b) Proof of having received his General Equivalency Diploma;

      (c)] A school compliance [enrollment] verification form for driver licensing, executed within the preceding sixty (60) days, which contains the following:

      1. Applicant's full name;

      2. The last four (4) digits of his or her Social Security or [driver's license] number;

      3. Date of birth;

      4. Name and address of school attended;

      5.[4.] Name [and address] of the school district;

      6.[5.] Signature and title of the designated school representative [official] completing the form;

      7.[6.] Statement that the minor is attending and successfully participating in school as defined in KRS 159.051;

      8. [For private school students being schooled at home, the signature of the Public School Director of Pupil Personnel or the District Contact for No Pass No Drive certifying that the student is registered and in compliance with KRS 159.160;

      9.][7.] Embossed seal of the school if applicable; [district; and]

      9.[10.][8.] Date of execution of the form; and [or]

      10.[11.] Expiration date of the form; or

      (b) Proof of graduation from high school; or

      (c) Proof of having received his or her General Equivalency Diploma.

      (d) A student enrolled in a home school program shall obtain the signature of the Director of Pupil Personnel for the local school district or the district contact for No Pass No Drive to verify that the student is enrolled in a home school program pursuant to KRS 159.160.

      (2) The minor’s application for a driver’s license shall be submitted to the circuit court clerk on the Kentucky Transportation Cabinet form entitled "Driver License-ID Card Application Form TC 94-30".

      (3) The statement required by subsection (1)(a) of this section shall be submitted to the circuit court clerk on the Department of Education form entitled "School Compliance Verification for driver’s Licensing, KRS 159.051 (No Pass/No Drive Statue)".

      (4) Upon request by the home school a school compliance verification form for driver licensing shall be mailed by the school district of residence to the home school for any student who will turn sixteen (16) or seventeen (17) during the school year. A registered home school student may pick up the verification form from the school district of residence. [to a registered private school student being schooled at home by the public school district of residence upon the school notifying the district of a student who will turn sixteen (16) or seventeen (17) during the school year. The private school student being schooled at home may pick up the school compliance verification for driver licensing in the public school district of residence.]

      (5) The signature of parents or guardians of home [private] school students [being schooled at home] on the school compliance verification form for driver licensing and on the driver license ID card application form shall act as certification that the student is enrolled in a home school program [an authorized private school student being schooled at home] and is in compliance with the requirements of KRS 159.051.

 

      Section 3. Minor’s Application for Driving Privilege for Opt-of-School Students. (1) A minor attending school out-of-state who is applying for a Kentucky original learner’s permit, a transfer operator’s license shall submit to the circuit court clerk a school compliance verification form for the driver licensing, executed within the preceding sixty (60) days, obtained by mail or in person from the school board in the county in which the student resides or from the Department of Education, which contains the following:

      [(d) A statement from his parent or guardian that the minor is being schooled at home. The statement shall contain the following:]

      (a) [1.] Applicant's full name;

      (b) The last four (4) digits of his or her [2.] Social Security [or driver's license] number;

      (c) Date of birth;

      (d) [3.] Parent or guardian’s [full name, address, and] signature verifying that the out-of-state [schooled] student is in compliance with KRS 159.051;

      (e) Signature of the Public School District Director of Pupil Personnel or the District Contact for No Pass No Drive certifying that the out of state [school] student is registered and in compliance with KRS 159.160;

      (f) [4. Statement executed within the preceding sixty (60) days that the minor is successfully participating in home school as defined in KRS 159.051; and

      5.] Date the statement was executed; and

      (g) Expiration date of the form.

      (2) The minor’s application for a driver’s license shall be submitted to the circuit court clerk on the Kentucky Transportation Cabinet form entitled "Driver License-ID Card Application Form TC 94-30".

      (3) The statements required by subsection (1)[(c) or (d)] of this section shall [may] be submitted to the circuit court clerk on the Department of Education form entitled "School Compliance Verification For Driver Licensing [School Enrollment Verification or Reinstatement], KRS 159.051 (No Pass/No Drive Statute)".

 

      Section 4.[3.] Notification of Noncompliance with KRS 159.051. (1) A participating school district superintendent or designee, a home school, or an out-of-state school shall submit a notification in electronic or written form [statement] to the Transportation Cabinet to report that a minor is not in compliance with KRS 159.051. [A private home school or out-of-state school shall notify the Transportation Cabinet that a minor is not in compliance and may do so by paper.] The notification [statement] shall contain the following information:

      (a) Minor's full name;

      (b) Last four (4) digits of minor’s Social Security number or driver's license number;

      (c) Name and address of the [participating] school [district];

      (d) Designated school representative’s superintendent's name and title;

      (e) Statement that the minor is not in compliance with KRS 159.051; and

      (f) [Embossed seal of the school district; and

      (g)] Date of execution of the statement.

      (2) The [private home school or out-of-state school may send the] notification may be sent [by paper] [This statement shall be sent] to the Transportation Cabinet, Division of Driver Licensing, 200 Mero Street [501 High Street], Second Floor, [State Office Building], Frankfort, Kentucky 40622.

      [(3) This statement may be submitted on the Department of Education form entitled "Driver Licensing Suspension Form, KRS 159.051 (No Pass/No Drive Statute)"].

 

      Section 5.[4.] Reapplication After Compliance with KRS 159.051. (1) If a minor becomes eligible to reapply for driving privilege after one (1) full semester of compliance [by complying] with KRS 159.051, the school [district] shall submit [prepare] a compliance notice in electronic or written form to the Transportation Cabinet. [A private home school or out-of-state school may submit the notification by paper.] The compliance notice shall contain [containing] the following information:

      (a) Minor's full name;

      (b) Last four (4) digits of minor’s Social Security number or driver's license number;

      (c) Name and address of the school [district];

      (d) Designated school representative’s name and title [Name and address of the school];

      (e) [Signature and title of the school district official executing the compliance notice;

      (f)] Statement that the minor is in compliance with KRS 159.051;

      (f) [(g) Embossed seal of the school district; and

      (h)] Date of execution.

      (2) The [private home school or out-of-state school may send the] notification shall be sent [notice shall be sent] to the Transportation Cabinet, Division of Driver Licensing, 200 Mero Street [501 High] Street, Second Floor, [State Office Building], Frankfort, Kentucky 40622.

      [(3) The minor may submit a copy of the notice to the circuit court clerk in his county of residence.

      (4) The notice may be submitted on the Department of Education's form entitled "Driver Licensing School Enrollment Verification or Reinstatement, KRS 159.051 (No Pass/No Drive Statute)".

 

      Section 5. Counties with Multiple School Districts. (1) In a county with multiple school districts, if at least one (1) is a participating school district, then each minor driver licensing applicant shall:

      (a) Comply with Section 2 of this administrative regulation; or

      (b) Provide to the circuit court clerk a notice that he resides in a district which does not have an approved alternative education program. The notice shall contain the following:

      1. Full name of minor;

      2. Social Security or driver's license number of the minor;

      3. Name and address of the school district;

      4. Statement that the school district is not a participating school district;

      5. Name and title of school district official completing the statement;

      6. Embossed seal of the school district; and

      7. Date of completion of the statement.

      (2) The statement referred to in subsection (1)(b) of this section may be submitted on the Department of Education form entitled "School Districts Not Participating, KRS 159.051 (No Pass/No Drive Statute)".]

 

      Section 6. Incorporation [Material Incorporated] by Reference. (1) The following material is incorporated by reference:

      (a) "School Compliance Verification for Driver Licensing, [Driver Licensing School Enrollment Verification or Reinstatement], KRS 159.051 (No Pass/No Drive Statute)" form, (December [September] 2007 [October 1996]), Department of Education; and

      (b) "Driver License-ID Card Application Form TC 94-30" (August 2007), Kentucky Transportation Cabinet. ["School Districts Not Participating, KRS 159.051 (No Pass/No Drive Statute)", (March 1995), Department of Education; and

      (c) "Driver Licensing Suspension Form, KRS 159.051 (No Pass/No Drive Statute)" (October 1996), Department of Education.]

      (2) This material may be inspected, copied subject to applicable copyright law, or obtained at the Department of Education, Dropout Prevention Branch [Student/Family Support Services,] Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

 

DANA FUGAZZI, Staff Attorney

      APPROVED BY AGENCY: September 12, 2007

      FILED BY LRC: September 12, 2007 at 4 p.m.

      CONTACT PERSON: Dana Fugazzi, Staff Attorney Transportation Cabinet, Office of Legal Services, 200 Mero Street, Station: W6-21-02, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Dana C. Fugazzi

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the requirements of the notification to be submitted by a minor driver licensing applicant to the Circuit Court Clerk and the notification to be sent by a school superintendent to the Transportation Cabinet if a minor withdraws from school or is academically deficient.

      (b) The necessity of this administrative regulation: This regulation is necessary to enforce KRS 159.051 and 186.560(7).

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation establishes the notification required to be submitted by minor driver licensing applicants and by school superintendents if a minor withdraws from school or is academically deficient.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation establishes the notification required to be submitted by minor driver licensing applicants to the Circuit Court Clerk and the notification to be sent to the Transportation Cabinet by school superintendents if a minor withdraws from school or is academically deficient.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment will make the regulation apply to all 16 and 17 year old students. It deletes the requirement that for a school district to participate it must be designated as a participating school district by having an alternative education program.

      (b) The necessity of the amendment to this administrative regulation: It is necessary to amend this regulation to comply with KRS 159.051 and 186.470 which were amended by House Bill 32 from the 2007 General Assembly as enacted through 2007 Ky. Acts Ch. 36, Sections 1-2.

      (c) How the amendment conforms to the content of the authorizing statutes: This regulation establishes the notification required to be submitted by minor driver licensing applicants and by school superintendents if a minor withdraws from school or is academically deficient.

      (d) How the amendment will assist in the effective administration of the statutes: The amendment provides a consistent method for all 16 and 17 years old students to obtain the necessary form from the school to be taken to the Circuit Court Clerk’s driver license issuing offices in order to obtain a permit or license.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation will affect an estimated 80,000 to 85,000 16 and 17 year olds, public high schools, private schools, home schools, the Transportation Cabinet Division of Driver Licensing, the Department of Education Dropout Prevention Branch, Circuit Court Clerk’s driver licensing issuing offices and Kentucky.gov.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: All 16 and 17 year olds will have to obtain a School compliance verification form from their school to provide to the Circuit Court Clerk’s driver license issuing office to verify that the student is in compliance with KRS 159.051. All schools will have to report electronically through Kentucky.gov those 16 or 17 year olds who become non-compliant with KRS 159.051 to the Transportation Cabinet, Division of Driver Licensing, in order to suspend the students’ driving privileges.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The cost will be at the school level and includes the cost to administer the program, handle forms and process the necessary information electronically.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Schools will have a lower dropout rate and higher academic sufficiency for minor students.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: Minimal computer programming costs.

      (b) On a continuing basis: Minimal costs that can be absorbed through administrative duties.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Schools-General Fund. Administrative Costs-Road Fund.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: None

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No

      (9) TIERING: Is tiering applied No, all 16 and 18 year olds must meet the same requirements to be eligible for the privilege to operate a motor vehicle.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

      2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Transportation Cabinet Division of Driver Licensing, The Department of Education Dropout Prevention Branch, all public schools, and the Circuit Court Clerk’s driver license issuing offices.

      3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation KRS 159.051, 159.160, 186.400, 186.440.

      4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. Minimal, any costs of administering this program should be balanced by keeping 16 and 17-year old students in school.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Cannot be determined.

      (c) How much will it cost to administer this program for the first year? Undetermined, it is expected to be minimal.

      (d) How much will it cost to administer this program for subsequent years? Minimal

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: