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Kentucky’s No Pass/No Drive Law (KRS 159.051)

Kentucky’s No Pass/No Drive Law (KRS 159.051). Protocols and Procedures for Schools Working with Student Drivers. What is KRS 159.051?. Affects all public and non-public schools in KY

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Kentucky’s No Pass/No Drive Law (KRS 159.051)

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  1. Kentucky’s No Pass/No Drive Law (KRS 159.051) Protocols and Procedures for Schools Working with Student Drivers

  2. What is KRS 159.051? • Affects all public and non-public schools in KY • Only applies to 16 and 17-year-olds (anystudents with a driver’s permit/license issued before August 1, 2007 will not be affected) • Attendance and grades from the previous semester of the school year will be used to determine non-compliance for students.

  3. No Pass/No Drive LawCompliance The law results in the revocation of a student’s drivers permit or license for any three different reasons: Academic Deficiency Dropping Out of School Excessive Absences

  4. What makes a student academically non-compliant? 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.”

  5. What is equivalent to 4 courses? Most Kentucky schools utilize a six-period day: 4/6 = 66% Therefore, KDE recommends that students need to pass 66% of their courses (per semester) to be compliant with No Pass/No Drive.*

  6. Academic Deficiency Chart(Recommended by KDE) Courses Per Semester Courses Students Need to Pass 4 3 5 4 6 4 7 5 8 6 9 6 10 7

  7. Does this law apply to all programs and students? • “The local school board shall adopt a policy … similar standard… for students in alternative, special education, or part-time programs.” The Kentucky School Boards Association (KSBA) has Created a Model Policy. www.ksba.org

  8. What is “dropping out”? • If a 16 or 17-year-old student officially leaves school (voluntarily withdraws), the school or district should immediatelycontact the Division of Driver Licensing (via the web portal). • This report (via web portal) should occur immediately after the student withdraws from school, not at the end of the semester.

  9. What are “excessive absences”? A student with nine or moreunexcused absences in a single semester (including absences due to out-of-school suspension) is considered non-compliant.

  10. When should the school report a student for absences? This report can be made at the end of the semester, or earlier (per district’s choice). • Some school districts use different configurations for semesters (i.e., trimesters) other than the standard one semester for fall and spring. • The school district can choose to report after each trimester if they prefer.

  11. What happens after a student is reported as noncompliant? The Transportation Cabinet will: • Notify the student by mail “as soon as possible” that their driver’s license has been revoked (usually within 10 days). • Inform the student of the option of a “right of hearing” before the District Court where the court can reinstate a license due to “hardship factors”.

  12. What is a Hardship Waiver? • The student’s parents must apply for a NPND hardship waiver through the local district court judge, using AOC form 298, (available at the courthouse or from KDE). The district court judge will make the *decision of whether to grant the waiver or not. *(This can be granted for teenage parents, those with no other driver in the household due to disability, teens with jobs, etc.)

  13. How do Students become Compliant (after being reported Noncompliant)? The No Pass/No Drive law states, “A student… may reapply … as early as the endof the semester during which he/she… successfully completes the educational requirements.” KDE recommends that the student be in compliance (good standing) for a full semester before regaining driving privileges.

  14. What if the student goes to summer school? “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.”

  15. How do new drivers apply for their driver’s permit? • They must obtain a “School Compliance Verification: KRS 159.051” paper form (updated 1-1-12), completed and stamped with a raised seal by their school, verifying compliance to the law. • They should take this completed form to the courthouse in their district of residence to apply for the permit.

  16. What do private schools do? • Private schools interact directly with the Transportation Cabinet and are granted access to the web portal, and the form. • Home schools must get the required form from the public school district office where the student resides (or local school).

  17. What about religious schools? (Amish/Mennonite) • These schools operate on different schedules and standards than public schools (many graduate from the 8th grade to complete their program). • These students need only provide proof of completion/graduation from the school to the court clerk to apply for a driver’s permit. No form is needed.

  18. What about a GED? • Students with completed GEDs need only provide proof of this completion to the court clerk to apply for a driver’s permit. No other form is needed. • Students studying for a GED must wait until it is completed to be eligible to apply for a permit/license.

  19. What about job training programs? (Job Corp, etc.) • Students in these programs must obtain the required form from the public school district office where the program is located. • The job training center then completes the form for the student.

  20. What if a student attends an out-of-state school ? • They must get the form from the school district where they officially reside, and then take it to the out-of-state school representative to be signed (public or private).* It then goes to the circuit court clerk in their county of residence to apply for the permit or license. *This applies to international students also.

  21. How do schools report students on the web portal? The Transportation Cabinet has established a web portal on the Ky.gov website to allow live electronic communication between schools and the Division of Driver Licensing. The web portal is a secure site and only registered, authorized users can access it.

  22. Each School District should designate: • 1 District Coordinator with Access to all information entered by schools in his/her school district. • Up to 3 Authorized Users at each school with 16 or 17-year-old students; these people will use the web portal to report compliant or noncompliant students.

  23. How do users register to use the portal? All “authorized users” for a school have to register on the web portal registration site: https://secure.kentucky.gov/portal/ registration.aspx This includes choosing a “user name” and a password. If users forget their passwords, prompts will be available to help them remember or reset them.

  24. After you register, are you ready to use the portal? • NO. After registering and choosing a username and password, users must notify KDE with their name and username to be “linked” to the DOT portal. (this involves checking a box at DOT) • This involves calling (502)564-4772 or emailing KDE staff to update the database.

  25. How do you access the web portal to report students? • Go to: https://secure.kentucky.gov/NoPassNoDrive • When you log in with your username and password, it opens a screen that says: No Pass No Drive “Welcome your name? of the _? school district…

  26. What is next on the portal? • The “School Compliance Verification: KRS 159.051” form is the first selection. After the parent or legal guardian completes the top section of the form, the school verifies the student’s compliance with the No Pass/No Drive law. If the student is not compliant, the school should not provide this form. • This form is used one time only, at the initial application for an original permit/license.

  27. The Web Portal will allow the district contact and/or school authorized users to electronically transfer student information to the Division of Driver Licensing. Student information will be entered on this screen.

  28. Schools can use the web portal to communicate four different types of information to DOT. • Compliant Student(after previously being reported as noncompliant) • Noncompliant Student(for excessive absences/dropouts, academic deficiency, or immediately after dropping out) • Correction (previous non-compliant status sent in error – don’t just make compliant) • Home-schooled Compliant (student who left a district school to be home schooled).

  29. What if I get a message saying “record not found”? Then one of three things has occurred: • The school has entered incorrect student information (nicknames, incorrect SS#, etc.) - Check your information and retry. • The student has not yet applied for a driver’s permit or license; therefore, the Division of Driver Licensing has no records on the student. • The student received his/her driver’s permit or license prior to August 1, 2007. No Pass/No Drive does not apply to these students.

  30. What happens next? After a school has used the web portal to report either compliance or noncompliance for a student, the Transportation Cabinet automatically generates an official letter within 10 days to the parents of the student. Nothing else is needed, and you don’t need to print a letter yourself.

  31. Can the school choose to send a letter to parents? • Yes, but this is optional. Your district contact person has some sample letter templates for you to use, or schools can create their own version.

  32. Why would a school district report a home-schooled student? • They would be formerly enrolled public school students, who were reported as non-compliant, and then withdrew to be home-schooled.* * The district is only reporting them to make them compliant again, because home schools do not have web portal access. (June-2008)

  33. FAQ: Q. What if a student has dropped out and attends an online school? A. The DOT does not always accept diplomas from these programs because many of them are not accredited by the US Dept. of Education. They do accept completed GED’s.

  34. FAQ: Q. Will students have to pay a fee to have their driver’s license reinstated after revocation due to No Pass/No Drive? A: No, a fee will not be required, unless the license has been suspended for one year (or more), when the student will have to take the written and eye exams again.

  35. FAQ Q. What about lost time in the graduated license process? A. Students pick up where they left off in the graduated license process. They do not get credit toward their license for the time it was revoked due to KRS 159.051.

  36. FAQ: Q: When a student turns 18, how does the student get his/her driver’s license reinstated (if the student was reported noncompliant)? A: It will be the student’s responsibility to go to the circuit court clerk’s office to begin the process of having his/her driver’s license reinstated (by showing proof of age).

  37. FAQ: Q: When an out-of-state student transfers into a Kentucky school, do the grades/absences from other states apply? A: No, unexcused absences from other states would not apply. They are not required to recognize Kentucky’s law.

  38. FAQ Q: If a student withdraws from a school and waits two weeks to enroll in a different school, are those 10 school days considered unexcused absences? A: No. A student must be officially enrolled in a school before absences (excused or unexcused) begin to accrue.

  39. FAQ Q: What happens if a student drops out of school in the fall semester, loses his driver’s license, then re-enrolls in the spring semester and two days later requests to be reinstated? 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 be eligible to have his driver’s license reinstated after the spring semester (if deemed compliant for that semester).

  40. For More Information: Kentucky Department of Education Division of Student Success http://www.education.ky.gov/kde/instructional+resources/student+and+family+support/dropout+prevention Libby Taylor, Consultant libby.taylor@education.ky.gov Call 502-564-4772

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