From the ECS State Policy Database Accountability--Sanctions/Interventions--No Pass No Drive

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary TN Signed into law 03/2012 P-12 Requires the department of safety to report annually to the senate and house education committees the number of students whose driver licenses were denied or suspended for failure to make satisfactory academic progress. Directs the department of safety also to report the number of such students whose licenses were granted or reinstated. http://www.capitol.tn.gov/Bills/107/Bill/SB0882.pdf Title: S.B. 882 Source: http://www.capitol.tn.gov NM Adopted 12/2009 P-12 Establishes requirements for demonstrating 9th grade math & reading proficiency and meeting school attendance standards prior to receiving an MVD driving permit for the year 2011. http://www.nmcpr.state.nm.us/nmac/parts/title06/06.030.0011.htm Title: NMAC 6.30.11 Source: http://www.nmcpr.state.nm.us/nmac/ LA Signed into law 07/2008 P-12 Authorizes the denial or suspension of a driver's license or learner's permit of a minor who is not enrolled in or has not completed school or an adult education program or who is habitually absent or tardy; authorizes school boards, the Recovery School District, and nonpublic schools to adopt policies relative to such denial or suspension; provides for notification of the Department of Public Safety and Corrections when a minor drops out of school or is considered habitually absent or tardy. http://www.legis.state.la.us/billdata/streamdocument.asp?did=504219 Title: S.B. 275 Source: http://www.legis.state.la.us/ KS Signed into law 04/2008 P-12 Repeals definition of "school safety violation." Rewrites provision relating to a student found in possession of a weapon or illegal drug at school or on school property, or who has engaged in an act or behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others. Allows a student whose driver's license was suspended or revoked due to the student's suspension or expulsion to request a hearing to determine whether there are reasonable grounds to believe the student was in possession of a weapon or illegal drug at school or on school property, or was engaged in behavior at school or on school property that resulted in, or was substantially likely to have resulted in, serious bodily injury to others. Prohibits issuance or renewal of a teacher's license to a person convicted of rape, indecent liberties with a child, sodomy, indecent solicitation of a child, sexual exploitation of a child, incest, endangering a child, child abuse, murder, manslaughter, sexual battery, promoting obscenity or any felony. http://www.kslegislature.org/bills/2008/470.pdf Title: S.B. 470 Source: www.kslegislature.org WV Signed into law 04/2008 P-12 Provides that student driving privileges may be withheld or revoked for those who are not making satisfactory academic progress in high school. Satisfactory academic progress is defined as "the attaining and maintaining of grades sufficient to allow for graduation and course-work in an amount sufficient to allow graduation in five years or by age nineteen, whichever is earlier." http://www.legis.state.wv.us/Bill_Text_HTML/2008_SESSIONS/RS/BILLS/HB4023%20Enr.htm Title: H.B. 4023 Source: http://www.legis.state.wv.us KS Signed into law 04/2007 P-12 From supplemental note on S.B. 129: Changes notification requirements regarding students expelled or suspended from school for committing a school safety violation. Requires a school's chief administrative officer to notify the appropriate law enforcement agency of the expulsion or suspension within ten days. Following receipt of this notice, requires the law enforcement agency to notify the Division of Motor Vehicles, which in turn must immediately suspend the student's driver's license or privilege to operate a motor vehicle for one year. Clarifies that a student's license or driving privileges are not to be revoked if timely notification is not given. Bill: http://www.kslegislature.org/bills/2008/129.pdf Fiscal note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=125047 Supplemental note: http://www.kslegislature.org/supplemental/2008/SN0129.pdf Title: S.B. 129 Source: www.kslegislature.org KY Signed into law 03/2007 P-12 Deletes the requirement that a local school district operate an alternative education program prior to the revocation of a student's operator's license, intermediate license, or instruction permit; requires that the application of any minor under the age of 18 for a license or permit include parental consent for the release of academic and attendance information required under KRS 159.051. http://www.lrc.ky.gov/record/07RS/HB32/bill.doc Title: H.B. 32 Source: Lexis-Nexis/StateNet IL Signed into law 06/2006 P-12 Amends the Vehicle Code and the School Code. Provides for cancellation or refusal to renew a driver's license or learner's permit of a person under 18 who is a chronic or habitual truant. Requires districts to include in quarterly reporting to the state the names of: pupils whose withdrawal is due to extraordinary circumstances, including but not limited to economic or medical necessity or family hardship, as determined by district criteria; pupils who have re-enrolled in school since their names were removed from the attendance rolls; any pupil certified to be a chronic or habitual truant; and pupils previously certified as chronic or habitual truants who have resumed regular school attendance. Requires districts to establish criteria for the local superintendent to use in determining whether a pupil's failure to attend school is the result of extraordinary circumstances, including economic or medical necessity or family hardship. Provides for listing of pupils who have re-enrolled. Includes non-public schools. Provides for provision of a comparison of drop out rates. Includes economic or family hardship and medical necessity. Requires a report to the Secretary of State. Directs the state board to, if possible, make available to any person, upon request, a comparison of dropout rates before and after enactment of these provisions. http://www.ilga.gov/legislation/94/HB/PDF/09400HB1463lv.pdf Title: H.B. 1463 Source: www.ilga.gov GA Signed into law 04/2006 P-12 Clarifies that a minor's license previously revoked under the No Pass No Drive policy and related rules may be reinstated upon proof of receipt of a high school diploma or certificate of completion, or enrollment in postsecondary education, whichever comes first. http://www.legis.state.ga.us/legis/2005_06/pdf/hb1253.pdf Title: H.B. 1253 Source: www.legis.state.ga.us WV Rule Adoption 04/2006 P-12 Amends rules regarding half-day attendance and specific ages for compulsory school attendance. Identifies the specific number of days in which a parent, guardian or custodian of children with excessive unexcused absences must attend a school-based conference, and defines satisfactory attendance related to the revocation of drivers' licenses. http://wvde.state.wv.us/policies/p4110_ne.pdf Title: Title 126, Series 81 Source: Lexis-Nexis/StateNet IN Signed into law 03/2006 P-12 Requires district report cards to report: --The number and percentage of students participating in the school flex program, if offered (see IC 20-30-2-2.2 http://www.in.gov/legislative/ic/code/title20/ar30/ch2.html) --The number of students who have dropped out of school, including the reasons for dropping out. --The number of student work permits revoked. --The number of student driver's licenses revoked. --The number of students who have not advanced to grade 10 due to a lack of completed credits. --The number of students suspended for any reason. --The number of students receiving an international baccalaureate diploma. http://www.in.gov/legislative/bills/2006/HE/HE1347.1.html Title: H.B. 1347 Section 7 Source: www.in.gov/legislative GA Signed into law 05/2005 P-12 Amends No Pass No Drive law. Adds provision that a student who is pursuing a general education development (GED) diploma will not have his/her drivers license suspended. Amends absences or other behaviors that trigger suspension to include ten or more school days of unexcused absences in the previous academic year; or if student has been found in violation by a hearing officer, panel, or tribunal of one of several offenses, has received a change in placement for committing one of several offenses, or has waived his or her right to a hearing and pleaded guilty to certain offenses on school property or at a school sponsored event (adds the latter). http://www.legis.state.ga.us/legis/2005_06/pdf/sb35.pdf Title: S.B. 35 - Attendance Provisions Source: http://www.legis.state.ga.us RI To governor 06/2004 P-12 Provides that if a minor accumulates fifteen (15) unexcused absences within ninety (90) calendar days, they are ineligible for driving privileges and would provide for enforcement, notification, compliance, reinstatement and jurisdiction of this provision. This act would take effect upon passage. Title: S.B. 2594 Source: http://www.rilin.state.ri.us/gen_assembly/genmenu.html RI Became law without governor's signature 06/2004 P-12 Would set eligibility requirements for school attendance to obtain a driver's license for minor students. This act would take effect on January 15, 2005. Title: H.B. 7397 Source: StateNet OK Signed into law 05/2004 P-12 Part of this bill relates to the Reading Sufficiency Act; limits certain students who are excluded from the reading goals and program of reading instruction; modifies reading skills to include vocabulary; requires the demonstration of reading proficiency for driver license; limits alternative documentation option to certain students. http://www2.lsb.state.ok.us/2003-04HB/hb2477_enr.rtf Title: H.B. 2477 Source: http://www2.lsb.state.ok.us NM Signed into law 03/2004 P-12 Relates to compulsory school attendance; provides for early identification of unexcused absences and truancy; provides for enforcement of habitual truancy; provides for suspension of an habitual truant's driver's license. Title: H.B. 106 Source: StateNet OR Signed into law 08/2003 P-12 Allows a school district to request suspension of driving privileges of a student who has been suspended or expelled at least twice for activities involving controlled substances; defines the mixture or substance for certain controlled substance laws. Title: S.B. 342 Source: StateNet LA Signed into law 06/2003 P-12 Requires the principal of any public or private school to notify the office of motor vehicles when any student between the ages of 14 and 18 has been subjected to any of the following disciplinary actions: expulsion or suspension from school for ten or more consecutive school days or an assignment to an alternative educational setting for ten or more consecutive school days in accordance with any policy of the school or of the local public school board, limited to expulsions, suspensions, and assignments to alternative educational settings for infractions involving the sale or possession of drugs, alcohol, or any other illegal substance, the possession of a firearm, or an infraction involving assault or battery on a member of the school faculty or staff. Requires local boards to adopt rules and regulations regarding these provisions. Requires the driver's license (or learner's license or intermediate license) of any student subjected to any of the above disciplinary actions to be revoked for one year. Allows student to obtain a special identification card, hearing or a hardship license. Specifies that a license suspension under these provisions cannot extend beyond the student's 18th birthday. Allows a student's driver's license to be eligible for reinstatement if, after six months from the date of denial or suspension, the principal notifies the department in writing that the student has displayed exemplary student behavior at school, has not violated any school policies or been found guilty of any misconduct pursuant to R.S. 17:416 or any policy of the school or of the local public school board, and no further disciplinary measures have been taken. Bars issuer of car insurance from increasing rates or premiums because of any suspension of a license under these provisions. http://www.legis.state.la.us/leg_docs/03RS/CVT4/OUT/0000KSQH.PDF Title: H.B. 1686 Source: www.legis.state.la.us VA Signed into law 03/2002 P-12 Modifies the current statute regarding suspension of driver's licenses for truancy to provide, upon a finding of a second or subsequent truancy offense, for the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age 16 and 3 months. Title: H.B. 160 Source: Lexis-Nexis/StateNet CA Signed into law 01/2002 P-12 Any minor who is required to be reported as a truant may be required to attend makeup classes conducted on one day of a weekend and is subject to the following: (a) The first time a truancy report is required, the pupil may be personally given a written warning by any peace officer specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for a period of not less than two years, or until the pupil graduates, or transfers, from that school. If the pupil transfers, the record may be forwarded to any school receiving the pupil's school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agency's policies and procedures. (b) The second time a truancy report is required within the same school year, the pupil may be assigned by the school to an afterschool or weekend study program located within the same county as the pupil's school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c). (c) The third time a truancy report is required within the same school year, the pupil shall be classified a habitual truant and may be referred to, and required to attend, an attendance review board or a truancy mediation program. If the district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school district's attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d). (d) The fourth time a truancy is required to be reported within the same school year, the pupil shall be within the jurisdiction of the juvenile court which may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following: (1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupil's hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph. (2) Payment of a fine by the pupil of not more than one hundred dollars ($100) for which a parent or guardian of the pupil may be jointly liable. (3) Attendance of a court-approved truancy prevention program. (4) Suspension or revocation of driving privileges. This subdivision shall apply only to a pupil who has attended a school attendance review board program, a program operated by a probation department acting as a school attendance review board, or a truancy mediation program. Title: A.B. 804 Source: California Legislative Web Site TN Became law without governor's signature 05/2001 P-12 Increases from five to ten unexcused absences allowed prior to suspension or denial of driver license of minor individual enrolled in GED courses. Title: S.B. 146 Source: Tennessee Legislative Web Site VA Signed into law 03/2000 P-12 Requires the juvenile and domestic relations court to order the denial of driving privileges for at least 30 days to any child at least 13 years of age upon a finding that the child has failed to comply with certain school attendance and parent-school conference meeting requirements. Title: H.B. 490 Source: Lexis-Nexis/StateNet