§ 32:431.1 — School attendance as condition of driving privileges; authorized local policy

Louisiana § 32:431.1

• Jurisdiction: Louisiana
• Title 32: Levees

Text

§431.1. School attendance as condition of driving privileges; authorized local policy
A. Definitions. As used in this Section, the following terms shall have the following
meanings, unless the context clearly indicates otherwise:
(1) "Appropriate authority" means any of the following persons:
(a) A school principal or headmaster or his designee.
(b) In the case of a home school program, the parent.
(c) The adult education supervisor of the adult education program or his designee.
(2) "Department" means the Department of Public Safety and Corrections.
(3)(a) "Dropout" means a person, fifteen years of age or older but less than eighteen
years old, who was enrolled in a school and withdrew or who was enrolled at the end of the
previous school year and is not enrolled on October first of the following school year or who
has more than ten consecutive days of unexcused absences from school or fifteen days total
unexcused absences during a single semester.
(b) "Dropout" does not mean a person who:
(i) Is temporarily absent due to illness, suspension, or expulsion.
(ii) Is attending or has graduated or completed another educational program approved
by the State Board of Elementary and Secondary Education.
(iii) Transferred to a nonpublic school, a correctional institution, or an approved
home school program or moved out of state.
(4) "Habitually absent or tardy" is when either condition continues to exist after all
reasonable efforts by a principal or other appropriate authority have failed to correct the
condition after the fifth unexcused absence or fifth unexcused occurrence of being tardy
within any month or if a pattern of five absences a month is established or as otherwise
provided in R.S. 17:233.
(5) "Minor" means an unemancipated child who is at least fifteen years of age but
less than eighteen years of age.
(6) "School" means a school as defined in R.S. 17:236, or any other secondary or
non-secondary level course or adult education program with a general education course
leading to a Louisiana high school equivalency diploma.
(7) "School board" means a city, parish or other local public school board, the state
agency operating or governing a secondary school, or the governing body of an independent
public school or of a nonpublic school.
B. Required school attendance. (1) No minor may be issued a driver's license or
learner's permit for the operation of a motor vehicle unless, at the time of application,
documentation is presented to the department that the minor has:
(a) Received a high school diploma or a high school equivalency diploma.
(b) Enrolled and is attending a school as defined herein.
(c) Enrolled and is attending a course leading to a high school equivalency diploma.
(d) Completed the required minimum units of credit for high school graduation and
all other graduation requirements as mandated by the State Board of Elementary and
Secondary Education but has failed to pass the high school graduation exit exam.
(e) Received a special education certificate of achievement certifying that the student
has completed high school.
(f) Enrolled in and is participating in a home school program.
(g) Requested and received a decision by the appropriate authority that the minor is
unable to attend any school or program due to circumstances beyond the control of the minor
and deemed acceptable as provided in this Section.
(2) Any minor who has been determined by the appropriate authority to be a dropout
or habitually absent or tardy shall be subject to a denial or suspension of a driver's license or
learner's permit as provided in this Section.
C. Obligations of the department. (1)(a) In addition to any other authority to deny
driving privileges, the department shall not issue a driver's license or learner's permit to any
minor who fails to present appropriate documentation upon application for a driver's license
or learner's permit in compliance with Subsection B of this Section, and shall deny a driver's
license or learner's permit or suspend the driver's license or learner's permit of any minor as
to whom the department receives written notification from a school board that the minor is
a dropout or habitually absent or tardy pursuant to the policy adopted by a school board.
Such denial or suspension shall remain effective until such time as the minor reaches the age
of eighteen or otherwise complies with the provisions of this Section, whichever occurs first.
(b) Any license denial or suspension shall not extend beyond the minor's eighteenth
birthday. At the conclusion of the suspension or upon receiving documentation of
compliance with Subsection B of this Section, the department shall return the license to the
minor or issue a new license.
(2) The department shall promulgate all necessary rules and guidelines for the
implementation of this Section in accordance with the Administrative Procedure Act as are
necessary which shall include but shall not be limited to a procedure for providing written
notification of the intention to notify the department of a license suspension and the
specification of the forms which may be required for the purpose of documenting and
reporting as provided in this Section.
D. Authority of the school board. (1) The Recovery School District and any school
board may adopt and institute a policy and procedure for providing written notification to the
department of any minor who is determined by the school board to be a dropout or habitually
absent or tardy for the purpose of driver's license denial or suspension. Only if the Recovery
School District or a school board elects to adopt such a policy and procedure may any student
who is determined to be a dropout or habitually absent or tardy be reported by the school
board to the department.
(2) The Recovery School District or any school board which adopts such a policy
shall promulgate rules to implement such policy which shall include provisions providing
for written notification to students and their parents or legal guardians of the policy and for
providing a means for students, parents, or legal guardians to dispute a determination of the
student's status as a dropout or as habitually absent or tardy.
E. Documentation of school attendance. (1) Upon the request of any minor who is
enrolled and attending a school and who is eligible to apply for a license, the appropriate
authority shall provide to him documentation of his compliance with Subsection B of this
Section.
(2) The minor, his parents, or legal guardians shall present such documentation of
his compliance to the office of motor vehicles upon application for or renewal of a driver's
permit, which shall include the temporary instruction permit and learner's permit, or license
to operate a motor vehicle.
(3) Documentation of the minor's compliance with Subsection B of this Section shall
be provided in a signed statement to the department attesting to compliance. The
documentation shall be provided by the parent or guardian of a seventeen year old first time
applicant for a Class "E" license. However, if the first time applicant for a Class "E" license
is seventeen years of age and emancipated, the applicant shall provide the signed attestation
confirming compliance with Subsection B of this Section for himself, provided that the
applicant has proof of emancipation and the necessary identifying information and
documents. Such documentation of the minor's compliance with Subsection B of this Section
shall be valid for a period of ninety days from the date of issuance.
F. Reinstatement. Any minor whose license is denied or suspended pursuant to this
Section may otherwise be eligible for reapplication or reinstatement of driving privileges if
the appropriate documentation is submitted to the department showing that the minor is in
compliance with the requirements of Subsection B of this Section.
G. Notification and Appeal. (1) An appropriate authority shall provide written
notification to any minor whom he has determined to be a dropout or habitually absent or
tardy and his parent or legal guardian that he intends to subject the minor to license denial
or suspension. The written notification shall advise the minor of his right to seek a hearing
by the school board of such determination or to make a request to the school board to obtain
a hardship waiver as provided in Subsection H of this Section within fifteen days of the
mailing of the notification. The appropriate authority shall also send a copy of such
notification to the school board.
(2) If the school board is notified of a request for a hearing or a request for a hardship
license within fifteen days after the date of mailing the written notification, the board shall
hold a hearing to make a determination upon such request. If no such request is received by
the board, or if the board determines after a hearing that such student is a dropout or is
habitually absent or tardy and is not entitled to a hardship waiver as provided for in
Subsection H of this Section, then the school board shall provide written notification to the
department that the minor's license should be suspended or denied.
H. Hardship waiver. (1) The school board may waive the requirements of this
Section for any minor for whom a personal, family, or economic hardship requires the minor
to have a driver's license for his own, or his family's, employment or medical care as
provided in R.S. 17:226. The minor or his parent or legal guardian may present other
evidence that indicates compliance with the requirements of this Section at the waiver
hearing.
(2) The school board shall notify the department of the outcome of the minor's
hardship waiver hearing within twenty-four hours after conducting the hearing.
(3) Upon a determination by the school board that a hardship waiver is warranted,
the department shall issue a hardship license for provisional driving privileges to the minor
upon presentation of such documentation and proof of financial responsibility as determined
by the department. Such driving privileges shall not exceed those granted by the license that
was suspended.

Legislative History

Acts 2008, No. 688, §2, eff. June 1, 2009; Acts 2009, No. 224, §6; Acts 2014, No. 817, §1; Acts 2020, No. 282, §1.