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                                                      PRINTER'S NO. 1125

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 990 Session of 1989


        INTRODUCED BY MAYERNIK, HERMAN, LEVDANSKY, MARKOSEK, COY,
           KOSINSKI, COLAIZZO, J. L. WRIGHT, VAN HORNE, GANNON,
           TANGRETTI, FOX, BURD, SERAFINI, MERRY, FARMER, PISTELLA,
           E. Z. TAYLOR, ITKIN AND JAMES, APRIL 4, 1989

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 4, 1989

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, requiring school attendance as a condition for
     3     operating privileges.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 1507.1.  School attendance as condition for licensing.
     9     (a)  General rule.--In addition to the requirements of
    10  section 1507 (relating to application for driver's license or
    11  learner's permit by minor), the department shall not issue a
    12  driver's license or learner's permit to any person 17 years of
    13  age or younger who does not, at the time of application, present
    14  a diploma or other certificate of graduation issued to the
    15  person from a secondary high school of this Commonwealth or any
    16  other state, or documentation that the person is:
    17         (1)  enrolled and making satisfactory progress in a


     1     course leading to a general educational development
     2     certificate (GED) from a State-approved institution or
     3     organization, or has obtained such certificate;
     4         (2)  enrolled in a secondary school of this Commonwealth
     5     or any other state; or
     6         (3)  excused from such requirement due to circumstances
     7     beyond his control.
     8     (b)  Duties of attendance officer.--The attendance officer or
     9  chief administrator of a school shall, upon request, provide
    10  documentation of enrollment status on a form approved by the
    11  Department of Education to any student 16 years of age or older
    12  who is properly enrolled in a school under the jurisdiction of
    13  that official for presentation to the department on application
    14  for or reinstatement of a driver's license or learner's permit.
    15  Whenever a student 16 years of age or older withdraws from
    16  school, except as provided in subsection (d), the attendance
    17  officer or chief administrator shall notify the department of
    18  such withdrawal. Within five days of receipt of such notice, the
    19  department shall send notice to the licensee that the license
    20  will be suspended on the 30th day following the date the notice
    21  was sent unless documentation of compliance with the provisions
    22  of this section is received by the department before that time.
    23     (c)  Withdrawal.--For the purposes of this section,
    24  withdrawal shall be defined as more than 10 consecutive or 15
    25  total days' unexcused absences during a single semester. For the
    26  purposes of this section, suspension or expulsion from school or
    27  imprisonment in a jail or a penitentiary is not a circumstance
    28  beyond the control of such person.
    29     (d)  Circumstances beyond control.--Whenever the withdrawal
    30  from school of the student, or the student's failure to enroll
    19890H0990B1125                  - 2 -

     1  in a course leading to or to obtain a GED or high school
     2  diploma, is beyond the control of the student, or is for the
     3  purpose of transfer to another school as confirmed, in writing,
     4  by the student's parent or guardian, no such notice shall be
     5  sent to the department to suspend the student's driver's license
     6  or learner's permit, and, if the student is applying for a
     7  driver's license or learner's permit, the attendance officer or
     8  chief administrator shall provide the student with documentation
     9  to present to the department to excuse the student from the
    10  provisions of this section. The school district superintendent,
    11  or the appropriate school official of any private secondary
    12  school, with the assistance of other staff or school personnel,
    13  shall be the sole judge of whether the withdrawal is due to
    14  circumstances beyond the control of the person.
    15     Section 2.  This act shall take effect in 60 days.










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