159.051 Loss of license or permit by student for dropping out of school or for
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/ky/159-051A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
academic deficiency -- Procedures for reinstatement.
(1)When a student who is at least fifteen
(15)years of age but less than eighteen
years of age drops out of school or is declared to be academically deficient, the
school administrator or his or her designee shall notify the superintendent of
schools of the district in which the student is a resident or is enrolled. The reports
shall be made at the end of each semester but may be made earlier in the semester
for accumulated absences. A student shall be deemed to have dropped out of school
when he or she has nine
(9)or more unexcused absences in the preceding semester.
Any absences due to suspension shall be unexcused absences. A student shall be
deemed to be academically deficient when he or she has not received passing
grades in at least four
(4)courses, or the equivalent of four
(4)courses, in the
preceding semester. The local school board shall adopt a policy to reflect a similar
standard for academic deficiency for students in alternative, special education, or
part-time programs.
(2)Within ten
(10)days after receiving the notification, the superintendent shall report
the student's name and Social Security number to the Transportation Cabinet. As
soon as possible thereafter, the cabinet shall notify the student that his or her
operator's license, intermediate license, permit, or privilege to operate a motor
vehicle has been revoked or denied and shall inform the student of his or her right
to a hearing before the District Court of appropriate venue to show cause as to the
reasons the license, permit, or privilege should be reinstated. Within fifteen
days after this notice is sent, the custodial parent, legal guardian, or next friend of
the student may request an ex parte hearing before the District Court. The student
shall not be charged District Court filing fees. The notification shall inform the
student that he or she is not required to have legal counsel.
(3)In order for the student to have the license reinstated, the court shall be satisfied
that:
(a)The license is needed to meet family obligations or family economic
considerations which, if unsatisfied, would create an undue hardship; or
(b)The student is the only licensed driver in the household; or
(c)The student is not considered a dropout or academically deficient pursuant to
this section.
If the student satisfies the court, the court shall notify the cabinet to reinstate the
student's license at no cost. The student, if aggrieved by a decision of the court
issued pursuant to this section, may appeal the decision within thirty
(30)days to
the Circuit Court of appropriate venue. A student who is being schooled at home
shall be considered to be enrolled in school.
(4)A student who has had his or her license revoked under this section may reapply for
a license as early as the end of the semester during which he or she enrolls in school
and successfully completes the educational requirements. A student may also
reapply for a license at the end of a summer school semester which results in the
student having passed at least four
(4)courses, or the equivalent of four
(4)courses,
during the successive spring and summer semesters, and the courses meet the
educational requirements for graduation. The student shall provide proof issued by the school within the preceding sixty
(60)days that he or she is enrolled and is not academically deficient.