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47-6-107.3.


47-6-107.3.


    A.  The Department of Public Safety shall deny a license,
restricted license, or instruction permit for the operation of a
motor vehicle to any person under eighteen (18) years of age who does
not, at the time of application, present documentation that such
person:
    1.   a.   is a student enrolled in a public or private secondary
              school, including any area vocational-technical school,
              of this state or any other state,
         b.   has received a diploma or certificate of completion
              issued to the person from a secondary school of this
              state or any other state,
         c.   is enrolled and making satisfactory progress in a
              program leading to a Certificate of High School
              Equivalency issued by the State Department of
              Education, or has obtained such certificate,
         d.   is excused from such requirement pursuant to a lawful
              excuse as defined in subsection G of this section or
              due to circumstances beyond the control of the person,
              or
         e.   is excused from such requirement pursuant to subsection
              C of this section; and
    2.  Has successfully passed the criterion-referenced reading test
required for all eighth grade students or an alternative reading
proficiency test approved by the State Department of Education
pursuant to the provisions of Section 3 of this act demonstrating
reading proficiency at the eighth-grade reading level, unless such
student is excused from such requirement pursuant to the provisions
of Section 3 of this act.
    Provided, during the summer months when school is not in regular
session, as established by the school district pursuant to Section 1-
109 of Title 70 of the Oklahoma Statutes, persons under eighteen (18)
years of age may satisfy the documentation requirement of this
subsection by providing a notarized written statement from the
parent, custodial parent or legal guardian of the child to the
Department of Public Safety that the child completed the immediately
previous school year and is enrolled or intends to enroll for the
immediately subsequent school year.  The documentation shall be
signed by the parent, custodial parent or legal guardian.
    B.  1.  A student under eighteen (18) years of age who is
receiving education by other means, including education at home
pursuant to Section 4 of Article XIII of the Oklahoma Constitution,
shall satisfy the documentation requirement of paragraph 1 of
subsection A of this section by providing a written statement from
the parent, custodial parent, or legal guardian of the student to the
Department of Public Safety attesting that the child is receiving
instruction by other means pursuant to Section 4 of Article XIII of
the Oklahoma Constitution.  The documentation shall be signed by the
parent, custodial parent, or legal guardian.
    2.  Any person who falsifies the information required in such
documentation, upon conviction, shall be guilty of a misdemeanor.
    C.  1.  A student under eighteen (18) years of age, who does not
meet the requirements of subparagraphs a through c of paragraph 1 of
subsection A of this section or the requirements of subsection B of
this section, may retain or be issued a driver license if:
         a.   the student is employed at least twenty-four (24) hours
              per week, and
         b.   the student's employer verifies such employment on a
              form prescribed by the Department of Public Safety.
    2.  Any student who has retained or been issued a driver license
pursuant to this subsection who leaves such employment shall have
fifteen (15) days from the date of termination of employment to
provide verification of employment from a new employer.
    3.  Any employer who falsifies a verification of employment shall
be subject to an administrative fine of not more than Fifty Dollars
($50.00), to be assessed by the Department of Public Safety.
    D.  1.  School district attendance officers, upon request, shall
provide a documentation of enrollment status form, established and
approved by the Department of Public Safety, to any student under
eighteen (18) years of age who is properly enrolled in a school for
which the attendance officer is responsible, for presentation to the
Department of Public Safety upon application for or reinstatement of
an instruction permit, restricted license, or license to operate a
motor vehicle.
    2.  Except as provided in subsection E of this section, whenever
a student over fourteen (14) years of age and under eighteen (18)
years of age withdraws from school, the attendance officer shall
notify the Department of Public Safety of such withdrawal through a
documentation of enrollment status form.
    3.  Within fifteen (15) working days of the receipt of such
notice, the Department of Public Safety shall provide written notice
to the student, by first class, postage prepaid mail, that the
student's license will be canceled, or the driver license application
of the student will be denied thirty (30) days following the date the
notice to the student was sent, unless documentation of compliance
with the provisions of this section is received by the Department of
Public Safety before such time.  After the thirty-day period, the
Department of Public Safety shall cancel the driving privileges of
the student.
    E.  When the withdrawal from school of a student is:
    1.  Due to circumstances beyond the control of the student;
    2.  Pursuant to any lawful excuse; or
    3.  For the purpose of transfer to another school, including
education at home pursuant to Section 4 of Article XIII of the
Oklahoma Constitution, as confirmed in writing by a parent, custodial
parent, or legal guardian of the student,
no notice as required by subsection D of this section shall be sent
to the Department of Public Safety, or, if sent, such notice shall be
disregarded by the Department of Public Safety.  If the student is
applying for a license, restricted license, or instruction permit,
the attendance officer shall provide the student with documentation
to present to the Department of Public Safety to excuse the student
from the requirements of this section.
    F.  Every school district shall, upon request, provide
documentation of reading proficiency for any student enrolled in such
school district by certifying passage of a reading examination
pursuant to the provisions of Section 3 of this act.
    G.  As used in this section:
    1.  "Withdrawal" means more than ten (10) consecutive days, or
parts of days, of unexcused absences or fifteen (15) days, or parts
of days, total unexcused absences during a single semester;
    2.  "Lawful excuse" means absence from school pursuant to any
valid physical or mental illness or pursuant to any legal excuse as
provided in Section 10-105 of Title 70 of the Oklahoma Statutes;
provided, however, the meaning of such term shall not include
marriage;
    3.  "Circumstances beyond the control of the person" shall not
include marriage, suspension or expulsion from school, or
imprisonment in a jail, penitentiary or other correctional
institution;
    4.  "Documentation of enrollment status form" means the document
established and approved by the Department of Public Safety to
substantiate information concerning a student's eligibility to apply
for or to retain a license or permit to drive.  Such documentation
shall not include any information which is considered an education
record pursuant to the Family Education Rights and Privacy Act, 20
U.S.C., Sections 1232g through 1232i, unless compliance is made with
the restrictions regarding disclosure of the information; and
    5.  "Documentation of reading proficiency" means information
provided by a school authorized by subsection B of Section 3 of this
act to certify a student's eligibility to apply for a license or
permit based on passage of a reading proficiency test approved by the
State Department of Education, or pursuant to the alternative
documentation criteria provided in subsection C of Section 3 of this
act.  Such documentation shall not include any information which is
considered an education record pursuant to the Family Education
Rights and Privacy Act, 20 U.S.C., Sections 1232g through 1232i,
unless compliance is made with the restrictions regarding disclosure
of the information.
    H.  The provisions of this section shall be inapplicable with
respect to any minor upon whom rights of majority have been conferred
pursuant to Sections 91 through 94 of Title 10 of the Oklahoma
Statutes.
    I.  The Department of Public Safety shall establish and approve
documentation forms and certificates required by this section for use
by school districts to comply with the provisions of this section.
Upon establishment and approval of such forms and certificates, the
Department of Public Safety shall notify each school district and the
State Board of Education of the content thereof.







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