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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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