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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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