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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
February 19, 2004
S. 988
S. Printed 2/19/04--S.
Read the first time February 19, 2004.
TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-176 of the 1976 Code, as last amended by Act 181 of 2002, is further amended to read:
"Section 56-1-176. (A) School attendance is a condition for the issuance of a beginner's permit, a conditional driver's license, and a special restricted driver's license, and a regular driver's license for a person who is less than eighteen years of age. By applying for a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license, a person less than eighteen years of age consents to the release of his high school attendance and applicable progress records by the school district to the Department of Motor Vehicles for purposes of this section. The Department of Motor Vehicles may not issue a beginner's permit, conditional driver's license, or a special restricted driver's license, or a regular driver's license to a person less than eighteen years of age pursuant to Section 56-1-40, Section 56-1-50, Section 56-1-175 or Section 56-1-180 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Diploma; or
(2) is enrolled in a public or private school or is home schooled under the provisions contained in Section 59-65-40, 59-65-45, or 59-65-47, and is making satisfactory progress in a curriculum leading to a General Educational Development Diploma or has obtained the Diploma, or is excused from a requirement contained in this section and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status and progress must be presented to the Department of Motor Vehicles by the applicant on a form approved by the Department. The documentation must indicate whether the student is in compliance with the requirements as provided in subsection (A).
(C) The appropriate school official or home school association shall provide documentation of enrollment status and progress on a form approved by the Department of Education to any student at least fifteen but less than eighteen years of age upon request to the applicant who is properly enrolled in a school under the jurisdiction of the official for presentation to the Department of Motor Vehicles on application for or reinstatement of a beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license to operate a motor vehicle. Whenever a student who is at least fifteen but less than eighteen years of age withdraws from school, except as provided in subsection (E) of this section, the appropriate school official shall notify the Department of Motor Vehicles electronically of the withdrawal not later than five school days from the withdrawal date. Within five days of receipt of the notice, the Department of Motor Vehicles shall send notice to the licensee that the beginner's permit, a conditional driver's license, a special restricted driver's license, or a regular driver's license will be suspended under the provisions of this section on the twentieth day following the date the notice was sent unless documentation of compliance with the provisions of this section is received electronically by the Department of Motor Vehicles from the board of trustees of the school district or its designee, the governing body of a private school, or an official of a home school association before that time.
(D) For the purposes of this section:
(1) 'withdrawal' means more than ten total days unexcused absences during a school year; and
(2) expulsion from school or imprisonment is not a circumstance beyond the control of a student.
(E) Whenever a person withdraws from school or fails to make satisfactory progress in a curriculum leading to or while obtaining a General Educational Development Diploma or high school diploma, and it is beyond the control of the person, or is for the purpose of transfer to another school as confirmed in writing by the person's parent or guardian, notice shall not be sent to the Department of Motor Vehicles to suspend the student's permit or driver's license and if the person is applying for a permit or license, the appropriate school official shall provide the student with documentation to present to the Department of Motor Vehicles to excuse the person from the provisions of this section. The board of trustees of a school district or its designee, the governing body of a private school, or a home school association shall be the sole judge of whether a person's withdrawal is due to circumstances beyond the control of the person.
(F) A person may petition the public school principal, the designee of the governing body of a private school, or the designee of the home school association for a waiver of the requirements of this section if that person has a personal or family hardship that requires that the person have a driver's license. For purposes of this section, a personal or family hardship means a medical condition of the person that requires that he maintain a driver's license to receive treatments, or employment requiring the person to maintain a driver's license to support himself or his immediate family. The person has the burden of demonstrating the need for a waiver to the public school principal, designee of the governing body of a private school, or the home school association. In considering any such petition, the appropriate school official shall take into account the recommendations of physicians, teachers, other school officials, guidance counselors, or academic advisors prior to granting a waiver to the requirements of this section. A person denied a waiver may appeal the decision of the public school principal, the designee of the governing body of a private school, or the designee of a home school association to the board of trustees of the public school district, the governing body of a private school, or the home school association.
(G) No person whose permit or license has been suspended pursuant to this section may have his permit or license reinstated until that person has successfully complied with the requirements of subsection (A)(2) of this section for a full school semester subsequent to the semester during which the person's permit or license was suspended. If a person has complied with the requirements of subsection (A)(2) for a full semester, he may petition, in writing, for reinstatement of his permit or license to the board of trustees of the school district or its designee, the governing body of the private school, or the home school association. Upon determining that the person is in compliance with this subsection, the board or governing body or association shall notify the Department of Motor Vehicles electronically and the Department of Motor Vehicles shall reinstate the person's permit or license.
(H) Pursuant to State Board of Education Regulation, 24 South Carolina Code Annotated Regulation 43-274, a student between the ages of sixteen and seventeen years who has been through the school intervention process, has reached the level of a habitual truant, has been referred to Family Court and placed on an order to attend school, and continues to accumulate unlawful absences will be deemed a "chronic" truant. A family court judge having jurisdiction over his case may issue a court order suspending a student's license in accordance with this section.
(I) If any section, subsection, paragraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective."
SECTION 2. This act takes effect on August 1, 2004.
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