Relating to special minor’s driver’s licenses of students who receive competent private instruction or independent private instruction, and making penalties applicable

Under current law, an application for a special minor’s driver’s license must be accompanied by a statement from the applicant’s school of enrollment. The statement must certify that a need exists for the license and that the person signing the statement is not responsible for actions of the applicant which pertain to the applicant’s use of the license. If the applicant attends a public school, the certification must be made by the school board, superintendent of the applicant’s school, or principal, if authorized by the superintendent. If the applicant attends an accredited nonpublic school, the certification must be made by the authorities in charge of the accredited nonpublic school or a duly authorized representative of the authorities. The school must develop and adopt a policy establishing the criteria that the school uses to approve or deny certification that a need exists for a license. If the school is a public school, the policy must be developed and adopted by the school board. If the school is an accredited nonpublic school, the policy must be developed and adopted according to procedures determined by the authorities in charge of the accredited nonpublic school. The fact that an applicant resides at a distance less than one mile from the applicant’s school of enrollment is prima facie evidence of the nonexistence of necessity for the issuance of the license. However, the distance between the applicant’s residence and school of enrollment cannot be considered if the applicant resides on a farm or is employed for compensation on a farm. over the most direct and accessible route between the licensee’s residence and the location where the licensee receives instruction, and to a public school or accredited nonpublic school for the purpose of attending classes or extracurricular activities, regardless of whether the licensee is enrolled at the school, provided the driving distance between the point of origin and the destination is no more than miles. The bill requires the primary instructor of a person who receives competent private instruction or independent private instruction in accordance with Code chapter 299A, rather than the person’s school, to submit the certification to the DOT. The presumption of the nonexistence of necessity for the issuance of a license does not apply to such a student under the bill.194 is punishable by a scheduled fine of $70.