BP BHEAD INT S [atlas:bill]

AN ACT Relating to truancy; amending RCW 49.12.123, 46.20.100, and 46.20.181; adding new sections to chapter 28A.225 RCW; adding new sections to chapter 46.20 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 28A.225 RCW to read as follows:

(1) Each district shall prepare a list of its enrolled students who, during the previous one hundred eighty days, have substantially failed to carry out their school attendance responsibility under RCW 28A.225.010(1). A student shall be considered to have substantially failed to carry out this responsibility if the student has been absent from school without excuse for five or more school days or absent from school with excuse for eighteen or more school days during the one hundred eighty school days preceding the date on which the list is published. For purposes of this subsection, the number of school days absent without excuse or with excuse shall be determined by dividing the number of hours the student was absent without or with excuse by the number of hours in the student's average school day.

(2) No student on the district's list prepared under subsection (1) of this section may enroll in a traffic safety education course offered by a school district or offered by a driver training school under chapter 46.82 RCW or obtain an application for a driver's license under chapter 46.20 RCW.

(3) Students on the district's list prepared under subsection (1) of this section who are absent with excuse may be removed from the list upon a finding by the district that the student:

(a) Is physically or mentally unable to attend school;

(b) Is a legally emancipated student; or

NEW SECTION. Sec. 2. A new section is added to chapter 28A.225 RCW to read as follows:

Parents providing home-based instruction for their child shall submit written evidence to the local school district that the student is complying with applicable education requirements in order to qualify for a license tab issued by the school district under RCW 46.20.181 and section 8 of this act.

Sec. 3. RCW 49.12.123 and 1991 c 303 s 8 are each amended to read as follows:

(1) In implementing state policy to assure the attendance of children in the public schools it shall be required of any person, firm or corporation employing any minor under the age of eighteen years to obtain a work permit as set forth in RCW 49.12.121 and keep such permit on file during the employment of such minor, and upon termination of such employment of such minor to return such permit to the department of labor and industries.

(2) Employers of students complying with RCW 28A.225.010(1)(e)(i) shall submit written evidence to the department of licensing that the student is complying with applicable education requirements in order to qualify for a license tab issued by the school district under RCW 46.20.181 and section 8 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 46.20 RCW to read as follows:

The department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license if the applicant is a student subject to section 1 of this act unless the department is provided proof that the applicant is not on the district's list of students who have substantially failed to carry out the school's attendance policy.

Sec. 5. RCW 46.20.100 and 1990 c 250 s 36 are each amended to read as follows:

Except as provided in section 4 of this act, the department of licensing shall not consider an application of any minor under the age of eighteen years for a driver's license, driver's license tab renewal, or the issuance of a motorcycle endorsement for a particular category unless:

(1) The application is also signed by a parent or guardian having the custody of such minor, or in the event a minor under the age of eighteen has no father, mother, or guardian, then a driver's license shall not be issued to the minor unless his or her application is also signed by the minor's employer; and

(2) The applicant has satisfactorily completed a traffic safety education course as defined in RCW 28A.220.020, conducted by a recognized secondary school, that meets the standards established by the office of the state superintendent of public instruction or the applicant has satisfactorily completed a traffic safety education course, conducted by a commercial driving instruction enterprise, that meets the standards established by the office of the superintendent of public instruction and is officially approved by that office on an annual basis: PROVIDED, HOWEVER, That the director may upon a showing that an applicant was unable to take or complete a driver education course waive that requirement if the applicant shows to the satisfaction of the department that a need exists for the applicant to operate a motor vehicle and he or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property, under rules to be promulgated by the department in concert with the supervisor of the traffic safety education section, office of the superintendent of public instruction. For a person under the age of eighteen years to obtain a motorcycle endorsement, he or she must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.

The department may waive any education requirement under this subsection for an applicant previously licensed to drive a motor vehicle or motorcycle outside this state if the applicant provides proof satisfactory to the department that he or she has had education equivalent to that required under this subsection.

NEW SECTION. Sec. 6. A new section is added to chapter 46.20 RCW to read as follows:

Students on the district's list of students who have substantially failed to carry out the juvenile's school attendance responsibilities are ineligible to receive a license tab for ninety days. Following the ninety-day period, if the student has complied with attendance requirements by having no additional truancies or absences without a medical note or preplanned arrangement with the school district, the district shall issue a license tab for the remainder of the six-month period under RCW 46.20.181.

NEW SECTION. Sec. 7. The superintendent of public instruction, in consultation with school districts and the department of licensing, shall develop necessary forms and procedures for demonstrating that juveniles are not on the school district's list of students who have substantially failed to carry out their school attendance responsibilities. The procedures shall be established and operational by September 1, 1999.

NEW SECTION. Sec. 8. A new section is added to chapter 46.20 RCW to read as follows:

The department shall adopt rules authorizing school districts to issue driver's license tabs under RCW 46.20.181.

Sec. 9. RCW 46.20.181 and 1990 c 250 s 41 are each amended to read as follows:

(1) Every driver's license expires on the fourth anniversary of the licensee's birthdate following the issuance of the license. Every such license is renewable on or before its expiration upon application prescribed by the department and the payment of a fee of fourteen dollars. This fee includes the fee for the required photograph.

(2) Every driver's license for minors under the age of eighteen shall include a tab that expires every six months from the date of the minor's sixteenth birthday. Every such license tab is renewable on or before its expiration upon application prescribed by the department. If a minor applies for a license or license tab renewal under this chapter the minor shall provide proof of attendance as required under section 1 of this act. Failure to comply with section 1 of this act is grounds for failure to renew a minor's license tab.