AN ACT Relating to preventing students from dropping out of school by limiting the driving privileges of minors; amending RCW 28A.27.020, 28A.27.022, 46.20.091, and 46.20.100; adding a new section to chapter 28A.58 RCW; adding new sections to chapter 46.20 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that Washington's student attrition rate is unacceptably high and the state should make every feasible effort to encourage students to attend and graduate from high school. Receiving a license to operate a motor vehicle in Washington is a privilege, and the state can legitimately expect that minor applicants and recipients of that privilege will be responsible, attend school, and exhibit due diligence toward graduation from high school.

(2) It is the intent of the legislature to increase the responsibility of the state's minor citizens to attend school and attain satisfactory grades by linking such attendance and school performance to the privilege to receive or maintain a permit or license to drive a motor vehicle.

Sec. 2. Section 1, chapter 201, Laws of 1979 ex. sess. as amended by section 2, chapter 132, Laws of 1986 and RCW 28A.27.020 are each amended to read as follows:

If a juvenile required to attend school under the laws of the state of Washington fails to attend school without valid justification recurrently or for an extended period of time, the juvenile's school, where appropriate, shall:

(1) Inform the juvenile's custodial parent, parents or guardian by a notice in writing in English and, if different, in the primary language of the custodial parent, parents or guardian and by other means reasonably necessary to achieve notice of the fact that the juvenile has failed to attend school without valid justification recurrently or for an extended period of time;

(2) Schedule a conference or conferences with the custodial parent, parents or guardian and juvenile at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the juvenile's absences; ((~~and~~))

(3) Take steps to eliminate or reduce the juvenile's absences. These steps shall include, where appropriate, adjusting the juvenile's school program or school or course assignment, providing more individualized or remedial instruction, preparing the juvenile for employment with specific vocational courses or work experience, or both, and assisting the parent or student to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school; and

(4) Inform the minor and the minor's parent or parents or guardian, that the minor's continued absences will result in the denial or suspension of the minor's driving privilege.

Sec. 3. Section 2, chapter 201, Laws of 1979 ex. sess. as amended by section 3, chapter 132, Laws of 1986 and RCW 28A.27.022 are each amended to read as follows:

(1) If action taken by a school pursuant to RCW 28A.27.020 is not successful in substantially reducing a student's absences from school, any of the following actions may be taken: ((~~(1)~~)) (a) The attendance officer of the school district through its attorney may petition the juvenile court to assume jurisdiction under this chapter for the purpose of alleging a violation of RCW 28A.27.010 by the parent; or ((~~(2)~~)) (b) a petition alleging a violation of RCW 28A.27.010 by a child may be filed with the juvenile court by the parent of such child or by the attendance officer of the school district through its attorney at the request of the parent. If the court assumes jurisdiction in such an instance, the provisions of this chapter, except where otherwise stated, shall apply.

(2) The school principal or his or her designee shall notify the department of licensing, the minor, and the minor's parent or parents or guardian on a form prescribed and furnished by the department. Upon receipt of the notification the department shall deny the minor's application for a driving permit or license or suspend the minor's driving privilege. The denial or suspension shall remain in effect until the minor maintains satisfactory attendance, as determined by school district policy pursuant to RCW 28A.58.101, for a period of six months or until the minor attains the age of eighteen, whichever occurs first. A second or subsequent denial or suspension of a minor's driving privilege for violation of RCW 28A.27.020 shall remain in effect until the minor attains the age of eighteen.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.58 RCW to read as follows:

If a minor fails to meet the minimum passing requirements pursuant to RCW 28A.05.005, the school principal or his or her designee shall notify the department of licensing, the minor, and the minor's parent or parents or guardian on a form prescribed and furnished by the department. Upon receipt of the notification the department shall deny the minor's application for a driving permit or license or suspend the minor's driving privilege. The denial or suspension shall remain in effect until the minor meets the minimum passing requirements for a period of six months or until the minor attains the age of eighteen, whichever occurs first. A second or subsequent denial or suspension of a minor's driving privilege for violation of RCW 28A.05.005 shall remain in effect until the minor attains the age of eighteen.

Sec. 5. Section 8, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 1, Laws of 1985 ex. sess. and RCW 46.20.091 are each amended to read as follows:

(1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

(2) Every such application shall state the full name, date of birth, sex, and residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require.

(3) Every application by a minor for an instruction permit or an original driver's license shall include one of the following: (a) Proof of a high school diploma; (b) proof of a general educational development certificate; or (c) a written statement from the school in which the minor is enrolled, on a form prescribed and furnished by the department, stating that the minor is conforming to the school's attendance policies and meets their minimum passing requirements.

(4) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.

((~~(4)~~)) (5) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

Sec. 6. Section 46.20.100, chapter 12, Laws of 1961 as last amended by section 2, chapter 234, Laws of 1985 and RCW 46.20.100 are each amended 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 or the issuance of a motorcycle endorsement for a particular category unless:

(1) The application is also signed by the father ((or)), mother, or guardian of the applicant, otherwise by the 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 minor submits with the application one of the following: (a) A high school diploma; (b) a general educational development certificate; or (c) a written statement from the school in which the minor is enrolled, on a form prescribed and furnished by the department, stating that the minor is conforming to the school's attendance policies and meets their minimum passing requirements; and

(3) The applicant has satisfactorily completed a traffic safety education course as defined in RCW ((~~46.81.010~~)) 28A.08.010, 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. 7. A new section is added to chapter 46.20 RCW to read as follows:

The department shall deny a minor's application for a driver's permit or original license or suspend a minor's driving privilege effective ten days after the notification is received from a school principal or his or her designee pursuant to RCW 28A.27.022 and section 4 of this act. The department shall immediately notify the minor and the minor's parent or parents or legal guardian, by certified mail, of the denial or suspension.

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

The department may waive the denial or suspension of a minor's driving privilege as required under section 7 of this act if the department determines that a personal or family hardship exists that requires the minor to obtain or maintain a driver's permit or license for his or her own, or a member of his or her family's, employment or medically related purposes.

The request for a waiver shall be submitted on a form prescribed and furnished by the department. The denial or suspension shall not be stayed pending the department's review of the waiver request.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.