KRS 159.051: Loss of license or permit by student for dropping out of school or for

academic deficiency -- Procedures for reinstatement.

(1) When a student who is at least fifteen (15) years of age but less than eighteen (18)

years of age drops out of schoo l or is declared to be academically deficient, the

school administrator or his or her designee shall notify the superintendent of

schools of the district in which the student is a resident or is enrolled. The reports

shall be made at the end of each semest er but may be made earlier in the semester

for accumulated absences. A student shall be deemed to have dropped out of school

when he or she has nine (9) or more unexcused absences in the preceding semester.

Any absences due to suspension shall be unexcused absences. A student shall be

deemed to be academically deficient when he or she has not received passing

grades in at least four (4) courses, or the equivalent of four (4) courses, in the

preceding semester. The local school board shall adopt a policy to reflect a similar

standard for academic deficiency for students in alternative, special education, or

part-time programs.

(2) Within ten (10) days after receiving the notification, the superintendent shall report

the student's name and Social Security numb er to the Transportation Cabinet. As

soon as possible thereafter, the cabinet shall notify the student that his or her

operator's license, intermediate license, permit, or privilege to operate a motor

vehicle has been revoked or denied and shall inform the student of his or her right

to a hearing before the District Court of appropriate venue to show cause as to the

reasons the license, permit, or privilege should be reinstated. Within fifteen (15)

days after this notice is sent, the custodial parent, legal guardian, or next friend of

the student may request an ex parte hearing before the District Court. The student

shall not be charged District Court filing fees. The notification shall inform the

student that he or she is not required to have legal counsel.

(3) In order for the student to have the license reinstated, the court shall be satisfied

that:

(a) The license is needed to meet family obligations or family economic

considerations which, if unsatisfied, would create an undue hardship; or

(b) The student is the only licensed driver in the household; or

(c) The student is not considered a dropout or academically deficient pursuant to

this section.

If the student satisfies the court, the court shall notify the cabinet to reinstate the

student's license at no cost. The student, if aggrieved by a decision of the court

issued pursuant to this section, may appeal the decision within thirty (30) days to

the Circuit Court of appropriate venue. A student who is being schooled at home

shall be considered to be enrolled in school.

(4) A student who has had his or her license revoked under this section may reapply for

a license as early as the end of the semester during which he or she enrolls in school

and successfully completes the educational requirements. A stude nt may also

reapply for a license at the end of a summer school semester which results in the

student having passed at least four (4) courses, or the equivalent of four (4) courses,

during the successive spring and summer semesters, and the courses meet th e

educational requirements for graduation. The student shall provide proof issued by

the school within the preceding sixty (60) days that he or she is enrolled and is not

academically deficient.