House File 450 - Introduced
HOUSE FILE
BY UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to special minor's licenses for nonpublic school
2 students.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2227HH 81
5 dea/pj/5
PAG LIN
1 1 Section 1. Section 321.194, subsection 1, unnumbered
1 2 paragraph 1, Code 2005, is amended to read as follows:
1 3 Upon certification of a special need by the school board,
1 4 superintendent of the applicant's school, or principal, if
1 5 authorized by the superintendent, or by the authorities in
1 6 charge of a nonpublic school, the department may issue a class
1 7 C or M driver's license to a person between the ages of
1 8 fourteen and eighteen years whose driving privileges have not
1 9 been suspended, revoked, or barred under this chapter or
1 10 chapter 321J during, and who has not been convicted of a
1 11 moving traffic violation or involved in a motor vehicle
1 12 accident for, the six=month period immediately preceding the
1 13 application for the special minor's license and who has
1 14 successfully completed an approved driver education course.
1 15 However, the completion of a course is not required if the
1 16 applicant demonstrates to the satisfaction of the department
1 17 that completion of the course would impose a hardship upon the
1 18 applicant. The department shall adopt rules defining the term
1 19 "hardship" and establish procedures for the demonstration and
1 20 determination of when completion of the course would impose a
1 21 hardship upon an applicant.
1 22 Sec. 2. Section 321.194, subsection 1, paragraph a,
1 23 subparagraph (1), Code 2005, is amended to read as follows:
1 24 (1) During the hours of 6 a.m. to 10 p.m. over the most
1 25 direct and accessible route between the licensee's residence
1 26 and schools of enrollment and between schools of enrollment
1 27 for the purpose of attending duly scheduled courses of
1 28 instruction and extracurricular activities within the school
1 29 district, or for the purpose of attending such courses and
1 30 activities at a nonpublic school of enrollment outside the
1 31 school district of the licensee's residence.
1 32 Sec. 3. Section 321.194, subsection 1, paragraph b, Code
1 33 2005, is amended to read as follows:
1 34 b. Each application shall be accompanied by a statement
1 35 from the school board, superintendent, or principal, if
2 1 authorized by the superintendent, or authorities in charge of
2 2 the applicant's school. The statement shall be upon on a form
2 3 provided by the department. The school board, superintendent,
2 4 or principal, if authorized by the superintendent, or
2 5 authorities in charge shall certify that a need exists for the
2 6 license and that the board, superintendent, or principal
2 7 authorized by the superintendent is, or authorities in charge
2 8 are not responsible for actions of the applicant which pertain
2 9 to the use of the driver's license. Upon receipt of a
2 10 statement of necessity, the department shall issue the
2 11 driver's license. The fact that the applicant resides at a
2 12 distance less than one mile from the applicant's school of
2 13 enrollment is prima facie evidence of the nonexistence of
2 14 necessity for the issuance of a license. The school board or
2 15 authorities in charge of a nonpublic school shall develop and
2 16 adopt a policy establishing the criteria that shall be used by
2 17 a school district administrator or a nonpublic school to
2 18 approve or deny certification that a need exists for a
2 19 license. The A public school student may appeal to the school
2 20 board the decision of a school district administrator to deny
2 21 certification. The decision of the school board is final.
2 22 The driver's license shall not be issued for purposes of
2 23 attending a public school in a school district other than
2 24 either of the following:
2 25 (1) The district of residence of the parent or guardian of
2 26 the student.
2 27 (2) A district which is contiguous to the district of
2 28 residence of the parent or guardian of the student, if the
2 29 student is enrolled in the a public school which is not in the
2 30 school district of residence because of open enrollment under
2 31 section 282.18 or as a result of an election by the student's
2 32 district of residence to enter into one or more sharing
2 33 agreements pursuant to the procedures in chapter 282, or if
2 34 the student is enrolled in a nonpublic school which is not in
2 35 the school district of residence.
3 1 EXPLANATION
3 2 This bill authorizes the state department of transportation
3 3 to issue a special minor's license to a person between 14 and
3 4 18 years of age for the purpose of attending courses of
3 5 instruction and extracurricular activities at a nonpublic
3 6 school at which the person is enrolled. Currently, the
3 7 special minor's license is only available to students enrolled
3 8 in a public school.
3 9 The authorities in charge of the nonpublic school would
3 10 have to certify to the department that a special need exists
3 11 for the license. The applicant's driving record must meet the
3 12 standards for a special minor's license and the applicant must
3 13 have completed an approved driver's education course unless
3 14 the department waives the requirement on the basis of
3 15 hardship. The special minor's license entitles the holder to
3 16 operate a motor vehicle between the hours of 6 a.m. and 10
3 17 p.m. between the licensee's residence and schools of
3 18 enrollment and between schools of enrollment for the purposes
3 19 of attending classes and extracurricular activities. The
3 20 school of enrollment must be within the school district of
3 21 residence of the licensee's parent or guardian or within a
3 22 contiguous school district. A person with a special minor's
3 23 license may also drive at any time when accompanied by an
3 24 adult licensee qualified to accompany a person with an
3 25 instructor's permit.
3 26 LSB 2227HH 81
3 27 dea:nh/pj/5