Policy 5.185

Suspension of Driver's License for Non-Enrollment and Non-Attendance

1. Purpose. To implement the provisions of state laws and rules requiring the School District to verify the enrollment and attendance of students for the purposes of granting or denying driving privileges.

2. Policy. In accordance with state laws and rules, the names of students who are in violation of the enrollment and attendance requirements for being licensed to drive in the State of Florida will be submitted by the Principal or designee to the Department of Highway Safety and Motor Vehicles (DHSMV) with recommendations to suspend such students' driving privileges.

   1. To be in compliance with the statutory enrollment requirements a student must:

      1. Be enrolled in a public school, non-public school or home education program and satisfy the District's attendance requirements;

      2. Be enrolled in a study course in preparation for the Test for General Education Development and satisfy relevant attendance requirements;

      3. Be enrolled in other educational activities approved by the School Board, as adult education programs, vocational job preparatory programs, dropout prevention, and other alternative programs, and satisfy the relevant attendance requirements;

      4. Have been issued a certificate of exemption according to § 1003.21(3), Fla. Stat.;

      5. Have received a hardship waiver under this policy; or

      6. Have received a high school diploma, a high school equivalency diploma, a special diploma, or a certificate of high school completion.

   2. To be in compliance with the attendance requirements students must not accumulate fifteen (15) unexcused absences in a period of ninety (90) calendar days.

3. Hardship Waiver Requests. A student or the parent/guardian shall have fifteen (15) days after receipt of the written notice from DHSMV of the department's intent to suspend driving privileges, to present proof of compliance or to request a hardship wavier from the Principal or designee. The request for a hearing shall be in writing, signed by the student or the parent/guardian, and delivered to the school office. The school will notify DHSMV within twenty-four (24) hours or the next day after receiving the request for a waiver hearing, and will also notify the District office of student support services.

   1. Waiver Hearing. The Principal or designee will conduct the hearing within thirty (30) calendar days after the school receives the request for a waiver hearing. The Principal or designee shall grant a hardship waiver for any student for who circumstances a personal or family hardship requires that the minor have a driver's license for his or her own, or his or her family's employment or medical care. The Principal may take into account the recommendations of teachers, other school officials, guidance counselors, social workers or academic advisors prior to the granting a waiver. The Principal or designee shall notify the student or parent/guardian, DHSMV, and the District office of student support services in writing explaining the reasons for granting or denying the waiver.

4. Appeal. Any student denied a hardship waiver by the Principal or designee may appeal the decision to the Superintendent. The request for an appeal shall be in writing, signed by the student or parent/guardian, and delivered to the Office of the Superintendent within fifteen (15) calendar days from receipt of the Principal's decision. The Superintendent shall appoint a hearing officer(s) to hear student/parent appeals from any student who has been denied a hardship waiver from their principal. The Superintendent or designee will notify DHSMV of the outcome of the hearing and School Board's action.

5. Reinstatement. The student's driving privilege will be reinstated if the student in subsequently in compliance with the attendance requirements. Upon request, the Principal or designee will provide the student with verification of compliance with the attendance requirements for reinstatement of his or her driving privileges.