The No Pass, No Drive law

Kentucky’s No Pass, No Drive law, KRS 159.051, ties a teenager’s driving privileges to school. A student who is at least 15 and under 18 can lose a permit or license, or be denied one, for dropping out or for failing too many classes.

What triggers it

• Dropping out. A student is also treated as having dropped out after nine or more unexcused absences in the preceding semester. Absences due to suspension count as unexcused.
• Academic deficiency. This means not passing at least four courses, or the equivalent, in the preceding semester.

The law applies to public and private schools. A student who is schooled at home is considered enrolled in school. It no longer applies once a student turns 18.

How the school reports it

A 15, 16 or 17 year old applying for a first permit needs a School Compliance Verification Form from the school showing the student meets the law’s requirements. When a student drops out or is found academically deficient, the school notifies the district superintendent, who has ten days to report the student to the Transportation Cabinet. The cabinet then tells the student that the license, permit or privilege to drive has been revoked or denied and explains the right to a court hearing.

Getting the license back

A student can reapply as early as the end of the semester in which the student enrolls in school and successfully completes the educational requirements. Passing at least four courses across the spring and summer semesters can also qualify. The student must show proof from the school, issued within the past 60 days, of being enrolled and not academically deficient.

Hardship and court review

Within 15 days after the cabinet sends its notice, the student’s custodial parent, legal guardian or next friend, meaning an adult acting for the student, may ask the District Court for a hearing. There is no filing fee and a lawyer is not required. The court will have the license reinstated at no cost if it is satisfied of any one of the following:

• The license is needed to meet family obligations or family economic needs that would otherwise create an undue hardship.
• The student is the only licensed driver in the household.
• The student is not a dropout or academically deficient under the law.

A student who disagrees with the District Court’s decision may appeal to Circuit Court within 30 days.