The No Pass/No Drive Law (KRS 159.051) was passed during the 2007 legislative session, and affects every public and private school in Kentucky (including home school students). The law says that schools will use academic and attendance data from the previous semester of the school year to determine whether 16- and 17-year-old students are compliant with the law. If deemed noncompliant, the student’s current driver’s license or learner’s permit is revoked. This process occurs on a secure web portal that directly connects schools with the Kentucky Department of Transportation, Division of Driver Licensing. The KAR 601.13.070, promulgated in 2008, sets forth the Transportation Cabinet’s requirements under that statute.
To apply the first time for a driver’s learning permit, students must get a paper form (KRS 159.051 School Compliance Verification Form, dated 1-1-12) issued by their school. It will not be completed and issued by the school if the student is not eligible according to the terms of the law. A revoked learner’s permit or driver’s license can be reinstated electronically on the web portal if the student is compliant with the terms of the law for an entire semester, or completes the credits in summer school.
Please note that any student enrolled in a
homeschool will obtain the verification form from their school district of
residency. All private schools will need to contact the Transportation
Department directly.
This memorandum signed by Lt. Gov. Jacqueline Coleman clarifies that state compulsory attendance laws, codified in KRS Chapter 159, continue to remain in full force during the current and ongoing State of Emergency due to COVID-19. Accordingly, KRS 159.061, which is commonly referred to as “No Pass/No Drive,” also remains unchanged. For reference, No Pass/No Drive criteria includes an academic component in which students ages 16 and 17 years old must pass 66% of their enrolled classes per semester as well as an attendance provision requiring these same students have fewer than nine (9) unexcused absences. A 16 or 17 year old student failing to comply academically and/or with regard to attendance, which for the 2020-2021 school year is based on participation as described in the guidance on truancy and compulsory education, should be reported to the Transportation Cabinet for possible revocation/denial of driving privileges.