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10/16/2007 2:04:42 PM
Home School Legal Defense Association
Kentucky--Action needed on Driver's License Regulation Proposal

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From the HSLDA E-lert Service...
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October 16, 2007

Kentucky--Action needed on Driver's License Regulation Proposal

Dear HSLDA Members and Friends:

We need your help to let the Kentucky Transportation Cabinet know that
their proposed regulation to change the compliance verification
procedures for a minor to get a driver's license is unacceptable.

The Cabinet recently proposed changing the regulation to require
homeschoolers to get the signature of their local Director of Pupil
Personnel (DPP) or No Pass/No Drive district representative before
their 16- and 17-year-old students can get drivers' licenses.

In the past, homeschool parents could simply provide a signed
statement that their child was successfully participating in their
homeschool program. This was submitted to their circuit court clerk in
order for their child to obtain a driver's license.

Since this law became effective August 1, HSLDA has heard numerous
complaints across the state from homeschooling families. Several have
already been told by their DPP that in order to get their consent and
signature on the necessary paperwork, the family would have to meet
with the DPP so he could review their homeschool program, including
their scholarship and attendance records.

We are concerned that if this regulation is passed requiring the
signature of the DPP or No Pass/No Drive representative, many families
will be forced to decide between allowing the local school district to
review their homeschool program in detail or having their child wait
until they are 18 to get their driver's license.

Please write a respectfully worded letter to the Transportation
Cabinet opposing the proposed regulation. If you live around
Frankfort, please consider attending the public hearing on the
regulation change on October 23, 2007. If you would like to comment on
the regulation at the hearing, you need to fax a written notice of
your intent to testify no later than today, October 16, 2007, to (502)
564-5238.

Please forward this email to any homeschool friends who may not
already receive it.

REQUESTED ACTION:

1) Please write a respectfully worded letter to the Kentucky
Transportation Cabinet opposing the proposed regulation. In your own
words please tell the Cabinet:

"I am opposed to the proposed amendments to 601 KAR 13:070. Parents
have a constitutionally protected right to direct their children's
education.

Home-based private schools in Kentucky must be treated equally with
all other private schools for the purpose of school verification and
attendance.

The statement of a home-based private school parent should be
sufficient, and no signature by the local Director of Pupil Personnel
or the No Pass/No Drive District representative should be required.

In the past, home-based private schools would submit a form to verify
the compliance of a student enrolled in their school. This is what I
support."

Please send your letter to the Kentucky Transportation Cabinet as soon
as possible to:

Dana Fugazzi
Staff Attorney, Transportation Cabinet
Office of Legal Services
200 Mero Street, Station: W6-21-02
Frankfort, KY 40622

However you contact the Transportation Cabinet, please make sure to be
respectful in your expression of your opposition to these proposed
amendments. Your good impression can help get this regulation changed.

2) Please come to the public hearing on the proposed regulation on
October 23, 2007, if you live around Frankfort. The hearing is
scheduled to be heard at 10 a.m. in Hearing Room C121 at the
Transportation Cabinet Office Building on 200 Mero Street in
Frankfort. A parking map can be found here:
http://www.transportation.ky.gov/TOB_Map.pdf .

3) If you plan on attending the public hearing, please consider
signing up to speak in opposition to this regulation. Christian Home
Educators of Kentucky will be speaking at the hearing, but the more we
get to sign up to speak, the better off we will be.

Please fax the following statement to Dana Fugazzi at (502) 564-5238:

"I wish to be heard at the public hearing for the proposed amendment
to 601 KAR 13:070 that is scheduled for October 23, 2007, at 10 a.m.
in Hearing Room C121 in the Transportation Cabinet Office Building.

If you need any additional information my name is:
(Include your name and phone number here)"


BACKGROUND

The Kentucky Supreme Court ruled Kentucky Revised Statutes sec.
159.051 unconstitutional because the "No pass, No drive" law would not
revoke a 16- or 17-year-old's driver's license, unless the local
school district had an alternative educational program available. The
intent of the law was to not to punish students who lived in public
school districts that do a poor job of teaching.

The Kentucky legislature amended and passed the No Pass/No Drive
statute in the 2007 legislative session. This statute had been ruled
unconstitutional by the Kentucky Supreme Court back in 2003.

This statute was reauthorized by House Bill 32 and became effective
August 1, 2007.

If you are not yet a member of HSLDA and would like to help us fight
for greater homeschool freedom in Kentucky please visit
http://www.hslda.org/join/apply.asp .

If you would like to be put on our free email list to receive vital
e-lerts you may sign up at
https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe .

Thank you for your part in fighting for freedom in Kentucky!

Sincerely,

Thomas Schmidt
HSLDA Staff Attorney


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-> You can only do so much...

No one can be everywhere at once. And you can't be at home,
teaching your children, while monitoring your state's legislature.
Through electronic legislative services, HSLDA is monitoring state
legislation for you -- watching and listening carefully for any
proposed laws that could erode your right to homeschool.
Join HSLDA today-we'll watch out for your future.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1942

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