CHAPTER 272

FORMERLY

HOUSE BILL NO. 37


AS AMENDED BY HOUSE AMENDMENT NO. 2 AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 14 AND TITLE 21 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS; AND PROVIDING FOR THE SUSPENSION OF, NON- RENEWAL OF, OR REFUSAL TO ISSUE A DRIVER'S LICENSE TO A PERSON WHO HAS BEEN EXPELLED FROM SCHOOL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4130, Chapter 41, Title 14 of the Delaware Code by striking the title to said section, and substituting in lieu thereof the following:

§4130. Expulsion of students; Re-enrollment: Loss of Driver's License"

Section 2. Amend §4130, Chapter 41, Title 14 of the Delaware Code by adding thereto a new subsection, designated as subsection (d), which new subsection shall read as follows:

"(d)(1) In any case where a person is expelled from a public school, the Superintendent of Schools for the school district in which such school is located shall send written notice of such expulsion to the Division of Motor Vehicles. Such notice shall be sufficient authority for the Division to suspend, or refuse to renew, any driver's license already issued to such person; or to refuse to issue a license to anyone reported by a superintendent to have been expelled from school. Such expelled person shall remain ineligible for the issuance of a new license, or for the renewal or reinstatement of a present or former license until the Division receives such proof as it may require that such person is again eligible for a driver's license.

(2) An expelled person whose license has been suspended may have such license reinstated, or a new license issued, if any of the following requirements are met:

(i) the length of the expulsion is complete;

(ii) Such person is nineteen years of age or older; or

(iii) Two years have elapsed since the date of expulsion.

(3) To have a driver's license reinstated, or to obtain a new license, an expelled student must meet one of the requirements set forth in paragraph (2); must apply in person to the Division of Motor Vehicles; and must provide the Division with verification from the school, or such proof as the Division may require.

(4) Where a person does not have a driver's license because the Division has suspended, or refused to renew a license to such person in accordance with this section, such person may apply to the Division for a conditional license. The Division shall not issue any conditional license under this section unless such person's application:

(i) is made upon a form prescribed by the Division, and sworn to by the applicant;

(ii) contains a statement setting forth those hardships which would occur if a conditional license were not granted; and

(iii) contains a sworn statement that the applicant shall comply with all conditions placed upon such conditional license.

Section 3. Amend Subsection (b), Section 2707, Title 21 of the Delaware Code by adding thereto a new paragraph, designated as paragraph (13), which new paragraph shall read as follows:

"(13) Person who has been expelled from a public school, where the Department, has been notified by the school of such expulsion, until the expelled person presents such proof to the Department as the Department may require that such person complies w one of the requirements set forth in §4130 (d)(2) of Title 14."

Section 5. Amend §2732, Chapter 27, Title 21 of the Delaware Code by adding thereto a new subsection, designated subsection (e), which new subsection shall read as follows:

"(e) The Department shall forthwith suspend the license or driving privileges, or both, any person who has been expelled from a public school upon receipt of notice from t superintendent of schools for the school district in which such school is located, that such person has been expelled. No insurer may increase the premiums charged for, or reduce t coverage provided by, any policy of vehicle insurance, as defined in §906(a)(1) of Title 18 this code, solely as a result of the suspension of a person's license or driving privileges und this subsection."

Approved May 6, 1998