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February 9, 2015

Homeschool Student Faces Difficulty getting Driver’s Permit

Staff Attorney Tj Schmidt answers questions and assists members with legal issues in Kentucky. He and his wife homeschool their children. Read more >>

A member family recently attempted to obtain a driver’s permit for their 16-year-old daughter in Lexington. However, the clerk they saw told the family that a permit could not be issued to the daughter without them first providing a GED certificate or a verification form bearing an “official seal” of the daughter’s private school. Apparently a representative from the Kentucky Transportation Cabinet confirmed this misinformation by telephone, and the family was forced to leave the office without a driver’s permit.

Kentucky homeschoolers may obtain a driver’s permit by submitting Kentucky’s School Compliance Verification form, their birth certificate and their signed Social Security card to the circuit court clerk’s office with an application for a driver’s license/permit.

A Matter of Law

The verification form is usually obtained from the county No Pass, No Drive (NPND) contact person at the local high school or by the local director of pupil personnel (DPP). The Transportation Cabinet and the Kentucky Department of Education has consistently required local NPND officials to provide these forms upon request to homeschoolers who have submitted their notice of attendance as required by state law.

The family contacted HSLDA Staff Attorney Tj Schmidt and informed him of the clerk’s refusal to issue the driver’s permit. Schmidt contacted the Transportation Cabinet on behalf of the family and confirmed that there was no need for homeschoolers to provide a GED or get an “official seal” from their school in order to obtain a driver’s permit. The state official also verified that they would speak to the clerk directly if necessary.

Armed with the confidence that they had the information required by law to obtain their daughter’s permit, the family returned to the appropriate office and successfully obtained a driver’s permit for their daughter from a different clerk.

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