This is to provide information on Verification of Enrollment and Attendance (VOE) as a condition of licensing a student to operate a motor vehicle.

School enrollment and attendance as a condition of licensing a student to operate a motor vehicle applies to persons under 18 years of age unless a high school diploma or its equivalent has been obtained. The 71^st Texas Legislature passed the law in 1989 which is stated in Article 6687b, Vernon’s Texas Civil Statutes, as amended by House Bill 850. The Texas Department of Public Safety administers the VOE law and requires that students who have not obtained a high school diploma or its equivalent must be enrolled in a public, home, or private school and meet specific enrollment conditions to obtain a license. The Texas Education Agency is responsible for the development of the VOE forms.

The issuance or denial of the Verification and Enrollment Form is strictly a local decision. Districts, GED programs, and institutions of higher education can impose conditions and restrictions on enrollment and attendance as it pertains to drivers license eligibility. However, it is recommended that the schools clearly outline the requirements for issuance of the form and establish a formal policy to support the requirements. The TEA has received numerous requests for interpretations of the law as it relates to driver’s license eligibility. The following is presented to help clarify frequently asked questions:

• public, home, or private schools: The public, home, or private school should issue the form to any student who is (1) currently enrolled and (2) who met minimum attendance for class credit in each class they were enrolled in the fall or spring semester immediately proceeding the date of application for the form. The VOE law states that students enrolled in a public, home, or private school must have attended school for at least 80 days in the fall or spring semester preceding the date of application. Since the 73^rd Texas Legislature changed the number of days that a student must be in attendance at school to receive course credit from 80 days per semester to 90 percent of the days the class is offered, the 90 percent rule can be used to formulate driver license eligibility.

The Texas Education Code §25.087 (excerpted), Minimum Attendance for Class Credit, states that a child required to attend school may be excused for temporary absence resulting from any cause acceptable to the teacher, principal, or superintendent of the school in which the child is enrolled. For students in grades eight and below, absences may be aggregated on the basis of a scholastic year. For students in grades 9 - 12, absences may be aggregated on the basis of a semester (traditional, condensed, accelerated, block, etc.) or a scholastic year. Schools can accept extenuating circumstances for minimum attendance for class credit. Schools can also accept decisions of attendance committees, make-up, or excused absences when considering driver license eligibility. Summer school does not count as make-up time for attendance purposes unless the attendance committee makes summer school attendance a part of a student’s plan to make up days missed.

The Texas Education Code §25.092 (excerpted), Minimum Attendance for Class Credit, states that a student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is offered. The board of trustees of each school district shall appoint one or more attendance committees to hear petitions for class credit by students who are in attendance fewer than the number of days required. School districts may consider the decisions of the attendance committees who heard petitions by students who are in attendance fewer than the number of days required when considering driver license eligibility.

If the public, home, or private school accepts credits for students transferring from out of the state, out of the country, or out of district, the school accepting the transfer is responsible for issuance of the VOE form. The issuance should be based on (1) current enrollment and (2) a review of the transcript to determine that the student was issued credit for each class they were enrolled the semester prior to application for the form.

• GED programs: Students enrolled in GED programs must have been enrolled for a minimum of 45 calendar days and be in compliance with the GED programs requirements for attendance. GED programs should issue the form to any student who (1) is currently enrolled, (2) has been enrolled in the program for a minimum of 45 calendar days, and (3) is meeting the attendance requirements prescribed by the GED program.

• institutions of higher education: Students enrolled in an institution of higher education who have not obtained a diploma or its equivalent can obtain a letter from an official of the institution stating that (1) the student is currently enrolled and (2) the student is meeting the institution’s attendance requirements.

NOTE: The Verification of Enrollment and Attendance document is a government record as defined under Texas Penal Code, Section 37.01(2). Any misrepresentation by the applicant as to the prerequisites set forth may result in denial of an application for Texas Driver's License and/or criminal prosecution.

Original signatures must appear on all completed forms. The VOE form is effective for 30 days after issuance if the issue date is August through April and for 90 days if the issue date is May through July. The VOE form does not have to be signed by the student in the presence of the person certifying attendance. The form can be computerized as long as the computer form contains the identical information as the original form.

If you have any questions or concerns, please contact Lauralea Bauer, Program Administrator, Safety and Driver Education at (512) 463-9574 or e-mail at lbauer@tea.state.tx.us