DRIVING ELIGIBILITY

DRIVING ELIGIBILITY CERTIFICATES

Frequently Asked Questions

What is a Driving Eligibility Certificate?
A Driving Eligibility Certificate is used to verify that a student is meeting academic and enrollment expectations for the state of North Carolina and therefore in combination with the other requirements outlined in § 20-11 (d) (1), (2), and (3) may obtain either a limited driver's learner permit or a provisional (limited or full) driver's license.

How long is a Driving Eligibility Certificate valid?
The Driving Eligibility Certificate is valid for 30 days. § 20-11(n)(3)

Who needs a Driving Eligibility Certificate?
A person under age 18 seeking a driver's learner permit or provisional driver's license needs a Driving Eligibility Certificate. A person over age 18 may also need a Driving Eligibility Certificate if the Driving Eligibility Certificate was revoked prior to age 18 due to disciplinary action during high school or community college. § 20-11(n1)

How does a minor enrolled in a public school within North Carolina, obtain a Driving Eligibility Certificate?
Upon successful completion of a Driver Education program, the student may obtain a Driving Eligibility Certificate from the school once adequate academic progress (pass at least 70% of the maximum of possible courses each semester and meet promotion standards established by the LEA) 16 NCAC 05E.0301 has been verified by the school.

How does a minor enrolled in a private school or home schooled within North Carolina, obtain a Driving Eligibility Certificate?
The Division of Non-Public Education at: www.ncdnpe.org lists directions on obtaining a Driving Eligibility Certificate. Please note, home schools must be registered with the Division of Non-Public Education for 6 months in order to provide Driver Education. For more details please call the Division of Non-Public Education directly at: 919.733.4276

How does a minor enrolled in a Community College / Basic Skills / GED program obtain a Driving Eligibility Certificate?
Once a student has enrolled in a local Community College Basic Skills / GED program for 6 months, the Basic Skills program determines academic eligibility and issues the Driving Eligibility Certificate. For more details, please contact the Basic Skills office of your local community college or visit: http://www.nccommunitycolleges.edu/

How does a minor enrolled in a public or private school outside North Carolina, obtain a Driving Eligibility Certificate?
Free driver education is provided to students attending school within the state of North Carolina. § 20.88-1 Minors attending school outside the state of North Carolina but who reside in North Carolina can attend one of the DMV certified commercial driving schools throughout North Carolina. Students attending school outside North Carolina can obtain a Driving Eligibility Certificate from the local school system central office in which they have permanent residence. The local education agency determines what evidence is needed to verify an out of state student's Driving Eligibility. Please contact the Driver's Training Coordinator at your local school district central office for the school system's criteria. A North Carolina Driver Education Certification of Completion obtained from the commercial driving school is also presented to the local central public school system office. Both the DEC and the certificate of completion of Driver's Training are presented to the local DMV office.

How does someone under 18 residing in North Carolina but not attending school obtain a Driving Eligibility Certificate?
In North Carolina, prior to age 18, everyone must show adequate progress toward a high school diploma, a high school diploma, or its equivalent in order to obtain a driver's license. (§ 20-11)

How does a public school obtain the Driving Eligibility Certificates?
Driving Eligibility Certificates are distributed through the school district central office. Procedures to order DECs for public school systems are located further down on this page.

Why would a Driving Eligibility Certificate by revoked?
There are three reasons why a Driver Eligibility Certificate could be revoked.

• DROPPING OUT OF SCHOOL PRIOR TO AGE 18
  As of August 1, 1998 any public, private, federal, home-schooled, or community college student under age 18 who does not make adequate academic progress or drops out of school will have their driving permit or provisional license revoked. (§ 20-11)
  
  Under the Dropout Prevention Guidelines, a dropout student is one who has withdrawn from school before the end of the academic term and whose enrollment in an educational setting cannot be verified for 30 days. Parents should be notified in writing that the student's Driver Eligibility Certificate will be revoked. Parents may submit a hardship request to the principal or principal's designee to maintain the student's Driving Eligibility status.
  
  
• DISCIPLINARY ACTION
  Disciplinary action includes an expulsion, a suspension for more than 10 consecutive days, or an assignment to an alternative educational setting for more than 10 consecutive days. (§ 20-11(n1))
  
  Under the Lose Control/Lose License guidelines, the Driving Eligibility Certificate is revoked for one year. Unlike the Dropout Prevention guidelines that end when a student turns age 18, the revocation of a Driving Eligibility Certificate for disciplinary action can extend beyond age 18 if the disciplinary action took place during the time the student was age 17.
  
  
• NOT MAKING ADEQUATE ACADEMIC PROGRESS
  At the end of each semester, students not passing 70% of the maximum possible courses are identified. Parents are notified that the student is not making adequate academic progress and have the option of submitting a hardship request to the principal or principal's designee to maintain the student's Driving Eligibility status.

What constitutes a hardship request to receive a Driving Eligibility Certificate?
The school principal or principal's designee may determine specific circumstances exist that constitute a hardship thereby allowing a student to receive a Driving Eligibility Certificate. A hardship is defined as "a demonstrable burden on the student or the student's family…" 16 NCAC 06E.0301 (c) (3)

How does the Driving Eligibility Certificate become reinstated? *
Under the "Lose Control/Lose License" § 20-11 (n1) (1) statute, the Driving Eligibility Certificate is reinstated one year after the disciplinary action occurred.

However, if the local education agency determines the student displayed exemplary behavior and is attending school, a student may be eligible for the Driving Eligibility Certificate six months after the disciplinary action occurred. § 20-11 (n1) (2), (3), (4)

Furthermore, if the school administrator determines the student has exhausted all administrative appeals related to the disciplinary action and needs the certificate to drive to and from school, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and no other transportation is available, the student is eligible for a Driving Eligibility Certificate. § 20-11 (n1) (3)

What is the appeal process for the revocation of the Driving Eligibility Certificate?
The local education agency (school, school district, school board) determines the process by which decisions concerning the issuance of a driving eligibility certificate shall be appealed. 16 NCAC 06E.0301 (d)

How do technical errors regarding Driving Eligibility Certificates from local public schools become resolved?
Public schools should work with their central office coordinator and the help desk at DPI. Send an e-mail to: help@dpi.state.nc.us and type in DEC Correction in the subject box.

* NOTE: To reinstate driving privileges, the DMV must have electronic from the private school, public school, community college, or Division of Non Public Education (for home school students) as well as the paper DEC when the child and parent/guardian visit the local DMV office. DMV may also charge a restoration fee.

Ordering DECs

LEAs follow these directions for ordering Driving Eligibility Certificates (DECs) Orders are processed each week, so please allow two weeks for shipping and receipt of DECs.

On school district letterhead please fax a request for more DECs to Ms. Melody Hudson at 919.807.4046. The request should include each of the following in the itemized list below:

1. The name of your school district.
2. The name and e-mail address of the central school system contact for Driving Eligibility.
3. The name and contact phone number of the central school system recipient for the DECs.
4. The physical address for your school district as well as the district's courier #.
5. The current number of DECs your ENTIRE school system has on hand.
6. The number of DECs your ENTIRE school system issues each year.
7. The number of DECs you are requesting. Please keep in mind that the annual order is shipped to LEAs each September/October. Therefore, please indicate how many DECs you'll need prior to the annual order.

NOTE: We mail DECs via US Mail or Courier service to the central school system office only. Therefore, on official school system letterhead please be sure to provide: the name of your public school system, a central school district office contact recipient name, physical address, e-mail address, phone number, and courier #.

Non public schools and home schools, please contact the Division of Non Public Education at: www.ncdnpe.orgGED-Basic Skills offices please contact the NC Community College System, Basic Skills office.

DRIVER'S TRAINING

Laws Related to Driver's Training

To access the full text of General Statutes related to Public School Education including Driver Education please go to: http://www.ncleg.net/Legislation/Legislation.html and view Chapters 20 and 115.

Please note that the North Carolina State Board of Education Policies as well as the North Carolina General Statutes 115C for Elementary and Secondary Education apply to all local education agencies throughout North Carolina. NC SBE Policy GCS-R-002 requires Driver's Training be taught outside the instructional day.

Driver's Training Manuals

Driver's Training Manuals are now only available online at: http://www.ncdot.org/dmv/driver_services/drivershandbook

Frequently Asked Questions

What are the requirements for a Driver's Training course in North Carolina's public schools?
Students must complete at least 30 hours of classroom instruction and at least 6 hours of behind-the-wheel instruction. 16 NCAC 05E.0301(4)

Can Driver's Training be taught during the school day?
The Driver's Training program shall not be provided during the regular public school instructional day. 16NCAC 06E.0301 (a) (10) SBE Policy GCS-R-002

What are the state standards and requirements for local boards of education providing Driver's Training?
Driver's Training is offered at no charge once to all students enrolled in private or public schools within North Carolina. Local boards of education determine the amount of instruction per day, and class size (with the exception of behind-the-wheel instruction limited to between two and four students per car). 16NCAC 06E.0301 (a) (1-10) GS§20-88.1

What qualifications are needed to become a Driver's Training instructor for a public school?
Instructors are not required to hold teacher licenses. §115C-215. A valid North Carolina driver's license, a driving record acceptable to the local school board, and a driver education certificate issued by the State Board of Education are required to teach Driver's Training in public schools.* 16NCAC 06E.0301 (a) (9) (A)

*NOTE: The State Board of Education no longer issues these certificates, however instructor-training courses are offered by the Department of Motor Vehicles. Therefore the following criteria also apply.

To qualify for non-certified instructor status of driver education a person must be at least 21 years of age, have a high school diploma or its equivalent, be of good moral character, not have any moving violations totaling seven or more points in the past three years, have at least four years' experience as a licensed driver, have no license revocation or suspension within the past four years, and successfully completed a training course offered via DMV or local community colleges. 16NCAC 06E.0302

NOTE: Currently, East Carolina University also offers a Driver's Training Instructor training course.

What is the process for local boards of education to enter contracts with commercial driving schools?
As per 16NCAC 06E.0303, SBE Policy # GCS-R-001 and SBE Policy# GCS-R-004, commercial driving schools must be licensed by the North Carolina Division of Motor Vehicles. Contracts with commercial driving schools are awarded on a competitive basis and shall prescribe; the term of the contract which may not exceed one year, the procedure for renewal of the term of the contract, if any, except that a contract may not be renewed for more than two successive one-year terms, the grounds for termination of the contract, identifies whether the contractor will provide home transportation for students, whether school facilities or vehicles are to be leased or used by the contractor and, if so, the terms and conditions or the lease , the types of vehicles and equipment to be provided by the contractor, if any, the procedure for contract renewal, and other terms and conditions including the purchase of insurance by the contractor as the local board of education may determine to be reasonable and appropriate.

How does a public school or public school district identify its salary range for Driver's Training instructors, fiscal year allocations, or use of funds?
All questions regarding funding should be directed to Financial and Business Services at the Department of Public Instruction, 919.807.3600 or http://www.ncpublicschools.org/fbs/ or reference SBE Policy # GCS-R-002

What are the procedures for providing reasonable accommodations for students with disabilities and Exceptional Children who enroll in public school Driver's Training?
Principals should collaborate with the IEP team and central school system office coordinator of 504 Plans to ensure that all reasonable accommodations are provided to students who qualify for Free and Appropriate Public Education under the Individuals with Disabilities Education Act.

What is the annual allotment to operate the public school Driver's Training program in the state?
Please visit the School Financial & Business Services Allotments Section on this website: http://www.ncpublicschools.org/fbs/allotments/

CONTACTS

NC DMV
Visit the NC DMV at http://www.ncdot.org/dmv

Division of Non-Public Education
919.733.4276 http://www.ncdnpe.org

NC Community College Basic Skills/GED Education
http://www.ncccs.cc.nc.us/Basic_Skills/driversLicenseLaws.htm

NC Public Schools
Local public schools should work with their central school system office coordinator.

LEA Coordinators:
Technical Assistance contact Johanna Chase, Health Education Consultant at jchase@dpi.state.nc.us
Corrections to SADLS contact help@dpi.state.nc.us
Allocations contact Lydia Prude at lprude@dpi.state.nc.us