NC Education Code · Regulation
Title 16 — root / Chapter 06 — 16 NCAC 06E .0301
Plain English summary
This regulation establishes standards for public school driver training programs, requiring at least 30 hours of classroom instruction and 6 hours of behind-the-wheel instruction, free of charge to eligible students. It also defines key terms such as 'substantial hardship,' 'exemplary behavior,' and 'making progress toward obtaining a high school diploma' for purposes of driving eligibility certificates. Local boards of education retain discretion over class size, daily instruction amounts, and the appeals process for driving eligibility certificate decisions.
Key requirements
- Principals shall enroll students who meet the criteria established by G.S. 20-88.1(a)(i), (iii) and (iv)
- The program will be free of charge to eligible students
- Enrollees must obtain either a temporary learner's permit or a restricted instruction permit before they begin behind-the-wheel instruction
- Classroom instruction will consist of at least 30 clock hours of instruction
- Each student must complete a minimum of 6 hours of behind-the-wheel instruction
- The program will be reasonably available on a year-round basis to all eligible persons
- The local board of education will determine class size restrictions, but may not allow instruction in the car to less than two nor more than four students
- The local board of education will issue a certificate to students who satisfactorily complete the prescribed course
- Driver education instructors must possess a valid North Carolina driver's license and must have a driving record acceptable to the local board of education
- Instructors hired for driver education shall either hold a driver education certificate issued by the SBE or have non-certified status according to minimum standards established by Rule .0302 of this Section
- The program shall not be provided during the regular instructional day
- Two or more local boards of education may jointly operate a program under a written agreement meeting the requirements of G.S. 160A-460 et seq.
- 'Making progress toward obtaining a high school diploma' means that the student must pass at least seventy percent (70%) of the maximum of possible courses each semester and meet promotion standards established by the LEA
- 'Successful completion of a treatment counseling program' shall mean completion of a minimum of 12 hours of drug or alcohol treatment, counseling, a mental health treatment program, or other intervention program required by the LEA
- Each LEA shall determine the process by which decisions concerning the issuance of a driving eligibility certificate shall be appealed
- The principal of a high school or the principal's designee shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma or its equivalent or when the student has dropped out of school
- Each charter school, non-public school, and community college shall designate an official who shall notify the Division of Motor Vehicles whenever a student is no longer making progress toward obtaining a high school diploma
Affected parties
- Local boards of education
- Public school students eligible for driver education
- High school principals and their designees
- Driver education instructors
- Charter schools
- Non-public schools
- Community colleges
- NC Division of Motor Vehicles
- Students with disabilities (IEP committees referenced)