NC Education Code · Regulation

Title 16 — root / Chapter 06 — 16 NCAC 06E .0303

Plain English summary

This regulation establishes the rules for local boards of education entering into contracts with public or private entities or individuals to provide driver education programs. Contracts must be awarded competitively, cannot exceed one year with a maximum of two successive renewals, and contractors must be licensed by the Division of Motor Vehicles or certified by the SBE. All contracts must include specific provisions addressing termination, facilities use, vehicles, insurance, and adherence to applicable Rules.

Key requirements

  • Contracts shall be awarded on a competitive basis through requests for proposals to contract.
  • Local boards of education shall establish the process for soliciting proposals, the number of proposals required, and the time and place for receiving and opening proposals.
  • Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as local boards of education may establish.
  • A contract may not be awarded to an entity not licensed by the Division of Motor Vehicles as a commercial driving school pursuant to G.S. 20-322.
  • A contract may be awarded to an individual not licensed as a commercial driving school by the Division of Motor Vehicles if he or she is certified by the SBE in driver education or hold non-certified instructor status.
  • All contracts shall specifically require the contractor to adhere to the requirements of these Rules, 16 NCAC 6E .0301 - .0303.
  • The term of the contract may not exceed one year.
  • A contract may not be renewed for more than two successive one-year terms.
  • All contracts shall prescribe the grounds for termination of the contract, including automatic termination in the event of revocation of the license required by G.S. 20-325.
  • All contracts shall prescribe whether school facilities or vehicles are to be leased or used by the contractor and, if so, the terms and conditions of the lease.
  • All contracts shall prescribe whether the contractor will provide transportation home for students.
  • All contracts shall prescribe the types of vehicles and equipment to be provided by the contractor, if any.
  • All contracts shall prescribe such 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.

Affected parties

  • local boards of education
  • students enrolled in driver education programs
  • private driver education contractors
  • public driver education contractors
  • Division of Motor Vehicles licensed commercial driving schools
  • SBE-certified driver education instructors
  • non-certified instructor status holders

Official source

http://reports.oah.state.nc.us/ncac/title 16 - education/chapter 06 - elementary and secondary education/subchapter e/16 ncac 06e .0303.pdf