GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 57

Short Title:  Lose Control Lose Your License.	(Public)

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Sponsors: Senators Cooper; Albertson, Ballantine, Carpenter, Carter, Dalton, East, Forrester, Foxx, Garrou, Garwood, Harris, Hoyle, Lee, Lucas, Metcalf, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Rucho, Shaw of Guilford, Soles, Weinstein, and Wellons.

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Referred to:  Judiciary I.

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February 9, 1999

A BILL TO BE ENTITLED
AN ACT PROVIDING FOR LOSS OF DRIVERS LICENSE WHEN CERTAIN PROVISIONAL LICENSEES COMMIT DESIGNATED ACTS.
The General Assembly of North Carolina enacts:
Section 1.  Subsection (n) of G.S. 20-11 reads as rewritten:
"(n)	Driving Eligibility Certificate. – A person who desires to obtain a permit or license issued under this section and who does not have a high school diploma or its equivalent shall have a driving eligibility certificate. A driving eligibility certificate shall meet the following conditions:
(1)	The person who is required to sign the certificate under subdivision (4) of this subsection shall show that he or she has determined that one of the following requirements is met:
a.	The person is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent.
b.	A substantial hardship would be placed on the person or the person's family if the person does not receive a certificate.
c.	The person cannot make progress toward obtaining a high school diploma or its equivalent.
(1a)	If the person who desires to obtain a permit or license under this section was either: (i) expelled, (ii) suspended for more than 10 consecutive days, or (iii) assigned to an alternative educational setting for an incident that occurred either after the July 1 before the school year in which the person enrolled in the eighth grade or after the person's fourteenth birthday, whichever event occurred first, and this disciplinary action was for (i) the possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity on or off school property, (ii) the possession or use of a weapon or firearm on school property in accordance with G.S. 115C-391(d1), or (iii) the physical assault on and serious injury to a teacher or other school personnel on school property or at a school-sponsored or school-related activity on or off school property  in accordance with G.S. 115C-391(d2)(1), then the person who is required under subdivision (4) of this subsection to sign the certificate shall show that he or she has determined that the person has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:
a.	The person has returned to school following the period of expulsion or suspension and has displayed exemplary student behavior, in accordance with rules adopted by the State Board of Education under G.S. 115C-12(28), the Secretary of Administration under G.S. 115C-566, or the State Board of Community Colleges under G.S. 115D-5(a3), as applicable.
b.	The person was placed in an alternative educational setting and has displayed exemplary student behavior, in accordance with rules adopted by the State Board of Education under G.S. 115C-12(28), the Secretary of Administration under G.S. 115C-566, or the State Board of Community Colleges under G.S. 115D-5(a3), as applicable.
c.	The expulsion, suspension, or alternative placement was for the possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity on or off school property, and the person subsequently attended and successfully completed a drug or alcohol treatment counseling program, as appropriate.  The determination as to whether the person successfully completed this program shall be made in accordance with rules adopted by the State Board of Education under G.S. 115C-12(28), the Secretary of Administration under G.S. 115C-566, or the State Board of Community Colleges, as applicable.
d.	The person needs the certificate in order 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.
(2)	It shall be on a form approved by the Division.
(3)	It shall be dated within 30 days of the date the person applies for a permit or license issuable under this section.
(4)	It shall be signed by the applicable person named below:
a.	The principal, or the principal's designee, of the public school in which the person is enrolled.
b.	The administrator, or the administrator's designee, of the nonpublic school in which the person is enrolled.
c.	The person who provides the academic instruction in the home school in which the person is enrolled.
d.	The designee of the board of directors of the charter school in which the person is enrolled.
e.	The president, or the president's designee, of the community college in which the person is enrolled.
	Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(28), G.S. 115D-5(a3), or G.S. 115C-566, whichever is applicable, and may not be appealed under this Chapter."
Section 2.  G.S. 20-13.2(c1) reads as rewritten:
"(c1)	The Division shall revoke the permit or license of a person under the age of 18 if the proper school authority notifies the Division that the person no longer meets the requirements for a driving eligibility certificate under G.S. 20-11(n).  Notwithstanding subsection (d) of this section, the length of revocations shall last for the following periods:
(1)	If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), then the revocation shall last until the person's eighteenth birthday.
(2)	If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1a), then the revocation shall be for a period of one year.
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), the Division shall restore a person's permit or license before the person's eighteenth birthday, if the person submits to the Division one of the following:
(1)	A high school diploma or its equivalent.
(2)	A driving eligibility certificate as required under G.S. 20-11(n).
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1a),  the Division shall restore a person's permit or license before the end of the revocation period, if the person submits to the Division a driving eligibility certificate as required under G.S. 20-11(n).
Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(28), G.S. 115D-5(a3), or G.S. 115C-566, whichever is applicable, and may not be appealed under this Chapter."
Section 3.  G.S. 115C-12(28) reads as rewritten:
"(28)	Duty to Develop Rules for Issuance of Driving Eligibility Certificates. – The State Board of Education shall issue the following rules to assist schools in their administration of procedures necessary to implement G.S. 20-11 and G.S. 20-13.2:
a.	To define what is equivalent to a high school diploma for the purposes of G.S. 20-11 and G.S. 20-13.2. These rules shall apply to all educational programs offered in the State by public schools, charter schools, nonpublic schools, or community colleges.
b.	To establish the procedures a person who is or was enrolled in a public school, in a charter school, or in a nonpublic school accredited by the Board shall follow and the requirements that person shall meet to obtain a driving eligibility certificate.
c.	To require the person who is required under G.S. 20-11(n) to sign the driving eligibility certificate to provide the certificate if he or she determines that the following requirements are met:
1.	The person seeking the certificate is currently enrolled in school and is making progress toward obtaining a high school diploma or its 
	equivalent; a substantial hardship would be placed on the person seeking the certificate or the person's family if the person does not receive the 
	certificate; or the person seeking the certificate cannot make progress toward obtaining a high school diploma or its equivalent.
2.	If the person who desires to obtain a permit or license under G.S. 20-11 was expelled, suspended for more than 10 consecutive days, or assigned to an alternative educational setting, for an incident that occurred after the July 1 before the school year in which the person enrolled in the eighth grade or after the person's fourteenth birthday, whichever event occurred first, and this disciplinary action was for the possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity on or off school property, for the possession or use of a weapon or firearm on school property in accordance with G.S. 115C-391(d1), or for the physical assault on and serious injury to a teacher or other school personnel on school property or at a school-sponsored or school-related activity on or off school property  in accordance with G.S. 115C-391(d2)(1), then the person who is required under G.S. 20-11(n)(4) to sign the certificate shall show that he or she has determined that the person has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:
I.	The person has returned to school following the period of expulsion or suspension and has displayed exemplary student behavior.
II.	The person was placed in an alternative educational setting and has displayed exemplary student behavior.
III.	The expulsion, suspension, or alternative placement was for the possession or sale of alcohol or an illegal controlled substance, and the person subsequently attended and successfully completed a drug or alcohol treatment counseling program, as appropriate.
IV.	The person needs the certificate in order 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.
	These rules shall apply to public schools, charter schools, and nonpublic schools accredited by the State Board.
d.	To provide for an appeal to an appropriate education authority by a person who is denied a driving eligibility certificate.  These rules shall apply to public schools, charter schools, and nonpublic schools accredited by the State Board.
e.	For a person whose permit or license was denied or revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1a), to provide for the optional issuance of a driving eligibility certificate, after six months from the date the person would otherwise be eligible for a driving eligibility certificate, if the person meets one of the following:
1.	Displays exemplary student behavior.
2.	Attends and successfully completes a drug or alcohol treatment counseling program, as appropriate.
	These rules shall apply to public schools, charter schools, and nonpublic schools accredited by the State Board.
f.	To define exemplary student behavior.  These rules shall apply to public schools, charter schools, and nonpublic schools accredited by the State Board.
	The State Board also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a public school, in a charter school, or in a nonpublic school accredited by the Board no longer meets the requirements for a driving eligibility certificate.
	The State Board shall develop a form for parents, guardians, or emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school to disclose to the Division of Motor Vehicles any information necessary to comply with G.S. 20-11 or G.S. 20-13.2 in the event that this disclosure is necessary.  This form shall be used for students enrolled in public schools, charter schools, or nonpublic schools accredited by the Board."
Section 4.  G.S. 115C-566 reads as rewritten:
"§ 115C-566.  Driving eligibility certificates; requirements.
(a)	The Secretary of Administration, upon consideration of the advice of the Division of Nonpublic Education in the Office of the Governor and representatives of nonpublic schools, shall issue rules for the procedures a person who is or was enrolled in a home school or in a nonpublic school that is not accredited by the State Board of Education shall follow and the requirements that person must meet to obtain a driving eligibility certificate. The procedures shall provide that the person who is required under G.S. 20-11(n) to sign the driving eligibility certificate shall provide the certificate if the following requirements are met:
(1)	He or she determines that:
a.	The person seeking the certificate is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent;
	b.	A substantial hardship would be placed on the person seeking the certificate or the person's family if the person does not receive the certificate; or
	c.	The person seeking the certificate cannot make progress toward obtaining a high school diploma or its equivalent; and
(2)	If the person who desires to obtain a permit or license under G.S. 20-11 was expelled, suspended for more than 10 consecutive days, or assigned to an alternative educational setting, for an incident that occurred after the July 1 before the school year in which the person enrolled in the eighth grade or after the person's fourteenth birthday, whichever event occurred first, and this disciplinary action was for the possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity on or off school property, for the possession or use of a weapon or firearm on school property in accordance with G.S. 115C-391(d1), or for the physical assault on and serious injury to a teacher or other school personnel on school property or at a school-sponsored or school-related activity on or off school property  in accordance with G.S. 115C-391(d2)(1), then the person who is required under G.S. 20-11(n)(4) to sign the certificate shall show that he or she has determined that the person has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:
a.	The person has returned to school following the period of expulsion or suspension and has displayed exemplary student behavior.
b.	The person was placed in an alternative educational setting and has displayed exemplary student behavior.
c.	The expulsion, suspension, or alternative placement was for the possession or sale of alcohol or an illegal controlled substance, and the person subsequently attended and successfully completed a drug or alcohol treatment counseling program, as appropriate.
d.	The person needs the certificate in order 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 rules shall define exemplary student behavior and shall provide for an appeal to an appropriate educational entity by a person who is denied a driving eligibility certificate.  The Division of Nonpublic Education also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a home school or in a nonpublic school that is not accredited by the State Board of Education no longer meets the requirements for a driving eligibility certificate.
For a person whose permit or license was denied or revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1a), these rules shall provide for the optional issuance of a driving eligibility certificate, after six months from the date the person would otherwise be eligible for a driving eligibility certificate, if the person meets one of the following:
(1)	Displays exemplary student behavior.
(2)	Attends and successfully completes a drug or alcohol treatment counseling program, as appropriate.
(b)	The Secretary of Administration shall develop a form for parents, guardians, or emancipated juveniles, as appropriate, to provide their written, irrevocable consent for a school to disclose to the Division of Motor Vehicles any information necessary to comply with G.S. 20-11 or G.S. 20-13.2 in the event that this disclosure is necessary.  This form shall be used for students enrolled in home schools or nonpublic schools.
(c)	In accordance with rules adopted by the Secretary under this section, persons who are required to sign driving eligibility certificates that meet the conditions established in G.S. 20-11 shall obtain the necessary written, irrevocable consent from parents, guardians, or emancipated juveniles, as appropriate, in order to disclose information to the Division of Motor Vehicles, and shall notify the Division of Motor Vehicles when a student who holds a driving eligibility certificate no longer meets its conditions."
Section 5.  G.S. 115C-288 is amended by adding the following new subsection to read:
"( i)	To Sign Driving Eligibility Certificates and to Notify the Division of Motor Vehicles. – In accordance with rules adopted by the State Board of Education, the principal or the principal's designee shall do all of the following:
(1)	Sign driving eligibility certificates that meet the conditions established in G.S. 20-11.
(2)	Obtain the necessary written, irrevocable consent from parents, guardians, or emancipated juveniles, as appropriate, in order to disclose information to the Division of Motor Vehicles.
(3)	Shall notify the Division of Motor Vehicles when a student who holds a driving eligibility certificate no longer meets its conditions."
Section 6.  G.S. 115C-238.29F is amended by adding the following new subsection to read:
"( j)	Driving Eligibility Certificates. – In accordance with rules adopted by the State Board of Education, the designee of the school's board of directors shall do all of the following:
(1)	Sign driving eligibility certificates that meet the conditions established in G.S. 20-11.
(2)	Shall obtain the necessary written, irrevocable consent from parents, guardians, or emancipated juveniles, as appropriate, in order to disclose information to the Division of Motor Vehicles.
(3)	Shall notify the Division of Motor Vehicles when a student who holds a driving eligibility certificate no longer meets its conditions."
    	Section 7. G.S. 115D-5(a3)	reads as rewritten:
"(a3)	The State Board of Community Colleges shall issue the following rules to assist community colleges in their administration of procedures necessary to implement G.S. 20-11 and G.S. 20-13.2:
(1)	To establish the procedures a person who is or was enrolled in a community college shall follow and the requirements that person shall meet to obtain a driving eligibility certificate.  
(2)	To require the person who is required under G.S. 20-11(n) to sign the driving eligibility certificate to provide the certificate if he or she determines that the following requirements are met:
	a.	The person seeking the certificate is currently enrolled in school and is making progress toward obtaining a high school diploma or its 
	equivalent; a substantial hardship would be placed on the person seeking the certificate or the person's family if the person does not receive the 
	certificate; or the person seeking the certificate cannot make progress toward obtaining a high school diploma or its equivalent.
b.	If the person who desires to obtain a permit or license under G.S. 20-11 was expelled, suspended for more than 10 consecutive days, or assigned to an alternative educational setting, for an incident that occurred after the July 1 before the school year in which the person enrolled in the eighth grade or after the person's fourteenth birthday, whichever event occurred first, and this disciplinary action was for the possession or sale of alcohol or an illegal controlled substance on school property or at a school-sponsored or school-related activity on or off school property, for the possession or use of a weapon or firearm on school property in accordance with G.S. 115C-391(d1), or for the physical assault on and serious injury to a teacher or other school personnel on school property or at a school-sponsored or school-related activity on or off school property  in accordance with G.S. 115C-391(d2)(1), then the person who is required under G.S. 20-11(n)(4) to sign the certificate shall show that he or she has determined that the person has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:
I.	The person has returned to school following the period of expulsion or suspension and has displayed exemplary student behavior.
II.	The person was placed in an alternative educational setting and has displayed exemplary student behavior.
III.	The expulsion, suspension, or alternative placement was for the possession or sale of alcohol or an illegal controlled substance, and the person subsequently attended and successfully completed a drug or alcohol treatment counseling program, as appropriate.
IV.	The person needs the certificate in order to drive to and from a community college, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and no other transportation is available.
(3)	To provide for an appeal through the grievance procedures established by the board of trustees of each community college by a person who is denied a driving eligibility certificate.
(4)	For a person whose permit or license was denied or revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1a), to provide for the optional issuance of a driving eligibility certificate, after six months from the date the person would otherwise be eligible for a driving eligibility certificate, if the person meets one of the following:
a.	Displays exemplary student behavior.
b.	Attends and successfully completes a drug or alcohol treatment counseling program, as appropriate.
(5)	To define exemplary student behavior.
		The State Board also shall develop policies as to when it is appropriate to notify the Division of Motor Vehicles that a person who is or was enrolled in a community college no longer meets the requirements for a driving eligibility certificate. The State Board also shall adopt guidelines to assist the presidents of community colleges in their designation of representatives to sign driving eligibility certificates.
The State Board shall develop a form for the appropriate individuals to provide their written, irrevocable consent for a community college to disclose to the Division of Motor Vehicles any information necessary to comply with G.S. 20-11 or G.S. 20-13.2 in the event that this disclosure is necessary."
Section 8. Sections 3, 4, and 7 of this act are effective when they become law.  The remainder of this act becomes effective July 1, 2000.  This act does not apply to any person who held a valid North Carolina limited learner's permit issued before December 1, 1998, who held a valid North Carolina learner's permit issued before December 1, 1998, or who was a provisional licensee and held a valid North Carolina drivers license issued before December 1, 1998.  This act shall only apply to conduct committed on or after the effective date by a person who is expelled, suspended, or placed in an alternative educational setting as a result of that conduct.