§ 115C-566. Driving eligibility certificates; requirements. - North Carolina Statutes

Part 4. MiscellaneousRequirements.

§ 115C‑566.  Drivingeligibility certificates; requirements.

(a)        The Secretary ofAdministration, upon consideration of the advice of the Division of NonpublicEducation in the Department of Administration and representatives of nonpublicschools, shall adopt rules for the procedures a person who is or was enrolledin a home school, in a nonpublic school that is not accredited by the StateBoard of Education, or in an educational program found by a court, prior toJuly 1, 1998, to comply with the compulsory attendance law, must follow and therequirements 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 must provide the certificate if heor she determines that one of the following requirements is met:

(1)        The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and is not subject to G.S. 20‑11(n1).

(2)        The person seekingthe certificate is eligible for the certificate under G.S. 20‑11(n)(1)and G.S. 20‑11(n1).

The rules shall defineexemplary student behavior, define what constitutes the successful completionof a drug or alcohol treatment counseling program, and provide for an appeal toan appropriate educational entity by a person who is denied a drivingeligibility certificate. The Division of Nonpublic Education also shall developpolicies as to when it is appropriate to notify the Division of Motor Vehiclesthat a person who is or was enrolled in a home school or in a nonpublic schoolthat is not accredited by the State Board of Education no longer meets therequirements for a driving eligibility certificate.

(b)        The Secretary ofAdministration shall develop a form for parents, guardians, or emancipatedjuveniles, as appropriate, to provide their written, irrevocable consent for aschool to disclose to the Division of Motor Vehicles that the student no longermeets the conditions for a driving eligibility certificate under G.S. 20‑11(n)(1)or G.S. 20‑11(n1), if applicable, in the event that this disclosure isnecessary to comply with G.S. 20‑11 or G.S. 20‑13.2. Other thanidentifying under which statutory subsection the student is no longer eligible,no other details or information concerning the student's school record shall bereleased pursuant to this consent. This form shall be used for studentsenrolled in home schools or nonpublic schools.

(c)        In accordance withrules adopted by the Secretary under this section, persons who are required tosign driving eligibility certificates that meet the conditions established inG.S. 20‑11 shall obtain the necessary written, irrevocable consent fromparents, guardians, or emancipated juveniles, as appropriate, in order todisclose information to the Division of Motor Vehicles and shall notify theDivision of Motor Vehicles when a student who holds a driving eligibilitycertificate no longer meets the conditions under G.S. 20‑11(n)(1) or G.S.20‑11(n1). (1997‑507,s. 5; 1998‑212, s. 9.21(d); 1999‑243, s. 6; 2006‑264, s.59(a).)