North Carolina General Statutes 115C-566. Driving eligibility certificates; requirements
(a) The Secretary of Administration, upon consideration of the advice of the Division of Nonpublic Education in the Department of Administration and representatives of nonpublic schools, shall adopt rules for the procedures a person who is or was enrolled in a home school, in a nonpublic school that is not accredited by the State Board of Education, or in an educational program found by a court, prior to July 1, 1998, to comply with the compulsory attendance law, must 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 N.C. Gen. Stat. § 20-11(n) to sign the driving eligibility certificate must provide the certificate if he or she determines that one of the following requirements is met:
(1) The person seeking the certificate is eligible for the certificate under N.C. Gen. Stat. § 20-11(n)(1) and is not subject to N.C. Gen. Stat. § 20-11(n1).
Terms Used In North Carolina General Statutes 115C-566
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The person seeking the certificate is eligible for the certificate under N.C. Gen. Stat. § 20-11(n)(1) and N.C. Gen. Stat. § 20-11(n1).
The rules shall define exemplary student behavior, define what constitutes the successful completion of a drug or alcohol treatment counseling program, and 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.
(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 that the student no longer meets the conditions for a driving eligibility certificate under N.C. Gen. Stat. § 20-11(n)(1) or N.C. Gen. Stat. § 20-11(n1), if applicable, in the event that this disclosure is necessary to comply with N.C. Gen. Stat. § 20-11 or N.C. Gen. Stat. § 20-13.2 Other than identifying under which statutory subsection the student is no longer eligible, no other details or information concerning the student’s school record shall be released pursuant to this consent. 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 N.C. Gen. Stat. § 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 the conditions under N.C. Gen. Stat. § 20-11(n)(1) or N.C. Gen. Stat. § 20-11(n1). (1997-507, s. 5; 1998-212, s. 9.21(d); 1999-243, s. 6; 2006-264, s. 59(a).)