GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 769
Committee Substitute Favorable 4/21/97

Short Title:  Dropout Prevention/Drivers License.	(Public)

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Sponsors:

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Referred to:  

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April 3, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT CERTAIN STUDENTS WHO DROP OUT OF SCHOOL OR DO NOT MAKE PROGRESS TOWARD GRADUATION SHALL NOT BE ELIGIBLE FOR DRIVERS PERMITS OR LICENSES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-9 is amended by adding a new subsection to read:
"( i)	The Division shall not issue any permit or license to an applicant under the age of 18 years of age unless the applicant presents, at the time of application, a driving eligibility certificate proving that he or she is currently enrolled in school and is making progress toward high school graduation or has received a high school diploma or its equivalent.  The driving eligibility certificate shall be on a form approved by the Division and the State Board of Education and shall be signed by one of the following persons:
(1)	The superintendent, or a designee, of the applicable local school administrative unit, for a student enrolled in a public school.
(2)	The administrator of the student's school, for a student enrolled in a private school.
(3)	A representative of the Office of the Governor, for a student registered with that office for home schooling.
(4)	A member of the board of directors, for a student enrolled in a charter school."
Section 2.  G.S. 115C-12 is amended by adding a new subdivision to read:
"(26)	Duty to Develop Rules for Issuance of Driving Eligibility Certificates. – The State Board of Education shall issue rules for the qualifications necessary for an applicant for a drivers permit or license to receive a driving eligibility certificate, required by G.S. 20-9(i), indicating that the applicant is making progress toward high school graduation or has received a high school diploma or its equivalent.
    The rules shall provide standards for issuance of the driving eligibility certificate when either:
a.	Although the applicant is not making progress toward graduation, a hardship would be placed on the applicant or the applicant's family if the applicant did not receive the certificate; or
b.	It is determined that the student cannot make progress toward obtaining a high school diploma.
    The rules shall further provide for an appeal to an appropriate education authority by an applicant who is denied a driving eligibility certificate."
Section 3.  G.S. 20-13.2 is amended by adding a new subsection to read:
"( c1)	The Division shall revoke the permit or license of a driver under the age of 18 if the driver fails to meet the applicable attendance requirements of Article 26 of Chapter 115C of the General Statutes and the Division is notified by the proper school authority.   Notwithstanding subsection (d) of this section, if a drivers permit or license is revoked pursuant to this subsection, the length of revocation shall be at least 90 days and the license or permit shall only be restored upon proof of:
(1)	Reenrollment in school or enrollment in an adult education program in a community college;
(2)	Proof that the student has already satisfactorily met the requirements for graduation; and
(3)	Payment of a fifty dollar ($50.00) restoration fee."
Section 4.  The State Board of Education shall study the effectiveness of this act on the dropout rates and progress toward graduation of students under the age of 18 and shall report the results of the study to the 2000 Session of the General Assembly by filing a copy of a report with the Speaker of the House of Representatives, with the President Pro Tempore of the Senate, and with the Fiscal Research Division prior to the first day of that legislative session.
Section 5.  This act is effective when it becomes law.  Sections 1 and 3 of this act become effective August 1, 1998.  The rules required by Section 2 of this act shall be issued by the State Board of Education no later than March 1, 1998.