North Carolina § 115C-215 - Administration of driver education program by the Department of Public Instruction.

§ 115C-215. Administration of driver education program by the Department of Public Instruction.

In accordance with criteria and standards approved by the State Board of Education, the State Superintendent of Public Instruction shall organize and administer a standardized program of driver education to be offered at the public high schools of this State for all physically and mentally qualified persons who (i) are older than 14 years and six months, (ii) are approved by the principal of the school, pursuant to rules adopted by the State Board of Education, (iii) are enrolled in a public or private high school within the State or are receiving instruction through a home school as provided by Part 3 of Article 39 of Chapter 115C of the General Statutes, and (iv) have not previously enrolled in the program. The driver education program shall be for the purpose of making available public education to all students on driver safety and training. The State Board of Education shall use for this purpose all funds appropriated pursuant to subsection (f) of this section to the Department of Public Instruction and may use all other funds that become available for its use for this purpose. The driver education curriculum shall include the following: Instruction on the rights and privileges of the handicapped and the signs and symbols used to assist the handicapped relative to motor vehicles, including the "international symbol of accessibility" and other symbols and devices as provided in Article 2A of Chapter 20 of the General Statutes. At least six hours of instruction on the offense of driving while impaired and related subjects. At least six hours of actual driving experience. To the extent practicable, this experience may include at least one hour of instruction on the techniques of defensive driving. At least one hour of motorcycle safety awareness training. Instruction on law enforcement procedures for traffic stops that is developed in consultation with the State Highway Patrol, the North Carolina Sheriff's Association, and the North Carolina Association of Chiefs of Police. The instruction shall provide a description of the actions that a motorist should take during a traffic stop, including appropriate interactions with law enforcement officers. The State Board of Education shall establish and implement a strategic plan for the driver education program. At a minimum, the strategic plan shall consist of goals and performance indicators, including the number of program participants as compared to the number of persons projected to be eligible to participate in the program, the implementation of a standard curriculum for the program, expenditures for the program, and the success rate of program participants in receiving a drivers license as reported by the Division of Motor Vehicles. The strategic plan shall also outline specific roles and duties of an advisory committee consisting of employees of the Division of Motor Vehicles and the Department of Public Instruction and other stakeholders in driver education. If a local school administrative unit does not comply with any reporting requirements imposed on the unit for the purposes of implementing the strategic plan established by the State Board of Education pursuant to subsection (c) of this section, the Department of Public Instruction may withhold up to five percent (5%) of the State funds allocated to a local school administrative unit for driver education until the unit reports the information required by the Department. The State Board of Education shall adopt a salary range for the delivery of driver education courses by driver education instructors who are public school employees. The salary range shall be based on the driver education instructor's qualifications, certification, and licensure specific to driver education. The State Board of Education shall adopt rules to permit local boards of education to enter contracts with public or private entities to provide a program of driver education at public high schools. All driver education instructors shall meet the requirements established by the State Board of Education; provided, however, driver education instructors shall not be required to hold teacher certificates. The clear proceeds of the newly established motor vehicle registration late fee charged pursuant to G.S. 20-88.03, as enacted by S.L. 2015-241, shall be used to provide a dedicated source of revenue for the drivers education program administered by the Department of Public Instruction in accordance with this section and shall be appropriated by the General Assembly for this purpose for the 2016-2017 fiscal year and subsequent fiscal years thereafter. The Department of Public Instruction shall have a full-time director and other professional, administrative, technical, and clerical personnel as may be necessary for the statewide administration of the driver education program. Of the funds appropriated to the Department each fiscal year pursuant to subsection (f) of this section, the Department may use up to two percent (2%) of those funds for the direct costs for the statewide administration of the program, including any necessary positions. History (1953, c. 1196; 1955, c. 1372, art. 23, s. 4; 1959, c. 573, s. 16; 1981, c. 423, s. 1; 1991, c. 689, s. 32(b); 2011-145, s. 28.37(a); 2011-334, s. 1; 2015-241, ss. 5.3(c), 8.39(a); 2016-94, ss. 5.2, 8.5; 2017-95, s. 2; 2018-5, s. 7.11(b).) Cross References. - As to driver education, generally, see G.S. 20-88.1 . Editor's Note. - Session Laws 2011-145, s. 28.37(f)-(i), provides: "(f) The State Board of Education shall report to the Joint Legislative Program Evaluation Oversight Committee by July 15, 2011, on the status of the implementation of Section 7.12 of S.L. 2010-31, which mandates the creation of a standard curriculum to be used for the driver education program in the Department of Public Instruction. "(g) For the 2011-2012 school year, no State funds shall be used for driver education programs that do not use the standard driver education curriculum created in accordance with Section 7.12 of S.L. 2010-31. "(h) The State Board of Education shall establish a pilot program to deliver driver education by electronic means. At least five local school administrative units shall participate in the pilot program. Funds appropriated for driver education shall be used to implement the pilot program. The State Board shall report on the implementation of the pilot program to the Joint Legislative Education Oversight Committee and the Joint Legislative Program Evaluation Oversight Committee by June 15, 2012. The report shall include the cost per student of delivering the instruction and the success rate of program participants in receiving a drivers license. "(i) The State Board of Education shall report to the Joint Legislative Education Oversight Committee and to the Joint Legislative Program Evaluation Oversight Committee by June 15, 2012, on the following: "(1) The most cost-effective method of delivering driver education in the short- and long-term. In making this determination, the State Board of Education shall consider the results of the pilot program implemented pursuant to Section 5 of this act. "(2) The strategic plan adopted by the State Board of Education in accordance with G.S. 115C-215 ." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2014-100, s. 8.15(b), provides: "It is the intent of the General Assembly that, beginning with the 2015-2016 fiscal year, the driver education program administered by the Department of Public Instruction in accordance with G.S. 115C-215 shall no longer be paid out of the Highway Fund based on an annual appropriation by the General Assembly. Local boards of education shall use funds available to them, including a fee for instruction charged to students pursuant to G.S. 115C-216(g) , to offer noncredit driver education courses in high schools." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 5.3(c), as amended by Session Laws 2016-94, s. 5.2, was codified as subsection (f) of this section at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 8.39(d), provides: "Local boards of education shall report to the State Board of Education no later than December 15, 2015, on the following related to driver education programs offered by and through the local school administrative unit for the 2012-2013, 2013-2014, 2014-2015, and 2015-2016 school years, by year: "(1) How driver education is provided. The local board of education shall provide detailed information regarding whether the driver education program is offered by the local school administrative unit or whether it contracts with an outside provider. If the local school administrative unit contracts with an outside provider to provide any portion of the driver education program, such as instruction, materials, or the fleet used for driver training, the unit shall provide a detailed summary of information as to the terms of the contract, what the unit is responsible for providing, and what the outside provider has contracted to provide, and a copy of all contracts related to driver education. "(2) Total cost for the driver education program and per student cost for the program. The local board shall include a detailed explanation of expenditures of all funds associated with the driver education program, written in plain English. "(3) How the fleet used for driver training is provided and maintained. If the local school administrative unit maintains its own fleet, information regarding the number of vehicles in the fleet, procurement, maintenance, and fuel cost of those vehicles, replacement cycle for the vehicles, and source of funds for the fleet. "(4) Numbers of students eligible to participate in the driver education program, number of students participating in the program, and numbers of students successfully completing the program. "(5) Materials used for instruction of the standardized driver education curriculum. "(6) Methodology for transfer to agencies of student information related to driver education. "(7) Role of parents and legal guardians in driver education instruction. "(8) Process for filing and resolving complaints related to the driver education program. If the local school administrative unit has a process, the unit shall provide information on the numbers, types, and resolutions of filed complaints. "(9) Assessments and evaluations used to determine quality and success of the driver education program. "(10) Average and maximum length of time between classroom instruction and behind-the-wheel instruction. "(11) Average and maximum number of classroom hours taught per day on regular school days and on any other day. "(12) Average and maximum number of behind-the-wheel hours taught per day on regular school days and on any other day. "(13) Process, if any, for reviewing driving records for driver education instructors. "(14) Tracking, if any, of student outcomes when seeking a graduated drivers license. If the local school administrative unit tracks this information, the unit shall provide data on student outcomes, including numbers of students who successfully completed or unsuccessfully completed the written and driving portions of the graduated drivers license examination, respectively. "(15) If fees are charged for driver education, fee waivers or reductions, if any, provided to students. If fee waivers or reductions are provided, the local school administrative unit should provide data on the policy for fee waivers or reductions, how many students are eligible for and use the waiver or reduction, and the amounts waived or reduced." Session Laws 2015-241, s. 8.39(e), provides: "The State Board of Education shall report to the Joint Legislative Education Oversight Committee (Committee) on the information provided by local boards of education on driver education programs under subsection (d) of this section no later than February 15, 2016." Session Laws 2015-241, s. 8.39(f), provides: "The Committee shall study the provision of driver education by examining information, findings, and recommendations in the following reports and any additional information that it deems necessary and relevant: "(1) The National Highway Traffic Safety Administration report issued in May 2015, entitled "State of North Carolina: Technical Assessment of the Driver Education Program. "(2) The North Carolina Driver Education Strategic Plan prepared in June 2012 by the Driver Education Advisory Committee of the State Board of Education. "(3) The North Carolina's Driver Education Program Management Review prepared in November 2010 by the Office of State Budget and Management. "(4) The Program Evaluation Division's report issued in March 2014, entitled "Performance Measurement and Monitoring Would Strengthen Accountability of North Carolina's Driver Education Program. "(5) Information provided by local boards of education on driver education programs, as reported by the State Board of Education pursuant to subsection (e) of this section." Session Laws 2015-241, s. 8.39(g), provides: "The Committee shall make recommendations, which may include proposed legislation, on the study required under subsection (f) of this section to the 2015 General Assembly upon its convening of the 2016 Regular Session on the following issues: "(1) Lowering the cost of delivery for driver education. "(2) Adjusting or removing fees for driver education. "(3) The appropriate level of involvement for parents and legal guardians. "(4) Appropriate level of involvement of the Department of Transportation, Division of Motor Vehicles. "(5) Recommendations on alternate providers, such as community colleges or private entities." Session Laws 2015-241, s. 8.39(h), as amended by Session Laws 2016-94, s. 8.5, made the amendments by Session Laws 2015-241, s. 8.39(a), effective July 1, 2016, and applicable beginning with the 2016-2017 school year. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-23, s. 5(a), made current North Carolina students who are eligible to attend North Carolina schools before boundary certification, and who lose eligibility as a result of certification, to attend North Carolina schools. Session Laws 2016-23, s. 6(a)-(c), provides: "(a) Notwithstanding State Board of Education policy, GCS-R-004, or any other provision of law, if a student enrolled in a North Carolina public school or charter school under subsection (a) of Section 5 of this act obtains a beginner's permit in South Carolina, the student shall be eligible to participate in behind-the-wheel instruction as part of a driver education course offered by the local school administrative unit in which the student is enrolled "(b) Notwithstanding G.S. 20-11(b)(1) , a student who (i) as a result of the boundary certification becomes a legal resident of North Carolina on the date of the certification and (ii) is enrolled in a South Carolina school district in which his or her residence was located prior to certification or in the South Carolina statewide public charter school district may meet the requirement in G.S. 20-11(b)(1) for obtaining a limited learner's permit if the student passes a course of driver education offered by the South Carolina high school in which the student is enrolled. "(c) The Department of Transportation, Division of Motor Vehicles, in collaboration with the State Board of Education, shall develop a procedure for any North Carolina resident who is a student enrolled in a South Carolina school pursuant to the conditions described in subsection (b) of this section to satisfy the driver eligibility certificate requirements of G.S. 20-11 to obtain and continue to hold a limited or full provisional license under this section." Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2017-95, s. 3, made subdivision (b)(5), as added by Session Laws 2017-95, s. 2, effective July 12, 2017, and applicable beginning with the 2017-2018 school year. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-30, s. 2, provides: "Notwithstanding G.S. 115C-215(b)(1) , (2), (4), and (5) and G.S. 115C-216 , and the requirements of State Board of Education Policy DRIV-0004, for students enrolled in classroom driver education between January 2020 and March 16, 2020, in a public school or a licensed commercial driver training school, students shall be deemed to have completed all classroom instruction requirements for driver education if the student completed at least 15 hours of classroom instruction prior to March 16, 2020. A student who has not completed at least 15 hours of classroom instruction may be offered the opportunity to take and pass the proficiency examination developed by the Department of Public Instruction, as provided in the State Board of Education Policy DRIV-0004, to waive the classroom instruction requirement. All students enrolled in driver education in the spring semester of 2020 shall be required to complete a minimum of six hours of behind-the-wheel instruction before being issued a North Carolina Driver Education Completion Certificate. Public schools are authorized to resume driver education programs in accordance with guidance issued by the Department of Public Instruction.” Effect of Amendments. - Session Laws 2011-145, s. 28.37(a), effective July 1, 2011, rewrote the section catchline, which formerly read: "Instruction in driver training and safety education"; and rewrote the section, which formerly read: "There shall be organized and administered under the general supervision of the Superintendent of Public Instruction a program of driver training and safety education in the public schools of this State, said courses to be non-credit courses taught by instructors who meet the requirements established by the State Board of Education. Instructors shall not be required to hold teacher certificates." Session Laws 2011-334, s. 1, effective July 1, 2011, in subsection (d), in the first sentence, inserted "the delivery of" and "courses by driver education," and deleted "and who do not hold teacher certificates" from the end, and added the last sentence, and deleted the last paragraph, which pertained to driver education instructors being paid on the teacher salary schedule. Session Laws 2015-241, s. 8.39(a), as amended by Session Laws 2016-94, s. 8.5, added the next-to-the-last sentence in subsection (a). For effective date and applicability, see editor's note. Session Laws 2017-95, s. 2, added subdivision (b)(5). For effective date and applicability, see editor's note. Session Laws 2018-5, s. 7.11(b), effective July 1, 2018, in subsection (a), substituted "pursuant to subsection (f) of this section to the Department of Public Instruction" for "to it for this purpose"; and added subsections (c1) and (g).