North Carolina Non-Public School
Conventional non-public schools are those operating only under either Part 1 or Part 2 of Article 39, Chapter 115C of the North Carolina General Statutes. Home schools are those non-public schools operating under Part 3 of Article 39, Chapter 115C of the North Carolina General Statutes. DEC is the abbreviation used in this document for driving eligibility certificate. DMV is the abbreviation for the North Carolina Division of Motor Vehicles.ISSUANCE OF DEC'S BY NON-PUBLIC SCHOOLS
Before issuing a DEC, a conventional non-public school or a home school must already have on file with the North Carolina Division of Non-Public Education a currently valid Notice of Intent to Operate and must be in compliance with all the laws and regulations applicable to conventional non-public schools or home schools which enroll students subject to compulsory attendance laws.
The chief administrator of a non-public school which is in compliance with all laws and regulations applicable to that type of non-public school may then request DEC forms from the North Carolina Division of Non-Public Education -- the exclusive supplier of DEC forms to all non-public schools. These DEC forms are then non-transferable between schools.
Non-public schools may NOT request DEC forms from the North Carolina Division of Non-Public Education until after the school's currently valid Notice of Intent to Operate has been on file with the North Carolina Division of Non-Public Education for six calendar months, unless the student has moved to North Carolina within the last 30 days preceding the DEC form order date.STUDENT PROCEDURE FOR OBTAINING A DEC
A non-public school student under age 18 currently and properly enrolled in that school and wishing to obtain a North Carolina driver's license or a learner's permit must first obtain a DEC issued from and signed by either the chief administrator (or his/her designee) of the conventional non-public school in which the student is enrolled, or from the chief administrator of the home school in which the student is enrolled. The student must obtain the signed DEC form no more than 30 days before the date the student applies for a North Carolina driver's license or learner's permit. See N.C.G.S. 20-11(n) and 115C-566.
STUDENT REQUIREMENTS FOR OBTAINING A DEC
In order for a non-public school student under age 18 to be eligible to receive a DEC, the following requirements must be met:
North Carolina learner's permit/driver's license revocation for these three conduct offenses are mandated for one year and, if the student committed and was disciplined for the offense while the student was age 17, the revocation period may extend past age 18.
A student who has committed one of these offenses may be eligible for a DEC only when the chief school administrator (or his/her designee) has determined that the student has exhausted all administrative appeals, is making academic progress toward high school graduation and meets one of the three following conditions:
A student whose permit/license was revoked or denied due to committing one of these offenses may be eligible for a DEC only if, after 6 months from the date of ineligibility, the chief school administrator (or his/her designee) determines that the student is making academic progress toward high school graduation and that one of the following conditions has been met:
The chief administrator of the non-public school may grant a substantial hardship classification for the student and provide a DEC despite the student's lack of academic progress or a misconduct offense such as listed earlier. Some examples of a substantial hardship could include:
STUDENT APPEALS PROCESS
For the purposes of N.C.G.S. 115C-566, each conventional non-public school enrolling students who are at least age 15 but not yet age 18, shall establish a DEC Appeals Committee to receive and act on appeals alleging that a DEC was improperly denied by the school. The DEC Appeals Committee shall:
For the purposes of N.C.G.S. 115C-566, a DEC Appeals Committee shall be established exclusively for students enrolled in home schools. The Home School DEC Appeals Committee shall:
Whenever a student has been denied a DEC or it is determined by the school that the student after being issued a DEC is no longer meeting the "Student Requirements for Obtaining a DEC.", the chief administrator of the non-public school shall first inform the student of the school's decision and of the availability of the appeals process. All student appeals shall be made in writing within five days of the schools decision and be directed to the chief administrator of the non-public school in which the student is currently enrolled. Whenever the DEC Appeals Committee rules on the matter agreeing with the school's decision to revoke a DEC (or if the student does not wish to appeal the school's decision to revoke), the chief administrator shall then notify the North Carolina Division of Non-Public Education.NOTIFICATION TO NORTH CAROLINA DMV
Non-public schools shall send written notification to the North Carolina Division of Non-Public Education within five calendar days of when a student who is at least age 15 but not yet age 18:
Within five calendar days of the North Carolina Division of Non-Public Education's receipt of this written notification from a non-public school, the Director of that office or his/her designee shall inform the North Carolina Division of Motor Vehicles of the notification.
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