Student Driving Eligibility Program
 Expands For 00-01 Term

         Effective August 1, 1998, the North Carolina General Assembly empowered North Carolina public and non-public school administrators (both conventional non-public and home school) with the authority to deny/revoke North Carolina student learner's permits/driver's licenses for poor academic performance in school to students under age 18.  This program is known as the student Driving Eligibility Certificate (DEC.) program.  The 1999 session of the General Assembly further expanded the program -- effective July 1, 2000 -- by enacting Senate Bill 57 -- "Lose Control/Lose Your License."  This expansion of the DEC program does not apply, however, to those students which received a North Carolina learner's permit/driver's license issued before December 1, 1997.

         The expanded program adds to the existing requirements a provision for the revocation of a North Carolina learner's permit/driver's license for one year (lasting even past age 18) or for the denial of a DEC of a student who has been expelled, suspended for more than 10 days or assigned to an alternative education setting for more than 10 days for committing one of the following offenses after the student's 14th birthday or during or after 8th grade:

  1. Possession or sale of alcohol or a controlled substance on school property or at a school-sponsored or school-related activity;
  2. Bringing, possession or use of a weapon or firearm on school property; or,
  3. Assault on a teacher or other school personnel on school property or at a school-sponsored or school-related activity.
         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:
  1. The conduct occurred before the student was age 15 and the student is now at least age 16;
  2. The conduct occurred after the student reached age 15 and it is at least one year after the student has exhausted all administrative appeals; or,
  3. The student qualifies for at least a Level 2 North Carolina driver's license, needs the D.E.C. in order to drive to and from school, a drug or alcohol treatment counseling program, or a mental health treatment program, and no other transportation is available.
         A student whose permit or 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:
  1. The student has returned to school or been placed in an alternative educational setting, and has displayed exemplary behavior, as defined only as when a student has no further offenses as listed earlier which would result in the earlier described types of school disciplinary action;
  2. The disciplinary action was for the possession or sale of alcohol or a controlled substance and the student has successfully completed a drug or alcohol treatment counseling program as determined by the chief administrator (or his/her designee) of the school in which the student was enrolled at the time the offense occurred.
         In recommending a revocation to DNPE, each non-public school chief administrator must now state whether the offense was for:  (1) Not making academic progress toward graduation; or, (2) Dropping out of school; or, (3) Misconduct as defined above from N.C.G.S. 20-11(n1).

         Finally, these changes will also result in a change in the design and color of the DEC forms again starting with the 00-01 school term.  The pink colored 99-00 DEC form will no longer be accepted at DMV offices starting December 1, 2000.  The new purple colored DEC forms have been available for ordering from DNPE by non-public school administrators since August 15, 2000.  Both the pink and purple colored ones will be accepted at local DMV offices only from August 15, 2000 thru November 30, 2000.  Click here for complete details on the newly revised DEC program.