Lose Control, Lose Your License Guidelines

The "Lose Control, Lose Your License" Law became effective July 1, 2000.  Students who are at least 14 years old or who are rising 8th graders on or after July 1, 2000 are subject to this law.  The legislation directs public schools, community colleges, and nonpublic schools to notify the North Carolina Division of Motor Vehicles (through the State Automated Driver License System) whenever a student is given an expulsion/suspension for more than 10 consecutive days or an assignment to an alternative educational setting for more than 10 consecutive days for one of the following reasons:

• The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.

• The possession or use on school property of a weapon or firearm that resulted in disciplinary action under G.S. 115C-391 (d1) or that could have resulted in that disciplinary action if the conduct had occurred in a public school.

• The physical assault on a teacher or other school personnel on school property.  This includes the premises of the school, school buses, or other vehicles under the school's control or contract and that are used to transport students, and school-sponsored or school-related activities that occur on or off the physical premises of the school.

Unlike the "Dropout Prevention/Driver's License" law that stops when a student turns 18 years old, the "Lose Control" law does not stop at age 18.  It is possible for a student to have his or her license suspended as a 17½ year-old.  If a student is unable to demonstrate exemplary behavior, then he or she will be 18 ½ years old before being eligible to drive.

Local education agencies require parents, guardians, or emancipated juveniles 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 G.S. 20-11.  If a parent does not give their consent, a Driving Eligibility Certificate will not be issued.

The principal or assistant principal shall issue a Driving Eligibility Certificate to the student under one of the following three conditions:

• The student's misconduct occurred before the student reached the age of 15, and the student is now at least 16 years old.

• The student's misconduct occurred after the student reached the age of 15, and it is at least one year after the date of the ineligibility.

• The student needs the certificate to drive to and from school, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and NO OTHER TRANSPORTATION IS AVAILABLE.  The legislation is very clear on this.  It must be demonstrated that the student has no other possible means of transportation.  Students with access to a school bus, carpooling, having a parent or other relative drive, or using other modes of transportation (bicycle, city bus, etc. shall be denied.  If a student is given a Driving Eligibility Certificate to attend a drug treatment counseling program, then the student's driving privilege will be suspended after the program is completed.

Note:  This should only apply to students with a Level 2 or 3 N.C. driver's license.  Students with a permit (Level 1) cannot drive by themselves.

A student is eligible for a certificate after a six-month period for displaying exemplary student behavior.  The school principal or assistant principal shall issue a Driving Eligibility Certificate to the student under the following guidelines:

• The student has returned to school or has been placed in an alternative educational setting, and has displayed exemplary student behavior.

• The student has successfully completed a drug or alcohol treatment counseling program for a drug-related suspension (this is not an option if the student wishes to get a Driving Eligibility Certificate after the six month waiting period) and has demonstrated exemplary behavior.

Exemplary student behavior means that the student has displayed no further incidents of misconduct when expulsion, suspension, or an assignment to an alternative educational setting is required.  Students found in violation of local school board policies addressing related behaviors (i.e. attendance, dress code, or other behaviors that result in an official disciplinary action by the administration, etc.) would not qualify for having exemplary behavior.

Successful completion of a treatment counseling program would consist of a minimum of 12 hours of drug or alcohol treatment counseling, a mental health treatment program, or other appropriate intervention programs recognized by the local education agency.  In addition, the treatment counseling program should have a strong parental involvement focus.

A status form will be a part of the student's record.  This is to ensure that the student's progress is tracked should he or she enroll in another educational setting, such as a community college.  This form is necessary to ensure that the student's status in relationship to this law is understood by the enrolling institution.

A student cannot be issued a Driving Eligibility Certificate unless he or she is "clear" on both the "Lose Control" and the "Dropout Prevention/Driver's License" laws.

The "Lose Control, Lose Your License" guidelines outlined above addresses all of the key requirements of this legislation.

(1)        The person who is required to sign the certificate under subdivision (4) of this subsection must show that he or she has determined that one of the following requirements is met:

a.         The person is currently enrolled in school and is making progress toward obtaining a high school diploma or its equivalent.

b.         A substantial hardship would be placed on the person or the person's family if the person does not receive a certificate.

c.         The person cannot make progress toward obtaining a high school diploma or its equivalent.

(1a)      The person who is required to sign the certificate under subdivision (4) of this subsection also must show that one of the following requirements is met:

a.         The person who seeks a permit or license issued under this section is not subject to subsection (n1) of this section.

b.         The person who seeks a permit or license issued under this section is subject to subsection (n1) of this section and is eligible for the certificate under that subsection.

(2)        It must be on a form approved by the Division.

(3)        It must be dated within 30 days of the date the person applies for a permit or license issuable under this section.

(4)        It must be signed by the applicable person named below:

a.         The principal, or the principal's designee, of the public school in which the person is enrolled.

b.         The administrator, or the administrator's designee, of the nonpublic school in which the person is enrolled.

c.         The person who provides the academic instruction in the home school in which the person is enrolled.

c1.       The person who provides the academic instruction in the home in accordance with an educational program found by a court, prior to July 1, 1998, to comply with the compulsory attendance law.

d.         The designee of the board of directors of the charter school in which the person is enrolled.

e.         The president, or the president's designee, of the community college in which the person is enrolled.

Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C-12(28), 115D-5(a3), or 115C-566, whichever is applicable, and may not be appealed under this Chapter.

(n1)      Lose Control; Lose License.

(1)        The following definitions apply in this subsection:

a.         Applicable State entity. - The State Board of Education for public schools and charter schools, the State Board of Community Colleges for community colleges, or the Secretary of Administration for nonpublic schools and home schools.

b.         Certificate. - A driving eligibility certificate that meets the conditions of subsection (n) of this section.

c.         Disciplinary action. - An expulsion, a suspension for more than 10 consecutive days, or an assignment to an alternative educational setting for more than 10 consecutive days.

d.         Enumerated student conduct. - One of the following behaviors that results in disciplinary action:

1.         The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.

2.         The bringing, possession, or use on school property of a weapon or firearm that resulted in disciplinary action under G.S. 115C-390.10 or that could have resulted in that disciplinary action if the conduct had occurred in a public school.

3.         The physical assault on a teacher or other school personnel on school property.

e.         School. - A public school, charter school, community college, nonpublic school, or home school.

f.          School administrator. - The person who is required to sign certificates under subdivision (4) of subsection (n) of this section.

g.         School property. - The physical premises of the school, school buses or other vehicles under the school's control or contract and that are used to transport students, and school-sponsored curricular or extracurricular activities that occur on or off the physical premises of the school.

h.         Student. - A person who desires to obtain a permit or license issued under this section.

(2)        Any student who was subject to disciplinary action for enumerated student conduct that occurred either after the first day of July before the school year in which the student enrolled in the eighth grade or after the student's fourteenth birthday, whichever event occurred first, is subject to this subsection.

(3)        A student who is subject to this subsection is eligible for a certificate when the school administrator determines that the student has exhausted all administrative appeals connected to the disciplinary action and that one of the following conditions is met:

a.         The enumerated student conduct occurred before the student reached the age of 15, and the student is now at least 16 years old.

b.         The enumerated student conduct occurred after the student reached the age of 15, and it is at least one year after the date the student exhausted all administrative appeals connected to the disciplinary action.

c.         The student needs the certificate in order to drive to and from school, a drug or alcohol treatment counseling program, as appropriate, or a mental health treatment program, and no other transportation is available.

(4)        A student whose permit or license is denied or revoked due to ineligibility for a certificate under this subsection may otherwise be eligible for a certificate if, after six months from the date of the ineligibility, the school administrator determines that one of the following conditions is met:

a.         The student has returned to school or has been placed in an alternative educational setting, and has displayed exemplary student behavior, as defined by the applicable State entity.

b.         The disciplinary action was for the possession or sale of an alcoholic beverage or an illegal controlled substance on school property, and the student subsequently attended and successfully completed, as defined by the applicable State entity, a drug or alcohol treatment counseling program, as appropriate.  (1935, c. 52, s. 6; 1953, c. 355; 1955, c. 1187, s. 8; 1963, c. 968, ss. 2, 2A; 1965, c. 410, s. 3; c. 1171; 1967, c. 694; 1969, c. 37; 1973, c. 191, ss. 1, 2; c. 664, ss. 1, 2; 1975, c. 79; c. 716, s. 5; 1979, c. 101; c. 667, ss. 15, 16, 41; 1981 (Reg. Sess., 1982), c. 1257, s. 2; 1989 (Reg. Sess., 1990), c. 1021, s. 11; 1991, c. 689, s. 326; 1993, c. 539, s. 319; 1994, Ex. Sess., c. 24, s. 14(c); 1997-16, s. 1; 1997-443, s. 32.20;  1997-507, s. 1; 1998-149, ss. 2.1, 2.2, 2.3, 2.4, 2.5; 1998-212, s. 9.21(c); 1999-243, ss. 1, 2; 1999-276, s. 1; 1999-387, s. 4; 1999-452, s. 9; 2001-194, s. 1; 2001-487, s. 51.5(a); 2002-73, ss. 1, 2; 2002-159, s. 30; 2005-276, s. 44.1(b); 2006-177, ss. 2-7; 2011-145, s. 28.37(d); 2011-282, s. 15; 2011-381, s. 3; 2011-385, ss. 1-3; 2011-412, s. 3.2.)