Lose Control, Lose Your License Legislation Summary
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 are empowered to report to the Division of Motor Vehicle (DMV) the fact that a student has been removed to an alternate school setting due to one of the following behaviors that results in disciplinary action:
- 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 NCGS 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. 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.
Definition of 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 or school-related activities that occur on or off the physical premises of the school.
Who is Affected?
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. 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:
- The enumerated student conduct occurred before the student reached the age of 15, and the student is now at least 16 years old.
- 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.
- 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.
When Can the License be Reinstated?
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:
- 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.
- 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."
Definition of Exemplary Behavior:
Exemplary student behavior is defined as a student having no further incidents of misconduct where expulsion, suspension, or an assignment to an alternative education setting is required. Students found in violation of local school board policies addressing related behavior (i.e. attendance, dress code, other behaviors that result in an office disciplinary action by the principal, etc.) would not qualify for having exemplary behavior.
What About Students Who Turn 18?
Unlike the "Dropout Prevention/Driver’s License" law that stops when a student turns 18 years old, the "Lose Control, Lose Your License" law does not stop at age 18. It is possible for a student to have his or her license suspended as a 17-1/2 year old and it could remain suspended for 365 days or until they are 18-1/2 years old before being eligible to drive.
What About the Family Education Right to Privacy Act (FERPA)?
Beginning with 1999-2000 school year, LEA’s will require parents, guardians, or emancipated juveniles to provide their written irrevocable consent for a school to disclose to the DMV that the student no loner meets the conditions for a Driving Eligibility Certificate (DEC) under G. S. 20-11. No certificate is issued if the parent does not give consent.
Who should I direct my questions to?
In-State Private and Home Schools should direct there questions to Rod Helder at (919) 733-4276. Public schools should direct their questions to their local high school principal or principal's designee. Colleges should direct their questions to the representative at their college or Dr. Randy Whitfield at (919) 733-7051.
Suspended licenses are sent to DMV- Attn: Eula Williams, 1100 New Bern Avenue, Raleigh, NC. 27697
Driver Eligibility Certificates (DEC):
This is an approved form that must be presented at the time of application for a North Carolina Driver License or Permit. This certificate signifies that the student meets all requirements of:
- The DropOut Driver License Law (refer to Related Links)
- The Lose Control, Lose Your License Law (refer to Related Links)