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• Dropout Prevention, Driver's License Legislation/Lose Control, Lose Your License Legislation (4 Questions)
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1. How does Dropout Prevention/Driver’s License Legislation work?
North Carolina House Bill 769 became effective December 1, 1997 and reflects a coordinated statewide effort to motivate and encourage students to complete high school. This legislation requires that a student's driving permit or license be revoked if a student is unable to maintain adequate progress or drops out of school. Adequate progress is defined as passing 70% of all courses and is determined by first semester grades and second semester grades for schools on block scheduling. For schools on a traditional six-period day schedule, grades are determined by first semester grades and end-of-year grades.
In rare cases, there may be circumstances beyond the control of the student or his/her parents that qualify as a hardship. If a hardship exists, the student may request a waiver. If the waiver is granted, the student would not be affected by the legislation. Hardship cases are rare and are reserved for extreme situations.
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2. What are the major aspects of Lose Control, Lose Your License Legislation?
North Carolina Senate Bill 57, which became effective July 1, 2000, requires that a student's driving permit or license be revoked for one year if a student is given a 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:
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The possession or sale of an alcoholic beverage or an illegal controlled substance on school property.
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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.
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The physical assault on a teacher or other school personnel on school property.
School property is 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. Students who are at least 14 years old or who were rising 8th graders on or after July 1, 2000, are subject to this law. Students who were issued a NC driver's permit or license before December 1, 1997, or students who are 18 years old cannot be charged under this law.
Unlike the "Dropout Prevention/Driver's License" law that only affects students under the age of 18, 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 17-and-a-half-year-old and not be eligible to drive for a full calendar year, reaching 18-and-a-half before again being eligible to drive.
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3. Whom do the laws affect?
Dropout Prevention/Driver’s License Legislation: The legislation is directed to all North Carolina students under the age of 18 who are eligible for a driving permit or license. This includes public schools, federal schools, home schools, private schools, and community college students.
Lose Control Lose Your License law: The law affects students who are at least 14 years old or who are rising 8th graders on or after July 1, 2000. Students who are 18 years old cannot be charged under this law; however, the year’s suspension can go beyond a student’s 18th birthday.
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