A BILL TO BE ENTITLED
AN ACT to require the department of public instruction to provide additional fiscal and technical oversight of the driver education program, AS recommended by the joint legislative Program evaluation oversight committee.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 115C‑215 reads as rewritten:
"§ 115C‑215.  Administration of driver education program by the Department of Public Instruction.
(a)	In accordance with criteria and standards approved by the State Board of Education, the State Superintendent of Public Instruction shall organize and administer a standardized program of driver education to be offered at the public high schools of this State for all physically and mentally qualified persons who (i) are older than 14 years and six months, (ii) are approved by the principal of the school, pursuant to rules adopted by the State Board of Education, (iii) are enrolled in a public or private high school within the State, and (iv) have not previously enrolled in the program. The State Board of Education shall use for this purpose all funds appropriated to it for this purpose, and may use all other funds that become available for its use for this purpose.
(b)	The driver education curriculum shall include the following:
(1)	Instruction on the rights and privileges of the handicapped and the signs and symbols used to assist the handicapped relative to motor vehicles, including the "international symbol of accessibility" and other symbols and devices as provided in Article 2A of this Chapter.
(2)	At least six hours of instruction on the offense of driving while impaired and related subjects.
(3)	At least six hours of actual driving experience. To the extent practicable, this experience may include at least one hour of instruction on the techniques of defensive driving.
(c)	The State Board of Education shall establish and implement a strategic plan for the driver education program. At a minimum, the strategic plan shall consist of goals and performance indicators, including the number of program participants as compared to the number of persons eligible to participate in the program, the implementation of a standard curriculum for the program, expenditures for the program, and the success rate of program participants in receiving a drivers license.
(d)	The State Board of Education shall adopt a salary range for driver education instructors who are public school employees and who do not hold teacher certificates.
Driver education instructors who are public school employees and who hold teacher certificates shall be paid on the teacher salary schedule. A day of employment for driver education instructors who hold teacher certificates shall be the same number of hours required of all regular classroom teachers as established by the local board of education.
(e)	The State Board of Education shall adopt rules to permit local boards of education to enter contracts with public or private entities to provide a program of driver education at public high schools. All driver education instructors shall meet the requirements established by the State Board of Education; provided, however, driver education instructors shall not be required to hold teacher certificates."
SECTION 2.  G.S. 115C‑216 reads as rewritten:
"§ 115C‑216.  Boards of education required to provide courses in operation of motor vehicles.
(a)	Course of Training and Instruction Required in Public High Schools. – Local boards of education  shall offer noncredit driver education courses in high schools using the standardized curriculum provided by the Department of Public Instruction.
(b)	Inclusion of Expense in Budget. – The local boards of education shall include as an item of instructional service and as a part of the current expense fund of the budget of the high schools under their supervision, the expense necessary to offer the driver education course.
(c)	to (f) Repealed by Session Laws 1991, c. 689, s. 32(c)."
SECTION 3.  G.S. 20‑88.1 reads as rewritten:
"§ 20‑88.1.  Driver education.
						(a)	All expenses incurred by the State in carrying out the provisions of the driver education program administered by the Department of Public Instruction in accordance with G.S. 115C‑215 shall be paid out of the Highway Fund.
(b)	The Division shall prepare a driver license handbook that explains the traffic laws of the State and shall periodically revise the handbook to reflect changes in these laws. At the request of the Department of Public Instruction, the Division shall provide free copies of the handbook to that Department for use in the program of driver education offered at public high schools."
SECTION 4.(a)  The State Board of Education shall report to the Joint Legislative Program Evaluation Oversight Committee by July 15, 2011, on the status of the implementation of Section 7.12 of S.L. 2010‑31, which mandates the creation of a standard curriculum to be used for the driver education program in the Department of Public Instruction.
SECTION 4.(b)  For the 2011‑2012 school year, no State funds shall be used for driver education programs that do not use the standard driver education curriculum created in accordance with Section 7.12 of S.L. 2010‑31.
SECTION 5.  The State Board of Education shall establish a pilot program to deliver driver education by electronic means.  At least five local school administrative units shall participate in the pilot program.  Funds appropriated for driver education shall be used to implement the pilot program. The State Board shall report on the implementation of the pilot program to the Joint Education Oversight Committee and the Joint Legislative Program Evaluation Oversight Committee by February 15, 2012.  The report shall include the cost per student of delivering the instruction and the success rate of program participants in receiving a drivers license.
SECTION 6.  The State Board of Education shall report to the Joint Legislative Education Oversight Committee and to the Joint Legislative Program Evaluation Oversight Committee by February 15, 2012, on the following:
(1)	The most cost-effective method of delivering driver education in the short‑ and long‑term. In making this determination, the State Board of Education shall consider the results of the pilot program implemented pursuant to Section 5 of this act.
(2)	The strategic plan adopted by the State Board of Education in accordance with G.S. 115C‑215.
SECTION 7.  This act is effective when it becomes law.