16 NCAC 06E .0303          DRIVER EDUCATION CONTRACTS

(a)  A local board of education may contract with a public or private person or entity ("contractor") to administer a program of driver education at high schools under the local board's jurisdiction, provided the contractor complies with the requirements of this Section and Chapter 115C, Article 14 of the General Statutes.

(b)  The local board shall award contracts on a competitive basis through requests for proposals. The local board shall establish the process for soliciting proposals, the number of proposals required, and the time and place for receiving and opening proposals. In addition, the local board shall determine whether bid bonds or performance bonds shall be required. Decisions to award contracts shall be based on quality, safety, costs and such other reasonable factors as the local board may establish.

(c)  A contract may not be awarded to an entity not licensed by the North Carolina Division of Motor Vehicles as a commercial driving school pursuant to G.S. 20‑322. A contract may be awarded to a person not licensed as a commercial driving school if he or she qualifies as a driver education instructor under Rule .0302 of this Section.

(d)  All contracts shall include at least the following provisions:

(1)           The term of the contract, which shall not exceed one year.

(2)           The procedure for renewal of the contract, if any, except that a contract may not be renewed for more than two successive one‑year terms.

(3)           The grounds for termination of the contract, including automatic termination in the event of revocation of the license required by G.S. 20-325.

(4)           Whether school facilities or vehicles are to be used by the contractor. The local board shall not charge the contractor any fee for the use of school facilities or vehicles except for damages arising from the negligent, reckless, or intentional acts of the contractor.

(5)           The types of vehicles and equipment to be provided by the contractor, if any. Any vehicle or equipment purchased using State funds shall remain the property of the local board, and the local board may not, by the terms of the contract, transfer ownership to the contractor.

(6)           An agreement by the contractor to comply with the requirements of this Section and Chapter 115C, Article 14 of the General Statutes.

(7)           Other such terms and conditions, including the purchase of insurance by the contractor, as the local board may determine to be reasonable and appropriate.

History Note:        Authority G.S. 20‑88.1; 115C-215; 115C‑216;

Filed as a Temporary Adoption Eff. August 12, 1991 For a Period of 180 Days to Expire on February 7, 1992;

Eff. March 1, 1992;

Readopted Eff. July 1, 2026.