Md. Code Regs. 13A.06.07.09

Current through Register Vol. 51, No. 10, May 17, 2024

Section 13A.06.07.09 - Alternative School Vehicle Driver Qualifications and Disqualifications

A. An alternative school vehicle driver shall:

(1) Meet all licensing requirements of the Motor Vehicle Administration for a Class A or Class M vehicle respectively;

(2) Have not more than two current points on the individual's driving record and a satisfactory past driving record as determined by the local supervisor of transportation;

(3) Be 21 years old or older;

(4) Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;

(5) Receive a negative controlled substance test result; and

(6) As permitted, be included in the MVA Licensing Monitoring System.

B. Alternative School Vehicle Driver Training.

(1) Alternative school vehicle drivers shall have 4 hours of preservice classroom instruction and 1 hour of behind the wheel instruction.

(2) Alternative school vehicle drivers shall complete 2 hours of in-service training annually that shall include topics contained in the National Safety Council's Defensive Driving Course.

C. Disqualifications for Criminal Conduct.

(1) An individual may not serve as an alternative school vehicle driver if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:

(a) Child abuse or neglect;

(b) Contributing to the delinquency of a minor;

(c) Moral turpitude, if the offense bears directly on the individual's fitness to assist minors;

(d) A crime of violence as set forth in Criminal Law Article, § 14-101, Annotated Code of Maryland; or

(e) Any conduct that may endanger the safety of students being transported.

(2) An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §C(1) of this regulation, is permanently disqualified from serving as an alternative school vehicle driver.

(3) An individual who pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as an alternative school vehicle driver for a period of 10 years from the date of the action.

(4) An individual may not serve as an alternative school vehicle driver if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment. Evidence of second degree assault is not deemed to be an automatic reason for disqualification.

D. Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the alternative school vehicle driver by the supervisor of transportation.

E. Disqualification for Driving Record. If an alternative school vehicle driver has three or more current points, they shall be disqualified and the driver may not operate an alternative school vehicle.

F. Disqualified Alternative School Vehicle Driver Database.

(1) The Department's Office of Pupil Transportation shall maintain a confidential computer database of alternative school vehicle drivers who have been disqualified by a local school system under §§C, D, and E of this regulation or for any other reason.

(2) The supervisor of transportation shall notify the Department's Office of Pupil Transportation of an alternative school vehicle driver disqualification within 30 days of the alternative school vehicle driver receipt of notification of the disqualification.

(3) The notification shall be in the format prescribed by the Department.

(4) On the first business day of each month, the supervisor of transportation shall submit to the Department's Office of Pupil Transportation a current list of active school vehicle drivers. The list shall be in an electronic format prescribed by the Department.

(5) Within the first 4 business days after receipt of the current list of active alternative school vehicle drivers, the Department's Office of Pupil Transportation shall match that list with the Department's confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active alternative school vehicle driver is listed on the Department's computer database. The supervisor of transportation shall respond in writing to the Department verifying receipt of notification and advise of their next appropriate action.

Md. Code Regs. 13A.06.07.09

Regulation .09A amended effective October 16, 1989 (16:20 Md. R. 2182)
Regulations .09 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulation .09D amended effective March 29, 1993 (20:6 Md. R. 583)
Regulations .09 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended effective 44:6 Md. R. 326, eff. 3/27/2017; amended effective 49:4 Md. R. 301, eff. 2/21/2022