Md. Code Regs. 13A.06.07.08

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

Section 13A.06.07.08 - School Vehicle Attendant Qualifications and Disqualifications

A. A school vehicle attendant shall:

(1) Complete the preservice instruction under Regulation .10D(1) of this chapter;

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

(3) Be able to exercise sound judgment to make appropriate decisions in emergency situations; and

(4) Complete the prescribed in-service instruction every 12 months under Regulation .10D(2) of this chapter.

B. Disqualifications for Criminal Conduct.

(1) An individual may not serve as a school vehicle attendant 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 §B(1) of this regulation, is permanently disqualified from serving as a school vehicle attendant.

(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 a school vehicle attendant for a period of 10 years from the date of the action.

(4) An individual may not serve as a school vehicle attendant 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.

C. 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 school vehicle attendant by the supervisor of transportation.

D. Disqualified Attendant Database.

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

(2) The supervisor of transportation shall notify the Department's Office of Pupil Transportation of an attendant's or trainee's disqualification within 30 days of the attendant's or trainee's 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 attendants. 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 attendants, 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 attendant 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 their next appropriate action.

Md. Code Regs. 13A.06.07.08

Regulations .08 adopted effective August 31, 1992 (19:17 Md. R. 1608)
Regulation .08C, D repealed effective November 6, 1995 (22:22 Md. R. 1668)
Regulations .08 adopted effective October 1, 2001 (28:19 Md. R. 1686); amended effective 44:6 Md. R. 326, eff. 3/27/2017; amended effective 45:26 Md. R. 1248, eff. 12/31/2018; amended effective 49:4 Md. R. 301, eff. 2/21/2022; amended effective 50:14 Md. R. 594, eff. 7/24/2023