<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 11.23.02.08" title_num="11" subtitle_num="23" chapter_num="02" heading="Certified School's Operation Requirements.">
  <paragraph num="A.">
    <text>A certified school shall:</text>
    <paragraph num="(1)">
      <text>Display the school's certification in a conspicuous place in the business office;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Only use school training vehicles approved by the Administration;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Only use curricula, instructional materials, quizzes, tests, and forms approved by the Administration;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Conduct an Administration-approved parent orientation at the start of each driver education program course;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Make operation and student completion records available for inspection upon request by the Administration during the school's posted business hours;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Comply with nondiscrimination requirements in providing services without regard to race, creed, color, age, gender, sexual orientation, national origin, marital status, disabilities, or any other classification required under local, State, and federal laws and regulations;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Comply with any decisions, direction, or findings made by a federal or State agency as the result of any complaint filed with these agencies asserting a violation of any local, State, or federal law;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Issue a certified completion certificate, signed by the designated official of the certified school, through December 31, 2008, to students who successfully complete the program, unless authorized by the Administration to submit the completion information electronically;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Effective January 1, 2009:</text>
      <paragraph num="(a)">
        <text>Transmit student program completion information electronically to the Administration within 1 business day of the student's completion of the program; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Inform the student that the student's driving record will not be updated by the Administration for at least 3 business days after the student completes the program;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>Schedule additional or remedial sessions for students who need additional instruction;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a driver education school business office or classroom, or other applicable zoning classification, including a posted certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Report, in writing, to the Administration within 5 business days any changes in the information supplied in the latest application or renewal form including changes in:</text>
      <paragraph num="(a)">
        <text>Training vehicles; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Newly employed or terminated instructors;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>Provide not less than 8 hours notice to the student in the event of a cancellation or postponement of more than 2 hours of a scheduled behind-the-wheel or classroom instructional period; and</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Provide a prorated refund to a student who withdraws or transfers from the school.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A certified school shall at all times maintain:</text>
    <paragraph num="(1)">
      <text>An approved business office located in Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Workers' Compensation insurance continuously in force for all school employees;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A payment or assistance policy that will permit students with verifiable financial hardships to participate in the program courses.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A certified school shall ensure that:</text>
    <paragraph num="(1)">
      <text>All courses are taught in English unless authorization has been granted in writing by the Administration to teach in another language;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each class is conducted in only one language other than sign language, which may be used simultaneously or singularly;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In courses taught in a spoken language other than English, that each student enrolled in that course can understand, speak, and read the alternate language;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Only tests included in the approved program course curriculum are administered;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Only certified instructors conduct the testing, evaluation, and teaching of students in classroom and behind-the-wheel instruction;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Only authorized school employees correct and grade tests;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Only instructors review the test results with a student; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The classroom and behind-the-wheel instruction is completed within 18 weeks unless a student requests an extension.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A certified school may not:</text>
    <paragraph num="(1)">
      <text>Publish, advertise, or otherwise suggest or imply that a driver's license is guaranteed or assured after completing the school's instruction;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Use any publication or advertisement that is false, deceptive, or misleading;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Endanger an employee, a student, or instructor; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Subcontract to another organization or individual to conduct any portion of the program, without prior approval from the Administration.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>At the time of student enrollment, the certified school shall require the student and if student is under 18 years of age the parent or guardian, to sign a rights and responsibilities form and return a copy of the signed form to the student that contains the following information:</text>
    <paragraph num="(1)">
      <text>Classroom and testing locations, dates, and times;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The certified school's established policy for:</text>
      <paragraph num="(a)">
        <text>Course cancellations and postponements, that conform with §A(13) of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Course fees, payment methods, refund policy, and retest fees;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Fees for remedial and additional instruction;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Make-up policies; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>How and when the behind-the-wheel instruction is scheduled;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Payment or assistance policy that permit students with verified financial hardships to participate in the program courses;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>That the student driving record kept by the Administration will be updated within 3 business days after the student completes the program;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>That after presenting a complaint to the driving school, the student has a right to file a complaint against a certified school with the Administration, including the appropriate Administration official's contact information, on a violation of the responsibilities required by the schools as set forth in this form or dissatisfaction with the service provided by the school; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>That if the student withdraws from a certified school course, the student shall be provided with a classroom student record and completion form and a behind-the-wheel student record and completion form listing the amount of instruction that has occurred which will be transferable to a new school and receive a prorated refund in accordance with §A(14) of this regulation.</text>
    </paragraph>
  </paragraph>
</regulation>