<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.06.07.08" title_num="13A" subtitle_num="06" chapter_num="07" heading="School Vehicle Attendant Qualifications and Disqualifications.">
  <paragraph num="A.">
    <text>A school vehicle attendant shall:</text>
    <paragraph num="(1)">
      <text>Complete the preservice instruction under Regulation .10D(1) of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be able to exercise sound judgment to make appropriate decisions in emergency situations; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Complete the prescribed in-service instruction every 12 months under Regulation .10D(2) of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Disqualifications for Criminal Conduct.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Child abuse or neglect;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Contributing to the delinquency of a minor;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Moral turpitude, if the offense bears directly on the individual's fitness to assist minors;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Any conduct that may endanger the safety of students being transported.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Disqualified Attendant Database.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The notification shall be in the format prescribed by the Department.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>