<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 13A.06.07.09" title_num="13A" subtitle_num="06" chapter_num="07" heading="Alternative School Vehicle Driver Qualifications and Disqualifications.">
  <paragraph num="A.">
    <text>An alternative school vehicle driver shall:</text>
    <paragraph num="(1)">
      <text>Meet all licensing requirements of the Motor Vehicle Administration for a Class A or Class M vehicle respectively;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Be 21 years old or older;</text>
    </paragraph>
    <paragraph num="(4)">
      <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="(5)">
      <text>Receive a negative controlled substance test result; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>As permitted, be included in the MVA Licensing Monitoring System.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Alternative School Vehicle Driver Training.</text>
    <paragraph num="(1)">
      <text>Alternative school vehicle drivers shall have 4 hours of preservice classroom instruction and 1 hour of behind the wheel instruction.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Disqualifications for Criminal Conduct.</text>
    <paragraph num="(1)">
      <text>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:</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 §C(1) of this regulation, is permanently disqualified from serving as an alternative school vehicle driver.</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 an alternative school vehicle driver for a period of 10 years from the date of the action.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <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 alternative school vehicle driver by the supervisor of transportation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Disqualified Alternative School Vehicle Driver Database.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</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 active school vehicle drivers. 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 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.</text>
    </paragraph>
  </paragraph>
</regulation>