1. A. A school vehicle attendant shall:

   1. (1) Complete the preservice instruction under Regulation .10D(1) of this chapter;
   2. (2) Be in good health, mature, able to discharge the duties of the position, and able to command the respect of others;
   3. (3) Be able to exercise sound judgment to make appropriate decisions in emergency situations; and
   4. (4) Complete the prescribed in-service instruction every 12 months under Regulation .10D(2) of this chapter.

2. B. Disqualifications for Criminal Conduct.

   1. (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:

      1. (a) Child abuse or neglect;
      2. (b) Contributing to the delinquency of a minor;
      3. (c) Moral turpitude, if the offense bears directly on the individual's fitness to assist minors;
      4. (d) A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or
      5. (e) Any conduct that may endanger the safety of students being transported.
   2. (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. (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. (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.
3. 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.

4. D. Disqualified Attendant Database.

   1. (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. (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. (3) The notification shall be in the format prescribed by the Department.
   4. (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. (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.

Authority: Education Article, §§2-205, 5-218, and 8-410, Annotated Code of Maryland

Effective date: October 29, 1975 (2:24 Md. R. 1482)

Chapter revised effective August 4, 1976 (3:16 Md. R. 854)

Regulations .01A, .03F, .04E, J, K, L, .05, and .06 amended effective August 3, 1977 (4:16 Md. R. 1214)

Chapter revised effective December 29, 1978 (5:26 Md. R. 1927)

Regulation .01B amended effective February 20, 1981 (8:4 Md. R. 344)

Regulation .01D amended effective October 31, 1980 (7:22 Md. R. 2075)

Chapter revised effective December 21, 1981 (8:25 Md. R. 1996)

Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .02A amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .02B amended effective July 27, 1987 (14:15 Md. R. 1661)

Regulation .03 repealed as an emergency provision effective May 10, 1983 (10:11 Md. R. 972); repealed permanently effective August 1, 1983 (10:15 Md. R. 1351)

Regulations .03 and .09-1 adopted effective July 1, 1985 (12:13 Md. R. 1281)

Regulation .03 amended effective October 16, 1989 (16:20 Md. R. 2182); July 9, 1990 (17:13 Md. R. 1612)

Regulation .03A amended effective July 27, 1987 (14:15 Md. R. 1661)

Regulation .04B amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .05 amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .06A amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .09A amended effective October 16, 1989 (16:20 Md. R. 2182)

Regulation .09-1A and C amended effective July 1, 1988 (15:6 Md. R. 741)

Regulation .09-1 amended and recodified as Regulation .10 effective July 1, 1989 (16:9 Md. R. 995)

Regulation .10 amended and recodified as Regulation .12 effective July 1, 1989 (16:9 Md. R. 995)

Regulation .11 adopted effective July 1, 1989 (16:9 Md. R. 995)

Regulations .01—.12 repealed and new Regulations .01—.17 adopted effective August 31, 1992 (19:17 Md. R. 1608)

Regulation .01B amended effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .01-1 adopted effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .03 amended effective April 6, 1998 (25:7 Md. R. 528)

Regulation .05 amended effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .08C, D repealed effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .08-1 adopted effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .09D amended effective March 29, 1993 (20:6 Md. R. 583)

Regulation .13D amended effective November 6, 1995 (22:22 Md. R. 1668)

Regulation .15C amended effective November 6, 1995 (22:22 Md. R. 1668)

Regulations .01—.17 repealed and new Regulations .01—.18 adopted effective October 1, 2001 (28:19 Md. R. 1686)

Chapter revised effective October 8, 2007 (34:20 Md. R. 1740)

Regulation .01B amended effective March 27, 2017 (44:6 Md. R. 326); December 31, 2018 (45:26 Md. R. 1248)

Regulation .06B amended effective December 31, 2018 (45:26 Md. R. 1248)

Regulation .07 amended effective December 31, 2018 (45:26 Md. R. 1248)

Regulation .08 amended effective December 31, 2018 (45:26 Md. R. 1248)

Regulation .08B amended effective March 27, 2017 (44:6 Md. R. 326)

Regulation .09A,C,D amended effective March 27, 2017 (44:6 Md. R. 326)

Regulation .10 amended effective December 31, 2018 (45:26 Md. R. 1248)

Regulation .10C amended effective March 27, 2017 (44:6 Md. R. 326)

Chapter revised effective February 21, 2022 (49:4 Md. R. 301)

Regulation .06AB amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .07C amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .08A amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .11D amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .12C amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .18A amended effective July 24, 2023 (50:14 Md. R. 594)

Regulation .19A amended effective July 24, 2023 (50:14 Md. R. 594)