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11.23.02.00.htm 11.23.02.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 23 MOTOR VEHICLE ADMINISTRATION ― DRIVERS' SCHOOLS, INSTRUCTORS, AND DRIVER EDUCATION PROGRAM Chapter 02 Driver Education Program Authority: Transportation Article, §12-104(b) 12-117, 13-621, 15-102―15-111, 15-701―15-710, 15-801―15-807, 16-212.1(b) and 16-501―16-507, Annotated Code of Maryland
11.23.02.01.htm 11.23.02.01. 01 Purpose.. The purpose of this chapter is to establish requirements, procedures, and standards to administer the driver education program under Transportation Article, §16-505, Annotated Code of Maryland. The regulations in this chapter establish:A. The requirements and procedures for the certification of:. 1) A business entity, organization, institution, or individual to provide the driver education program required to obtain a noncommercial driver's license; and
11.23.02.02.htm 11.23.02.02. 02 Scope.. This chapter applies to the Administration's certification and monitoring of certified schools and instructors that provide the driver education program an individual is required to complete to obtain a noncommercial driver's license.
11.23.02.03.htm 11.23.02.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administration" means the Motor Vehicle Administration.. 2) "Apprentice instructor" means an individual authorized by the Administration to give instruction in the driver education program courses under the supervision and mentoring of an experienced certified driver education instructor.3) "Day" means calendar day.. 4) "Driver education course" has the meaning state
11.23.02.04.htm 11.23.02.04. 04 School Certification.. A. A school certification issued by the Administration authorizes a school to offer the driver education program.B. A school shall receive certification from the Administration before offering the driver education program.C. The Administration may certify the following business entities, organizations, institutions, or individuals as schools to provide the driver education program:1) Licensed drivers' schools;. 2) Public and private school systems;.
11.23.02.05.htm 11.23.02.05. 05 Qualifications for School Certification Applicants.. A. An applicant for an initial school certification:. 1) Shall be 21 years old or older;. 2) Shall be licensed as a drivers' school under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, and be in compliance with all the laws, rules, regulations, and policies pertaining to the drivers' school license;3) May not have any pending charges or criminal convictions for:. b) A crime of moral turpitude;.
11.23.02.06.htm 11.23.02.06. 06 Applying for a School Certification.. A. A business entity, organization, institution, or individual shall submit an application to the Administration requesting certification as a driver education school.B. The application shall be signed by the authorized representative of the business entity, organization, or institution requesting the certification.C. The application shall be completed, in its entirety, and be accompanied by:.
11.23.02.07.htm 11.23.02.07. 07 Certified School's Requirements.. A certified school owner and each individual responsible for the operation of the program may not have pending charges or criminal convictions for:A. Fraud in the operation of providing instruction;. B. A crime of moral turpitude;. C. A sex offense;. D. Contributing to the delinquency of a minor;. E. An offense involving a controlled dangerous substance;. F. An offense involving alcohol or drugs while operating a motor vehicle; or.
11.23.02.08.htm 11.23.02.08. 08 Certified School's Operation Requirements.. A. A certified school shall:. 1) Display the school's certification in a conspicuous place in the business office;. 2) Only use school training vehicles approved by the Administration;. 3) Only use curricula, instructional materials, quizzes, tests, and forms approved by the Administration;4) Conduct an Administration-approved parent orientation at the start of each driver education program course;5) Make operation and stu
11.23.02.09.htm 11.23.02.09. 09 Record and Report Requirements for Certified Schools.. A. A certified school shall maintain for at least 3 years, in a secure location, in hard copy or electronic format, records and reports of all business activities for the program. These records and reports shall include:1) Instructor employment records;. 2) Training vehicle insurance, maintenance, inspection, and registration records;. 3) Surety bond certificates;.
11.23.02.10.htm 11.23.02.10. 10 Certified School's Requirements for Instructors.. A. A certified school shall only:. 1) Employ instructors certified by the Administration to teach the program courses; and. 2) Use instructors who are employed by the certified school.. B. A certified school shall notify the Administration, in writing, within 5 business days of any newly employed instructors by the school or of any instructors terminated.C. The Administration may monitor the driving records of all employed instr
11.23.02.11.htm 11.23.02.11. 11 Renewing a School Certification.. A. A school certification issued under this chapter is valid for 2 years from the issue date of the certification.B. A school certification expires 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.C. To qualify for a renewal of a school certification an applicant shall:. 1) Be in compliance with all the laws, rules, regulations, and policies governing the program; and.
11.23.02.12.htm 11.23.02.12. 12 Replacing a School Certification Certificate.. A. A certified school may request a duplicate certification certificate to replace one that has been lost, stolen, mutilated, or destroyed.B. To obtain a duplicate certification certificate, the school shall:. 1) Submit a request for a duplicate on a form approved by the Administration, that includes the date and circumstances involving the loss, theft, mutilation, or destruction of the certificate; and
11.23.02.13.htm 11.23.02.13. 13 Refusing, Suspending, or Revoking a School Certification.. A. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after a hearing, suspend, revoke, or refuse to renew the certification of a school, or refuse to issue, after notice and hearing, a certification of a school, if the Administration finds the school has failed to comply with any of the requirements pertaining to the program or school certification as:
11.23.02.14.htm 11.23.02.14. 14 Criminal Background Check.. A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for an instructor certification or renewal of an instructor certification shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.B. The applicant shall:. 1) Be fingerprinted at an
11.23.02.15.htm 11.23.02.15. 15 Instructor Certification.. A. Certification by the Administration is required to teach any part of the driver education program.B. A certified instructor may not teach the program courses unless the instructor is employed by a school certified by the Administration.C. Classroom and behind-the-wheel instruction shall be taught by a certified instructor authorized to give the instruction provided.D. An instructor certification may not be transferred, sold, or assigned..
11.23.02.16.htm 11.23.02.16. 16 Qualifications for Instructor Certification.. A. To qualify for certification as an instructor, an applicant shall be licensed under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, as an instructor and be in compliance with all the laws, regulations, rules, and policies pertaining to that license.B. An applicant requesting certification as an instructor:. 1) Shall be 21 years old or older;.
11.23.02.17.htm 11.23.02.17. 17 Applying for Instructor Certification.. A. The school where the applicant for instructor certification is employed shall ensure that:. 1) The applicant meets the qualifications for instructor certification; and. 2) The application for instructor certification is complete and contains all the required documents and information.B. The application for instructor certification shall be submitted to the Administration accompanied by:1) Documentation signed by the certified school th
11.23.02.18.htm 11.23.02.18. 18 Certified Instructor Requirements.. A. An instructor certification and instructor certification badge may not be transferred, sold, or assigned.B. An instructor certification badge, issued by the Administration, shall be worn by the certified instructor in full view and at all times when functioning in the capacity of an instructor.C. A certified instructor shall:. 1) Use the program curriculum approved by the Administration; and. 2) Teach the program curr
11.23.02.19.htm 11.23.02.19. 19 Renewing an Instructor Certification.. A. An instructor certification issued under this chapter is valid for 2 years from the date of issuance.B. An instructor certification shall automatically expire 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.C. An applicant for renewal of an instructor certification shall submit a renewal application on a form required by the Administration with documentat
11.23.02.20.htm 11.23.02.20. 20 Replacing an Instructor Certification Badge.. A. The Administration may issue a duplicate instructor certification badge to replace one that has been lost, stolen, mutilated, or destroyed.B. To obtain a duplicate instructor certification badge, the instructor shall:. 1) Submit an application on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and
11.23.02.21.htm 11.23.02.21. 21 Refusing, Suspending, or Revoking an Instructor Certification.. A. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew an instructor certification or, after notice and opportunity for hearing, issue an initial instructor certification if the Administration finds that the applicant or instructor has failed to comply with any of the requirements pertaining to the
11.23.02.22.htm 11.23.02.22. 22 Apprentice Instructor Permit.. A. The Administration may issue an apprentice instructor permit authorizing a qualified applicant to give instruction in the driver education program courses under the supervision of a certified driver education instructor.B. The apprentice instructor permit is valid for 6 months and may not be extended or renewed.. C. An apprentice instructor permit shall:. 1) Only be issued once to the same individual;.
11.23.02.23.htm 11.23.02.23. 23 Qualifications for Apprentice Instructor.. A. An applicant qualifying for approval as an apprentice instructor shall:. 1) With the exception of §A and B(10) of this regulation, meet all the qualifications for instructor certification as set forth in Regulation .16 of this chapter; and2) Have successfully passed the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration.B. Pending the receipt of
11.23.02.24.htm 11.23.02.24. 24 Apprentice Instructor Permit Requirements.. A. An apprentice instructor permit may not be transferred, sold, or assigned.. B. An apprentice instructor shall continuously follow all the requirements set forth for a certified instructor under Regulation .18 of this chapter.C. The certified school shall:. 1) Ensure an apprentice instructor is supervised by a certified instructor experienced in teaching the driver education program courses with:
11.23.02.25.htm 11.23.02.25. 25 Replacing an Apprentice Instructor Badge.. A. The Administration may issue a duplicate apprentice instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.B. To obtain a duplicate apprentice instructor badge, the apprentice instructor shall:. 1) Submit an application on a form required by the Administration, which should include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and
11.23.02.26.htm 11.23.02.26. 26 Cancelling an Apprentice Instructor Permit.. A. An apprentice instructor permit shall be cancelled:. 1) If the applicant's criminal history record fails to contain satisfactory data;. 2) At the expiration of the 6 month approval period; or. 3) If the apprentice instructor is no longer employed by the certified school.. B. Approval of an apprentice instructor permit may be revoked or suspended after notice and hearing, if the certified school or the apprentice instruc
11.23.02.27.htm 11.23.02.27. 27 Testing for Apprentice Instructor Permit and Instructor Certification.. A. An individual shall successfully pass the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration to qualify for an apprentice instructor permit.B. To qualify for an apprentice instructor permit an applicant shall:. 1) Pass the knowledge test before attempting the basic skills evaluation;. 2) Pass both the knowledg
11.23.02.28.htm 11.23.02.28. 28 Course Requirements for Apprentice Instructor Permit and Instructor Certification.. A. An individual shall successfully complete the following Administration approved courses to qualify for an apprentice instructor permit and instructor certification.B. To qualify for an apprentice instructor permit, an individual shall complete the following Administration approved instructor certification courses conducted by the employing certified school:
11.23.02.29.htm 11.23.02.29. 29 Requirements for Instructor Trainers.. A. An instructor trainer is an individual approved by the Administration to conduct the approved instructor certification courses.B. An individual shall be approved by the Administration as an instructor trainer before teaching the advanced level instructor certification courses.C. The Administration shall establish the criteria for the approval of an instructor trainer, including, but not limited to, the requirement that all
11.23.02.30.htm 11.23.02.30. 30 Professional Development Courses.. A. The Administration shall approve all courses required for professional development of instructors required under Regulations .18 and .19 of this chapter.B. The Administration may, as needed, conduct the professional development courses.. C. An organization requesting approval of professional development courses shall submit course information to the Administration for approval at least 4 weeks before the planned advertisement date or
11.23.02.31.htm 11.23.02.31. 31 Classroom Requirements.. A. Classroom instruction shall be conducted in a room inspected and approved by the Administration before a school may use the room to conduct the program.B. A classroom in an educational institution regulated by the Maryland State Department of Education or the Maryland Higher Education Commission is exempt from the inspection requirement in §A of this regulation.C. All classrooms shall include student desks or tables and chairs. The des
11.23.02.32.htm 11.23.02.32. 32 Classroom Operation Requirements.. A. Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 30 hours of classroom instruction.B. The classroom instruction of the driver education course curriculum shall be taught by:. 1) A certified instructor; or. 2) An apprentice instructor under the supervision of an experienced certified instructor.. C. A certified school shall conduct the classroom instruction of the driver
11.23.02.33.htm 11.23.02.33. 33 Training Vehicle Requirements.. A. Except as otherwise provided in §B and C of this regulation or with prior approval by the Administration, all driver education training vehicles shall be titled and registered in the name of the certified school.B. A certified school may use a vehicle obtained from a manufacturer-sponsored driver education loan program as a training vehicle if it meets the requirements of the driver's education loan program under Transportation Artic
11.23.02.34.htm 11.23.02.34. 34 Behind-the-Wheel Instruction Requirements.. A. Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 6 hours behind-the-wheel instruction.B. The behind-the-wheel instruction of the driver education program shall be taught by:. 1) A certified instructor; or. 2) An apprentice instructor under supervision of an experienced certified instructor.. C. A certified school shall conduct the behind-the-wheel instruction of the
11.23.02.35.htm 11.23.02.35. 35 Student Eligibility for Enrollment.. A. To be eligible to enroll in the program, an individual shall:. 1) Be seeking a noncommercial driver's license; and. 2) Prior to participating in the behind-the-wheel instruction of the program, obtain and present to the certified school a valid learner's permit.B. A certified school shall make accommodations for a student with special needs in compliance with all local, State, and federal nondiscrimination laws and regulations includ
11.23.02.36.htm 11.23.02.36. 36 Student Performance Criteria.. A. To successfully complete the program, a student shall:. 1) Attend and participate in all required classroom and behind-the-wheel instruction;. 2) Achieve a minimum passing score of 80 percent on the final knowledge examination; and. 3) Achieve a minimum passing score of 80 percent on the final behind-the-wheel evaluation.. B. A student may miss 12 hours or less of classroom instruction and continue the course. A student shall make up any instruct
11.23.02.37.htm 11.23.02.37. 37 Certification of Program Completion.. A. A certified school shall submit a program completion certification to the Administration, in a format established by the Administration, for each student who successfully completes the program.B. Effective January 1, 2009, a certified school:. 1) Shall submit a program completion certification electronically to the Administration in the format established by the Administration within 1 business day of the student's
11.23.02.38.htm 11.23.02.38. 38 Program Transfer and Reciprocity.. A. A certified school shall provide to the student documentary evidence of any instruction of the program successfully completed, with the following documentation:1) A Classroom Student Record and Completion Form DE-003A, signed by an authorized school official for documentation of classroom instruction completed; and2) A Behind-the-Wheel Student Record and Completion Form DE-003B, signed by an authorized school official for documentation o
11.23.02.39.htm 11.23.02.39. 39 Program Evaluation.. A. The Administration may conduct unannounced visits during the school's posted business hours to observe instructors and audits of certified schools to evaluate the school's compliance with the laws, regulations, standards, and the quality of instruction.B. The Administration may develop one or more research models to evaluate the effectiveness of the program under the provisions of Transportation Article, §16-505, Annotated CC. The Administration may
11.23.02.9999.htm 11.23.02.9999. Administrative History Effective date: November 21, 2008 (35:23 Md. R. 2013). Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98) amended permanently effective February 23, 2009 (36:4 Md. R. 354)Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98) amended permanently effective February 23, 2009 (36:4 Md. R. 354)Regulation .09A amended as an emergency provision effective December 11, 20
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