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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 student completion records available for inspection upon request by the Administration during the school's posted business hours;

(6) 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;

(7) 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;

(8) 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;

(9) Effective January 1, 2009:

(a) Transmit student program completion information electronically to the Administration within 1 business day of the student's completion of the program; and

(b) 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;

(10) Schedule additional or remedial sessions for students who need additional instruction;

(11) 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;

(12) 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:

(a) Training vehicles; and

(b) Newly employed or terminated instructors;

(13) 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

(14) Provide a prorated refund to a student who withdraws or transfers from the school.

B. A certified school shall at all times maintain:

(1) An approved business office located in Maryland;

(2) Workers' Compensation insurance continuously in force for all school employees;

(3) General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program;

(4) A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and

(5) A payment or assistance policy that will permit students with verifiable financial hardships to participate in the program courses.

C. A certified school shall ensure that:

(1) All courses are taught in English unless authorization has been granted in writing by the Administration to teach in another language;

(2) Each class is conducted in only one language other than sign language, which may be used simultaneously or singularly;

(3) 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;

(4) Only tests included in the approved program course curriculum are administered;

(5) Only certified instructors conduct the testing, evaluation, and teaching of students in classroom and behind-the-wheel instruction;

(6) Only authorized school employees correct and grade tests;

(7) Only instructors review the test results with a student; and

(8) The classroom and behind-the-wheel instruction is completed within 18 weeks unless a student requests an extension.

D. A certified school may not:

(1) Publish, advertise, or otherwise suggest or imply that a driver's license is guaranteed or assured after completing the school's instruction;

(2) Use any publication or advertisement that is false, deceptive, or misleading;

(3) Endanger an employee, a student, or instructor; or

(4) Subcontract to another organization or individual to conduct any portion of the program, without prior approval from the Administration.

E. 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:

(1) Classroom and testing locations, dates, and times;

(2) The certified school's established policy for:

(a) Course cancellations and postponements, that conform with §A(13) of this regulation;

(b) Course fees, payment methods, refund policy, and retest fees;

(c) Fees for remedial and additional instruction;

(d) Make-up policies; and

(e) How and when the behind-the-wheel instruction is scheduled;

(3) Payment or assistance policy that permit students with verified financial hardships to participate in the program courses;

(4) That the student driving record kept by the Administration will be updated within 3 business days after the student completes the program;

(5) 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

(6) 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.

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