2.2 Driver Education School Certification and Operating Rules

Certification Is a Separate Authorization

COMAR 11.23.02.04A-B: "A school certification issued by the Administration authorizes a school to offer the driver education program," and "a school shall receive certification from the Administration before offering the driver education program."

§C lists the five categories the MVA may certify:

1. Licensed drivers' schools;
2. Public and private school systems;
3. Community colleges;
4. Colleges and universities; and
5. Organizations that provide instruction for students with special needs.

§D applies the same anti-transfer rule as the school license, including the stock-transfer definition of assignment.

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Qualifying for Certification (COMAR 11.23.02.05)

An applicant for initial school certification:

• Shall be 21 years old or older;
• Shall be licensed as a drivers' school under Transportation Article, Title 15, Subtitle 7 and in compliance with all law governing that license;
• May not have pending charges or convictions for fraud, a crime of moral turpitude, a sex offense, contributing to the delinquency of a minor, or an offense within the last 5 years involving a controlled dangerous substance, alcohol or drugs while operating a motor vehicle, or a felony while operating a motor vehicle;
• May not have outstanding complaints or pending charges that would be grounds to refuse, suspend, or revoke certification under §16-506 or the school license under §15-109;
• Shall have a valid federal and State tax identification number;
• May not have unresolved past-due tax or financial obligations to Maryland; and
• Shall be in compliance with all State and local business licensing requirements.

Where the applicant is a partnership, corporation, or education institution, each individual responsible for the operation of the program must qualify (§B).

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The Certification Application (COMAR 11.23.02.06)

Beyond the office, insurance, and bond documentation, the certification application adds four items the drivers' school application does not:

1. A description of the course schedule for classroom and behind-the-wheel instruction;
2. The applicant's written policy detailing a proposed payment or assistance plan for students with verifiable financial hardships to participate in the program courses;
3. A list of the designated individuals to be authorized by the Administration to transmit program completion certification information to the MVA; and
4. A list of training vehicles with year, make, registration plate number, VIN, a certificate of inspection issued within the last 3 months by a Maryland authorized inspection station, and an insurance certificate.

§D: certification may only be issued if all requirements are met and the applicant has completed the orientation conducted by the Administration.

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Operating Requirements (COMAR 11.23.02.08)

What a certified school shall do (§A)

• Display the certification conspicuously in the business office;
• Use only MVA-approved training vehicles;
• Use only MVA-approved curricula, instructional materials, quizzes, tests, and forms;
• Conduct an Administration-approved parent orientation at the start of each driver education program course — this is a program-specific duty with no counterpart in COMAR 11.23.01;
• Make operation and student completion records available for MVA inspection during posted business hours;
• Comply with nondiscrimination requirements and with federal or State agency findings;
• Transmit student program completion information electronically within 1 business day of completion, and inform the student that the driving record will not be updated for at least 3 business days after completion;
• Schedule additional or remedial sessions for students who need more instruction;
• Comply with building, zoning, fire and safety codes including the posted occupancy certificate;
• Report changes in writing within 5 business days, including training vehicles and newly employed or terminated instructors;
• Provide not less than 8 hours notice to the student when cancelling or postponing more than 2 hours of scheduled behind-the-wheel or classroom instruction; and
• Provide a prorated refund to a student who withdraws or transfers.

Two different change-reporting clocks for schools

A licensed drivers' school reports changes within 30 days (11.23.01.07A(6)). A certified school reports changes within 5 business days (11.23.02.08A(12)). A school holding both credentials works to the shorter deadline.

What a certified school shall maintain (§B)

An approved Maryland business office; Workers' Compensation insurance for all school employees; general liability insurance; a §15-705 surety bond; and a payment or assistance policy that will permit students with verifiable financial hardships to participate.

What a certified school shall ensure (§C)

• All courses are taught in English unless the MVA has authorized another language in writing;
• Each class is conducted in only one language other than sign language, which may be used simultaneously or singularly;
• In courses taught in a spoken language other than English, each enrolled student can understand, speak, and read that language;
• Only tests included in the approved program course curriculum are administered;
• Only certified instructors conduct the testing, evaluation, and teaching of students in classroom and behind-the-wheel instruction;
• Only authorized school employees correct and grade tests;
• Only instructors review the test results with a student; and
• Classroom and behind-the-wheel instruction is completed within 18 weeks unless a student requests an extension.

What a certified school may not do (§D)

Publish, advertise, or otherwise suggest or imply that a driver's license is guaranteed or assured after completing the school's instruction; use any false, deceptive, or misleading publication or advertisement; endanger an employee, a student, or an instructor; or subcontract to another organization or individual to conduct any portion of the program without prior MVA approval.

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Staffing Rules (COMAR 11.23.02.10)

A certified school shall only employ instructors certified by the Administration to teach the program courses, and shall only use instructors who are employed by the certified school (§A). Newly employed or terminated instructors must be reported to the MVA in writing within 5 business days (§B). The Administration may monitor the driving records of all employed instructors and report changes to the school (§C).

§E bars a certified school from allowing a certified instructor to teach the program courses if the instructor fails to maintain a valid driver's license for the class of vehicle taught (with only the corrective-lens and §16-203 exceptions), has more than four active points, or fails to maintain satisfactory criminal-history data. The school, not just the instructor, is on the hook for the four-point ceiling.

Owner Integrity and the School Background Check

COMAR 11.23.02.07 applies a standing character requirement to people, not just to the entity: "A certified school owner and each individual responsible for the operation of the program may not have pending charges or criminal convictions for" fraud in the operation of providing instruction, a crime of moral turpitude, a sex offense, contributing to the delinquency of a minor, an offense involving a controlled dangerous substance, an offense involving alcohol or drugs while operating a motor vehicle, or a felony involving the use of a motor vehicle. Unlike the application-stage qualifications in .05, this is a continuing requirement with no lookback window — the bar attaches to a pending charge, not only to a conviction.

COMAR 11.23.02.14 is the certified-school counterpart to the instructor background check in COMAR 11.23.01.14: the criminal history record check runs through the CJIS Central Repository, the results are confidential and usable only for eligibility decisions, and an applicant may contest the record under Criminal Procedure Article, §10-223.

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Renewal and replacement

School certification renewal is governed by COMAR 11.23.02.11, and a lost or destroyed certificate is replaced under .12. As with every other credential in COMAR 11.23, the school must resolve pending charges and complaints while the current certification remains in force.