cancelled.2 Second, you ask if the Department of Public Instruction (the "Department") is informed that a CDL licensee with a school bus endorsement commits a very serious felony prior to endorsement, whether there is any other Delaware law besides 21 Del. C. § 2708 to deny licensure.3
2 The example you cite in your opinion request is as follows:
To wit: A currently employed school bus driver with school bus driver license endorsement (endorsement: S) commits a crime. Under current statute 21 Del. C. § 2708, to qualify for S endorsement the driver must never have been convicted of a crime against a child, and must not have been convicted of any other felony in the last five years. If the drive commits one of the above crimes after endorsement, may his endorsement be removed as disqualification? We are to protect the welfare of our pupils but may not have the authority to do anything about it.
3 The example you cite in question number 2 is as follows:
To wit: Recently, we received an application from a person who had been convicted of first degree murder and spent 15 years in prison. Immediately after his release he applied to become a school bus driver. He had not been convicted in the last five years of a felony primarily because he was incarcerated. Had he not had a prior conviction of simple possession of marijuana, we may have had to endorse him.
We also rejected a driver who had been convicted of first degree rape four years ago. Should we accept him in one year?