(1) Notwithstanding any other law to the contrary, no private school, as defined in § 49-6-3001, or church related school, as defined in § 49-50-801(a), shall employ or permit a person to drive a school bus in this state who, within five (5) years of the person's application to be employed or serve as a school bus driver, has been convicted in this state, or in any other jurisdiction pursuant to a law prohibiting the same conduct, of a violation of any of the following: Driving under the influence of an intoxicant as prohibited by § 55-10-401;
(2) Vehicular assault as prohibited by § 39-13-106;
(3) Vehicular homicide as prohibited by § 39-13-213(a)(2);
(4) Aggravated vehicular homicide as prohibited by § 39-13-218;
(5) Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or
(6) Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454.
(7) It shall be the responsibility of the private school or church related school to determine whether any person employed by the school to drive a school bus is in compliance with this section.