Current through Vol. 24-16, September 15, 2024
Rule 14.
(1) Unless
the superintendent of public instruction suspended or revoked an individual's
preliminary school social worker certificate or professional school social
worker certificate based on conviction of a listed offense, the individual may
file with the department a request for reinstatement of the preliminary school
social worker certificate or professional school social worker certificate that
was suspended or revoked under these rules.
(2) If the superintendent of public
instruction suspended or revoked the preliminary school social worker
certificate or professional school social worker certificate under R
340.1010(a), all of the following apply:
(a)
The individual shall provide to the department documentation and other
information that demonstrates that the individual is currently fit to serve in
an elementary or secondary school in this state and that reinstatement of the
individual's preliminary school social worker certificate or professional
school social worker certificate will not adversely affect the health, safety,
and welfare of pupils.
(b) If the
superintendent of public instruction suspended the preliminary school social
worker certificate or professional school social worker certificate pursuant to
an agreement between the department and the individual, the individual shall
provide to the department documentation and other information that establishes
satisfaction of the conditions set forth in the agreement.
(c) Not more than 30 calendar days after
receipt of the request for reinstatement, the department shall notify the
individual in writing of all of the following:
(i) The individual has the right to a
hearing.
(ii) If the individual
does not request a hearing within 30 calendar days after receipt of notice of
the right to a hearing, the superintendent of public instruction shall dismiss
the request for reinstatement of the preliminary school social worker
certificate or professional school social worker certificate.
(iii) If the individual requests a hearing
within 30 calendar days after receipt of the notice, there must be an informal
conference on the request for reinstatement.
(d) Not later than 30 calendar days after
receipt of the notice, the individual shall request a hearing. If the
individual does not timely request a hearing, the superintendent of public
instruction shall dismiss the request for reinstatement of the preliminary
school social worker certificate or professional school social worker
certificate.
(e) If the individual
timely requests a hearing, the department shall immediately notify the
individual of the date and time of an informal conference on the request for
reinstatement. Unless otherwise agreed, the informal conference is a telephone
conference with an authorized representative of the department.
(f) After the informal conference and
consideration of the documentation and other information presented, the
department shall recommend that the superintendent of public instruction
reinstate or deny reinstatement of the preliminary school social worker
certificate or professional school social worker certificate. Based on
consideration of the recommendation and the documentation and other information
presented, the superintendent of public instruction shall reinstate or deny
reinstatement of the preliminary school social worker certificate or
professional school social worker certificate. The superintendent of public
instruction shall not reinstate the preliminary school social worker
certificate or professional school social worker certificate unless the
superintendent of public instruction finds that the individual is currently fit
to serve in an elementary or secondary school in this state and that
reinstatement will not adversely affect the health, safety, and welfare of
pupils.
(g) If the superintendent
of public instruction does not reinstate the preliminary school social worker
certificate or professional school social worker certificate under subdivision
(f) of this subrule, the department shall refer the request to the Michigan
office of administrative hearings and rules for hearing.
(3) If the superintendent of public
instruction suspended or revoked the preliminary school social worker
certificate or professional school social worker certificate under R
340.1010(b), not more than 30 calendar days after receipt of a request for a
hearing on reinstatement, the department shall refer the request to the
Michigan office of administrative hearings and rules under section 1539b(5) of
the act, MCL
380.1539b.
