Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Cause.
The board may revoke or suspend the license of a
superintendent, principal, or director for any of the following causes:
A. immoral character or conduct;
B. a breach of contract of employment without
justifiable cause;
C. overall gross
inefficiency or willful neglect of duty;
D. fraud or misrepresentation in obtaining a
license;
E. felony conviction which
directly relates to the occupation for which licensure is held; or
F. violation of the code of ethics for school
administrators under part
3512.5200.
Subp. 2.
Procedure for suspension and
revocation of licenses.
The board may suspend or revoke the a persons license the
procedures in this subpart are followed.
A. A student, a parent, a community member,
or the school board employing the licensee must file a written complaint with
the board specifying the nature and character of the charges against the
licensee.
B. The board must notify
the licensee of the allegations in the complain and give the licensee an
opportunity to respond to the allegations.
C. Before suspending or revoking a license,
the board must give the licensee notice of a right to a contested case hearing
under Minnesota Statutes, chapter 14, following the process in part
3512.1600. A licensee must request
a contested case hearing within 30 days of service of the ethics committee's
notice of recommendation to suspend or revoke the license. If a licensee fails
to timely request a contested case hearing, the board's decision to suspend or
revoke the license shall be final.
Subp. 3.
Revocation.
Revocation includes the cancellation or repeal of a license
or renewal privilege. Revocation disqualifies a person from performing any
function permitted by holding a license issued under the board rules.
Revocation is final, except that a person whose license revoked may petition
the board for licensure under subpart
6.
Subp. 4.
Suspension.
Suspension includes the temporary withdrawal of a license or
renewal privilege. Suspension disqualifies a person from performing any
function permitted by holding a license issued under the board rules. The board
must determine the length of each suspension and attach any terms and
conditions to the suspension after considering:
A. the activity of the individual that led to
the license suspension;
B. any
relevant mitigating factors that provided by the individual;
C. the prior administrative, supervisory, or
teaching record of the individual; and
D. other similar factors.
Subp. 5.
Applicability.
Unless otherwise provided by the board, a revocation or
suspension applies to each license or renewal privilege held by the individual
at the time the board takes final action. The board must not issue any other
license to a person whose license or renewal privilege is suspended or revoked
during the pendency of the suspension or revocation.
Subp. 6.
Issuance of license after
revocation.
A person whose license or renewal privilege was revoked by
the board may apply for and may be issued an initial license after presenting
reliable evidence that the person fulfilled all the terms and conditions that
the board imposed, and upon meeting current licensure standards.
Subp. 7.
Issuance or
reinstatement of license after suspension.
A person whose license or renewal privilege was suspended by
the board may apply to the board to have the license reinstated under this
subpart.
A. If the persons suspended
license was an initial license that has lapsed during the suspension, the board
must reinstate that license if the person:
(1) properly applies to the board after the
suspension expires;
(2) presents
reliable evidence that the person met all terms and conditions that the board
imposed; and
(3) had less than one
year of administrative or supervisory experience while holding the initial
license.
If the person gained a year or more of experience on the
initial license before the suspension and the license has lapsed during the
suspension, the board must issue a five-year continuing license after the
person meets all other conditions stated in this part.
B. If the persons suspended
license is an initial license that has not lapsed during the suspension, the
person may resume administrative or supervisory functions for whatever period
of time remains on that initial license after the suspension expires, provided
that the person presents reliable evidence to the board that the person met all
terms and conditions the board imposed as prerequisites for
reinstatement.
C. If the suspended
license is a continuing license that has not lapsed during the suspension, the
person may resume administrative or supervisory functions for whatever period
of time remains on the continuing license after the suspension expires,
provided that after the person presents reliable evidence to the board that the
person met all terms and conditions the board imposed as prerequisites for
reinstatement.
D. If the suspended
license is a continuing license that lapsed during the suspension, the person
may apply for another continuing license. The board must issue the person a
continuing license if:
(1) the suspension
basis expired;
(2) the person
presents reliable evidence that the person met all terms and conditions the
board imposed; and
(3) the person
completed the current continuing education requirements.
E. If the suspended license was a life
license, the person may resume administrative or supervisory functions after
the suspension expires and after presenting reliable evidence to the board that
the person met all terms and conditions imposed by the board.
Statutory Authority: MS s 125.05; L 1993 c
224 art 12 s 34;
L
1996 c 412 art 9
s
14;
L
2006 c 263 art 2
s
20
