Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The State Board of Education is authorized
to grant educator certification in any of the public schools of the state and
to establish requirements and qualifications for those certificates. This rule
establishes procedures for review of applications of individuals convicted of a
felony or crime involving moral turpitude, whether or not sentence is imposed;
applicants whose certificate of license to teach has been revoked in Missouri
or in another jurisdiction; and applicants seeking to appeal a denial of a
certificate of license to teach by the Office of Educator
Quality.
(1) Any application
for a certificate of license to teach (certificate) for an individual who has
pleaded to or has been found guilty of a felony or crime involving moral
turpitude, whether or not sentence is imposed, including candidates for a
Missouri educator certificate who are currently enrolled in professional
education courses in conjunction with state-approved teacher preparation
programs, shall be reviewed by the Office of Educator Quality within the
Department of Elementary and Secondary Education (department) and
recommendations made to the State Board of Education (board).
(A) If requested, applicants shall provide
the following:
1. Information relating to
being found guilty, a plea of guilty which includes an Alford plea, receipt of
a suspended imposition of sentence, receipt of a suspended execution of
sentence, or entering a plea of nolo contendere for any
violation of any laws of a state, the United States, or any other country,
other than a traffic violation; including information about the date of the
court action, the applicant's age at the time of the underlying offense, the
facts of the crime, and whether the conduct that was the basis for the
conviction was in the scope of the applicant's duties while employed by a
public or private school or school district; and
2. A statement or other related documentation
as to rehabilitative steps completed by the applicant relating to applicant's
criminal conduct.
(B)
The Office of Educator Quality shall review all applications.
1. A complete application shall include:
A. Information regarding teaching
certificates or similar titles and/or other professional licenses or similar
titles held, including, but not limited to, disciplinary actions, denials,
restrictions, revocations, voluntary surrenders, suspensions, reprimands,
and/or investigations;
B. A consent
authorizing the department, as it deems necessary or appropriate, to make
contact with, interview, consult, obtain documentation and verification from
other persons and sources within or without Missouri with respect to the
applicant and the applicant's request for certification;
C. Transcripts and other evidence necessary
to show compliance with all the requirements for certification that are in
effect at the time application for certification or recertification is
made;
D. Other information
including recent employment and references requested by the department that may
be deemed relevant to the request for recertification;
E. A completed background check processed by
the Missouri State Highway Patrol (MSHP) and/or the Federal Bureau of
Investigation (FBI);
F. Information
relating to any criminal history including being found guilty, a plea of
guilty, receipt of a suspended imposition of sentence, receipt of a suspended
execution of sentence, or entering a plea of nolo contendere
for any violation of any laws of a state, the United States, or any other
country, other than a traffic violation; including information about the date
of the court action, the applicant's age at the time of the underlying offense,
the facts of the crime, and whether the conduct that was the basis for the
conviction was in the scope of the applicant's duties while employed by a
public or private school or school district; and
G. A statement as to rehabilitative steps
completed by the applicant relating to applicant's criminal conduct.
2. The Office of Educator Quality
may issue a certificate based on standards adopted by the board; or
3. The Office of Educator Quality may deny an
application. If the application is denied, the applicant may appeal to the
commissioner; or
4. Applicants who
have been convicted of a felony or crime involving moral turpitude, whether or
not sentence is imposed, who have neither been denied nor issued a certificate
by the Office of Educator Quality, shall be placed on the agenda of the board
as soon as reasonably possible after submitting a complete application. The
applicant will be notified of the date, time, and place of the board meeting.
Consideration by the board will consist of a review of the application and
additional documents. The applicant will not have the opportunity to present
additional evidence or testify. The applicant will be notified in writing of
the decision of the board. Certification may only be issued upon motion of the
board adopted by an unanimous affirmative vote of those members present and
voting.
(2)
Any application for an educator certificate submitted by an individual who has
been subject to previous disciplinary action by the board or by a licensing
authority in another state or political jurisdiction shall only be granted by
affirmative vote of the board.
(A) An
application must be complete to go to the board. A completed application shall
include:
1. Information regarding teaching
certificates or similar titles and/or other professional licenses or similar
titles held, including but not limited to, disciplinary actions, denials,
restrictions, revocations, voluntary surrenders, suspensions, reprimands,
and/or investigations;
2. A consent
authorizing the department, as it deems necessary or appropriate, to make
contact with, interview, consult, obtain documentation and verification from
other persons and sources within or without Missouri with respect to the
applicant, and the applicant's request for certification;
3. Transcripts and other evidence necessary
to show compliance with all the requirements for certification that are in
effect at the time application for certification or recertification is
made;
4. Other information
including recent employment and references requested by the department that may
be deemed relevant to the request for certification or recertification;
and
5. A completed background check
processed by the MSHP and/or the FBI.
(B) The completed application shall be placed
on the agenda of the board as soon as reasonably possible. The applicant will
be notified of the date, time, and place of the board meeting. Consideration by
the board will consist of a record review of the application and related
documents. The applicant will not have the opportunity to present additional
evidence or testify. The applicant will be notified in writing of the decision
of the board.
(3)
Applicants who are denied by the Office of Educator Quality will be advised in
writing of the reason(s) why certification is denied and at the same time will
receive notice of the process for appeal.
(A)
The applicant, within thirty (30) days of receipt of written notice of denial,
may request the commissioner of education to review the decision of the Office
of Educator Quality. The applicant shall provide all docu- mentation to be
considered by the commis- sioner of education or a designee in reviewing the
application.
(B) The commissioner
of education will notify the applicant in writing of the decision.
(C) If the commissioner of education
approves the decision of the Office of Educator Quality in denying
certification, the applicant, within thirty (30) days from the date the com-
missioner sends written notice of the decision, may file a written notice of
appeal with the board by addressing the notice to the secretary of the State
Board of Education, PO Box 480, Jefferson City, MO 65102-0480. In addition to
stating the applicant's desire to appeal the denial of certification, the
notice shall include a statement of each reason the applicant relies upon to
demonstrate support for the reversal of denial.
(D) The applicant's appeal shall be placed on the agenda of the
board as soon as reason- ably possible. The applicant will be notified of the
date, time, and place of the board meeting.
(E) The appeal will consist of a record review of the application,
related materials reviewed by the commissioner of education, and the
applicant's additional statements. The applicant will not have the opportunity
to pre- sent additional evidence or testify. The appli- cant will be notified
in writing of the decision of the board.
(4) Applications denied by the board are
subject to judicial review by the circuit court.
*Original authority: 161.092, RSMo 1963, amended 1973,
2002, 2003; 168.011, RSMo 1963, amended 1984; and 168.021, RSMo 1963, amended
1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009,
2011.
