Missouri Code of State Regulations
Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 20 - Division of Learning Services
Chapter 400 - Office of Educator Quality
Section 5 CSR 20-400.230 - Discipline of Certificates of License to Teach
Universal Citation: 5 MO Code of State Regs 20-400.230
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The board is amending this rule to update the procedures for hearings regarding the discipline of certificates of license to teach.
PURPOSE: The State Board of Education (board) is authorized to grant certificates of license to teach in any of the public schools of the state, establish requirements and qualifications for those certificates, and cause those certificates to be disciplined in a manner provided in state law. This rule establishes procedures for action by the board.
(1) The board may discipline a certificate for license to teach for any one (1) or combination of the causes set forth in section 168.071.1, RSMo.
(2) Upon receipt of documentation from a court of a finding of guilt, whether or not a sentence is imposed, or a conviction for the offenses outlined in section 168.071, RSMo, regardless of expungement, an individual's certificate(s) of license to teach may be disciplined.
(3) Complaints and Appeals.
(A) A local board of
education or the Department of Elementary and Secondary Education (department)
may file a complaint with the board against a certificate holder pursuant to
section 168.071.2 and .3,
RSMo.
(B) Certificate holders whose
certificates have been revoked pursuant to section
168.071.6, RSMo, may appeal
their revocation by filing a notice of appeal with the commissioner of the
department within ninety (90) days of the notice of revocation.
(C) All complaints and appeals must-
1. Be in writing;
2. Include:
A. The full name, address, email address, and
telephone number of the person or agency bringing the action (petitioner), and
any attorney representing the petitioner;
B. The full name, address(es), email
address(es), and telephone number(s) of the certificate holder (if
known);
C. Suitable space in the
caption for the board to affix a case number;
D. A written description of the specific
conduct for which discipline is sought and a citation to the law and rules
allegedly violated, or in the case of an appeal, the specific grounds for the
appeal; and
E. As far as practical,
facts in numbered paragraphs stating the relief sought and the reason for
granting it; however, the failure to include facts in numbered paragraphs shall
not be reason for involuntary dismissal of a complaint or appeal;
3. Be signed by petitioner or
petitioner's legal counsel; and
4.
Be mailed to DESE Counsel, Department of Elementary and Secondary Education, PO
Box 480, Jefferson City, MO 65102-0680 or emailed to
Counsel@dese.mo.gov.
(4) When a local board of education learns of a criminal finding of guilt of a certificate holder and provides the written notice required in section 168.071.7, RSMo, that notice to the Missouri Attorney General and the board shall contain the following information, if known:
(A) The certificate
holder's name;
(B) Educator
identification number;
(C) Social
Security number;
(D) Date of
birth;
(E) Information known
regarding the criminal record; and
(F) All known contact information, including
address(es), email address(es), and telephone number(s).
(5) Hearing Officers.
(A) A hearing officer appointed by the
Commissioner of Education shall hear cases regarding charges filed to
discipline a certificate(s) of license to teach and on appeals of certificates
revoked pursuant to section
168.071.6, RSMo. The hearing
officer shall conduct all hearings in accordance with section
168.071,
RSMo, and Chapter 536, RSMo. The hearing officer will cause the full record,
including all evidence along with proposed findings of fact and conclusions of
law, and recommended decision to be provided to members of the board. The board
shall render a decision in accordance with section
536.080.2, RSMo. The board's
decision will be considered final for the purposes of judicial review under
536.100-536.140, RSMo.
(6) Mandatory Revocation.
(A) In the event a certificate holder has
been found guilty of any of the offenses as described in section
168.071.6(1)-(4),
RSMo, his or her certification shall be revoked, whether or not sentence is
imposed.
(B) The department will
notify certificate holders who are subject to mandatory revocation by certified
mail, by personal delivery, or by email. The department will:
1. Include a copy of the court record showing
the offense that is the basis of the revocation in its revocation notice to the
certificate holder;
2. Inform the
certificate holder that mandatory revocation will be effective thirty (30) days
from the date of the notice of revocation in its revocation notice to the
certificate holder;
3. Inform the
certificate holder that they may submit written documentation, including a
written statement, to the department within fifteen (15) days of the date of
the notice of revocation, which challenges whether the certificate holder is
the person found guilty of the qualifying offense, and/or whether the offense
for which the certificate holder was found guilty is an offense described in
section 168.071.6, RSMo, in its
revocation notice to the certificate holder. The certificate holder shall file
such documentation with the department by mail addressed to DESE Counsel,
Department of Elementary and Secondary Education, PO Box 480, Jefferson City,
MO 65102-0480 or to Counsel@dese.mo.gov. The department will send its decision
by certified mail to the certificate holder prior to the effective date of the
revocation.
4. Inform the
certificate holder that they may request an in-person hearing to appeal the
revocation within ninety (90) days of the effective date of the revocation. The
notice shall advise certificate holders that the request for hearing must be
filed by mailing the request to DESE Counsel, Department of Elementary and
Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 or to
Counsel@dese.mo.gov in its revocation notice to the certificate holder. The
appeal must contain all of the information outlined in subsection
(3)(C).
(C) Motions.
1. Either party may file a motion to request
a delay of the hearing, if the party shows good cause, which may include
pending criminal charge(s) as referenced in section
168.071.4, RSMo. The hearing
officer has discretion to continue the hearing date upon notice to the
parties.
2. Either party may file a
motion for a protective order to close records or the hearing. The motion shall
include a description of what information the party will be presenting that the
party believes should be closed. The motion shall cite to the legal authority
under which the board may close the record or hearing or provide a showing that
the closure is in the best interest of a child. A party should file this motion
at least twenty-four (24) hours before the start of the hearing; however, a
party may make an oral motion at the hearing.
3. Either party may file a motion to hold a
hearing by videoconference. A party should file this motion at least ten (10)
business days before the start of the hearing.
4. Either party may file a motion for a
witness to appear by telephone or video conference. A party should file this
motion at least three (3) business days before the start of the
hearing.
5. The hearing officer
will entertain other motions as necessary.
(D) Videoconference Hearings.
1. The hearing officer may hold hearings via
a videoconference platform. The hearing officer will contact the parties if the
hearing is to be held in this manner.
(E) Burden of Proof.
1. The party bringing the action shall have
the burden of proof and will present evidence first.
(F) Exhibits.
1. The parties are required to send exhibits
to the hearing officer and the opposing parties at least five (5) business days
in advance of the hearing. If the hearing is to be held via videoconference,
each party is responsible for providing all exhibits to all parties of record
and the hearing officer electronically.
(G) Certificate Holder.
1. The certificate holder shall-
A. Have a reasonable opportunity to defend
him or herself at the hearing and have the right to testify in his or her own
behalf; and
B. Have the right to a
public hearing, unless one (1) party files a motion for protective order as
outlined in paragraph (6)(C)2., above.
(7) Hearings.
(A) Notice.
1. The board shall serve upon all parties the
initial notice of the place, date, and time upon which it will hold the hearing
on a complaint or on a certificate holder's appeal. The board will send the
notice by certified mail, by personal delivery, or by email.
2. The board shall provide at least thirty
(30) days notice to the parties that it will hold a hearing on the matters
raised in the complaint or appeal.
3. The notice shall advise the parties to
file all pleadings, motions, and other documents by mailing them to DESE
Counsel, Department of Elementary and Secondary Education, PO Box 480,
Jefferson City, MO 65102-0480 or to Counsel@dese.mo.gov.
(B) Amended Complaints.
1. Petitioner may amend the complaint without
the hearing officer's leave five (5) business days before the hearing. Within
five (5) business days of the hearing, petitioner shall amend the complaint
only if leave is requested and granted by the hearing officer. A copy of the
amended complaint shall be attached to the motion for leave.
(C) Motions.
1. Either party may file a motion to request
a delay of the hearing, if the party shows good cause, which may include
pending criminal charge(s) as referenced in section
168.071.4, RSMo. The hearing
officer has discretion to continue the hearing date upon notice to the parties.
2. Either party may file a motion
for a protective order to close records or the hearing. The motion shall
include a description of what information the party will be presenting that the
party believes should be closed. The motion shall cite to the legal authority
under which the board may close the record or hearing or provide a showing that
the closure is in the best interest of a child. A party should file this motion
at least twenty-four (24) hours before the start of the hearing; however, a
party may make an oral motion at the hearing.
3. Either party may file a motion to hold a
hearing by videoconference. A party should file this motion at least ten (10)
business days before the start of the hearing.
4. Either party may file a motion for a
witness to appear by telephone or video conference. A party should file this
motion at least three (3) business days before the start of the hearing.
5. The hearing officer will
entertain other motions as necessary.
(D) Videoconference Hearings.
1. The hearing officer may hold hearings via
a videoconference platform. The hearing officer will contact the parties if the
hearing is to be held in this manner.
(E) Burden of Proof.
1. The party bringing the action shall have
the burden of proof and will present evidence first.
(F) Exhibits.
1. The parties are required to send exhibits
to the hearing officer and the opposing parties at least five (5) business days
in advance of the hearing. If the hearing is to be held via videoconference,
each party is responsible for providing all exhibits to all parties of record
and the hearing officer electronically.
(G) Certificate Holder.
1. The certificate holder shall-
A. Have a reasonable opportunity to defend
him or herself at the hearing and have the right to testify in his or her own
behalf; and
B. Have the right to a
public hearing, unless one (1) party files a motion for protective order as
outlined in paragraph (6)(C)2., above.
(8) Settlements and Surrenders.
(A) Settlements.
1. The board may informally dispose of a case
through an agreed settlement.
(B) Voluntary Surrenders.
1. The board may accept a certificate
holder's voluntary surrender if the certificate holder is found guilty of a
crime involving moral turpitude or a felony or in any other circumstances
approved by the board.
*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2002; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002; and 168.081, RSMo 1963, amended 1984, 2002.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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