This page contains the text of a regulation adopted by the Missouri State Board of Education. An official copy of the full text of this regulation is contained in the Code of State Regulations, published by the Office of Secretary of State. |
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Title 5-DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION |
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5 CSR 80-800.300 Discipline and Denial of Certificates of License to Teach |
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PURPOSE: The State Board of Education 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 revoked, suspended, invalidated or deleted in a manner provided in state law. This rule establishes procedures for action by the State Board of Education (1) The State Board of Education (the board) may discipline, refuse to issue, or renew a certificate of license to teach for any one (1) or combination of the following: (A) An individual has pled guilty or been found guilty of a felony or crime involving moral turpitude whether or not sentence is imposed; (B) Certification was obtained through the use of fraud, deception, misrepresentation or bribery; (C) Evidence of the certificate holder’s incompetence, immorality, or neglect of duty; (D) The certificate holder has been subject to disciplinary action relating to certification in another state upon grounds for which discipline is authorized in Missouri; and/or (E) A certificate holder annulled a written contract with the local board of education for reasons other than election to the general assembly, without the consent of the majority of the local board members. (2) School districts may file charges pursuant to section (1). (A) Charges must be in writing and signed by the chief administrative officer of the district or by the president of the board when so authorized by a majority of the board in those instances where the charges are filed by or on behalf of the school district’s local board of education. (B) Charges filed by or on behalf of the school district’s local board of education must be sworn by the party(ies) making the accusation, and filed with the Department of Elementary and Secondary Education (DESE). (C) Charges may be filed by the attorney general’s office on behalf of the school district for any one or combination of the causes in section (1) except annulment of a written contract. (3) DESE may file charges for any one or combination of the causes in section (1), other than annulment of a written contract.
(A) Charges must be in writing and signed by legal counsel.
(4) Upon receipt of charges made pursuant to section 168.071, RSMo and filed with the DESE, DESE shall provide at least thirty (30) days notice to the parties and may conduct a hearing.
(5) Except as provided in sections (6) and (7), the commissioner of education, or his/her designee(s) (hearing officer), shall conduct all hearings on charges filed to discipline a certificate(s) of license to teach as provided in section 168.071, RSMo. A transcript of the hearing along with findings of fact and conclusions of law will be forwarded to the members of the board. The board, at a regular meeting, will render a decision based upon the transcript of the hearing, exhibits and any other information presented at the meeting. (A) Where the underlying conduct or action of the certificate holder is the basis of charges filed and such conduct or action is subject to pending criminal charges, the certificate holder may request in writing a delayed hearing on advice of his/her legal representation under the fifth amendment of the Constitution of the United States. 1. The request shall be submitted to the hearing officer, by the certificate holder or by legal counsel. 2. The request shall provide documentation of the pending criminal charge and contain a statement specifying what underlying conduct or actions are subject to the pending criminal charge. (B) The hearing officer shall, based upon the request, suspend the hearing process until a trial is completed on the criminal charges. (C) The hearing officer may accept into the hearing record sworn testimony of a minor child relating to misconduct received in any court or administrative hearing. (6) Upon documentation from a court of a plea of guilty or conviction of the following crime(s) whether or not sentence is imposed, an individual’s certificate of license to teach shall be revoked, or in the case of an applicant, not issued: (A) Murder 1st Degree; 1. Promoting obscenity 1st degree; (7) An individual who has had their certificate(s) of license to teach revoked pursuant to section (6) may appeal, in writing, said revocation to the commissioner of education within ninety (90) days of notice of the revocation. Upon receiving the intent to appeal, a hearing will be held before a hearing officer. The individual will be given not less than thirty (30) days notice of the hearing, the opportunity to be heard, and the opportunity for witnesses. A transcript of the hearing along with findings of fact and conclusions of law will be forwarded to the members of the board. The board, at a regular meeting, will render a decision based upon the transcript of the hearing, exhibits and any other information presented at the meeting. The board’s decision may be appealed to the circuit court as provided in section (9).
(8) The board may suspend or revoke for a specified time, or indefinitely, a certificate of license to teach pursuant to the rules promulgated by the board. The board may also accept a voluntary surrender or informally settle a case through a consent agreement or agreed settlement.
(9) Within thirty (30) days of the board’s final decision, an individual may file a petition for judicial review pursuant to sections 536.100 to 536.140, RSMo.
(10) When a local board of education learns that a certificate holder has pled guilty or is found guilty of any felony or misdemeanor involving moral turpitude; whether or not sentence is imposed under the laws of this state, or any other state, of the United States or any other country, the local board of education shall immediately provide written notice to DESE and the Office of the Attorney General. (A) Written notice shall contain the following information, if known: 1. Certificate holder's name; 2. Social Security number; 3. Date of birth; 4. Last known address; and/or 5. Information regarding the criminal record. AUTHORITY: sections 168.011, RSMo 2000 and 161.092, 168.021, 168.071 and 168.081. RSMo Supp. 2003.* Emergency rule filed March 22, 1999, effective April 1, 1999, expired Sept. 27, 1999. Original rule filed March 22, 1999, effective Sept. 30, 1999. Amended: Filed Aug. 13, 2002, effective March 30, 2003. Amended: Filed Sept. 12, 2003, effective April 30, 2004. *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; 168.081, RSMo 1963, 1984, 2002. |
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