Section R. 390.1141 - Substitute permits; general provisionsRule 41.
(1) On approval of an application and payment of the applicable evaluation fee, the superintendent of public instruction may issue to a school district or nonpublic school a substitute permit or renewal of a substitute permit to assign an individual who meets the requirements of statute and this part.(2) Subject to subrule (9) of this rule, before assigning an individual who cannot be appropriately placed in the assignment, a school district or nonpublic school shall apply to the department for a substitute permit or renewal of a substitute permit under this part, pay the applicable evaluation fee, verify satisfaction of the requirements of statute and this part, and hold the substitute permit or renewal for placement of the individual. Subject to the act, the school district or nonpublic school shall verify that an individual with a valid certificate under which appropriate placement is possible is not available for the assignment in accordance with the established hiring practice of the school district or nonpublic school.(3) An individual shall not apply for a substitute permit or renewal of a substitute permit on behalf of a school district or nonpublic school for the individual's own placement unless the board of the school district or the governing body of the nonpublic school approves the application in the manner directed by the department.(4) A substitute permit issued under this part is valid from the issue date to August 31 immediately following the academic year listed on the permit.(5) Subject to subrule (7) of this rule, the superintendent of public instruction may revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit under this part for any of the following reasons:(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the substitute permit.(b) Conviction of the individual for a crime described in section 1535a of the act, MCL 380.1535a.(c) Failure to meet the requirements for the substitute permit.(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.(6) The superintendent of public instruction may rescind a substitute permit at the request of the school district or nonpublic school.(7) The superintendent of public instruction shall revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit if the criminal history of the individual for whom a school district or nonpublic school requests the permit includes conviction of a listed offense.(8) Subject to subrule (9) of this rule, a school district employing an individual who is not appropriately placed under a valid certificate, valid substitute permit, valid authorization, or valid approval issued under rules promulgated by the department is subject to section 163 of the state school aid act of 1979, 1979 PA 94, MCL 388.1763.(9) If an individual holds a valid Michigan teaching certificate, a school district or nonpublic school may place the individual outside the grade levels and discipline areas listed on the certificate for not more than 90 consecutive calendar days without obtaining a substitute permit.Mich. Admin. Code R. 390.1141
1979 AC; 1989 AACS; 2006 AACS; 2012 AACS; 2017 AACS; 2019 AACS; 2020 AACS; 2024 MR 12, Eff. 6/27/2024