Mo. Code Regs. tit. 5 § 20-400.230

Current through Register Vol. 50, No. 1, January 2, 2025

Section 5 CSR 20-400.230 - Discipline of Certificates of License to Teach

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(B) Certificate holders whose certificates have been revoked pursuant to section 168.071.6, RSMo, may appeal their revocation by filing a notice of appeal with the commissioner of the department within ninety (90) days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.

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.

(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.

5 CSR 20-400.230

AUTHORITY: sections 168.011, RSMo 2000 and 161.092, 168.021, 168.071 and 168.081, RSMo Supp. 2003.* This rule previously filed as 5 CSR 80-800.300. 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. Moved to 5 CSR 20-400.230, effective Aug. 16, 2011.

Amended by Missouri Register April 15, 2022/Volume 47, Number 8, effective 5/31/2022

*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.