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ORR # 2004-029 DEPARTMENT OF EDUCATION
SUPERINTENDENT OF PUBLIC INSTRUCTION TEACHER CERTIFICATION CODE
Filed with the Secretary of State on October 26, 2004.
These rules take effect on November 3, 2004.
(By authority conferred on the superintendent of public instruction by section 1531 of 1976 PA 451, and section 15 of 1964 PA 287, MCL 380.1531 and MCL 388.1015, and Executive Orders 1996-11 and
1996-12, MCL 388.993 and MCL 388.994)
R 390.1204 Written charges; service; notice of opportunity to show compliance.
Rule 104. (1) If the superintendent of public instruction determines that probable cause exists for the suspension or revocation of a teacher’s certificate, then the superintendent shall prepare and file written charges and shall serve a copy of notice of opportunity to show compliance to the teacher in question.
(2) Within 15 business days of service of the notice of opportunity to show compliance, a teacher may request an informal conference to show compliance. The informal conference shall be a telephone conference, unless otherwise specified, with an authorized representative of the superintendent of public instruction.
(3) After the informal conference, the superintendent of public instruction may, after considering the evidence presented, make a finding of compliance, enter into a written settlement of the matter with the teacher without a formal hearing or direct that a notice of hearing issue.
R 390.1206 Notice of hearing; written charges; settlement; absence of party; hearing as public or private.
Rule 106. (1) Within 15 business days of service of the notice of opportunity to show compliance, if the teacher does not request an informal conference, then a notice of suspension of the teacher’s certificate shall be served upon the teacher.
(2) After an informal conference and a decision by the superintendent of public instruction to proceed to hearing, a notice of hearing and a copy of the written charges shall be served upon the teacher.
(3) The written charges may be amended between the time of the notice of opportunity to show compliance and the notice of hearing.
(4) If the teacher has been convicted of a crime and is incarcerated, then the hearing may be conducted by telephone, video conference, or other electronic media.
(5) If the teacher fails to attend the hearing, then the hearing may proceed and the decision may be made in the absence of the teacher.
(6) The teacher and the superintendent of public instruction may agree in writing to a settlement of the matter without a hearing.
(7) A hearing shall be either public or private at the request of the teacher.
