9 (2) Programs for initial teacher certification shall include some face-to-face interactions and early and ongoing structured supervised field experiences appropriate to the content and levels of certification.

 

 

(3)   The climate for learning (virtual or face-to-face) shall promote research-based strategies for effective teaching and learning.

 

R 390.1157 Bilingual endorsements. Rescinded.

    Rule 57. (1) Bilingual endorsements shall be granted in specified languages with authorization to each  as defined in R 390.1101(a).

    (2) The bilingual endorsement program for initial certificates shall be a group minor of 24 semester  hours.

    (3) The bilingual endorsement program for existing certificates shall be a minimum of 18 semester  hours. Credits for coursework to develop basic language proficiency in either the endorsed language or in the English language shall not be included in the 18 hour program.

    (4) A bilingual endorsement program shall contain all of the following requirements:

    (a) Language proficiency. An applicant shall demonstrate reading, writing, speaking, and listening proficiency in English and in the language for which endorsement is sought as determined by an examination process approved by the state board of education. The state board of education shall designate those languages for which reading and writing proficiency is not required.

    (b) Linguistics and bilingual methodology. An applicant shall successfully complete 9 semester hours of coursework designed to develop all of the following:

    (i) Knowledge of the historical background and pedagogical rationale of bilingual education.

    (ii) Effective skills in using both English and the endorsed language as media of instruction in the subject matter areas for which certification is held or being sought.

    (iii) Effective skills in the instruction of English and the endorsed language as both first and second languages, as individual classes, or as activities integrated into content areas.

    (iv) Effective skills in the linguistic analysis of both English and the endorsed language and in the testing and assessment of language skills.

    (c) Culture. An applicant shall successfully complete 6 semester hours of coursework designed to develop all of the following:

    (i) Effective skills in utilizing cultural information and activities as means for developing basic skills.

    (ii) Effective skills in presenting the history and cultures of the geographical area associated with the endorsed language.

    (iii) Effective skills in presenting the history and culture of the endorsed language groups within the United States.

    (iv) Effective skills in communicating with parents of children enrolled in the bilingual education program and with members of the bilingual advisory committee.

    (d) Field experience. An applicant shall successfully complete a portion of the directed teaching requirement for an initial elementary or secondary provisional certificate with a bilingual endorsement in a currently operating bilingual instruction program.

    (5) This rule is mandatory for all persons seeking bilingual endorsement after July 1, 1982.

 

PART 6. VOCATIONAL ENDORSEMENT AND AUTHORIZATION

 

R 390.1161 State secondary provisional certification with vocational endorsement.

 

 

Rule 61. (1) An applicant for vocational endorsement shall meet the requirements for state secondary provisional certification as described in part 2 of these rules as well as presenting evidence of completing all of the following:

(a)    A program with a minimum of 6 semester credit hours, or equivalent, of coursework in vocational teacher education at an institution approved by the state board for the preparation of vocational teachers in the occupational area of endorsement.

(b)    A major or a minor in an approved program in the occupational area of the endorsement.

Program requirements as defined by the state board for each vocational endorsement.

(c)    Two years of work experience in the occupational area of the endorsement or completion of a planned equivalent program of directed supervised occupational experience approved by the department of education. The occupational experience shall be characterized by its relevancy and recency.

(2)   Vocational endorsement is valid for teaching in the stated occupational area in approved vocational education programs.

 

R 390.1162 State secondary continuing or professional education certification with vocational endorsement.

Rule 62. A state continuing or professional education certificate with a vocational endorsement may be issued to an applicant who has met the requirements for continuing or professional education certification as described in part 3 of these rules and who has presented evidence that he or she has completed both of the following requirements:

(a)    Taught successfully for 3 years according to the validity of his or her provisional certificate and or vocational endorsement and since the issuance of the provisional certificate and or vocational endorsement, as determined by the state board upon recommendation of the sponsoring teacher preparation institution and the local employing school district.

 

R 390.1163 Temporary vocational authorization. Interim occupational certificate (formerly called temporary vocational authorization).

Rule 63. (1) A temporary vocational authorization document An interim occupational certificate may be issued upon the report of a designated vocational occupational teacher education preparation institution to an applicant presenting evidence that he or she has met the following requirements:

(a)    Possesses a baccalaureate degree.

(b)    Has a major or minor in the field of specialization in which vocational authorization occupational certification is being requested. or equivalent graduate credits to substitute for the required major or  minor.

(c)    Has a minimum of 2 years (4,000 hours) of experience in the occupational area concerned or has completed a planned program of directed supervised occupational experience approved by the state board. The occupational experience shall be characterized by its relevancy and recency.

(d)   Has passed both the state teacher preparation basic skills test and appropriate subject area tests available at the time of application.

 

 

(e)   Has successfully completed a minimum of 6 semester credit hours of professional or vocational education credit.

(2) Temporary vocational authorization The interim occupational certificate is valid for teaching in those courses in which instruction is limited to the occupation specified on the authorization certificate in approved vocational occupational programs. It is valid for 6 Interim occupational certificates issued within a calendar years expire 6 years from June 30 of that year.

 

R 390.1164 Full vocational authorization.

Rule 64. (1) A full vocational authorization document shall be issued to qualified candidates and shall be valid for continued teaching in those courses in which instruction is limited to the occupation specified on the authorization in approved vocational programs. Beginning December 31, 1992, full vocational authorizations are no longer issued, but are still valid for teaching in Michigan’s approved vocational programs.

(2)   Applications for full vocational authorization shall contain evidence that the candidate:

    (a) Has taught successfully for 3 years according to the validity of his temporary vocational authorization as determined by the state board upon recommendation of the sponsoring institution and the local school district.

    (b) Has completed a minimum of 10 semester hours, of professional vocational education as  determined by the state board and approved by the sponsoring institution and the local school district.

(3)   The validity of a full vocational authorization is specified in R 390.1134.

 

R 390.1164a Occupational education certificates.

Rule 64a. (1) An occupational education certificate shall be issued to qualified candidates and shall be valid for continued teaching in those courses in which instruction is limited to the occupation specified on the certificate in approved occupational programs.

(2)   Applications for the occupational education certificate shall contain evidence that the candidate has met the following:

(a)   Has taught successfully for 3 years according to the validity of his or her provisional secondary certificate or interim occupational certificate as determined by the state board upon recommendation of the teacher preparation institution and the school district.

(b)   Has completed, since the issuance of the interim occupational certificate, or temporary vocational authorization, in the case of the candidate who does not hold a secondary provisional or professional education certificate, a minimum of 9 semester credit hours which are in vocationally related coursework according to the department of education guidelines.

(3)   All occupational education certificates issued within a calendar year expire 5 years from June 30 of that year.

 

R 390.1165 Annual vocational occupational authorization.

Rule 65. (1) If a candidate does not meet the standards outlined for temporary vocational authorization the interim occupational certificate, an evaluation of competency shall be made by the department of education. The department shall determine the adequacy of the candidate’s combined education and occupational and teaching experience at the journeyman level in apprenticeable trades in the specific occupational area. If the candidate is deemed competent, a 1-year vocational annual occupational authorization shall be issued to the school district. This annual vocational occupational authorization is planned primarily for persons who will be teaching vocationally occupationally approved courses in grades 9 to 12.

 

 

(2)   This annual occupational authorization is valid for teaching those courses in approved programs in which instruction is limited to the occupation specified on the authorization.

(3)   A school district shall certify that an vocational occupational education certificated teacher is not available. A school district shall document that an vocational occupational education certificated teacher opening was advertised, but a teacher was not available, before applying for the annual              vocational occupational authorization. The advertising requirement does not apply if the noncertificated teacher for whom the annual vocational occupational authorization is sought is annually and continually enrolled and completing credit in an approved vocational occupational teacher preparation program leading to vocational occupational certification, or has submitted evidence of the equivalent,                  in continuing education units completed through professional development programs or professional activities defined and approved by the state board. The exemption from the advertising requirement shall not be granted for more than 8 consecutive school years. subject to guidelines for program completion determined by the department of education.

 

R 390.1166 Credit from institutions not designated for preparation of vocational occupational teachers.

Rule 66. Candidates for vocational occupational endorsement or authorization who present semester credit hours from a teacher education preparation institution not approved by the state board for the preparation of vocational teachers may validate the semester credit hours by gaining unconditional admission to full standing in the graduate department, division, or school of a college or university approved for vocational teacher education preparation, by completing 6 semester credit hours of acceptable graduate semester credit hours in an institution approved by the state board for the preparation of vocational teachers, or meet the requirements specified by the state board.

 

PART 10. ADMINISTRATIVE HEARINGS

 

R 390.1201 Certificates; denial, suspension, or revocation; reinstatement.

Rule 101. (1) The state board superintendent of public instruction may refuse to grant or renew, or may revoke or suspend for a fixed term, or revoke, or may impose reasonable conditions on, a teaching certificate or state board approval granted pursuant to these rules for the following reasons:

(a)    Fraud, or material misrepresentation, or concealment or omission of fact in the application for, a certificate or the use of, a teaching certificate or state board approval.

    (b) Failure or ineligibility of the applicant, or certificate holder, to meet the criteria for eligibility for  the certificate.

(c) (b) Conviction, as an adult, of an act of immoral conduct contributing to the delinquency of a child, or of a felony, involving moral turpitude. of an offense listed in MCL 380.1535a or MCL 380.1539b.

(2) The superintendent of public instruction may refuse to grant or renew a teaching certificate or a state board approval for failure or ineligibility of the applicant to meet the criteria for the applicable certification or state board approval.

(2) (3) A certificate or state board approval shall not be denied, suspended, or revoked solely on the basis of a prior felony conviction, unless it is related the superintendent of public instruction finds that the conviction is reasonably and adversely to the ability of the person related to the person’s present fitness to serve in an elementary or secondary school in the state or that the conviction demonstrates that the person is unfit to teach in an elementary or secondary school in this state.

(4) A certified copy of the judgment of conviction and sentence is conclusive evidence of conviction of a crime pursuant to MCL 380.1535a or MCL 380.1539b. A conviction of a crime listed in MCL 380.1535a or MCL 380.1539b, or of a substantially similar crime in another state, is

 

 

considered to be reasonably and adversely related to the ability of the person to serve in an elementary or secondary school and is sufficient grounds for suspension or revocation of the person’s teaching certificate or state board approval.

(3)(5) After the completion of a person’s sentence and Uupon application and a showing of good cause, the state board superintendent of public instruction may grant a new or renewed certificate, or reinstate a suspended or revoked certificate or may grant a new certificate. The applicant or  certificate holder shall be permitted to demonstrate that, at the present time, he has the The superintendent of public instruction shall not grant a new or renewed certificate or reinstate a person’s certificate unless the superintendent of public instruction finds that the person is currently fit ability to serve in an elementary or secondary school in this state and that reinstatement of the person’s teaching position without certificate will not adversely affecting children or other members of the profession, health, safety and shall provide proof that he is rehabilitated welfare of pupils.

 

R 390.1202 Contested case; grounds.

Rule 102. A contested case may be instituted pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, being § 24.271 et seq. of the Michigan Compiled Laws 1969 PA 306, in the event of a refusal to grant or renew a teacher’s certificate, or in the event of a suspension or revocation of a teacher’s certificate.

 

R 390.1203 Investigation.

Rule 103. The superintendent of public instruction shall designate an employee of the Michigan Department of Education to perform the investigatory and prosecutorial functions regarding contested cases pertaining to teacher certification or state board approval. Upon receipt of information which may serve as the basis for a refusal to grant, or renew, suspend or revoke a teacher’sing certificate, or as the basis for the suspension or revocation of a teacher’s certificate state board approval, the designee of the superintendent of public instruction shall initiate an investigation of that information.

 

R 390.1204 Written charges; service; notice of opportunity to show compliance.

Rule 104. (1) If tThe designee of 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 letter copy of notice of opportunity to show compliance to the teacher in question and shall inform the teacher of hearing rights under these rules, and pursuant to sections 71 to 92 of 1969, PA 306, MCL 24.271 to MCL 24.292. A complete copy of the applicable rules and laws shall be furnished to the teacher.

(2)   Within 15 business days of service of the notice of opportunity to show compliance, a teacher may file a request for 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’s designee 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. If, after considering the evidence presented, the superintendent’s designee recommends making a finding of compliance or entering into a written settlement of the matter with the teacher without a formal hearing, the superintendent of public instruction shall approve, modify, or deny the recommended action.

 

 

 

R 390.1205 Notification of rights; copies of rules and laws. Rescinded.

Rule 105. Upon receipt of written charges, the state board shall inform the teacher of hearing rights under these rules, and under sections 71 to 92 of Act No. 306 of the Public Acts of 1969, being §§ 24.271 to 24.292 of the Michigan Compiled Laws, and known as the administrative procedures act of 1969, and section 10 of Act No. 287 of the Public Acts of 1964, being § 388.1010 of the Michigan Compiled Laws. A complete copy of the rules and laws shall be furnished to the teacher.

 

R 390.1206 Notice of hearing; written charges; settlement; absence of party; hearing as public or  private.

Rule 106. (1) Within Following15 business working 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’s designee of public instruction to proceed to hearing, a notice of hearing and a copy of the written charges shall be served upon the teacher and a request for a hearing shall be submitted to the state office of administrative hearings and rules.

    (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)   (3) 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) (4) 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.

 

R 390.1207 Answer to formal charges; bill of particulars.

Rule 107. (1) A certified teacher or holder of a state board approval may file an answer to formal charges with the state board designee of the superintendent of public instruction. The answer shall be filed not less than 10 days prior to before the hearing. The designee of the superintendent of public instruction shall file a copy of the answer upon receipt with the state office of administrative hearings and rules.

    (2) If the formal charges are believed by the teacher to be so ambiguous that an answer cannot be adequately prepared, the teacher may file a motion for a bill of particulars with the hearing officer. The request for a bill of particulars shall be granted upon a demonstration of good cause.

 

R 390.1208 Representation; appearance by legal counsel; service on attorneys of record. Rescinded.

    Rule 108. (1) A teacher may represent himself or be represented by legal counsel or another duly authorized representative.

    (2) An appearance by legal counsel shall be filed in writing and at the earliest possible time. Thereafter, service upon the attorneys of record shall be deemed service upon the parties.

 

R 390.1209 Hearing office; duties. Filing.

    Rule 109. A hearing officer designated by the state board shall promptly establish hearing dates, inquire fully into all facts relevant to each proceeding, and submit proposals for decision to the state board and the parties. In order to be timely received, any filing required under these rules shall be

 

 

received by the Michigan Department of Education before the close of business on the last day of the time limit for the filing. Filing may be by facsimile (fax).

 

R 390.1210 Hearing officer; qualifications; prohibited communications. Summary suspension.

Rule 110. (1) The hearing officer shall be from an office completely separated from any person  involved in investigatory or prosecutorial functions regarding contested cases pertaining to teacher certification. If a person who holds a Michigan teaching certificate or state board approval has been convicted of a crime described in MCL 380.1535a(2) and 380.1539b(2), or if the superintendent of public instruction or his or her designee finds that the public health, safety or welfare otherwise requires emergency action, the superintendent of public instruction or his or her designee shall order summary suspension of the person’s teaching certificate or state board approval, pursuant to MCL 24.292. The person subsequently shall be provided a prompt opportunity for a hearing as provided under that section. Rules 104 and 106 do not apply to this rule.

    (2) A hearing officer shall not directly or indirectly communicate with a party, a representative of a party, or other person who has been engaged in investigatory or prosecutorial functions regarding any issue of fact or law, except on notice and opportunity for all parties to participate, unless otherwise provided by law.

 

R 390.1211 Witnesses; fees and expenses; exclusion from hearing; communication. Rescinded.

    Rule 111. (1) A witness, except a state employee, requested by the hearing officer shall be paid an appropriate witness fee and expenses by the party that had the hearing officer request the presence of the witness. Fees and expenses shall be consistent with those provided in circuit court.

    (2) Upon motion and a showing of good cause, a prospective witness may be excluded from a hearing. Witnesses may be instructed not to communicate with a prospective witness.

 

R 390.1212 Transcript; evidence; exhibits.

Rule 112. (1) A hearing reporter shall transcribe the testimony taken at a hearing and file the certified original with the state board upon request of the hearing officer or the state board. A verbatim record will be taken of the proceedings. A party may request a copy of the transcript at his own the party’s expense. When a transcript is prepared, the certified original shall be filed with the state board and all parties shall be notified.

    (2) Evidence in a contested case may be retained in the custody of a person designated by the hearing officer or the state board upon such terms as are just, practicable, and designed to preserve the evidence without undue interference on any other legal proceeding.

    (3) Exhibits shall be retained by the hearing officer until such time as they are certified and filed with the state board, along with the proposal for decision.

 

R 390.1213 Exceptions; cross exceptions; and briefs.

Rule 113. (1) Within 20 days after service of the proposal for decision, a party may file a written statement with the state board superintendent of public instruction setting forth exceptions thereto or to any other part of the record or proceeding, including rulings upon motions and objections. A brief in support of these exceptions may be filed with the state board superintendent of public instruction. A copy of the exceptions and any brief shall be served on each party to the proceedings.

(2) Within 10 days after service of an exception, a party may file a cross exception and a brief in support thereof, or a brief in support of the proposal for decision. A copy of the cross exceptions and any brief shall be served on each party to the proceedings.

 

 

 

R 390.1214 Oral arguments.

Rule 114. If a party desires to present oral arguments to the state board superintendent of public instruction, a written request therefor shall be made to the state board superintendent of public instruction at the time an exception, cross exception, or brief is filed. The state board superintendent of public instruction on its his or her own motion, may direct oral argument or grant or deny a request for oral argument.

 

R 390.1215 Advice of attorney general or designated assistant. Rescinded.

    Rule 115. The state board may seek the legal advice of the attorney general, or a designated assistant other than a person who may have engaged in investigatory or prosecutorial functions, with regard to the contested case under consideration or a factually related case.

 

R 390.1216 Proposal for decision; action by state board superintendent of public instruction.