11 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2004-029 DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION TEACHER CERTIFICATION CODE

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(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 initiate the preparation prepare and filing of file written charges with the state board and shall cause serve a copy thereof and a of notice of opportunity to show compliance to be served upon the teacher in question.

(2)    Within 20 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 state board superintendent of public instruction.

(3)    After the informal conference, the state board superintendent of public instruction may, after considering the evidence presented, make recommendation of its authorized representative, making 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 30 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 hearing and a copy of written charges suspension of the teacher’s certificate shall be served upon the teacher.

(2)      After an informal conference and a decision by the state board 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.

(4)   (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.

 

 

(5)   (6) The teacher and the state board superintendent of public instruction may agree in writing to a settlement of the matter without a hearing.

(6)   (7) A hearing shall be either public or private at the request of the teacher.