PURPOSE: The State Board of Education is authorized to grant educator certification in any of the public schools of the state and to establish requirements and qualifications for those certificates. This rule establishes procedures for review of applications of individuals convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed; applicants whose license has been revoked in Missouri or in another jurisdiction; and applicants seeking to appeal a denial of license by the Office of Educator Quality.

1. (1) Any application for an educator certificate for an individual who has been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, including candidates for a Missouri educator certificate who are currently enrolled in professional education courses in conjunction with state-approved teacher preparation programs, shall be reviewed by the Office of Educator Quality within the Department of Elementary and Secondary Education (department) and recommendations made to the State Board of Education (board). However, certificates may only be issued upon motion of the board adopted by a unanimous affirmative vote of those members present and voting.

   1. (A) Conviction for purposes of this rule does not include offenses, other than those listed in section 168.071.6, RSMo, for which the applicant has successfully completed a suspended imposition of sentence.

   2. (B) Applicants with a criminal conviction shall provide the following:

      1. 1. Information relating to being found

guilty, a plea of guilty, receipt of a suspended imposition of sentence, receipt of a suspended execution of sentence, or entering a plea of nolo contendere for any violation of any laws of a state, the United States, or any other country, other than a traffic violation; including information on the date of the court action, the applicant’s age at the time of the underlying offense, the facts of the crime, and whether the conduct that was the basis for the conviction was in the scope of the applicant’s duties while employed by a public or private school or school district;

1. 2. A statement by affidavit or under

oath as to rehabilitative steps completed by the applicant relating to applicant’s criminal 5 CSR 20-400

conduct; and

1. 3. A completed background check pro-

cessed by the Missouri State Highway Patrol (Highway Patrol) and/or the Federal Bureau of Investigation (FBI).

1. (C) The application shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting. Consideration by the board will consist of a record review of the application and additional documents. The applicant will not have the opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board.

1. (2) Any application for an educator certificate submitted by an individual who has been subject to previous disciplinary action by the board or by a licensing authority in another state or political jurisdiction shall only be granted by affirmative vote of the board.

   1. (A) Applicants for a Missouri educator certificate who have had an educator certificate revoked by another certifying authority will not be eligible to be considered for Missouri certification until such time as they have the revocation cleared by the certificating authority and the applicant holds a valid certificate from that authority.

   2. (B) Recommendation to the board by the commissioner of education for certification under this section shall be based only on a completed application which shall include:

      1. 1. Information regarding teaching cer-

tificates or similar titles and/or other professional licenses or similar titles held, including but not limited to disciplinary actions, denials, restrictions, revocations, voluntary surrenders, suspensions, reprimands, and/or investigations;

1. 2. A consent authorizing the department

as it deems necessary or appropriate to make contact with, interview, consult, obtain documentation and verification from other persons and sources within or without Missouri with respect to the applicant and the applicant’s request for certification;

1. 3. Transcripts and other evidence neces-

sary to show compliance with all the requirements for certification that are in effect at the time application for recertification is made; and

1. 4. Other information including recent

employment and references requested by the board that may be deemed relevant to the request for recertification.

1. (C) The application shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting. Consideration by the board will consist of a record review of the application and related documents. The applicant will not have the SECONDARY EDUCATION

opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board.

1. (3) Issuance of certificates not otherwise addressed under sections (1) and (2) of this rule shall be made by the Office of Educator Quality based upon the standards adopted by the board. Applicants that are denied will be advised in writing of the reason(s) why certification is denied and at the same time will receive notice of the process for appeal.

   1. (A) The applicant, within thirty (30) days of receipt of written notice of denial, may request the commissioner of education to review the decision of the Office of Educator Quality. The applicant shall provide all documentation to be considered by the commissioner of education or a designee in reviewing the application.
   2. (B) The commissioner of education will notify the applicant in writing of the decision.
   3. (C) If the commissioner of education approves the decision of the Office of Educator Quality in denying certification, the applicant, within thirty (30) days from the date the commissioner sends written notice of the decision, may file a written notice of appeal with the board by addressing the notice to the secretary of the State Board of Education, PO Box 480, Jefferson City, MO 65102-0480. In addition to stating the applicant’s desire to appeal the denial of certification, the notice shall include a statement of each reason the applicant relies upon to demonstrate support for the reversal of denial.
   4. (D) The applicant’s appeal shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting.
   5. (E) The appeal will consist of a record review of the application, related materials reviewed by the commissioner of education, and the applicant’s additional statements. The applicant will not have the opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board.

AUTHORITY: sections 161.092 and 168.021, RSMo Supp. 2012, and section 168.011, RSMo 2000.* Original rule filed Feb. 27, 2013, effective Sept. 30, 2013. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 168.011, RSMo 1963, amended 1984; and 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011.