PURPOSE: The State Board of Education is authorized to grant certificates of license to teach in any of the public schools of the state under the provisions of section 168.021.1, RSMo and to establish requirements and qualifications for those certificates and cause those certificates to be revoked, suspended, invalidated or deleted in a manner provided in section 168.071, RSMo. This rule establishes procedures for action by the State Board of Education.

1. (1) The State Board of Education may suspend or revoke a certificate of license to teach upon satisfactory proof of a conviction of a felony or crime involving moral turpitude, or charges of incompetency, cruelty, immorality, drunkenness, neglect of duty or the annulling of a written contract with the local board of education without the consent of the majority of members of the board which is a party to the contract. All charges must be preferred by the local board of education in writing.

   1. (A) Charges must be signed by the chief administrative officer of the district or by the president of the board when so authorized by a majority of the board.
   2. (B) Charges must be sworn by the party(ies) making the accusation, and filed with the respective certificating authority.
2. (2) Upon receipt of charges made pursuant to section 168.071, RSMo and filed with the respective certification authority, that authority shall forward notice and documentation of the charges to the State Board of Education for final action.

3. (3) The commissioner of education, or his/her designee(s), shall conduct all hearings resulting from conviction or a felony or crime involving moral turpitude or charges filed by a local board of education to revoke a certificate(s) of license to teach as provided in section 168.071, RSMo. A transcript of the hearing along with findings of fact and conclusions of law will be forwarded to the members of the State Board of Education. The State Board of Education, at a regular meeting, will render a decision based upon the transcript of the hearing, exhibits and any other information presented at the meeting.

   1. (A) Where the underlying conduct or action of the certificate holder is the basis of charges filed by the local board of education and such conduct or action is subject to pending criminal charges, the certificate holder may request in writing a delayed hearing on advice of his/her legal representation under the Fifth Amendment of the Constitution of the United States.

      1. 1. The request shall be submitted to the

commissioner of education, or his/her designee(s), by the certificate holder or by legal counsel.

1. 2. The request shall provide documenta-

tion of the pending criminal charge and contain a statement specifying what underlying conduct or actions are subject to the pending criminal charge.

1. (B) The commissioner of education, or his/her designee(s) shall, based upon the application, suspend the hearing process until final disposition of the criminal charges relating to the underlying conduct or actions relating to the charges filed by the local board of education.

1. (4) Upon documentation from a court of a conviction of a felony or crime involving moral turpitude, an individual’s certificate of license to teach may be suspended or revoked by the State Board of Education without a hearing.
2. (5) The State Board of Education may suspend for a specified time, or indefinitely, a certificate of license to teach.

3. (6) A teacher requesting deletion of a certificate of license to teach must submit a notarized statement in the form required by the State Board of Education specifically requesting the deletion(s).

   1. (A) In the event the individual is employed to teach in any public school in Missouri, the board of education of the employing school district must formally approve and consent, by majority vote, to the deletion sought by the teacher. Upon written verification by the district superintendent that the teacher has not taught within the last five (5) years in the specific subject matter area for which deletion is requested, approval of the local board of education is not required.
   2. (B) Applicants applying for reissuance of their certificates which have been deleted in this manner will be required to meet, in full, the certification requirements that are in effect at the time the new application is made.

AUTHORITY: sections 161.092, 168.011, 168.031, RSMo 1986, 168.021, RSMo Supp. 1990 and 168.071, RSMo Supp. 1993.* Original rule filed Feb. 27, 1979, effective June 15, 1979. Amended: Filed March 8, 1985, effective July 1, 1985. Rescinded and readopted: Filed Aug. 1, 1988, effective Nov. 25, 1988. Amended: Filed April 28, 1994, effective Nov. 30, 1994. *Original authority: 161.092, RSMo 1963, amended 1973; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990; 168.031, RSMo 1963; and 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993.