DEPARTMENT OF EDUCATION
SUPERINTENDENT OF PUBLIC INSTRUCTION
SCHOOL ADMINISTRATOR CERTIFICATION CODE
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the superintendent of public
instruction by sections 1246, and 1536, and 1539b of the
revised school code, 1976 PA 451, MCL 380.1246, and 380.1536, and
380.1539b, and Executive Reorganization Order No. 1996-6, MCL 388.993)
R 380.101, R 380.102, R 380.103, R 380.104, R 380.105, R 380.106, R 380.107, R 380.109, R 380.111, R 380.111b, R 380.112, R 380.116, R 380.121, R 380.123, and R 380.124 of the Michigan Administrative Code are amended, and R 380.108, R 380.110, R 380.122, R 380.125, and R 380.130 are added to the Code, as follows:
R 380.101 Definitions.
Rule 1. As used in this code:
(a) “Accredited” means accredited by an accreditation agency recognized by the Council for Higher Education Accreditation or by the United States Department of Education.
(b) “Act” means the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
(c) “Administering instructional programs” means that term as defined by the superintendent of public instruction.
(d) “Alternative route school administrator preparation program" means a pathway to school administrator certification under R 380.105 offered by an approved provider that is an established state professional organization.
(b) “Annual district provided professional
development” means that term as defined in R 390.1101.
(e)(c) "Central office administrator”
means 1 either or both of the following:
(i) Superintendent of a school district.
(ii) An individual whose primary responsibility is administering instructional programs in a school district on a district-wide basis.
(f) “Central office endorsement” means a school administrator certificate endorsement for a central office administrator.
(g) “Certificating authority” means an out-of-state governmental entity that is legally authorized to issue educator credentials.
(h)(d) "Department" means the Michigan
department of education unless otherwise indicated.
(i)(e) “Education-related professional
learning” means an educational opportunity intended to improve that
improves a school administrator’s practice and capacity to perform the work
within the profession of education, including time spent engaging with local
employers or technical centers, that is 1 or more of the following:
(i) Satisfactory college semester credit hours relevant to
professional development as a school administrator at a regionally an
accredited college or university, with 1 semester credit hour being
equivalent to 25 education-related professional learning hours.
(ii) State continuing education clock hours relevant to professional development as a school administrator.
(iii) Michigan annual district provided professional development hours relevant to professional development as a school administrator.
(j)(f) "Established state professional
organization" means an established state professional organization, as that
term as is defined in section 1536 of the revised school code,
1976 PA 451act, MCL 380.1536, that represents superintendents,
principals, assistant principals, and individuals whose primary responsibility
is administering instructional programs.
(k)(g) “Listed offense” means that term as
defined in section 1535a of the revised school code, 1976 PA 451act,
MCL 380.1535a.
(l) “Michigan annual district provided professional development” means annual district provided professional development as required by sections 1526 and 1527 of the act, MCL 380.1526 and 380.1527, relevant to professional development as a school administrator.
(m)(h) “Michigan professional teaching
certificate” means a certificate issued under part 3 of the teacher
certification code, R 390.1133 to R 390.1138.
(n) “Michigan standard teaching certificate” means a certificate issued under R 390.1123, R 390.1125, R 390.1129b, or R 390.1130.
(o) “Out-of-state” means of a political subdivision of the United States besides Michigan, of a federally recognized Native American tribe, or of a foreign country or political subdivision of a foreign country.
(p) "Performance-based professional learning program" means an approved program that requires the demonstration of knowledge, application, skills, behavior, and impact on improving leadership as measured by performance indicators.
(q)(j) “PK-12 building administrator” means 1
or more of the following:
(i) Principal of a PK-12 school.
(ii) Assistant principal of a PK-12 school.
(iii) An individual whose primary responsibility is administering instructional programs in a PK-12 school.
(r) “PK-12 building endorsement” means a school administrator certificate endorsement for a PK-12 building administrator.
(s)(k)
"PK-12 school” means a school with a single grade or any combination of
grades from prekindergarten to grade 12.
(l) “Professional learning
enhancement” means a school administrator certificate endorsement described in
section 1536(5) of the revised school code, 1976 PA 451, MCL 380.1536, that the
superintendent of public instruction issues under R 380.111b.
(t)(m)
“Provider” means a regionally an accredited college or university
that has a traditional school administrator preparation program or a an
established state professional association that has an approved
alternative route school administrator preparation program.
(n) “Regionally accredited” means accredited by 1 of
the regional accrediting agencies recognized and published by the Council for
Higher Education Accreditation or its successor agency.
(u)(o) “School
administrator certificate endorsement” means either or both of the following
the endorsement of endorsements on a school administrator
certificate for 1 or both of the following:
(i) PK-12 building administrator.
(ii) Central office administrator.
(v)(q)
"School district" means that term as defined in R 390.1101.
(w)(r)
"State board" means the Michigan state board of education.
(x)(s) “State
continuing education clock hours” means hours of professional development
issued through a process established and approved by the superintendent of
public instruction.
(y) “Traditional school administrator preparation program” means a program for school administrator certification under R 380.104 offered by an approved provider that is a college or university.
(z)(p) “Traditional
school School administrator preparation program course of study” or
“alternative route school administrator preparation program course of study” means
the outline of courses required for completion of an approved traditional school
administrator preparation program or approved alternative route school
administrator preparation program.
(aa) “Valid” means within the time period of the credential and not suspended, revoked, or nullified.
R 380.102 Certificate and permit requirements for school administrators.
Rule 2. (1) The superintendent of public instruction may issue the following school administrator certificates under this code:
(a) School administrator (1246(1)(a)) certificate.
(b) School administrator (1246(1)(b)) certificate.
(2) An individual employed by
a school district in this state on or before January 4, 2010, as a
superintendent, principal, or assistant principal, or in a position
with other person whose primary responsibility was for administering
instructional programs shall hold a valid school administrator (1246(1)(a))
certificate under R 380.103 in order to be employed by a school district as
a superintendent, principal, or assistant principal, or in a position with
primary responsibility for administering instructional programs.
(3) An individual initially
employed by a school district in this state after January 4, 2010, as a
superintendent, principal, or assistant principal, or in a position
with other person whose primary responsibility is for administering
instructional programs shall hold a valid Michigan school administrator
(1246(1)(b)) certificate with the appropriate PK-12 building or central
office endorsement under R 380.104, R 380.105, or R 380.106 in order to
be employed by a school district as a superintendent, principal, or assistant
principal, or in a position with primary responsibility for administering
instructional programs.
(4) A school district that employs a superintendent, principal, assistant
principal, or other person individual whose primary
responsibility is administering instructional programs who does not hold a
valid school administrator certificate with the appropriate endorsement
under this code shall obtain a school administrator substitute permit
under R 380.116.
R 380.103 School administrator (1246(1)(a)) certificate.
Rule 3. (1) The superintendent of public instruction may issue a school administrator (1246(1)(a)) certificate to an applicant who pays the applicable evaluation fee if the department has received documentation of both of the following:
(a) The applicant was
employed based on evidence of
employment by a school district in
this state on or before January 4, 2010, as a superintendent, principal, or assistant
principal, or in a position with other person whose primary
responsibility was for administering instructional programs.
(b) if, during
During the 5-year period immediately preceding the issuance of the
certificate, the individual applicant completed any combination
of education-related professional learning hours, as defined in R 380.101,
totaling 150 hours.
(2) Holding a valid Michigan
professional or standard teaching certificate satisfies the
continuing education requirements of subrule (1)(b) of this rule.
R 380.104 School administrator
(1246(1) (b))(1246(1)(b)) certificate, and endorsements,
and degree requirements; Michigan traditional school administrator preparation
program.
Rule 4. (1) The
superintendent of public instruction may issue a school administrator (1246(1)
(b)) (1246(1)(b)) certificate with a PK-12 building
endorsement to an applicant who pays the applicable evaluation fee if the
department has received documentation of who satisfies both all of
the following:
(a) The applicant earned Possession
of a master’s degree or higher from a regionally an accredited
college or university.
(b) The applicant
completed Completion of a Michigan approved elementary and
secondary PK-12 traditional school administrator preparation program at
least at the master’s degree level, including at least 18 semester hours of
graduate credit in PK-12 school administration a supervised internship.
(c) The approved program provider recommended the applicant for school administrator certification and PK-12 building endorsement.
(d) For an application submitted on or after the effective date of this subdivision, the applicant earned a passing score on the appropriate available school administrator examination approved by the superintendent of public instruction.
(2) The superintendent of
public instruction may issue a school administrator (1246(1)(b)) certificate
with a central office endorsement to an applicant who pays the
applicable evaluation fee if the department has received documentation of satisfies
both all of the following:
(a) The applicant earned Possession
of a master’s degree or higher from a regionally an accredited
college or university.
(b) The applicant
completed Completion of at least 21 semester hours of credit at
the post-master’s degree level in a Michigan approved central office
traditional school administrator preparation program at the
post-master’s degree level, including advanced studies in PK-12 district
level school administration a supervised internship.
(c) The approved program provider recommended the applicant for school administrator certification and central office endorsement.
(d) For an application submitted on or after the effective date of this subdivision, the applicant earned a passing score on the appropriate available school administrator examination approved by the superintendent of public instruction.
(3) Credit completed in a Michigan approved traditional
school administrator preparation program for 1 level of endorsement
under this rule applies toward an a different endorsement at
the other level if the credit meets the approved program requirements.
(4) An individual who
completes a Michigan approved school administrator preparation program shall
apply to the department for a school administrator (1246(1)(b)).
(5) The Michigan approved
school administrator preparation program provider shall recommend that the
superintendent of public instruction issue a school administrator (1246(1)(b))
certificate to the applicant.
(6) The superintendent of
public instruction may issue a school administrator (1246(1)(b)) certificate
based on the recommendation of the Michigan approved school administrator
preparation program provider.
R 380.105 School administrator
(1246(1)(b)) certificate, and endorsements, and degree
requirements; Michigan alternative route school administrator preparation program.
Rule 5. (1) Only an
established state professional organization may offer a Michigan alternative
route school administrator preparation program and all such programs shall meet
state board
approved PK-12 building or
central office standards. The
superintendent of public instruction may issue a school administrator
(1246(1)(b)) certificate with the appropriate endorsement or endorsements to an
applicant who pays the applicable evaluation fee if the department has received
documentation of all of the following:
(a) Either of the following:
(i) (2) A Michigan approved alternative route school
administrator preparation program. may admit a candidate to obtain a
school administrator (1246(1)(b)) certificate and endorsement based on the
assessment of a standards-based portfolio under either of the following
categories:
(a) Category 1: A
candidate possesses The applicant
earned a master’s or higher degree
from a regionally an accredited college or university.
(A)(i)
Successful experience as a PK-12 school administrator.
(B)(ii)
Successful experience as a central office school administrator.
(C)(iii)
Management or leadership experience in a field or fields other than PK-12 or
central office administration.
(b) The applicant
completed (3) A candidate admitted under subrule (2)(a) or (b)(iii) of
this rule to a Michigan approved alternative route school administrator
preparation program, including shall complete a supervised
internship as determined by the alternative route provider’s approved
program.
(c) The approved provider recommended the applicant for school administrator certification and endorsement.
(d) For an application submitted on or after the effective date of this subdivision, the applicant earned a passing score on the appropriate available school administrator examination approved by the superintendent of public instruction.
(2)(4) The
superintendent of public instruction may issue An alternative route
provider may recommend a candidate who possesses successful and valid
experience for the a school administrator (1246(1)(b)) certificate with
the appropriate endorsement or endorsements to an applicant who pays the
applicable evaluation fee if the department has received documentation of all
of the following:
(a) An approved
alternative route school administrator preparation program provider recommended
the applicant for school administrator certification and endorsement. if the alternative route provider determines that the
candidate
(b) meets The
applicant meets all all state board approved alternative route school
administrator preparation program standards.
(c) either by program completion or by passing For
an application submitted on or after the effective date of this subdivision,
the applicant earned a passing score on the appropriate available a school
administrator examination as approved by the superintendent of public
instruction, and that the candidate completed a supervised internship if
required by subrule (3) of this rule.
(5) A candidate who does not meet all state board
approved standards upon review of experience shall complete additional
preparation based on the alternative route provider’s assessment of the
standards-based portfolio and an individualized professional development plan.
(6) An assigned mentor or
coach with expertise and school administrator experience shall support an
alternative route school administrator preparation program participant.
(7) An alternative route
provider shall annually evaluate mentor or coach effectiveness.
(8) An individual who
completes a Michigan approved alternative route school administrator
preparation program shall apply to the department for a school administrator
(1246(1)(b)) certificate.
(9) The Michigan approved
alternative route school administrator preparation program provider shall
recommend that the superintendent of public instruction issue a school
administrator (1246(1)(b)) certificate to the applicant.
(10) The superintendent of
public instruction may issue a school administrator (1246(1)(b)) certificate
based on the recommendation of the Michigan approved alternative route school
administrator preparation program provider.
R 380.106 Out-of-state certificate
and program applicant for school administrator
(1246(1)(b)) certificate.
Rule 6. (1) Subject to
subrule (3) of this rule and R 380.123, the The superintendent of
public instruction may issue a accept a school administrator
certificate from another state or a foreign country as a basis
for issuance to an applicant of a comparable Michigan school administrator
(1246(1)(b)) certificate. with an appropriate endorsement or
endorsements to an applicant who has paid the applicable evaluation fee if the
department has received documentation of both of the following:
(a)(2) An Either of the following:
(i) An out-of-state certificating authority issued a school administrator certificate to the applicant at any time based on satisfaction of requirements for school administrator certification the superintendent of public instruction considers equivalent to those in effect in this state.
(ii) The applicant satisfactorily for a school administrator
(1246(1)(b)) certificate who has completed an out-of-state school
administrator preparation program with requirements the superintendent
of public instruction considers equivalent to those in effect in this state
that lead to school administrator certification shall present to the
department evidence of state approval of the program.
(b) Either of the following:
(i) For an application submitted on or after the effective date of this paragraph, the applicant passed the appropriate available school administrator examination approved by the superintendent of public instruction.
(ii) The applicant had 3 years of successful out-of-state school administrator experience, as determined by the superintendent of public instruction, while holding a school administrator certificate that was valid in that state.
(2) Subject to subrule (3) of this rule and R 380.123, the superintendent of public instruction may issue an endorsement on a valid or expired Michigan school administrator certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following:
(a) Either of the following:
(i) The applicant holds a valid or expired out-of-state school administrator certificate with the endorsement or its equivalent.
(ii) The applicant completed an out-of-state program with requirements the superintendent of public instruction considers equivalent to those in effect in this state that lead to the endorsement.
(b) Either of the following:
(i) For an application submitted on or after the effective date of this paragraph, the applicant passed the appropriate available school administrator examination approved by the superintendent of public instruction.
(ii) The applicant had 3 years of successful out-of-state school administrator experience, as determined by the superintendent of public instruction, while holding a school administrator certificate with the endorsement or its equivalent that was valid in that state.
R
380.107 Expiration of school School administrator certificate
issuance and expiration.
Rule 7. (1) A school administrator certificate issued under this code is valid as determined by its issue date and expiration date as set forth in this rule and by action taken under R 380.121 to R 380.136. An applicant for and the holder of a school administrator certificate and the employer shall be familiar with the specific requirements and expiration date of the certificate.
(2) A school administrator certificate or renewal issued
under this code expires 5 years from after June 30 of the
calendar year of issuance.
(2) A school administrator certificate holder and an
employer shall be familiar with the requirements and expiration date of the
certificate.
(3) The superintendent of public instruction shall not issue a school administrator certificate until payment of the fee required by section 1538 of the act, MCL 380.1538.
R 380.108 Selection criteria; recommendations; rules as minimum requirements.
Rule 8. (1) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider that recommends candidates for school administrator certificates shall establish selection criteria that ensure that it admits only qualified candidates to its program and that it recommends only qualified candidates for certification or additional certificate endorsements.
(2) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider shall not recommend candidates for school administrator certification or for endorsement in areas in which it does not have approved programs.
(3) An approved traditional school administrator preparation program provider or approved alternative route school administrator preparation program provider shall not make a recommendation concerning a school administrator certificate before both of the following:
(a) Subject to R 380.105(2), the applicant’s satisfactory completion of an approved traditional school administrator preparation program or an approved alternative route school administrator preparation program.
(b) For applications submitted on or after the effective date of this subdivision, the applicant’s passing of appropriate available school administrator examinations approved by the superintendent of public instruction.
(4) The requirements in this code are minimum requirements. An approved traditional school administrator preparation program or an approved alternative route school administrator preparation program provider may have additional requirements that exceed the requirements of this code.
(5) The superintendent of public instruction may determine the criteria for evaluating certification of candidates prepared by out-of-state programs in accordance with the law of this state, including R 380.106.
R 380.109 Renewal of school administrator certificate.
Rule 9. (1) Subject to
subrules (2) and (3) of this rule, the The superintendent of public
instruction may issue a renewal of renew a school administrator
certificate to an applicant who pays the applicable evaluation fee if the
department has received documentation that upon the applicant's
completion, since the issuance of the most recent school administrator
certificate or renewal, the applicant completed of any
combination of education-related professional learning hours, as defined in
R 380.101, totaling 150 hours.
(2) Holding a valid Michigan professional or standard teaching certificate satisfies the requirements of subrule (1) of this rule.
(3) The superintendent of
public instruction may issue one 5-year renewal of a An individual who
holds an expired Michigan school administrator certificate to an
applicant who pays the applicable evaluation fee if the department has received
documentation that the applicant holds and a valid out-of-state
school administrator certificate is eligible, upon application to the
department, for one 5-year renewal of the Michigan school administrator
certificate. The requirements of subrule (1) of this rule do not apply to the
1-time renewal under this subrule.
R 380.110 Members of the armed forces and uniformed services, veterans, and
dependents.
Rule 10. (1) As used in this rule:
(a) “Armed forces” means the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, or other military force designated by the United States Congress as a part of the Armed Forces of the United States, including the reserve components.
(b) “Dependent” means a spouse, surviving spouse, child who is less than 26 years of age, or surviving child who is less than 26 years of age.
(c) “Uniformed services” means the Commissioned Corps of the United States Public Health Service and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
(d) “Veteran” means that term as defined in section 1 of 1965 PA 190, MCL 35.61.
(2) If either of the following individuals serves a period of active duty during the time period of a certificate issued under these rules, the individual may file a request with the department that the superintendent of public instruction determine that all or part of the period of active duty satisfies some or all of the requirements for renewal of the certificate:
(a) A member of the armed forces or uniformed services.
(b) A veteran.
(3) The following individuals may file a request with the department for refund of an evaluation fee paid during the immediately preceding 1-year period under section 1538 of the act, MCL 380.1538, and for a voucher in the amount of the cost of an examination required under these rules, to be presented at the time of registration for the examination:
(a) A member of the armed forces or uniformed services.
(b) A veteran.
(c) A dependent of a member of the armed forces or of the uniformed services.
(d) A dependent of a veteran.
R 380.111 Standards and
approval of providers and programs. School administrator preparation
program providers; standards and approval.
Rule 11. (1) The state board
shall approve standards for reviewing approving providers,
traditional school administrator preparation programs, and alternative
route school administrator preparation programs.
(2) The superintendent of
public instruction shall approve providers, traditional school
administrator preparation program providers programs, and alternative
route school administrator preparation programs in accordance with state
board approved standards and in accordance with subrule (3) of this rule.
(3) Continued approval of a provider
of a traditional school administrator preparation program or an alternative
route school administrator preparation program by the superintendent of
public instruction requires that the provider be accredited national
accreditation of the preparation program provider by an accrediting body
recognized by the United States Department of Education or that a
recommendation for approval to the superintendent of public instruction from a
state review process initiated as an appeal of an accreditation
decision recommend approval by the superintendent of public instruction.
R 380.111b Professional learning enhancement.
Rule 11b. (1) The department
shall establish standards for approval of, and shall approve, established state
professional organizations' performance-based professional learning programs
and professional learning enhancements that offer professional learning
enhancements for issuance on school administrator certificates under
section 1536(5) of the act, MCL 380.1536.
(2) UponOn
request of the superintendent of public instruction, an established state
professional organization shall present to the department evidence of the
program descriptors and performance measures of its professional learning enhancement
program.
(3) The superintendent of
public instruction may issue a professional learning enhancement on a valid
or expired school administrator certificate with an appropriate
endorsement after the certificate holder’s successful completion of an
approved professional learning enhancement program.
(4) A professional learning enhancement on a school administrator certificate is valid for the period that the school administrator certificate is valid, including renewal periods.
R 380.112 Approved school
administrator preparation program providers; experimental
programs.
Rule 12. The superintendent
of public instruction, at the request of a college or university that is an
approved school administrator preparation program provider, may waive
for a specific time particular requirements of this code for an experimental traditional
school administrator preparation program. The request must provide
sufficient detail to allow assessment of the proposed experimental program and
comparison with the provider’s approved traditional school administrator
preparation program. If the superintendent of public instruction grants the
request, the provider shall objectively evaluate and report to the department
on the effectiveness of the experiment for the time period of the waiver. The
superintendent of public instruction may renew the waiver if evaluation data
provide evidence of value.
R
380.116 School administrator substitute permit.
Rule 16. (1) On payment of
the applicable evaluation fee, the The superintendent of public
instruction may issue an initial school administrator substitute permit
to a an applying school district under this rule only if that
verifies all of the following apply:
(a) The individual who applies for the permit on behalf of the school district is not the individual whom the school district will employ as a superintendent, principal, or assistant principal, or in a position with primary responsibility for administering instructional programs under the permit.
(b) The school district
certifies that an An appropriately certificated and endorsed school
administrator is not available for the assignment.
(c) The individual whom the
school district will employ under the permit earned a baccalaureate or higher
degree at a regionally an accredited college or university.
(d) The school district assigns
will assign a mentor to the individual whom it will employ under the
permit.
(e) The department receives
the fee for an approved permit prior to the first day the individual is in the
assignment.
(2) In addition to obtaining
a school administrator substitute permit under this rule for any other
individual who is not appropriately certificated, a school district shall
obtain a school administrator substitute permit for a school
administrator employed under section 1246(3) of the revised school code,
1976 PA 451act, MCL 380.1246.
(3) Upon application by
the employing school district and On payment of the appropriate applicable
evaluation fee, the superintendent of public instruction may renew issue
to an applying school district a renewal of a school administrator substitute
permit under this rule not more than 3 times to place the same individual in
the permitted assignment area if the school district verifies both of the
following. The following requirements apply at the time of the
application for renewal:
(a) For the first renewal, the
employing school district shall certify all of the following:
(i) A formal observation of
the individual in the previous school year resulted in a comprehensive
evaluation rating of effective or highly effective.
(ii) The individual enrolled in an approved traditional school administrator preparation program or approved alternative route school administrator preparation program within 6 months of employment.
(iii) The individual presented a traditional school administrator preparation program course of study or an alternative route school administrator preparation program course of study to the employing school district.
(b) For each subsequent
renewal, the employing school district shall certify that the individual
has made progress toward program completion as defined by the superintendent of
public instruction.
(4) Subject to Unless
a shorter validity period is required by section 1246(3) of the revised
school code, 1976 PA 451act, MCL 380.1246, a school administrator substitute
permit or renewal is valid from the issue date to the end of August
31 immediately following the academic school year specified listed
on the permit.
(5) Subject to subrule (7) of
this rule, the superintendent of public instruction may refuse to grant, refuse
to renew, or revoke a school administrator substitute permit under this
rule for 1 of the following reasons:
(a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the permit.
(b) Conviction of the
individual for whom a school district requests the permit for a crime described
in section 1535a of the revised school code, 1976 PA 451act, MCL
380.1535a.
(c) Failure to satisfy the requirements for the permit.
(d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.
(6) The superintendent of
public instruction may rescind a school administrator substitute permit
at the request of the employing school district.
(7) The superintendent of public instruction shall refuse to grant, refuse to
renew, or revoke a school administrator substitute permit if the
criminal history of the individual for whom a school district requests it
includes conviction of a listed offense.
R 380.121 Denial,
suspension, or Suspension of, revocation of, imposition of
conditions
on, or denial of renewal of school administrator certificate.
Rule 21. (1) The
superintendent of public instruction may refuse to grant, refuse to renew,
suspend, revoke, or impose reasonable conditions on, or deny renewal
of a school administrator certificate for either of the following
reasons:
(a) The holder of the
certificate engaged in fraud Fraud, material misrepresentation, or
concealment or omission of fact in the application for or the use of a credential
issued to the individual by the superintendent of public instruction school
administrator certificate.
(b) The holder of the
certificate was convicted Conviction of a crime described in section
1535a or 1539b of the revised school code, 1976 PA 451act, MCL
380.1535a and 380.1539b.
(2) The superintendent of
public instruction may refuse to grant or renew a school administrator
certificate for failure of the applicant to meet the requirements for the
certificate. After notice and an opportunity for a hearing, which the holder
shall request within 15 business days after receipt of the notice, the
superintendent of public instruction may rescind, suspend, or revoke a school
administrator certificate for failure of the holder to meet the requirements
for the certificate. If the holder does not timely request a hearing, the
superintendent of public instruction shall rescind, suspend, or revoke the
school administrator certificate.
R 380.122 Notice of basis for action; notice of right to hearing; informal conference;
referral for hearing.
Rule 22. Subject to summary suspension under section 1535a(2) or 1539b(2) of the act, MCL 380.1535a and 380.1539b, all of the following apply to action taken under R 380.121:
(a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a school administrator certificate issued by the superintendent of public instruction includes conviction of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.
(b) On receipt of notice of a basis for action under R 380.121(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the school administrator certificate in writing of all of the following:
(i) Because of the conviction or because of the identified reason under R 380.121(a), the superintendent of public instruction may suspend, revoke, impose conditions on, or deny renewal of the school administrator certificate.
(ii) The holder has the right to a hearing.
(iii) If the holder does not request a hearing within 15 business days after receipt of notice of the right to a hearing, the superintendent of public instruction shall suspend or deny renewal of the school administrator certificate.
(iv) If the holder requests a hearing within 15 business days after receipt of the notice, there must be an informal conference.
(c) The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules.
(d) Not more than 15 business days after receipt of the notice under subdivision (b) of this rule, the holder of the school administrator certificate shall request a hearing. If the holder does not timely request a hearing, the superintendent of public instruction shall suspend or deny renewal of the school administrator certificate.
(e) If the holder of the school administrator certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the holder of the date and time of an informal conference. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.
(f) After the informal conference and consideration of the documentation and other information presented, the department may recommend that the superintendent of public instruction take no action against or grant renewal of the school administrator certificate or that there be a settlement or conditional agreement. The superintendent of public instruction shall approve, modify, or deny the recommendation of the department.
(g) If the superintendent of public instruction or designee decides to refer the case to the Michigan office of administrative hearings and rules for hearing following the informal conference, the department shall make the referral.
R 380.123 Investigation
Denial or rescission of school administrator certificate or
endorsement.
Rule 23. The superintendent
of public instruction shall designate an employee of the department to perform
the investigatory and prosecutorial functions regarding cases pertaining to
school administrator certification. Upon receipt of information that may serve
as the basis for refusal to grant, refusal to renew, suspension of, or
revocation of a school administrator certificate, the designee of the
superintendent of public instruction shall initiate an investigation of that
information.(1) The
superintendent of public instruction may deny an individual’s application for a
school administrator certificate or endorsement for any of the following
reasons:
(a) The applicant engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a credential, including an endorsement, issued to the applicant by the superintendent of public instruction.
(b) The applicant was convicted of a crime described in section 1535a or 1539b of the act, MCL 380.1535a and 380.1539b.
(c) The applicant does not meet the requirements for the school administrator certificate or endorsement.
(d) An out-of-state certificating authority took action against an educator credential issued at any time to the applicant by that authority.
(2) After notice and an opportunity to show compliance, the superintendent of public instruction may rescind a school administrator certificate or endorsement issued to an individual by the superintendent of public instruction for failure of the individual to meet the requirements for the school administrator certificate or endorsement.
R 380.124 Notice of basis
for action; notice of right to hearing; informal conference to show compliance;
referral for hearing Investigation.
Rule 24. Subject to
summary suspension under section 1535a(2) or 1539b(2) of the revised school
code, 1976 PA 451, MCL 380.1535a and 380.1539b, all of the following apply to
action taken under R 380.121(1)(a) or (b):
(a) Not more than 7 calendar
days after receiving notice that the criminal history of an applicant for or
the holder of a school administrator certificate includes conviction of a crime
described in section 1535a or 1539b of the revised school code, 1976 PA 451,
MCL 380.1535a and 380.1539b, the department shall request from the court a
certified copy of the judgment of conviction and sentence or other document
regarding disposition of the case.
(b) Upon receipt of notice
of a basis for action under R 380.121(1)(a), or not later than 10 business days
after receiving documentation of a conviction under subdivision (a) of this
rule, the department shall notify the applicant for or the holder of the school
administrator certificate in writing of all of the following:
(i) Because of the
conviction or because of the identified reason under R 380.121(1)(a), the
superintendent of public instruction may deny, suspend, or revoke the school
administrator certificate.
(ii) The applicant or the
holder has the right to a hearing.
(iii) If the applicant or
the holder does not request a hearing within 15 business days after receipt of
notice of the right to a hearing, the superintendent of public instruction will
deny or suspend the school administrator certificate.
(iv) If the applicant or the
holder requests a hearing within 15 business days after receipt of the notice,
there will be an informal conference to show compliance.
(c) The notice under
subdivision (b) of this rule must include a copy of applicable statutes and
rules.
(d) Not later than 15
business days after receipt of the notice under subdivision (b) of this rule,
the applicant for or the holder of a school administrator certificate shall
request a hearing. If the applicant or the holder does not timely request a hearing,
the superintendent of public instruction shall deny the initial or renewed
school administrator certificate or shall suspend the school administrator
certificate.
(e) If the applicant for or
the holder of a school administrator certificate timely requests a hearing
under subdivision (d) of this rule, the department shall immediately notify the
applicant or the holder of the date and time of an informal conference to show
compliance. Unless otherwise agreed, the informal conference to show compliance
is a telephone conference with an authorized representative of the
superintendent of public instruction.
(f) After the informal
conference to show compliance and consideration of the evidence presented, the
superintendent’s designee may recommend referral of the matter to the Michigan
office of administrative hearings and rules for hearing or may recommend a
finding of compliance or a written settlement of the matter. The superintendent
of public instruction shall approve, modify, or deny a recommended finding of
compliance or written settlement.
(g) If there is no finding
of compliance or written settlement of the matter following the informal
conference to show compliance, the department shall refer the case to the
Michigan office of administrative hearings and rules for
hearing. An
authorized representative of the department shall perform the investigatory and
prosecutorial functions regarding cases pertaining to school administrator
certificates and endorsements issued by the superintendent of public
instruction. On receipt of information that may serve as the basis for
suspension, revocation, denial, refusal to renew, or rescission of a school
administrator certificate or endorsement, the authorized representative shall
initiate an investigation of that information.
R 380.125 Reinstatement of suspended or revoked school administrator certificate.
Rule 25. (1) Unless the superintendent of public instruction suspended or revoked an individual’s school administrator certificate based on conviction of a listed offense, the individual may file with the department a request for reinstatement of the school administrator certificate that was suspended or revoked under these rules.
(2) If the superintendent of public instruction suspended or revoked the school administrator certificate under R 380.121(a), all of the following apply:
(a) The individual shall provide to the department documentation and other information that demonstrates that the individual is currently fit to serve in a school or school district in this state and that reinstatement of the school administrator certificate will not adversely affect the health, safety, and welfare of pupils or the integrity of the administration of schools or school districts in this state.
(b) If the superintendent of public instruction suspended or revoked the school administrator certificate pursuant to an agreement between the department and the individual, the individual shall provide to the department documentation and other information that establishes satisfaction of the conditions set forth in the agreement.
(c) Not more than 30 calendar days after receipt of the request for reinstatement, the department shall notify the individual in writing of all of the following:
(i) The individual has the right to a hearing.
(ii) If the individual does not request a hearing within 30 calendar days after receipt of notice of the right to a hearing, the superintendent of public instruction shall dismiss the request for reinstatement of the school administrator certificate.
(iii) If the individual requests a hearing within 30 calendar days after receipt of the notice, there must be an informal conference on the request for reinstatement.
(d) Not more than 30 calendar days after receipt of the notice described in subdivision (c) of this subrule, the individual shall request a hearing. If the individual does not timely request a hearing, the superintendent of public instruction shall dismiss the request for reinstatement of the school administrator certificate.
(e) If the individual timely requests a hearing, the department shall immediately notify the individual of the date and time of an informal conference on the request for reinstatement. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.
(f) After the informal conference and consideration of the documentation and other information presented, the department shall recommend that the superintendent of public instruction reinstate or deny reinstatement of the school administrator certificate. Based on consideration of the recommendation and the documentation and other information presented, the superintendent of public instruction shall reinstate or deny reinstatement of the school administrator certificate. The superintendent of public instruction shall not reinstate the school administrator certificate unless the superintendent of public instruction finds that the individual is currently fit to serve in a school or school district in this state and that reinstatement will not adversely affect the health, safety, and welfare of pupils or the integrity of the administration of schools or school districts in this state.
(g) If the superintendent of public instruction does not reinstate the school administrator certificate under subdivision (f) of this subrule, the department shall refer the request to the Michigan office of administrative hearings and rules for hearing.
(3) If the superintendent of public instruction suspended or revoked the school administrator certificate under R 380.121(b), not more than 30 calendar days after receipt of a request for a hearing on reinstatement, the department shall refer the request to the Michigan office of administrative hearings and rules under section 1535a(5) or section 1539b(5) of the act, MCL 380.1535a and 380.1539b.
R 380.130 Removal of suspension or revocation of school administrator certificate
after conviction set aside, expunged, or dismissed.
(a) The suspension or revocation was based solely on a criminal conviction under section 1535a or section 1539b of the act, MCL 380.1535a and 380.1539b.
(b) The holder of the school administrator certificate files with the department a request for removal of the suspension or revocation that includes documentation satisfactory to the department that the conviction was set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged or dismissed by a court of competent jurisdiction.
(c) If the conviction was set aside under section 1g of 1965 PA 213, MCL 780.621g, and the judgment of sentence included an order of restitution, the request for removal includes verification that the individual has fully paid court-ordered restitution or has made a good faith effort to do so.
(2) Removal of a suspension or revocation under this rule does not relieve the holder of the school administrator certificate of the responsibility to comply with all legal requirements for renewal of the school administrator certificate.
(3) This rule does not preclude the superintendent of public instruction from taking action against a school administrator certificate under R 380.121, or from denying or rescinding a school administrator certificate or endorsement under R 380.123, for a reason other than a conviction that was set aside or otherwise expunged or dismissed.