DEPARTMENT OF EDUCATION

 

SUPERINTENDENT OF PUBLIC INSTRUCTION

 

TEACHER 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 section 1 of article I of 1937 (Ex. Sess.) PA 4, MCL 38.71, and sections 1157, 1531, 1531i, 1531k, 1535a, and 1539b of the revised school code, 1976 PA 451, MCL 380.1157, 380.1531, 380.1531i, 380.1531k, 380.1535a, and 380.1539b, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and 388.994)

 
 

R 390.1101, R 390.1103, R 390.1105, R 390.1111, R 390.1115, R 390.1117, R 390.1118, R 390.1122a, R 390.1123, R 390.1125, R 390.1129, R 390.1129b, R 390.1130, R 390.1133, R 390.1135, R 390.1137, R 390.1138, R 390.1141, R 390.1142, R 390.1143, R 390.1145, R 390.1151, R 390.1152, R 390.1153, R 390.1161, R 390.1165, R 390.1167, R 390.1201, R 390.1203, and R 390.1204 of the Michigan Administrative Code are amended, R 390.1119, R 390.1144, R 390.1205, R 390.1208, and R 390.1211 are added, and R 390.1163 and R 390.1164a are rescinded, as follows:

 
 
PART 1. GENERAL PROVISIONS

 

R 390.1101  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) “Alternative route program provider” means an entity approved by the superintendent of public instruction to provide teacher certification alternative route programs under section 1531i of the revised school code, 1976 PA 451act, MCL 380.1531i.

  (d) “Appropriate placement” means placement within a grade level and discipline area as determined appropriate by the superintendent of public instruction.

  (e) “Clinical experience” means structured, supervised activity in an instructional setting in which a teacher certification candidate may gain experience in the practice of teaching, as determined by the superintendent of public instruction.

 

  (b) “Annual district provided professional development” means Michigan annual district provided professional development required by section 1527 of the revised school code, 1976 PA 451, MCL 380.1527.

  (c) “Certificate endorsement” means a discipline area that a teacher may teach at specific grade levels based on completion of an appropriate program and passing the examination or examinations required by section 1531 of the revised school code, 1976 PA 451, MCL 380.1531.

  (f)(d) “Course of study” means a cohesive, standards-based planned program that provides knowledge and skill for specialization in a discipline area or areas and supports the practice of teaching or the professional career development of the teacher.

  (g)(e) “CTE” means career and technical education and includes vocational and occupational education.

  (h) “CTE classification of instructional programs (CIP) code” means the code of a career development area or a CTE program under the taxonomy published by the National Center for Education Statistics, or its successor agency, of the United States Department of Education.

  (i)(f) “Department” means the Michigan department of education unless otherwise indicated.

  (j)(g) “Discipline area” means a content area, a subject area, or an education field, including a CTE classification of instructional programs (CIP) code, for which endorsement is available.

  (k)(h) “Education-related professional learning” means an educational opportunity intended to improve that improves a teacher’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 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.

   (iii) Annual Michigan annual district provided professional development hours.

   (iv) Valid certification by the National Board for Professional Teaching Standards (NBPTS) or its successor agency, with valid NBPTS certification being equivalent to 150 education-related professional learning hours.

  (l) “Educator preparation institution” means a baccalaureate degree-, or higher, granting institution that is approved to recommend applicants for certificates and endorsements under this code.

  (m) “Educator preparation provider” means an educator preparation institution or an alternative route program provider.

  (n)(i) “Elementary grade level authorization endorsement” means an authorization on a certificate endorsement to teach designated a specified discipline area areas in any grade or a specified grade range band from prekindergarten birth to grade 8 6.

  (j) “Field experience” means structured, supervised activity in an instructional setting in which a teacher certification candidate may gain experience in the practice of teaching.

  (o) “Endorsement” means a discipline area that a teacher may teach, as specified on a certificate, in the specific grade band, if any, specified on the certificate, based on completion of an appropriate program and passing the appropriate available examination as required by section 1531 of the act, MCL 380.1531.

  (p)(k) “Listed offense” means that term as defined in section 1535a of the revised school code, 1976 PA 451act, MCL 380.1535a.

  (q) “Michigan annual district provided professional development” means Michigan annual district provided professional development as required by sections 1526 and 1527 of the act, MCL 380.1526 and 380.1527.

  (r)(l) “Michigan teaching certificate” means any of the following:

   (i) An interim teaching certificate.

   (ii) A standard teaching certificate.

   (iii) A professional teaching certificate.

   (iv) An advanced professional teaching certificate.

   (v) A standard CTE certificate, formerly.  (Formerly the temporary vocational authorization and the interim occupational certificate. (No longer issued.)

   (vi) A professional CTE certificate, formerly.  (Formerly the occupational education certificate. (No longer issued.)

   (vii) A temporary teaching certificate.

   (viii) A continuing certificate. (No longer issued.)

   (ix) A life certificate. (No longer issued.)

   (x) A permanent certificate. (No longer issued.)

   (xi) A temporary or full vocational authorization. (No longer issued.)

   (xii) An initial certificate entitled “provisional certificate.” (No longer issued.)

   (xiii) A certificate entitled “interim occupational certificate.” (No longer issued.)

  (m) “Nationally accredited” means accredited as a teacher preparation provider by an accrediting body with which the department has a state agreement and that the Council for Higher Education Accreditation or the United States Department of Education recognizes.

  (s)(n) “Nonpublic school” means a private, denominational, or parochial school.

  (t) “Out-of-state” means of a political subdivision of the United States, other than this state, of a federally recognized Native American tribe, or of a foreign country or a political subdivision of a foreign country.

  (u)(o) “PK-12 grade level authorization endorsement” means an authorization on a certificate endorsement to teach designated a specified discipline area areas in any grade or the grade range from band of prekindergarten to grade 12.

  (p) “Provider” means a teacher preparation institution or an agency that provides an approved alternative route program.

  (q) “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.

  (v)(r) “Satisfactory college semester credit hours” means a grade of C or better or the equivalent.

  (s) “Satisfactory teaching performance” means performance rated as effective or highly effective in year-end evaluations under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.

  (w)(t) “School district” means a local school district established under the revised school code, 1976 PA 451act, MCL 380.1 to 380.1852, an intermediate school district established under part 7 of the revised school code, 1976 PA 451act, MCL 380.601 to 380.705, a public school academy established under part 6a of the revised school code, 1976 PA 451act, MCL 380.501 to 380.507, an urban high school academy established under part 6c of the revised school code, 1976 PA 451act, MCL 380.521 to 380.529, a school of excellence established under part 6e of the revised school code, 1976 PA 451act, MCL 380.551 to 380.561, and a strict discipline academy established under sections 1311b to 1311m of the revised school code, 1976 PA 451act, MCL 380.1311b to 380.1311m.

  (x)(u) “Secondary grade level authorization endorsement” means an authorization on a certificate endorsement to teach designated a specified discipline area areas in any grade or a specified grade range band from grade 6 5 to grade 12.

  (y)(v) “Standard teaching certificate” means the provisional certificate that the superintendent of public instruction issues to an individual who holds at least a bachelor’s degree, has completed a state approved teacher educator preparation program, and has met all requirements set forth in this code and the revised school code, 1976 PA 451, MCL 380.1 to 380.1852 act.

  (z)(w) “State board” means the Michigan state board of education.

  (x) “State board approval” means a license, certificate, approval not requiring a teaching certificate, or other evidence of qualifications to hold a particular position in a school district or nonpublic school, other than a teaching certificate, that the superintendent of public instruction issues to an individual.

  (aa)(y) “State continuing education clock hours” means hours of professional development issued through a process established and approved by the superintendent of public instruction.

  (z) “Teacher preparation institution” means a baccalaureate or higher degree granting institution that is state approved to recommend applicants for the several certificates and certificate endorsements under this code.

  (bb)(aa)Validity Valid” means within the time period, grade level, and discipline area of the credential and not suspended, revoked, rescinded, or nullified a certificate, permit, or authorization.

 

R 390.1103  Successful teaching.

  Rule 3. The determination of successful (1) Successful teaching specified in this code is according to all of the following:

  (a) Successful experience must be with is teaching for 1 or more employers in an appropriate placement or appropriate placements a teaching capacity within the validity of a with instructional responsibilities while holding a valid standard level teaching certificate.

  (2)(b) A For purposes of determining successful teaching, 1 year of employment is a minimum of 150 instructional days and may be either an academic or a calendar year, but an individual shall may not earn more than 1 year of employment during an academic or a calendar year. An individual may accumulate a 1 year of employment over a period of years.

  (3)(c) An For purposes of determining successful teaching, an instructional day is 6 or more hours during which teachers provide instruction to or have contact with students. A combination of 2 partial instructional days of not less than 3 hours equals 1 day.

 

R 390.1105  Individuals required to hold certificates or permitsCredential requirements.

  Rule 5. (1) Unless otherwise provided in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852 act, a school district or nonpublic school shall not assign an individual employed as a teacher in any of grades K to 12 with instructional responsibilities shall hold unless both of the following are satisfied:

   (a) One of the following:

    (i) The individual holds a valid teaching certificate,.

    (ii) The school district or nonpublic school holds a valid permit allowing the individual’s placement.

    (iii) The school district or nonpublic school holds a valid, or authorization valid for the assignment allowing the individual’s placement.

   (b) The assignment is an appropriate placement.

  (2) A teacher of a program reimbursed from CTE funds shall meet the minimum qualifications for endorsement or authorization in the particular occupational education field as the superintendent of public instruction specifies.

  (3) A teacher in a reimbursed program in special education shall meet the minimum qualifications for certification, endorsements, or approvals when law requires in the particular special education field, as the superintendent of public instruction specifies.

  (4) A teacher aide, instructional support paraprofessional, classroom assistant, secretary to instructional personnel, or other paraprofessional legally employed in a non-instructional capacity does not require certification as a teacher.

 

R 390.1111  Equality of Fair opportunity.

  Rule 11. (1) All students in educational programs at any level and irrespective of their English language proficiency shall have equal fair access to opportunities to maximize their full development in a democratic society. Each Michigan teacher educator preparation institution provider in this state shall provide prospective teachers access to theoretical knowledge and practical experiences supporting the vision and principles for universal education and for the appreciation, care, and respect development of cultural competence needed to respect differences and to avert disparate treatment based on race ensure fair opportunities regardless of the prospective educator’s individual identities, including identities based on ethnicity, religion, color, national origin or ancestry, age, gender preference identity, sexual orientation, physical attributes, marital status, and visible or invisible disability status.

(2) An applicant for certification who is otherwise qualified has the right to certification by the superintendent of public instruction, to receive training for the purpose of becoming a teacher, and to engage in supervised directed teaching in any school regardless of whether the applicant is a person with a disability. A school district or nonpublic school shall not refuse to engage a teacher who is a person with a disability on such grounds if the teacher is able to carry out the duties of the position for which the teacher applies.

 

R 390.1115  Examination scores.

  Rule 15. For the purpose of initial certification, authorization, or endorsement, passing scores on the examinations under as required by section 1531 of the revised school code, 1976 PA 451, act, MCL 380.1531, are valid for 5 years from after the date of testing.

 

R 390.1117  Certificate issuance, restrictions, and expiration.

  Rule 17. (1) A Michigan teaching certificate has certain restrictions as to grade level and discipline area appropriate placement. The applicant or holder and the employer shall be familiar with the specific provisions regarding the validity of the certificate these restrictions.

  (2) Subject to subrules (3), and (4), and (5) of this rule, a Michigan teaching certificate or renewal of a Michigan teaching certificate expires 5 years from after June 30 of the calendar year of issuance.

  (3) A temporary teaching certificate expires 1 year from after the date of issuance.

  (4) Continuing, life, and permanent certificates and full vocational authorizations do not expire.

  (5) An initial certificate entitled “provisional certificate” and a certificate entitled “interim occupational certificate” expire 6 years from June 30 of the calendar year of issuance.

The superintendent of public instruction shall not issue a Michigan teaching certificate until after payment of the applicable evaluation fee as required by section 1538 of the act, MCL 380.1538.

 

R 390.1118  Nullification of teaching certificate or endorsement.

  Rule 18. (1) The holder of a Michigan teaching certificate may request that the superintendent of public instruction to nullify the teaching certificate or certificate endorsement or endorsements under section 1532 of the revised school code, 1976 PA 451act, MCL 380.1532, by submitting a request to the department in the manner established by the department.

(2) Any nullification approved by the superintendent of public instruction takes effect immediately.

(3) The holder of a certificate shall submit a request for nullification in writing to the department . An individual who requests nullification may withdraw the request at any time before the superintendent of public instruction grants it.

(4) The superintendent of public instruction shall not reinstate a nullified certificate, endorsement, or grade level authorization.

 

R 390.1119  Members of the armed forces and uniformed services, veterans, and

  dependents.

  Rule 19. (1) As used in this rule:

   (a) “Armed forces” means the United States Army, Air Force, Navy, Marine Corps, Space Force, 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 1 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 under section 1531 of the act, MCL 380.1531, 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.

 

PART 2. STANDARD TEACHING CERTIFICATE AND INTERIM TEACHING CERTIFICATE

 

R 390.1122a  Interim teaching certificate.

  Rule 22a. (1) The superintendent of public instruction may grant issue an interim teaching certificate with an appropriate endorsement or endorsements to an applicant who pays the applicable evaluation fee and meets all of the requirements of an alternative route program under section 1531i(2) of the revised school code, 1976 PA 451 act, MCL 380.1531i, including demonstration of satisfactory teaching performance.

  (2) Subject to subrule (3) of this rule, an An interim teaching certificate expires 5 years from after June 30 of the calendar year of issuance that the superintendent of public instruction issues the certificate.

  (3) An interim teaching certificate expires if or upon notification by the alternative route program provider to the superintendent of public instruction that the candidate has exited exits the program before completion. The superintendent of public instruction may reinstate an interim teaching certificate that expired under this subrule on request by the alternative route program provider if the candidate returns to the same program. On reinstatement under this subrule, an interim teaching certificate is valid for the amount of time that was left in the validity period under subrule (2) of this rule at the time of expiration under this subrule.

  (3) The superintendent of public instruction shall add no additional endorsements to an interim teaching certificate after issuing the certificate.

  (4) On request by an alternative route program provider, the superintendent of public instruction may issue an endorsement on a valid interim teaching certificate held by an individual who meets the requirements of section 1531i of the act, MCL 380.1531i, in the discipline area and grade range of the alternative additional endorsement program in which the individual is participating.

  (5)(4) The superintendent of public instruction may grant issue an interim teaching certificate to an individual applicant who holds a Michigan teaching certificate other than an interim teaching certificate and is seeking an additional endorsement through an alternative route program under section 1531i of the revised school code, 1976 PA 451, act, MCL 380.1531i. The individual may hold the Michigan teaching certificate and the interim teaching certificate at the same time.

  (6)(5) An interim teaching certificate is nonrenewable.

 

R 390.1123  Standard teaching certificate; preparation program requirements.

  Rule 23. (1) Subject to subrule (2) of this rule R 390.1161, the superintendent of public instruction may issue a standard teaching certificate to an applicant for a standard teaching certificate shall who has paid the applicable evaluation fee if the department has received the recommendation of an educator preparation institution under R 390.1125 based on the applicant’s satisfactory completion of satisfactorily complete an approved program in teacher educator preparation that includes all of the following:

   (a) At least 20 semester credit hours of instruction in theoretical and practical knowledge reflecting state board approved standards and related proficiencies required of entry level teachers.

   (b) Supervised directed teaching. All of the following apply:

    (i) Supervised directed teaching must engage applicants in practical experiences that reflect and support the standards and related proficiencies for entry level teachers.

    (ii) Supervised directed teaching must be for a minimum duration of 12 weeks and for a minimum of 6 semester credit hours, with 30 clock hours of classroom teaching and observation under the supervision of a teacher preparation institution being equivalent to 1 semester credit hour of supervised directed teaching engage a candidate in a minimum of 300 hours of student contact as defined by the department.

    (iii) Supervised directed teaching must be in the grade range and discipline area for which the superintendent of public instruction is to grant issue an endorsement.

    (iv) Based on the recommendation of the superintendent of an employing school district or nonpublic school and the teacher preparation institution, the superintendent of public instruction may waive up to 6 semester credit hours of supervised directed teaching for the initial standard teaching certificate if the applicant satisfies either of the following:

        (A) Holds a master’s or higher degree and has 3 years of successful teaching at the appropriate level.

        (B) Has 5 years of successful teaching at the appropriate level. regular observation by the employer and review by the educator preparation institution, the educator preparation institution may substitute 3 years of teaching in an appropriate placement for the supervised directed teaching required by this subdivision for a standard teaching certificate or endorsement. For purposes of this paragraph, R 390.1103(2) and (3) apply.

   (c) An approved course of study in a certificate endorsement area that includes preparation in discipline area knowledge, pedagogy, and field clinical experiences as defined in state board approved standards and appropriate to the grade level the applicant proposes to teach. All of the following apply:

    (i) The approved course of study must include early and ongoing structured field clinical experiences with diverse student populations and in diverse instructional settings.

    (ii) The superintendent of public instruction may issue a an initial standard teaching certificate with an elementary grade level authorization upon endorsement on satisfaction of all both of the following:

     (A) Completion of an approved course of study in base knowledge appropriate for elementary education, as specified in state board approved standards.

     (B) Completion of an approved course of study in a discipline area appropriate to the elementary grade level, methods coursework appropriate to that area, and appropriate field clinical experiences as specified in state board approved standards.

     (B)(C) A minimum of 6 semester credit hours in the teaching of literacy with appropriate field clinical experiences as specified in state board approved standards.

    (iii) The superintendent of public instruction may issue a an initial standard teaching certificate with a secondary or PK-12 grade level authorization upon endorsement on satisfaction of both of the following:

     (A) Completion of an approved course of study in a discipline area appropriate to the secondary grade level, methods coursework appropriate to that area, and appropriate field clinical experiences as specified in state board approved standards.

     (B) A minimum of 3 semester credit hours in literacy instruction appropriate to the discipline area and appropriate field clinical experiences as specified in state board approved standards.

  (2) Subject to R 390.1161, the superintendent of public instruction may issue a standard teaching certificate Under section 1531i of the revised school code, 1976 PA 451, MCL 380.1531i, to an applicant for a standard teaching certificate shall who has paid the applicable evaluation fee if the department has received the recommendation of an alternative route program provider under R 390.1125 based on the applicant’s satisfactory completion of a program offered by the complete an alternative route program provider that includes all of the following: a minimum of 12 weeks of teaching appropriate to each endorsement recommended by the alternative route program provider.

   (a) An initial 4 weeks of employment supported by intensive observation, mentoring or coaching, and feedback provided by an assigned mentor or coach with experience and expertise in the candidate’s certificate endorsement area or appropriate level of certification.

    (b) An additional 8 weeks of continued supervision, mentoring or coaching, and evaluation.

    (c) A minimum of 12 weeks of teaching appropriate to each endorsement recommended by the alternative route program provider.

    (d) Satisfaction of all other requirements in section 1531i of the revised school code, 1976 PA 451, MCL 380.1531i, including three years of satisfactory teaching performance

 

R 390.1125  Degree; recommendations; rules as minimum requirements.

  Rule 25. (1) An applicant for a standard teaching certificate or standard CTE certificate shall possess a bachelor's degree and shall have the recommendation of a Michigan teacher an educator preparation institution or approved alternative route program provider. A Michigan teacher educator preparation institution may accept a degree from a regionally an accredited institution if the accepting Michigan teacher educator preparation institution determines that the degree is equivalent to that awarded by that institution.

  (2) A teacher An educator preparation institution or approved alternative route program provider that recommends candidates for teaching certificates shall establish selection techniques criteria that ensure that it admits only qualified candidates to its teacher approved educator preparation program programs and that it recommends only qualified candidates for certification or additional certificate endorsements.

  (3) A teacher An educator preparation institution or approved alternative route program provider shall not recommend candidates for certification or endorsement in discipline areas in which it does not have approved programs. The superintendent of public instruction may determine the criteria for accepting certification of candidates prepared by out-of-state teacher preparation providers in accordance with the law of this state.

  (4) A teacher An educator preparation institution or approved alternative route program provider shall make recommendations concerning all certificates for which the superintendent of public instruction approves the teacher educator preparation institution or approved alternative route program provider. A teacher An educator preparation institution or approved alternative route program provider shall not make a recommendation concerning a certificate before satisfaction of all both of the following:

   (a) The applicant’s satisfactory completion of an approved program of the educator preparation provider the teacher preparation program or the approved alternative route program.

   (b) The applicant’s presentation to the teacher preparation institution or alternative route program provider of a valid certificate of completion of a course approved by the superintendent of public instruction in first aid and cardiopulmonary resuscitation as required by section 1531d of the revised school code, 1976 PA 451, MCL 380.1531d.

   (b)(c) The applicant’s passing of appropriate available examinations as required by section 1531 of the revised school code act, MCL 380.1531.

  (5) The requirements in these rules are minimum requirements.  A teacher An educator preparation institution provider may have additional requirements that exceed the requirements of these rules.

  (6) The superintendent of public instruction may determine the criteria for evaluating certification of candidates prepared by out-of-state providers in accordance with the law of this state, including R 390.1130.

 

R 390.1129  Additional endorsements.

  Rule 29. (1) An applicant for an initial standard teaching certificate or a Subject to R 390.1161, the superintendent of public instruction may issue an additional endorsement on holder of a valid or expired Michigan teaching certificate, except an interim teaching certificate, may qualify for another certificate endorsement by presenting evidence of completion of an additional endorsement program with a minimum of 20 semester credit hours. to an applicant who has paid the applicable evaluation fee if both of the following are satisfied:

   (a) The department has received the recommendation of an educator preparation institution under R 390.1125 based on the applicant’s satisfactory completion of an approved additional endorsement program that included

(2) An additional endorsement program includes preparation in theoretical and practical knowledge, discipline area knowledge, pedagogy, and field clinical experience, as defined in state board approved standards. If, for a particular additional endorsement program, state board approved standards do not specify pedagogy and field clinical experience, the additional endorsement program must require pedagogy and field clinical experience no later than the beginning of the fall 2019 semester.

   (b)(3) The applicant passed Upon passing the appropriate available examination under as required by section 1531 of the revised school code, 1976 PA 451 act, MCL 380.1531, if an examination is available and successfully completing credit requirements at a Michigan teacher preparation institution, a candidate may apply for the additional certificate endorsement.

  (2)(4) With the approval of a Michigan teacher educator preparation institution, an individual who is already certified and who wishes to qualify for an additional endorsement may combine coursework to meet preparation standards in the discipline area with already earned semester credit hours to bring the total up to the minimum number of required credits as specified in this rule. When the candidate has completed the required credits and passed the appropriate available examinations under as required by section 1531 of the revised school code, 1976 PA 451 act, MCL 380.1531, the teacher educator preparation institution shall recommend the candidate for the additional endorsement.

  (3)(5) The holder of a Michigan teaching certificate except an interim teaching certificate may qualify for an additional endorsement by presenting evidence of completion of an approved Michigan alternative route program under R 390.1122a.  Subject to R 390.1161, the superintendent of public instruction may issue an additional endorsement on a Michigan teaching certificate, except an interim teaching certificate, to an applicant who has paid the applicable evaluation fee if both of the following are satisfied:

   (a) The department has received the recommendation of an alternative route program provider based on the applicant’s satisfactory completion of a program offered by the alternative route program provider that included both of the following:

    (i) Satisfaction of all requirements in section 1531i of the act, MCL 380.1531i.

    (ii) A minimum of 12 weeks of teaching appropriate to each endorsement recommended by the alternative route program provider.

   (b) The applicant passed the appropriate available examination as required by section 1531 of the act, MCL 380.1531.

 

R 390.1129b  Procedures at expirationRenewal of standard teaching certificate;

  progression to professional teaching certificate.

  Rule 29b. (1) An applicant with a standard teaching certificate may progress to the professional teaching certificate at any time if the applicant has met the requirements of R 390.1133.

  (2) Subject to subrules (4) and (5) of this rule and subject to section 1233(6) to (8) of the revised school code, 1976 PA 451act, MCL 380.1233, if the an applicant who holds a standard teaching certificate does not qualify for the professional teaching certificate, the superintendent of public instruction may grant issue to the applicant a 5-year renewal of the standard teaching certificate if the applicant has paid the applicable evaluation fee and the department has received documentation based upon evidence that, since the issue date of the most recent certificate, the applicant has completed any a combination of education-related professional learning hours totaling 150 hours.

  (2) Additional hours beyond the 150 hours required under subrule (1) of this rule that a certificate holder earns during the time period of a certificate do not apply toward subsequent renewals.

  (3) A The superintendent of public instruction teacher may obtain issue additional 5-year renewals of a standard teaching certificate to an applicant under subrule (2) (1) of this rule on or after January 1 of the year in which the certificate expires.

  (4) Subject to section 1233(6) to (8) of the revised school code, 1976 PA 451, act, MCL 380.1233, the superintendent of public instruction may grant issue one 5-year renewal of a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation that the applicant  based upon the holder’s submission of evidence of having earned at any time an education-related master’s or higher degree.

  (5) Subject to section 1233(6) to (8) of the revised school code, 1976 PA 451, act, MCL 380.1233, the superintendent of public instruction may issue one 5-year renewal of a standard teaching certificate to an applicant a teacher who has paid the applicable evaluation fee holds an expired standard teaching certificate if the department has received documentation that the applicant and holds a valid out-of-state teaching certificate from another state is eligible for one 5-year renewal of the standard teaching certificate.

  (6) An individual who holds a valid or expired standard teaching certificate may progress to the professional teaching certificate at any time after satisfaction of the requirements of R 390.1133.

 

R 390.1130  Reciprocity agreements, foreign programs, andOut-of-state teaching

  certificate and program; temporary teaching certificate.

  Rule 30. (1) The Subject to subrule (5) of this rule and R 390.1204, the superintendent of public instruction may issue a standard teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation of both of the following: enter into written agreements with the states for the mutual acceptance of 1 or more types of teaching certificates issued by each state.

   (a) One of the following:

    (i) An out-of-state certificating authority issued a standard level, or higher, teaching certificate to the applicant at any time based on satisfaction of requirements for certification the superintendent of public instruction considers equivalent to those in effect in this state.

    (ii) The applicant satisfactorily completed an out-of-state program the requirements of which the superintendent of public instruction considers equivalent to those in effect in this state that lead to teacher certification.

   (b) The applicant passed the appropriate available examinations as required by section 1531 of the act, MCL 380.1531.

  (2) Under a reciprocity agreement described in Subject to subrule (1)(5) of this rule and R 390.1204, the superintendent of public instruction may issue a standard professional teaching certificate to an individual applicant who has paid the applicable evaluation fee if the department has received documentation of meets all of the following requirements:

   (a) An out-of-state certificating authority issued a standard level, or higher, teaching certificate to the applicant at any time based on satisfaction of The applicant holds, or is eligible for, a standard level teaching certificate issued by the certificating authority of any other state whose requirements for certification the superintendent of public instruction considers equivalent to those in effect in this state.

   (b) The applicant satisfies the requirements of R 390.1123(1)(c)(ii)(B) or (iii)(B) holds valid first aid and adult and pediatric cardiopulmonary resuscitation certificates as required by section 1531d of the revised school code, 1976 PA 451, MCL 380.1531d.

   (c) The applicant has passed examinations under satisfies all requirements of section 1531 1531(6) of the revised school code, 1976 PA 451 act, MCL 380.1531.

  (3) Under a reciprocity agreement described in Subject to subrule (1)(5) of this rule, the superintendent of public instruction may issue a an endorsement on a valid or expired Michigan professional teaching certificate to an individual applicant who has paid the applicable evaluation fee if the department has received documentation of who meets both of the following requirements:

   (a) A minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with elementary grade level authorization or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with secondary or PK-12 grade level authorization. One of the following:

    (i) The applicant holds a valid or expired out-of-state teaching 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) All requirements set forth in The applicant passed appropriate available examinations as required by section 1531(6) 1531 of the revised school code, 1976 PA 451 act, MCL 380.1531.

  (4) An Subject to subrule (5) of this rule and R 390.1204, the superintendent of public instruction may issue a nonrenewable 1-year temporary teaching certificate to an applicant who has completed an alternative route program approved by an appropriate out-of-state agency may present evidence of successful completion of that program and a valid standard level teaching certificate from that state. has paid the applicable evaluation fee and satisfies the requirements of section 1531(13) of the act, MCL 380.1531.

  (5) An organization approved by the United States Department of Education and by the superintendent of public instruction shall evaluate teacher preparation programs completed in foreign countries in determining eligibility for certification.

  (6) The superintendent of public instruction may issue a nonrenewable 1-year temporary teaching certificate to an individual who satisfies the requirements of section 1531(6) of the revised school code, 1976 PA 451, MCL 380.1531, except for the literacy instruction requirements set forth in this code, or who satisfies the requirements of 1531(16) of the revised school code, 1976 PA 451, MCL 380.1531.  Such individual shall hold a teaching certificate issued by another state, by a United States territory, or by a Canadian province that satisfies standards established by the department An application for a Michigan teaching certificate or endorsement based on a foreign teaching credential must include documentation of credential review by a current member in good standing of an international credential review association approved by the department.

  (6)(7) The superintendent of public instruction may issue a Michigan teaching certificate to an individual who satisfies the requirements of section 1531(6) of the revised school code, 1976 PA 451, MCL 380.1531.  Such individual shall hold a teaching certificate issued by another state, by a United States territory, or by a Canadian province that satisfies standards established by the department enter into a written reciprocity agreement with an out-of-state certificating authority for the mutual acceptance of 1 or more types of teaching certificates.

 

PART 3. PROFESSIONAL TEACHING CERTIFICATE

 

R 390.1133.  Professional teaching certificate.

  Rule 33. (1) The superintendent of public instruction may issue a professional teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation presents evidence at the time of the application of satisfaction of all of the following:

   (a) Met the successful teaching requirement as specified in section 1531j of the revised school code, 1976 PA 451, MCL 380.1531j, and as defined The applicant successfully completed 3 full years of classroom teaching as described in R 390.1103.

   (b) The applicant completed Completed the reading requirements of section 1531(4) 1531(3) of the revised school code, 1976 PA 451 act, MCL 380.1531.

   (c) The applicant completed Completed a minimum of 6 satisfactory college semester credit hours of literacy instruction for a certificate with an elementary grade level authorization endorsement or a minimum of 3 satisfactory college semester credit hours of literacy instruction as appropriate to the discipline area for a certificate with another endorsement secondary or PK-12 grade level authorization. The applicant may have completed this course credit at any time before application applying for the professional teaching certificate.

   (d) Earned at any time an education-related master’s or higher degree or, subject Subject to section 1233(6) to (8) of the revised school code, 1976 PA 451, act, MCL 380.1233, since the issue date of the most recent standard teaching certificate or renewal, the applicant completed any a combination of education-related professional learning hours totaling 150 hours.

  (2) An individual who meets the requirements of this rule may apply for a the initial professional teaching certificate at any time.

 

R 390.1135  ProfessionalRenewal of professional teaching certificate; renewal.

  Rule 35. (1) Subject to subrule (3) of this rule and subject to section 1233(6) to (8) of the revised school code, 1976 PA 451 act, MCL 380.1233, the superintendent of public instruction may renew a professional teaching certificate that has expired or will expire within the calendar year of application if the applicant has paid the applicable evaluation fee and the department has received documentation that, upon the applicant's completion since the issue date of the most recent professional teaching certificate or renewal of, the applicant completed any a combination of education-related professional learning hours totaling 150 hours.

  (2) Additional hours beyond the 150 hours required under subrule (1) of this rule that a certificate holder earns during the time period of a any certificate validity do not apply toward any subsequent renewals.

  (3) Subject to section 1233(6) to (8) of the revised school code, 1976 PA 451 act, MCL 380.1233, the superintendent of public instruction may issue one 5-year renewal of a teacher who holds a valid or expired Michigan professional teaching certificate to an applicant who has paid the applicable evaluation fee if the department has received documentation that the applicant and holds a valid out-of-state teaching certificate from another state is eligible for one 5-year renewal of the Michigan professional teaching certificate.

 

R 390.1137  Advanced professional teaching certificate.

  Rule 37. The superintendent of public instruction may issue an advanced professional teaching certificate at any time to an applicant who satisfies has paid the applicable evaluation fee if the department has received documentation of both all of the following:

  (a) The applicant holds Holds a professional teaching certificate or a life, continuing, or permanent certificate.

  (b) Meets one One of the following:

   (i) Holds The applicant holds valid national board certification by the National Board for Professional Teaching Standards or its successor agency.

   (ii) Has The applicant completed a teacher leader training or preparation program approved by the superintendent of public instruction, with such completion being indicated on the certificate required in subdivision (a) of this subrulerule.

   (iii) HasThe applicant completed a successful term as Michigan teacher of the year as determined by the superintendent of public instruction.

   (iv) The applicant completed a specialist preparation program approved by the superintendent of public instruction, with such completion being indicated on the certificate required in subdivision (a) of this rule.

  (c) On annual year-end evaluations under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249, received ratings required by section 1531k of the revised school code, 1976 PA 451, MCL 380.1531k.

 

R 390.1138  Advanced professional teaching certificate; renewal.

  Rule 38. (1) The superintendent of public instruction may renew an advanced professional teaching certificate that has expired or will expire expires within the calendar year of renewal application if the applicant has paid the applicable evaluation fee and the department has received documentation that, since satisfies both of the following:

   (a) On annual year-end evaluations under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249, received ratings required by section 1531k of the revised school code, 1976 PA 451, MCL 380.1531k.

   (b) Since the issue date of the most recent advanced professional teaching certificate or renewal, subject to section 1233(6) to (8) of the revised school code, 1976 PA 451, act, MCL 380.1233, the applicant completed any a combination of education-related professional learning hours totaling 150 hours.

  (2) Additional hours beyond the 150 hours required under subrule (1)(b) (1) of this rule that a certificate holder earns during the time period of a any certificate validity do not apply toward any subsequent renewals.

  (3) An applicant who does not receive ratings on annual year-end evaluations under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249, as required in section 1531k of the revised school code, 1976 PA 451, MCL 380.1531k, is not eligible to renew the advanced professional teaching certificate. This does not preclude renewal of a professional teaching certificate under R 390.1135.

 

PART 4. SUBSTITUTE PERMITS

 

R 390.1141  Substitute permits; general provisions.

  Rule 41. (1) AOn approval of an application and payment of the applicable evaluation fee, the superintendent of public instruction may issue to a school district or nonpublic school shall obtain a substitute permit or renewal of a substitute permit to assign an for any individual or teacher who meets the requirements of statute and this part. does not hold the valid and appropriate endorsement or certificate, including an individual employed under section 505, 1233b, 1233c, or 1531f of the revised school code, 1976 PA 451, MCL 380.505, 380.1233b, 380.1233c, and 380.1531f.

  (2) Upon approval of an application and payment of the appropriate fee, the superintendent of public instruction may issue to Subject to subrule (9) of this rule, before assigning an individual who cannot be appropriately placed in the assignment, a school district or nonpublic school shall apply to the department for a substitute permit or renewal of a substitute permit under this part, pay the applicable evaluation fee, verify satisfaction of the requirements of statute and this part, and hold the substitute permit or renewal for placement of the to employ an individual. Subject to the act, the school district or nonpublic school shall verify that an individual with a valid certificate under which appropriate placement is possible is not available for the assignment in accordance with the established hiring practice of the school district or nonpublic school. who meets the requirements of statute and this part when an appropriately certificated and endorsed teacher is not available for employment. The substitute permit is a full-year, daily, or expert substitute permit.

  (3) The superintendent of public instruction may issue a full-year, daily, or expert substitute permit or renewal of a substitute permit to the recommending superintendent or school administrator, who An individual shall not apply for a substitute permit or renewal of a substitute permit on behalf of a school district or nonpublic school for the individual’s own placement unless the board of the school district or the governing body of the nonpublic school approves the application in the manner directed by the department. be the individual whom the school district will employ under the substitute permit or renewal, and who shall apply for the substitute permit or renewal on behalf of the school district or nonpublic school. The recommending superintendent or school administrator receiving the substitute permit or renewal shall hold the substitute permit or renewal for the individual.

  (4) The department shall receive the fee for an approved substitute permit before the first instructional day the individual is in the assignment.

  (4)(5) A substitute permit issued under this part is valid from the issue date to August 31 immediately following the academic year listed on the permit. or the last day of the school district’s or nonpublic school’s academic year, whichever date comes first.

  (5)(6) Subject to subrule (8)(7) of this rule, the superintendent of public instruction may revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit pursuant to under this code part for 1 any of the following reasons:

   (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the substitute permit.

   (b) Conviction of the individual for a crime described in section 1535a of the revised school code, 1976 PA 451, act, MCL 380.1535a.

   (c) Failure to meet the requirements for the substitute 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)(7) The superintendent of public instruction may rescind a substitute permit at the request of the school district or nonpublic school.

  (7)(8) The superintendent of public instruction shall revoke, refuse to grant, refuse to renew, or refuse to extend a substitute permit if the criminal history of the individual for whom a school district or nonpublic school requests the permit includes conviction of a listed offense.

  (8)(9) Subject to subrule (9) of this rule, a A school district employing an individual who is not appropriately placed under a valid certificate, valid substitute permit, valid authorization, or valid approval issued under rules promulgated by the department placing a noncertified, inappropriately certified, or unlicensed individual in an assignment without obtaining a permit or authorization under this code is subject to section 163 of the state school aid act of 1979, 1979 PA 94, MCL 388.1763.

  (9) If an individual holds a valid Michigan teaching certificate, a school district or nonpublic school may place the individual outside the grade levels and discipline areas listed on the certificate for not more than 90 consecutive calendar days without obtaining a substitute permit.

 

R 390.1142  Full-yearDaily substitute permit.

  Rule 42. (1) The superintendent of public instruction may issue a full-year substitute permit to a school district or nonpublic school if a properly certificated and endorsed teacher is unavailable for the assignment.

  (2) All of the following apply to a full-year substitute permit:

    (a) The individual for whom the school district or nonpublic school requests the full-year substitute permit has satisfactorily completed the credit requirement of section 1233(5) of the revised school code, 1976 PA 451, MCL 380.1233.

    (b) When a school district or nonpublic school requests a full-year substitute permit for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, the school district or nonpublic school shall present evidence that the individual has completed an academic major in the discipline, or obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

    (c) The employing school district or nonpublic school shall assign a mentor to the individual.

    (d) The employing school district or nonpublic school may apply to renew a full-year substitute permit to place the same individual in the permitted assignment area.  The following requirements apply at the time of the application for renewal:

      (i) For the first renewal, the individual shall have had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective and shall be enrolled in an approved teacher preparation program.  This program must lead to either an initial teaching certificate or an additional endorsement on an existing teaching certificate.

      (ii) Within each subsequent year of renewal, the candidate shall have completed a minimum of 6 additional satisfactory college semester credit hours in the approved program and shall have had a minimum of 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective.

  (3) A school district or nonpublic school may apply for a shortage full-year substitute permit for an individual who holds a professional teaching certificate, an advanced professional teaching certificate, or a continuing, life, or permanent certificate but who does not hold the appropriate endorsement or grade level authorization. All of the following apply to the shortage full-year substitute permit:

    (a) The superintendent of public instruction identifies the discipline as an area of critical shortage.

    (b) If the discipline area is a core academic discipline as defined by the superintendent of public instruction, the individual has completed an academic major in the discipline or obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

    (c) The assignment does not exceed ½ of a full-time equivalency teaching position, defined in accordance with a local bargaining agreement.

    (d) Renewal requires the teacher to have had 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective in the permitted discipline area and assignment during the validity of the shortage full-year substitute permit under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249.

  (4) Any substitute permit issued under this rule is valid for teaching in the grade levels and discipline areas specified on the permit from the date of issuance to the end of the academic school year specified on the permit.

  (5) A school district or nonpublic school may apply for renewal of a substitute permit issued under this rule not more than 3 times. The superintendent of public instruction may issue a daily substitute permit to a school district or nonpublic school for an individual who has satisfactorily completed the credit requirement of section 1233(5) of the act, MCL 380.1233.

  (2) A daily substitute permit is valid for teaching on a substitute or intermittent basis when the certificated teacher regularly assigned to the classroom is temporarily absent. A daily substitute permit is valid for no more than 90 consecutive calendar days in the same assignment.

  (3) A daily substitute permit is not renewable.

  (4) On application by a school district or nonpublic school, the superintendent of public instruction may issue to the school district or nonpublic school an extension of a daily substitute permit as follows if the individual does not qualify for transition to a full-year substitute permit:

   (a) The superintendent of public instruction may issue an extension of the daily substitute permit for 1 additional 90-consecutive-calendar-day period if the school district or nonpublic school verifies both of the following:

    (i) There was a formal satisfactory observation of the individual by an administrator or designee during the period of the daily substitute permit.

    (ii) The school district or nonpublic school assigned a mentor to the individual during the period of the daily substitute permit.

   (b) In addition to an extension granted under subdivision (a) of this subrule, the superintendent of public instruction may, in the exercise of discretion, grant the application of a school district or nonpublic school for 1 emergency extension of the daily substitute permit for another 90-consecutive-calendar-day period.

 

R 390.1143  Full-year basic Daily substitute permit.

  Rule 43. (1) The superintendent of public instruction may issue a daily substitute permit to a school district or nonpublic school for an individual who has satisfactorily completed the credit requirement of section 1233(5) of the revised school code, 1976 PA 451, MCL 380.1233.

  (2) All of the following apply to a daily substitute permit:

    (a) A daily substitute permit is valid for teaching on a substitute basis during a given academic school year. As used in this rule, “teaching on a substitute basis” means teaching in a classroom when the certificated teacher regularly assigned to the classroom is temporarily absent.

    (b) A daily substitute permit is not valid for any regular or extended teaching assignment. As used in this rule, “regular or extended teaching assignment” means an assignment to the same classroom for more than 90 consecutive calendar days.

    (c) If an individual holds a valid Michigan teaching certificate, a school district or nonpublic school may employ the individual in an assignment outside the validity of the certificate for not more than 90 consecutive calendar days without obtaining a substitute permit.

    (d) A daily substitute permit is not renewable.

    (e) If the individual does not qualify to transition to the full-year substitute permit, the employing school district or nonpublic school may apply for extension of the daily substitute permit as follows:

      (i) The school district or nonpublic school may apply for extension of the daily substitute permit for 1 additional 90 consecutive calendar day period during the same school year if the school district or nonpublic school satisfies both of the following before the application for extension:

        (A) There is a formal satisfactory observation of the individual by either an administrator or a designee.

        (B) The school district or nonpublic school assigns a mentor to the individual.

      (ii) In addition to an extension granted under paragraph (i) of this subdivision, the superintendent of public instruction has the discretion to grant the application of the school district or nonpublic school for 1 emergency extension of the daily substitute permit for another 90 consecutive calendar day period. The superintendent of public instruction may issue a full-year basic substitute permit under this rule to a school district or nonpublic school for the assignment of an individual, including but not limited to the assignment of an individual under section 505, 1233b, 1233c, or 1531f of the act, MCL 380.505, 380.1233b, 380.1233c, and 380.1531f.

  (2) Subject to the act, all of the following apply to a full-year basic substitute permit:

   (a) The individual for whom the school district or nonpublic school requests the full-year basic substitute permit has satisfactorily completed the credit requirement of section 1233(5) of the act, MCL 380.1233.

   (b) The superintendent of public instruction shall not issue a full-year basic substitute permit to a school district or nonpublic school for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of 1 of the following:

    (i) The individual completed an academic major or minor in the discipline area.

    (ii) The individual earned 20 semester credit hours in the discipline area.

    (iii) The individual obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

   (c) The school district or nonpublic school shall assign a mentor to the individual.

   (d) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

  (3) The superintendent of public instruction may renew a full-year basic substitute permit not more than 3 times to place the same individual in the permitted assignment on application by the school district or nonpublic school, and both of the following apply:

   (a) For the first renewal, all of the following apply:

    (i) At the time of the application for renewal by the school district or nonpublic school, the individual is enrolled in an educator preparation program that leads to either a teaching certificate or an additional endorsement on a teaching certificate.

    (ii) The school district or nonpublic school shall assign a mentor to the individual.

    (iii) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

   (b) For each subsequent renewal, all of the following apply:

    (i) At the time of the application for renewal by the school district or nonpublic school, the individual demonstrates progress toward completion of an educator preparation program, as determined by the superintendent of public instruction, since the most recent renewal.

    (ii) The school district or nonpublic school shall assign a mentor to the individual.

    (iii) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

 

R 390.1144  Full-year shortage substitute permit.

  Rule 44. (1) The superintendent of public instruction may issue a full-year shortage substitute permit under this rule to a school district or nonpublic school for an individual who cannot be appropriately placed under a valid certificate or credential.

  (2) Subject to the act, all of the following apply to a full-year shortage substitute permit:

   (a) A school district or nonpublic school may apply for a full-year shortage substitute permit for assignment of an individual who holds a valid professional, advanced professional, continuing, life, or permanent teaching certificate but who does not hold the appropriate endorsement for the assignment, including grade band endorsement.

   (b) The superintendent of public instruction shall not issue a full-year shortage substitute permit to a school district or nonpublic school for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of 1 of the following:

    (i) The individual completed an academic major or minor in the discipline area.

    (ii) The individual earned 20 semester credit hours in the discipline area.

    (iii) The individual obtained a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

   (c) The assignment does not exceed 1/2 of a full-time equivalency teaching position.

  (3) The superintendent of public instruction may renew a full-year shortage substitute permit not more than 3 times to place the same individual in the permitted assignment on application by the school district or nonpublic school, and both of the following apply:

   (a) During the year of the most recent full-year shortage substitute permit or renewal, the individual had 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective under section 1249 of the act, MCL 380.1249.

   (b) The assignment does not exceed 1/2 of a full-time equivalency teaching position.

 

R 390.1145  Expert Full-year expert substitute permit.

  Rule 45. (1) The superintendent of public instruction may issue an a full-year expert substitute permit under this rule to a school district or nonpublic school if a properly certificated and endorsed teacher is not available for the teaching assignment for an individual who cannot be appropriately placed under a valid certificate or credential, and all of the following apply:

   (a)(2) The assignment for which a the school district or nonpublic school requests an a full-year expert substitute permit must not exceed ½ 1/2 of a full-time equivalency teaching position, defined in accordance with a local bargaining agreement.

   (b)(3) The individual for whom a the school district or nonpublic school requests an a full-year expert substitute permit shall have documented expertise in the area of the assignment or a similar area and at least 5 years of successful and documented work experience in the area of the assignment or a similar area. The work experience requirement does not apply to an individual employed assigned to teach a world language.

   (c) The school district or nonpublic school shall assign a mentor to the individual.

   (d) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

   (e)(4) Subject to subrule (5) subdivision (f) of this rule subrule, if the assignment for which the superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school requests an expert substitute permit is in for an assignment to teach a core academic discipline, as defined by the superintendent of public instruction, unless the department has received documentation of both of the following:

    (i) The the individual shall hold holds a bachelor's degree, or higher, degree from a regionally an accredited college or university.

    (ii) and 1 One of the following:

     (A)(a) An The individual completed an academic major or minor in the discipline area of the assignment or a related discipline area as determined by the superintendent of public instruction.

     (B) The individual earned 20 semester credit hours in the discipline area.

     (C)(b) A The individual earned a passing score on the appropriate available discipline area examination approved by the superintendent of public instruction.

   (f)(5) Subject to section 1233(5) of the revised school code, 1976 PA 451act, MCL 380.1233, the superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school for an if the assignment to teach for which a school district or nonpublic school requests an expert substitute permit is teaching a world language, the individual shall satisfy unless the department has received documentation of all of the following requirements:

    (i)(a) The individual holds Hold a bachelor’s degree, or higher degree, or equivalent, from a regionally an accredited college or university, or equivalent.

    (ii)(b) The individual demonstrates Demonstrate oral language proficiency by passing an oral examination, if available, approved by the superintendent of public instruction.

    (iii)(c) The individual demonstrates Demonstrate written language proficiency by passing a written examination, if available, approved by the superintendent of public instruction.

   (g)(6) If the assignment for which The superintendent of public instruction shall not issue a full-year expert substitute permit to a school district or nonpublic school requests an expert substitute permit is in for an assignment to teach in a non-core discipline area, the individual shall do 1 unless the department has received documentation of 1 of the following:

    (i)(a) Satisfactorily complete The individual satisfactorily completed the credit requirement of section 1233(5) of the revised school code, 1976 PA 451act, MCL 380.1233, and hold holds a valid business or industry license or credential in the specific discipline area of the assignment, if one is available.

    (ii)(b) Hold The individual holds a bachelor’s or higher degree from a regionally or nationally an accredited college or university.

  (7) An expert substitute permit is valid for teaching in the grade levels and discipline areas specified on the permit from the date of issuance to the end of the academic year specified on the permit.

  (2)(8) The superintendent of public instruction may renew an a full-year expert substitute permit upon on annual application by a school district or nonpublic school. and verification of All of the following apply:

   (a) 1 formal observation leading to a comprehensive evaluation rating of effective or highly effective in the permitted discipline area and assignment during the validity of the expert substitute permit The school district or nonpublic school shall assign a mentor to the individual.

   (b) The individual and the supervisor shall collaboratively develop and implement an individualized development plan.

   (c) If the assignment is in a non-core discipline area and the individual qualified for an initial full-year expert substitute permit under only subrule (6)(a) (1)(g)(i) of this rule, the applicant shall verify that the business or industry license or credential, if available, must be is valid at the time of the application for renewal unless or that the individual holds a bachelor’s degree, or higher, degree at the time of the application for renewal.

 

PART 5. TEACHER EDUCATOR PREPARATION PROVIDERS AND PROGRAMS

 

R 390.1151  Approved teacherApproval of educator preparation providers and programs.

  Rule 51. (1) The state board approves standards for reviewing prospective teacher educator preparation providers institutions to prepare and recommend candidates for initial certification. The superintendent of public instruction shall make recommendations to the state board for the initial state approval of teacher educator preparation institutions based on state board approved standards. This subrule does not apply to the approval of alternative route program providers, which are approved under section 1531i of the revised school code, 1976 PA 451, act, MCL 380.1531i.

  (2) The superintendent of public instruction shall approve programs offered by teacher educator preparation institutions in accordance with state board approved standards for teacher educator preparation. The superintendent of public instruction shall approve alternative route program providers programs as authorized in accordance with section 1531i of the revised school code, 1976 PA 451, act, MCL 380.1531i.

  (3) Continued approval of an educator preparation provider by the superintendent of public instruction requires that a teacher the educator preparation provider hold national accreditation be accredited or that a state review process recommend approval by the superintendent of public instruction.

  (4) An approved teacher educator preparation provider shall submit data required by the department for a determination of its annual teacher educator preparation provider performance score as approved by the superintendent of public instruction.

  (5) Upon On request of the superintendent of public instruction, a teacher an educator preparation provider shall present a report of its teacher educator preparation curricula and program offerings. The programs of an approved teacher educator preparation provider are subject to periodic review by the superintendent of public instruction.

 

R 390.1152 Approved teacher preparation providers; equivalence credits  Award or waiver

  of credit hours based on previous coursework or experience.

  Rule 52. (1) An approved Michigan teacher educator preparation provider may award or waive semester credit hours on an equivalence basis for based on previously completed coursework or previous life learning experiences in partial fulfillment of the requirements of the provider’s approved programs for certification or certificate endorsements.

  (2) An approved Michigan teacher This rule does not allow an educator preparation provider may not use equivalence options to waive satisfy specific legal statutory requirements for individuals seeking teaching certification.

 

R 390.1153 Approved teacher  Educator preparation providers institution; experimental

  programs.

  Rule 53. The superintendent of public instruction, at the request of an approved teacher educator preparation provider institution, may waive, for a specific time, particular requirements of this code for an experimental teacher educator preparation program. The request must provide sufficient detail to allow assessment of the proposed experimental program and comparison with the provider’s educator preparation institution’s approved program. If the superintendent of public instruction grants the request, the provider educator preparation institution 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.
 

PART 6. CTE ENDORSEMENTS, CTE CERTIFICATES, AND ANNUAL AUTHORIZATION

 

R 390.1161  Standard teaching certificate and professional teaching certificate with  CTE

  endorsement endorsements.

  Rule 61. (1) Subject to R 390.1167, the superintendent of public instruction may issue a An applicant for CTE endorsement on shall meet the requirements for a standard, professional, or advanced professional teaching certificate or a professional teaching certificate as described in part 2 and part 3 of these rules if the applicant has paid the applicable evaluation fee and the department has received documentation of shall present evidence of completing all both of the following:

   (a) A program with a minimum of 6 semester credit hours, or equivalent, of CTE coursework at an An institution approved by the state board for the preparation of CTE teachers recommends the applicant based on the applicant’s satisfactory completion of all program requirements, including a minimum of 6 semester credit hours or equivalent of CTE coursework.

   (b) Program requirements, as defined by the state board, for each CTE endorsement.

   (b)(c) The applicant has 2 Two years of recent and relevant experience, as defined by the superintendent of public instruction, in the occupational area of the endorsement.

  (2) Appropriate placement of an individual holding a teaching certificate with a A CTE endorsement is valid for teaching in the specified occupational area in an approved CTE program, in an industrial technology education program, (grades 6 to 12), and or in career pathway courses, (grades 6 to 12).

 

R 390.1163  Standard CTE certificateRescinded.

  Rule 63. (1) The superintendent of public instruction may issue a standard CTE certificate upon the recommendation of an approved CTE teacher preparation institution to an applicant presenting evidence that the applicant meets all of the following requirements:

    (a) Possesses a baccalaureate degree.

    (b) Has a major or minor in the field of specialization in which the applicant requests CTE certification.

    (c) Has a minimum of 2 years of recent and relevant experience, as defined by the superintendent of public instruction, in the occupational area.

    (d) Passed examinations under section 1531 of the revised school code, 1976 PA 451, MCL 380.1531.

    (e) Successfully completed a minimum of 6 satisfactory college semester credit hours of professional or CTE education credit.

  (2) A standard CTE certificate is valid for teaching in the occupational education field specified on the certificate.

  (3) An applicant with a standard CTE certificate may progress to the professional CTE certificate at any time if the applicant has met the requirements of R 390.1164a.

  (4) Subject to subrules (6) and (7) of this rule, if the holder of a standard CTE certificate does not qualify for the professional CTE certificate at the expiration of the standard CTE certificate, the superintendent of public instruction may grant a 5-year renewal of the standard CTE certificate based upon evidence that the holder has completed, since the issue date of the most recent certificate, any combination of education-related professional learning hours totaling 150 hours.

  (5) A teacher may obtain additional 5-year renewals of a standard CTE certificate under subrule (4) of this rule on or after January 1 of the year in which the certificate expires.

  (6) The superintendent of public instruction may grant to a teacher who holds a standard CTE certificate one 5-year renewal of the certificate upon submission of evidence that the teacher earned at any time an education-related master’s or higher degree.

  (7) A teacher who holds an expired standard CTE certificate but holds a valid CTE certificate from another state is eligible for one 5-year renewal of the standard CTE certificate.

 

R 390.1164a  Professional CTE certificateRescinded.

  Rule 64a. (1) The superintendent of public instruction may issue a professional CTE certificate to an applicant who presents evidence at the time of the application that the applicant has satisfied all of the following:

    (a) Met the requirements of section 1531j of the revised school code, 1976 PA 451, MCL 380.1531j.

    (b) Completed the reading requirements of section 1531(4) of the revised school code, 1976 PA 451, MCL 380.1531.

    (c) Earned an education-related master’s or higher degree at any time or, since the issue date of the most recent standard CTE certificate or renewal, completed any combination of education-related professional learning hours totaling 150 hours.

  (2) A professional CTE certificate is valid for teaching in the occupational education field specified on the certificate.

  (3) An individual who meets the requirements of this rule may apply for the initial professional CTE certificate at any time.

  (4) The superintendent of public instruction may renew a professional CTE certificate that has expired or will expire within the calendar year of application upon the applicant's completion since the issue date of the most recent professional CTE certificate or renewal of any combination of education-related professional learning hours totaling 150 hours.

  (5) Additional hours beyond the 150 hours required under subrule (4) of this rule do not apply toward any subsequent renewals.

  (6) A teacher who holds a valid or expired Michigan professional CTE certificate and a valid teaching certificate from another state or a valid CTE certificate from another state is eligible for one 5-year renewal of the Michigan professional CTE certificate.

 

R 390.1165  Annual authorization.

  Rule 65. (1) Subject to R 390.1167, on payment of the applicable evaluation fee and approval of an application, the superintendent of public instruction may issue to To allow a school district or nonpublic school an annual authorization and renewals to assign an individual who cannot be appropriately placed under a valid certificate or other credential to employ an individual in industrial technology education, as defined by the superintendent of public instruction, or in a CTE program.

  (2) All of the following apply to an annual authorization or renewal: who does not meet the requirements for the standard CTE certificate, the superintendent of public instruction may, upon payment of the appropriate evaluation fee and approval of an application, issue to the school district or nonpublic school an annual authorization and renewals of that authorization under section 1233b(2)(b) and (5)(b) of the revised school code, 1976 PA 451, MCL 380.1233b.

   (a) Before assigning an individual who cannot be appropriately placed in industrial technology education, as defined by the superintendent of public instruction, or in a CTE program, a school district or nonpublic school shall apply to the department for an annual authorization or renewal under this part, pay the applicable evaluation fee, satisfy all requirements of this rule, and hold the annual authorization or renewal.

   (b) The superintendent of public instruction shall not issue an annual authorization or renewal under this rule unless the department has received verification of satisfaction of the requirements of section 1233b(2)(b) and (5)(b) of the act, MCL 380.1233b.

   (c)(2) Appropriate placement of an individual for whom a school district or nonpublic school holds an An annual authorization or renewal is valid for teaching in the occupational education field specified on the authorization.

   (d)(3) Before applying for an annual authorization, a school district or nonpublic school shall certify that a certified teacher with the appropriate endorsement is not available for the assignment. The school district or nonpublic school shall assign a mentor to an individual during every year of assignment of the individual under an annual authorization or renewal.

   (e) (4) An annual authorization is valid from the issue date to August 31 or the last day of the school district’s or nonpublic school’s academic year, whichever date comes first.

An individual and the individual’s supervisor shall collaboratively develop and implement an individualized development plan during every year of placement of the individual under an annual authorization or renewal.

   (f)(5) Unless the superintendent of public instruction grants the request of a school district or nonpublic school for permission under section 1233b(6) of the revised school code, 1976 PA 451, act, MCL 380.1233b, to employ place an individual for more than 10 years under this rule, the school district or nonpublic school may apply no more than 9 times for renewal of an annual authorization allowing employment placement of an the individual under this rule. A request for permission to employ place an individual for more than 10 years under this rule must be in the form and manner directed by the superintendent of public instruction.

  (3) An annual authorization or renewal is valid from the issue date to August 31 immediately following the end of the academic year listed on the authorization or renewal.

  (4)(6) Subject to subrule (8)(6) of this rule, the superintendent of public instruction may refuse to grant or may rescind or revoke an annual authorization or renewal for 1 any of the following reasons:

   (a) Fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of the annual authorization or renewal.

   (b) Conviction of the individual for a crime described in section 1535a of the revised school code, 1976 PA 451, act, MCL 380.1535a.

   (c) Failure to meet the requirements of this rule for the annual authorization or renewal.

   (d) Action taken by an out-of-state certificating authority against an educator credential issued at any time to the individual by that authority.

  (5)(7) The superintendent of public instruction may rescind an annual authorization or renewal at the request of the school district or nonpublic school.

  (6)(8) The superintendent of public instruction shall refuse to grant or shall revoke an annual authorization or renewal if the criminal history of the individual for whom a school district or nonpublic school requests the authorization or renewal includes conviction of a listed offense.

  (7)(9) A school district employing placing a noncertified, inappropriately certified, or unlicensed an individual who is not appropriately placed under a valid certificate, valid substitute permit, valid authorization, or valid approval issued under rules promulgated by the department in an assignment without obtaining a permit or an authorization under this code is subject to section 163 of the state school aid act of 1979, 1979 PA 94, MCL 388.1763.

 

R 390.1167  State or federal license.

  Rule 67. If a school district or nonpublic school assigns instructional responsibility to an individual in a field for which state or federal law requires a license, the individual shall hold the appropriate license before the superintendent of public instruction may issue a CTE certificate or CTE endorsement to the individual under this code or before the superintendent of public instruction may issue an annual authorization or renewal for the individual under this code.

 

PART 10.  DENIAL, SUSPENSION, AND REVOCATION, DENIAL, RESCISSION, AND REINSTATEMENT OF TEACHING CERTIFICATES AND STATE BOARD APPROVALS CREDENTIALS

 

R 390.1201 Denial, suspension  Suspension of, or revocation of, imposition of conditions

  on, or certificate or state board approval denial of renewal of a credential.

  Rule 101. (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 teaching certificate or state board approval credential issued to an individual by the superintendent of public instruction for either of the following reasons:

  (a) FraudThe holder of the credential engaged in fraud, material misrepresentation, or concealment or omission of fact in the application for or the use of a teaching certificate or state board approval a credential issued to the individual by the superintendent of public instruction.

  (b) Conviction The holder of the credential was convicted of a crime described in section 1535a or 1539b of the revised school code, 1976 PA 451 act, MCL 380.1535a and 380.1539b.

(2) The superintendent of public instruction may refuse to grant or renew a teaching certificate or state board approval for failure of the applicant to meet the requirements for the teaching certificate or state board approval. 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 teaching certificate or a state board approval for failure of the holder to meet the requirements for the teaching certificate or state board approval. If the holder does not timely request a hearing, the superintendent of public instruction shall rescind, suspend, or revoke the teaching certificate or state board approval.

 

R 390.1203 Investigation  Notice of basis for action; notice of right to hearing; informal

  conference; referral for hearing.

  Rule 103. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding contested cases pertaining to teacher certification or state board approval. Upon receipt of information that may serve as the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a teaching certificate or state board approval, the designee of the superintendent of public instruction shall initiate an investigation of that information.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 390.1201:

  (a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a credential 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 390.1201(a) or not more than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the credential in writing of all of the following:

   (i) Because of the conviction or because of the identified reason under R 390.1201(a), the superintendent of public instruction may suspend, revoke, impose conditions on, or deny renewal of the credential.

   (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 credential.

   (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 credential 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 credential.

  (e) If the holder of the credential 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 credential 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 390.1204  Notice of basis for action; notice of right to hearing; informal conference to

  show compliance; referral for hearingDenial or rescission of credential.

  Rule 104. 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 390.1201(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 teaching certificate or state board approval 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 390.1201(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 teaching certificate or state board approval in writing of all of the following:

    (i) Because of the conviction or because of the identified reason under R 390.1201(1)(a), the superintendent of public instruction may deny, suspend, or revoke the teaching certificate or state board approval.

    (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 teaching certificate or state board approval.

    (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 teaching certificate or state board approval 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 teaching certificate or state board approval or shall suspend the teaching certificate or state board approval.

  (e) If the applicant for or the holder of a teaching certificate or state board approval 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.(1) The superintendent of public instruction may deny an individual’s application for a credential 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 issued to the individual 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 credential.

   (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 credential issued to an individual by the superintendent of public instruction for failure of the individual to meet the requirements for the credential.

 

R 390.1205  Investigation.

  Rule 105. An authorized representative of the department shall perform the investigatory and prosecutorial functions regarding cases pertaining to credentials 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 credential, the authorized representative shall initiate an investigation of that information.

 

R 390.1208  Reinstatement of suspended or revoked credential.

  Rule 108. (1) Unless the superintendent of public instruction suspended or revoked an individual’s credential based on conviction of a listed offense, the individual may file with the department a request for reinstatement of the credential that was suspended or revoked under these rules.

  (2) If the superintendent suspended or revoked the credential under R 390.1201(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 an elementary or secondary school in this state and that reinstatement of the credential will not adversely affect the health, safety, and welfare of pupils.

   (b) If the superintendent of public instruction suspended or revoked the credential 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 credential.

    (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 credential.

   (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 credential. 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 credential. The superintendent of public instruction shall not reinstate the credential unless the superintendent of public instruction finds that the individual is currently fit to serve in an elementary or secondary school in this state and that reinstatement will not adversely affect the health, safety, and welfare of pupils.

   (g) If the superintendent of public instruction does not reinstate the credential 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 credential under R 390.1201(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 390.1211  Removal of suspension or revocation of credential after conviction set

  aside, expunged, or dismissed.

  Rule 111. (1) The superintendent of public instruction shall remove the suspension or revocation of a credential if all of the following requirements are met:

   (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 credential files with the department a request for removal of the suspension or removal 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 credential of the responsibility to comply with all legal requirements for renewal of the credential.

  (3) This rule does not preclude the superintendent of public instruction from taking action against a credential under R 390.1201, or from denying or rescinding a credential under R 390.1204, for a reason other than a conviction that was set aside or otherwise expunged or dismissed.