DEPARTMENT OF EDUCATION
DEPARTMENT OF EDUCATION
SUPERINTENDENT OF PUBLIC INSTRUCTION
ADMINISTRATOR CERTIFICATION CODE
Filed with the Secretary of State on
These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 34, 45a(6), or 48 of 1969 PA 306. 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 15 of 1964 PA 287, MCL 388.1015, sections 1246, 1531, 1535a, 1536 and 1539b of 1976 PA 451, MCL 380.1246, MCL 380.1531, MCL 380.1535a, MCL 380.1536 and MCL 380.1539b, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994)
R 380.101, R 380.102, R 380.103, R 380.104, R 380.105, R 380.106, R 380.107, R 380.109, R 380.111, R 380.112, R 380.121, R 380.123, R 380.124, R 380.126, R 380.127, R 380.128, R 380.129, R 380.132, R 380.133, R 380.134 and R 380.136 of the Michigan Administrative Code are amended; R 380.111a, R 380.111b, R 380.114, R 380.115 and R 380.116 are added to the Code; and R 380.108, R 380.110, R 380.113, R 380.122, R 380.125, R 380.130, R 380.131 and R 380.135 are rescinded from the Code as follows:
PART 1. GENERAL PROVISIONS
R 380.101 Definitions.
Rule 1. As used in this code:
(a) “Accredited college or university” means an institution with regional, state, or national approval for teacher or administrator education.
(b) “Administrator certificate basic endorsement” means a certificate endorsed for any of the following:
(i) Elementary administrator.
(ii) Secondary administrator.
(iii) Central office administrator.
(iv) Local or intermediate superintendent.
(v) Chief business official.
(c) “Day” means 2 ½ hours or more a day of employment. Less than 2 ½ hours of employment a day shall be considered 1 half day.
(d) (c) “Department” means the department of education.
(e) (d) “Elementary school” means a school with a single grade or any combination of grades pre-kindergarten through 9.
(e) “Enhanced endorsement” means an administrator certificate endorsement that acknowledges the successful completion of an approved advanced performance and impact-based educational leadership program.
(f) “Established state professional organization” means an association that has served members on a statewide basis for at least 10 years, as defined under section 1536 of 1976 PA 451, MCL 380.1536.
(f) (g) “Grade level” means elementary or secondary grades.
(k) (h) “Middle or junior high school” means a school with any combination of grades 5 through 9.
(i) “Nonpublic school” means a private, denominational, or parochial school, as defined under section 380.5(4) of 1976 PA 451, MCL 380.5(4).
(j) “Performance-based program” means an approved program that requires the demonstration of knowledge, application, skills, behavior, and impact on improving leadership as measured by performance indicators.
(h) (k) ”Satisfactory credit” means a “B” average or 3.0 or the equivalent as submitted to the department on an official transcript by an approved institution.
(i) (l) “Secondary school” means a school with any combination of grades 6 through 12.
(m) “School district” means a local school district established under section 5 of 1976 PA 451, MCL 380.5, an intermediate school district established under part 7 of 1976 PA 451, a public school academy established under part 6a of 1976 PA 451, an urban high school academy established under part 6c of 1976 PA 451, and a strict discipline academy established under sections 1311b to 1311l of 1976 PA 451, MCL 380.1311b to MCL 380.1311l.
(n) “Specialty endorsement” means an administrator certificate endorsement which acknowledges the successful completion of an approved performance-based program in a recognized specialized administrative supervisory and leadership function.
(j) (o) “State board” means the state board of education.
(k) (p) “Supervising” means all of the following:
(i) Being responsible for program content.
(ii) Directing the activities of instructional staff at the level of the administrator's certificate.
(iii) Evaluating the instructional staff.
(iv) Recommending instructional staff for employment and termination.
(l) “Teaching certificate” means any of the following types of certificates:
(i) Provisional.
(ii) Permanent.
(iii) Continuing.
(iv) Temporary authorization.
(v) Full authorization.
(vi) Life certificate.
(vii) Any teaching certificate required by law or rule.
(m) “Teaching experience” means employment in a full or part-time teaching position, but does not include substitute teaching.
(n) (q) “Year” means a school year consisting of a minimum of 150 days.
R 380.102 Persons required eligible to hold certificates or permits.
Rule 2. A person who is employed by a school district or an intermediate school district as has completed a state-board approved administrator preparation program any of the following shall hold may be issued an administrator's certificate and basic endorsement or permit as determined by the state board in any of the following:
(a) A superintendent central office administrator.
(b) A principal.
(c) An assistant principal.
(d) A chief school business official.
(e) A supervisor of an instructional program.
(f) A person with primary responsibility for supervising programs and teachers in grades pre-kindergarten through 12.
R 380.103 Certificate validity.
Rule 3. (1) An elementary administrator's certificate basic endorsement is valid for any either or both of the following assignments:
(a) Elementary principal.
(b) Elementary Aassistant principal.
(c) Elementary curriculum director.
(d) Any other administrative position for which the primary responsibility is supervising instruction and teachers in grades pre-kindergarten through 9.
(2) A secondary administrator's certificate basic endorsement is valid for any either or both of the following assignments:
(a) Secondary principal.
(b) Secondary Aassistant principal.
(c) Secondary curriculum director.
(d) Any other administrative position for which the primary responsibility is supervising instruction and teachers in grades 5 through 12.
(3) A central office administrator's certificate basic endorsement is valid for an assignment in a local or intermediate school district in any position with primary responsibility for supervising instructional programs and teachers on a districtwide, pre-kindergarten-through-grade-12. basis, including all of the following:
(a) Programs in special education.
(b) Curriculum development.
(c) Student instruction.
(d) Staff development.
(e) Adult and community education.
(f) Media services.
(g) Counseling.
(h) Vocational education.
(4) A chief business official's certificate endorsement is valid only for assignment as a chief school business official in a local or intermediate school district.
(5) A superintendent's certificate endorsement is valid for either of the following assignments:
(a) Local or intermediate school district superintendent.
(b) Any central office position with primary responsibility for supervising instructional programs and teachers on a districtwide, pre-kindergarten-through-grade-12 basis.
(6) (4) The applicant and the employer shall be familiar with the specific provisions regarding the validity of the various certificates.
R 380.104 Certificate duration; expiration.
Rule 4. (1) An administrator's certificate shall be valid for not more than 5 years.
(2) All certificates and permits expire on June 30 of the expiration year indicated on the certificate or permit.
(3) The applicant and the employer shall be familiar with the specific provisions regarding the expiration and requirements of the administrator certificates.
R 380.105 Application.
Rule 5. (1) The application for an administrator's certificate or certificate renewal shall be on a form supplied or approved by the state board.
(2) Application for an administrator's certificate shall be considered a certification requirement. An applicant shall not be considered as meeting the requirements for administrator certification until such time as an application has been received and approved by the department.
(3) An application for an administrator's certificate shall be made to the department before actual employment of an administrator.
R 380.106 Out-of-state credit for administrator's certificate.
Rule 6. (1) Out-of-state credit for an administrator's preparation program certificate shall be completed at a regionally or nationally accredited college or university whose accrediting body is recognized by the United States department of education or state board approval.
(2) The state board may accept an administrator's certificate from another state or a foreign country as a basis for the issuance of a comparable initial Michigan administrator basic certificate.
(3) The state board reserves the right to determine the acceptability of credits presented for certification from accredited institutions located in other states or foreign countries. Proof of credit shall be submitted to the department, on official transcripts, directly from an accredited college or university.
R 380.107 Administrator's certificate basic endorsement requirements.
Rule 7 (1) An elementary, secondary, or central office, or superintendent's certificate basic endorsement may be issued to an applicant who presents evidence of satisfying the following requirements:
(a) Possession of a master's degree or higher from an accredited college or university whose accrediting body is recognized by the United States department of education or state board approval.
(b) An applicant for an elementary administrator's certificate endorsement shall hold a valid Michigan elementary teaching certificate. An applicant for a secondary administrator's certificate endorsement shall hold a valid Michigan secondary teaching certificate. An applicant for a central office administrator's certificate endorsement or superintendent's certificate endorsement shall hold either a valid elementary or secondary Michigan teaching certificate.
(c) An applicant for an initial elementary or secondary administrator's certificate endorsement shall have not less than 3 years of successful teaching experience as determined by the employing school district. An elementary administrator's certificate endorsement requires 3 years of successful teaching within the validity of an elementary teaching certificate, as determined by the state board. A secondary administrator's certificate endorsement requires 3 years of successful teaching experience within the validity of a secondary teaching certificate, as determined by the state board. An applicant for an initial central office administrator's certificate endorsement or superintendent's certificate endorsement shall have not less than 3 years of successful elementary or secondary teaching experience as determined by the employing school district. An applicant who holds a valid administrator's certificate and who applies for an administrator's certificate endorsement at another level shall not be required to meet the teaching experience requirements of this rule.
(d) (b) An applicant for the elementary or secondary basic administrator's certificate endorsements shall complete 20 semester hours of satisfactory credit in a state board-approved program in school administration at least at the master’s degree level. The 20-semester-hour program may be included within a master's degree program. The program shall include, but not be limited to, a minimum of 18 semester hours of graduate credit, in K-12 all of the following components school administration.
(i) Leadership theory and practice.
(ii) Management of education systems.
(iii) Instructional supervision and evaluation.
(iv) Curriculum development.
(v) Methods and processes for school improvement.
(vi) School finance.
(vii) School law.
(viii) Personnel management.
(ix) Community relations.
(x) Adult and community education.
(e) (c) An applicant for a Michigan central office administrator’s certificate basic endorsement shall complete at least 21 semester hours of credit at the post-master’s degree level 30 semester hours of satisfactory credit in a state board approved program in school administration. The program shall include advanced studies in the program components listed in subdivision (b) of this subrule K-12 school administration. The 30-semester-hour program may be included within a master's degree program. Credit completed in a state-board program for approval as a special education director or supervisor shall be accepted as equivalent in completing the 20- or 30-semester hour credit requirement for an administrator’s certificate if such credits meet the standards in subdivision (d) of this subrule as determined by the state board. An applicant for a superintendent's certificate endorsement shall meet all credit requirements for a central office administrator's certificate endorsement and complete an additional 10 semester hours of credit in advanced studies in the program components listed in subdivision (d) of this subrule.
(2) An applicant for an elementary, secondary, central office, or superintendent's certificate endorsement who has 6 school years of successful experience as a school administrator, as determined by the employing school district, shall not be required to complete the 20-semester-hour, 30-semester-hour, or 40-semester-hour approved program specified in subrule (1)(d) and (e) of this rule if all of the administrative experience occurred within a 6-year period preceding the date of application for an administrator's certificate. The administrative experience for the elementary, secondary, central office administrator's, or superintendent's certificate endorsement shall be at the level and within the validity of the administrator's certificate endorsement applied for by the applicant.
(3) (2) Credit completed in an approved administrator preparation program for one level of administrator certification basic endorsement shall apply towards certification at another level if the credit meets the approved program requirements.
R 380.108 Chief school business official certificate endorsement requirements. Rescinded.
Rule 8. (1) A chief school business official's certificate endorsement may be issued to an applicant who presents evidence of satisfying the following requirements:
(a) Possession of a baccalaureate degree or higher, from an accredited institution recognized by the state board, in any of the following areas:
(i) Business.
(ii) Finance.
(iii) Accounting.
(iv) Educational administration.
(v) Other areas determined by the state board to be appropriate for chief school business officials.
(b) An applicant for a chief school business official's certificate endorsement shall have not less than 3 years of successful teaching experience, as determined by the employing school district, or 3 years of successful work experience in a field relevant to the duties and responsibilities of a school business official.
(c) An applicant for the chief school business official's certificate endorsement shall complete 20 semester hours of satisfactory credit in a state board approved program in school administration. The program shall include all of the following components:
(i) Business management, including all of the following areas:
(A) School finance.
(B) Accounting.
(C) School law.
(D) Budgeting.
(E) Purchasing.
(F) Facilities planning.
(G) Investments and risk management.
(H) School maintenance and operation.
(I) Business data processing.
(ii) Personnel management, including labor relations and personnel supervision, motivation, and appraisal.
(iii) Professional education, including educational leadership, school improvement, and curriculum development. The components of the approved program shall meet all standards as determined by the state board. The 20-semester-hour program may be included within a master's degree program.
(2) An applicant for the chief school business official's certificate endorsement who has 6 school years of successful experience as a school administrator shall not be required to complete the 20-semester-hour approved program as specified in subrule (1)(c) of this rule if all administrative experience occurred within a 6-year period preceding the date of application for an administrator's certificate endorsement. The administrative experience shall be employment as a school business official.
(3) Credit completed in an approved administrator preparation program for one level of administrator certification shall apply towards credit at another level if the credit meets the approved program requirements.
R 380.109 Certificate renewal.
Rule 9. (1) Renewal of a An administrator's certificate requires shall be renewed upon the applicant’s completion of 6 semester hours of credit completed at a state board-approved institution any recognized university, college, or Michigan community college or the equivalent in approved state board continuing education units. Credit shall be towards an individual's professional development as an administrator and shall be in accordance with state board policies. Credit completed out of state shall be through an accredited teacher or administrator education institution.
(2) Except for the first renewal, credit earned from July 1, 1988, until the date the state board begins the issuance of administrator certificates and state board-continuing education unit credit earned during the official department of education state board-continuing education unit pilot, aAll renewal credit shall be completed after the date of issuance of an administrator's basic certificate and within the five-calendar-year period before applying for renewal.
(3) Correspondence credit is not acceptable for meeting the requirements of an initial administrator's basic certificate or its renewal.
(4) Credit earned toward renewing an administrator's certificate may be used for renewing a teaching certificate if it is consistent with state board policies and criteria for continuing professional education programs for certificate renewal.
R 380.110 Waiver provisions. Rescinded.
Rule 10. (1) The state board may waive, through official action, any requirement for administrator certification because of unusual circumstances. A request for waiver may be granted by the state board to a school district willing to employ an individual in an administrator position. The state board, in accordance with criteria and procedures approved by the state board, may grant the waiver. A state board committee of teachers, administrators, school board members, and department personnel shall be appointed to review and make recommendations regarding such waivers.
(2) An applicant may satisfy any educational requirements for administrator certification by presenting evidence of equivalent criteria as determined by the state board. In granting such equivalence, the state board shall consider the following factors:
(a) College graduation.
(b) Previous employment experience.
(c) Scores on standardized examinations.
(d) Prior administrative experience.
(e) Any combination of the factors specified in subdivisions (a) to (d)of this subrule.
(3) An institution may award semester hours of credit based upon equivalence and partial fulfillment or complete fulfillment of any of the required credits for certification. An institution shall make application to the state board for approval for granting such equivalence.
R 380.111 Program approval and periodic review.
Rule 11. (1) The state board shall approve standards and procedures for reviewing school administrator preparation programs to prepare and recommend candidates for a school administrator certificate.
(1) (2) School administrator preparation programs shall be approved for a 5-year period by the state board. The requirements for each administrator's certificate identified in these rules shall be included as part of the program preparation. Initial preparation programs shall be reviewed by the department and employed school administrators. The state board will review. To determine the adequacy of institutional resources, staff, and counseling services in meeting state requirements. The state board will also utilize supply and demand data in determining the need for approving additional training programs.
(2) (3) A 5-year renewal of a school administrator preparation program shall be granted by the superintendent of public instruction based on accreditation of the preparation program by an accrediting body that is recognized by the United States department of education or a recommendation for approval from a state review process. state board approval shall require an institutional report of graduates before program renewal and a report of the number of instances certificate recommendations have been denied. Such report shall include recommendations for program revisions, as well as responses from graduates, employers, and other school administrators on revising program requirements. Reports shall also include information indicating the extent to which revenue obtained through a state board-approved administrator preparation program is being used to support, deliver, and upgrade the administrator preparation program.
(3) Costs associated with the initial review or renewal of an institution's approval shall be the responsibility of the institution requesting approval.
(4) Failure to comply with state board certification and program approval requirements, or knowingly advising individuals to complete credit in excess of state board-approved institutional requirements, may result in the suspension of an institution's approval pending a review by the state superintendent.
(5) The state board-approved institution shall document to the department that the applicant has met all approved program requirements.
(4) Upon completion of an approved school administrator preparation program, an approved institution shall recommend the candidate, in a manner prescribed by the superintendent of public instruction, to the department for issuance of a school administrator certificate.
R 380.111a Established state professional organization; specialty endorsement.
Rule 11a. (1) The state board shall approve standards and procedures for reviewing established state professional organizations’ programs to prepare and recommend candidates for specialty endorsements. The superintendent of public instruction shall make recommendations to the state board for the initial state approval of established state professional organizations, based on state-board approved standards and procedures.
(2) A state-board approved school administrator specialty endorsement program shall be offered by an established state professional organization. Approval is granted for a 5-year period. The successful completion of a specialty program shall result in an endorsement issued on an administrator’s basic certificate.
(3) The superintendent of public instruction shall continue approval of the established state professional organizations’ specialty endorsement programs.
(4) Upon request of the superintendent of public instruction, an established state professional organization shall present a report of its specialty endorsement preparation program descriptors and performance measures.
Rule 380.111b Established state professional organization; enhanced endorsement.
Rule 111b. (1) The state board shall approve standards and procedures for reviewing established state professional organizations’ programs to prepare and recommend candidates for enhanced endorsements. The superintendent of public instruction shall make recommendations to the state board for the initial state approval of established state professional organizations, based on state-board approved standards and procedures.
(2) A state-board approved school administrator enhanced endorsement program shall be offered by an established state professional organization. Approval is granted for a 5-year period. The successful completion of an enhanced program shall result in an endorsement issued on an administrator’s basic certificate.
(3) The superintendent of public instruction shall continue approval of the established state professional organizations’ enhanced endorsement programs.
(4) Upon request of the superintendent of public instruction, an established state professional organization shall present a report of its enhanced endorsement preparation program descriptors and performance measures.
R 380.112 Experimental programs.
Rule 12. The state board may waive any of the requirements in R 380.111 for an experimental administrator training preparation program. Upon adequate evidence, the state board may give continuing status to an experimental program of demonstrated excellence. Requests for an approved experimental program shall be made to the superintendent of public instruction.
R 380.113 School administrator's permit. Rescinded.
Rule 13. (1) An employing school district or intermediate school district may request a school administrator's permit to employ an individual as a school administrator if a certificated administrator is not available and if the individual meets all of the following qualifications:
(a) Possesses a Michigan teaching certificate valid for the level of the administrative assignment as determined by the state board.
(b) Has completed a minimum of 3 school years of successful elementary or secondary teaching experience, as determined by the employing school district.
(c) Is enrolled in a state board-approved administrator preparation program for administrator certification.
(2) If the individual to be employed utilizing a school administrator's permit is a chief school business official, such individual shall meet both of the following requirements:
(a) Hold a baccalaureate degree or higher in any of the following areas:
(i) Business.
(ii) Finance.
(iii) Accounting.
(iv) Educational administration.
(v) Other areas as determined by the state board to be appropriate for chief school business officials.
(b) Have not less than 3 years of teaching experience or 3 years of work experience in a field relevant to the duties and responsibilities of a school business official. A chief school business official is not required to meet the provisions of subrule (1) (a) and (b) of this rule.
(3) Applications for a school administrator's permit shall be submitted by the employing school district to the department not less than 10 days before employment. A school administrator's permit is valid for 5 years if the individual annually completes credit in a state board-approved school administrator certification program. Permits shall be issued to the employing school district or intermediate school district on a form supplied or approved by the state board. At the expiration of this permit, the individual shall meet the requirements for an administrator's certificate for continued employment as a school administrator. A school administrator's permit shall not be renewed.
R 380.114 Certificate specialty endorsement.
Rule 14. (1) The state board may approve an established state professional organization for the purpose of offering a performance-based specialty endorsement to an administrator’s certificate. Specialty endorsement programs shall meet state board standards prior to approval being granted. Specialty endorsements may be offered in 1 or more of the following areas:
(i) Leadership improvement framework endorsement.
(ii) School-level specialty endorsement.
(iii) Central office specialty endorsement.
(iv) Superintendent specialty endorsement or other areas approved by the state board.
(2) Upon approval of the state board, an established state professional organization may recommend the addition of a specific recognized administrative function to the specialty endorsement as a designation of advanced preparation.
(3) Upon completion of an approved specialty endorsement program, an established state professional organization shall recommend the candidate, in the manner prescribed by the superintendent of public instruction, to the department for issuance of the specialty endorsement to an administrator certificate.
R 380.115 Certificate enhanced endorsement.
Rule 15. (1) The state board may approve an established state professional organization for the purpose of offering an advanced performance- and impact-based enhanced endorsement to an administrator’s certificate. Such enhanced endorsement programs shall meet all state board standards prior to approval being granted.
(2) Upon completion of an approved enhanced endorsement program, the established state professional organization shall recommend the candidate, in the manner prescribed by the superintendent of public instruction, to the department for issuance of the endorsement to the administrator certificate.
(3) An administrator certificate with an enhanced endorsement shall be valid for 10 years based on the issue date of the endorsement.
R 380.116 Eligibility for employment; continuing education requirements.
Rule 16. A school administrator who holds a valid administrator’s basic certificate shall be considered to have met all continuing education requirements required under section 1246 of 1976 PA 451, MCL 380.1246 and R 380.1201.
PART 2. ADMINISTRATIVE HEARINGS
R 380.121 Certificates; denial, suspension, or revocation; reinstatement.
Rule 21. (1) The state board superintendent of public instruction may refuse to grant or renew, or may revoke or suspend for a fixed term, or revoke, or may impose reasonable conditions on, an a school administrator's certificate granted pursuant to these rules for any of the following reasons:
(a) Fraud, material misrepresentation, counterfeiting a certificate, or concealment or omission of fact in the application for, or the use of a school administrator certificate.
(b) Failure or ineligibility of the applicant or certificate holder to meet the criteria for eligibility for the certificate.
(c) (b) Conviction, as an adult, of an act of immoral conduct involving a child or contributing to the delinquency of a child or of a felony involving moral turpitude of an offense listed in MCL 380.1535a or MCL 380.1539b.
(2) The superintendent of public instruction may refuse to grant or renew a school administrator certificate for failure or ineligibility of the applicant to meet the criteria for the applicable certification.
(2) (3) A school administrator certificate shall not be denied, suspended, or revoked solely on the basis of a prior felony conviction, unless it is related the superintendent of public instruction finds that the conviction is reasonably and adversely to the ability of the person to related to the person’s present fitness to serve in an elementary or secondary school in the state or that the conviction demonstrates that the person is unfit to act as a school administrator in an elementary or secondary school in this state.
(4) A certified copy of the judgment of conviction and sentence is conclusive evidence of conviction of a crime pursuant to MCL 380.1535a or MCL 380.1539b. A conviction of a crime listed in MCL 380.1535a or MCL 380.1539b, or of a substantially similar crime in another state, is considered to be reasonably and adversely related to the ability of the person to serve in an elementary or secondary school and is sufficient grounds for suspension or revocation of the person’s school administrator certificate.
(3) (5) Upon application After the completion of a person’s sentence and upon application and a showing of good cause, the state board superintendent of public instruction may reinstate a suspended or revoked certificate or may grant a new certificate grant a new or renewed certificate, or reinstate a suspended or revoked certificate. The applicant or certificate holder shall be permitted to demonstrate that, at the present time, he or she has the ability to serve in an administrative position without adversely affecting children or other members of the profession and shall provide proof that he or she is rehabilitated. The superintendent of public instruction shall not grant a new or renewed certificate or reinstate a person’s certificate unless the superintendent of public instruction finds that the person is currently fit to serve in an elementary or secondary school in this state and that reinstatement of the person’s school administrator certificate will not adversely affect the health, safety, and welfare of pupils.
R 380.122 Contested case; grounds. Rescinded.
Rule 22. A contested case may be instituted pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws, in the event of a refusal to grant or renew an administrator's certificate, or in the event of a suspension or revocation of an administrator's certificate.
R 380.123 Investigation.
Rule 23. The superintendent of public instruction shall designate an employee of the Michigan department of education to perform the investigatory and prosecutorial functions regarding cases pertaining to school administrator certification. Upon receipt of information which may serve as the basis for a refusal to grant, or renew, suspend, or revoke an administrator's a school administrator certificate or as the basis for the suspension or revocation of an administrator's certificate, the designee of the superintendent of public instruction shall initiate an investigation of that information.
R 380.124 Written charges; service; notice of opportunity to show compliance; informal conference.
Rule 24. (1) If The designee of the superintendent of public instruction determines that probable cause exists for the suspension or revocation of an administrator's certificate, the superintendent shall initiate the preparation and filing of written charges with the state board and shall cause a copy thereof and a notice of opportunity to show compliance to be served upon the administrator. shall prepare and file written charges and shall serve a letter copy of notice of opportunity to show compliance to the school administrator in question and shall inform the school administrator of hearing rights under these rules. A complete copy of the applicable rules and laws shall be furnished to the school administrator.
(2) Within 20 15 working days of service of the notice of opportunity to show compliance, an a school administrator may request an informal conference file a request to show compliance. The informal conference shall be a telephone conference, unless otherwise specified, with an authorized representative of the state board superintendent of public instruction.
(3) After the informal conference, the state board superintendent’s designee may, after considering the recommendation of its authorized representative evidence presented, make a finding of compliance, enter into a written settlement of the matter with the administrator without a hearing, or, direct that a notice of hearing be issued. If, after considering the evidence presented, the superintendent’s designee recommends making a finding of compliance or entering into a written settlement of the matter with the school administrator without a formal hearing, the superintendent of public instruction shall approve, modify, or deny the recommended action.
R 380.125 Notification of hearing rights; copies of rules and laws Rescinded.
Rule 25. Upon receipt of written charges, the state board shall inform the administrator of hearing rights under these rules and under sections 71 to 92 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.292 of the Michigan Compiled Laws, and section 10 of Act No. 287 of the Public Acts of 1964, being S388.1010 of the Michigan Compiled Laws. A complete copy of these rules and the laws specified in this rule shall be furnished to the administrator.
R 380.126 Notice of hearing; written charges; absence of party at hearing; settlement; hearing as public or private at request of administrator absence of party.
Rule 26. (1) Within 30 Following 15 working days of service of the notice of opportunity to show compliance, if the school administrator does not request an informal conference, a notice of hearing and a copy of the written charges suspension of the school administrator certificate shall be served upon the school administrator.
(2) After an informal conference, and a decision by the state board superintendent’s designee to proceed to hearing, a notice of hearing and a copy of the written charges shall be served upon the school administrator and a request for a hearing shall be submitted to the state office of administrative hearings and rules.
(3) The written charges may be amended between the time of the notice of opportunity to show compliance and the notice of hearing.
(4) (3) If the school administrator fails to attend the hearing, then the hearing may proceed and the decision may be made in the absence of the school administrator.
(5) (4) The school administrator and the state board superintendent of public instruction may agree in writing to a settlement of the matter without a hearing.
(6) A hearing shall be public or private at the request of the administrator.
R 380.127 Answer to formal charges; bill of particulars.
Rule 27. An A certified school administrator may file an answer to formal charges with the state board designee of the superintendent of public instruction. The answer shall be filed not less than 10 days before the hearing. The designee of the superintendent of public instruction shall file a copy of the answer upon receipt with the state office of administrative hearings and rules.
(2) If the formal charges are believed by the administrator to be so ambiguous that an answer cannot be adequately prepared, the administrator may file a motion for a bill of particulars with the hearing officer. The request for a bill of particulars shall be granted upon a demonstration of good cause.
R 380.128 Representation; appearance by legal counsel; service on attorneys of record Filing.
Rule 28. (1) An administrator may represent himself or herself or be represented by legal counsel or another duly authorized representative.
(2) An appearance by legal counsel shall be filed in writing and at the earliest possible time. Thereafter, service upon the attorneys of record shall be deemed service upon the parties. To be timely received, any filing required under these rules shall be received by the Michigan department of education before the close of business on the last day of the time limit for the filing. Filing may be by facsimile (fax).
R 380.129 Hearing officer; duties Summary suspension.
Rule 29. A hearing officer designated by the state board shall promptly establish hearing dates, inquire fully into all facts relevant to each proceeding, and submit proposals for decision to the state board and the parties.
If a person who holds a Michigan school administrator certificate has been convicted of a crime described in MCL 380.1535a(2) and 380.1539b(2), or if the superintendent of public instruction or his or her designee finds that the public health, safety or welfare otherwise requires emergency action, the superintendent of public instruction or his or her designee shall order summary suspension of the person’s school administrator certificate, pursuant to MCL 24.292. The person shall be provided a prompt opportunity for a hearing as provided under MCL 24.292. Rules 24 and 26 do not apply to this rule.
R 380.130 Hearing officer; qualification; prohibited communications Rescinded.
Rule 30. (1) The hearing officer shall be from an office completely separated from any person involved in investigatory or prosecutorial functions regarding contested cases pertaining to administrator certification.
(2) A hearing officer shall not directly or indirectly communicate with a party, a representative of a party, or other person who has been engaged in investigatory or prosecutorial functions regarding any issue of fact or law, except on notice and opportunity for all parties to participate, unless otherwise provided by law.
R 380.131 Witnesses; fees and expenses; exclusion from hearing; communications Rescinded.
Rule 31. (1) A witness, except a state employee, who is requested to appear at a hearing by the hearing officer shall be paid an appropriate witness fee and expenses by the party that had the hearing officer request the presence of the witness. Fees and expenses shall be consistent with those provided in circuit court.
(2) Upon motion and a showing of good cause, a prospective witness may be excluded from a hearing. Witnesses may be instructed not to communicate with a prospective witness.
R 380.132 Transcript; evidence; exhibits.
Rule 32. (1) A hearing reporter shall transcribe the testimony taken at a hearing and file the certified original with the state board upon request of the hearing officer or the state board. A party may request a copy of the transcript at his or her own expense. When a transcript is prepared, the certified original shall be filed with the state board and all parties shall be notified.
(2) Evidence in a contested case may be retained in the custody of a person designated by the hearing officer or the state board upon such terms as are just, practicable, and designed to preserve the evidence without unduly interfering with any other legal proceeding.
(3) Exhibits shall be retained by the hearing officer until such time as they are certified and filed with the state board, together with the proposal for decision. A verbatim record shall be taken of the proceedings. A party may request a copy of the transcript at the party’s expense.
R 380.133 Exceptions, cross-exceptions, and briefs.
Rule 33. (1) Within 20 days after service of the proposal for decision, a party may file a written statement with the state board superintendent of public instruction setting forth exceptions thereto or to any other part of the record or proceeding, including rulings upon motions and objections. A brief in support of these exceptions may be filed with the state board superintendent of public instruction. A copy of the exceptions and any brief shall be served on each party to the proceedings.
(2) Within 10 days after service of an exception, a party may file a cross exception and a brief in support thereof, or a brief in support of the proposal for decision. A copy of the cross exceptions and any brief shall be served on each party to the proceedings.
R 380.134 Oral arguments.
Rule 34. If a party desires to present oral arguments to the state board superintendent of public instruction, a written request therefor shall be made to the state board superintendent of public instruction at the time an exception, cross exception, or brief is filed. The state board superintendent of public instruction on its his or her own motion, may direct oral argument or grant or deny a request for oral argument.
R 380.135 Advice of attorney general or designated assistant Rescinded.
Rule 35. With regard to the contested case under consideration or a factually related case, the state board may seek the legal advice of the attorney general or a designated assistant other than a person who may have engaged in investigatory or prosecutorial functions.
R 380.136 Proposal for decision; action by state board superintendent of public instruction.
Rule 36. The state board superintendent of public instruction may adopt, modify, or reverse the proposal for decision or remand the case to the state office of administrative hearings and rules for further findings of fact.
(2) A party shall not directly or indirectly communicate with the superintendent of public instruction or persons involved in the review of a proposal for decision, regarding issues of fact or law, except on notice and opportunity for all parties to participate, unless provided by law.
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