FIRST REGULAR SESSION
HOUSE BILL NO. 81
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES RELFORD, RANSDALL,
DAVIS AND SEIGFREID (Co-sponsors).
Pre-filed December 4, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 168.021 and 168.071, RSMo 2000, relating to teacher certificates of license, and to enact in lieu thereof seven new sections relating to the same subject, with penalty provisions.
Section A. Sections 168.021 and 168.071, RSMo 2000, are repealed and seven new sections enacted in lieu thereof, to be known as sections 161.229, 161.231, 168.021, 168.071, 168.073, 168.075 and 168.077, to read as follows:
161.229. In all matters arising pursuant to its authority pursuant to chapters 160 to 171, RSMo, the department is entitled to the attorney-client privilege and work-product privilege to the same extent as any other person.
161.231. 1. The commissioner of the department of elementary and secondary education may administer oaths, subpoena witnesses, issue subpoenas duces tecum and require production of documents and records. Subpoenas, including subpoena duces tecum, issued pursuant to this section shall be served by a person authorized to serve subpoenas of courts of record. In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the department may require sworn copies of such documents to be filed with it or delivered to its designated representative.
2. The department may enforce its subpoenas, including subpoena duces tecum, by applying to the circuit court of Cole County, the county of the investigation, hearing or proceeding or any county where the person resides or may be found, for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced. The order and a copy of the application for the order shall be served upon the person in the same manner as a summons in a civil action. If the circuit court shall, after a hearing, determine that the subpoena should be sustained and enforced, such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court.
168.021. 1. Certificates of license to teach in the public schools of the state shall be granted as follows:
(1) By the state board, [under] pursuant to rules and regulations prescribed by it[,]:
(a) Upon the basis of college credit;
(b) Upon the basis of examination; and
(c) Upon completion of a background check;
(2) By the state board, [under] pursuant to rules and regulations prescribed by the state board with advice from the advisory council established by section 168.015 to any individual who presents to the state board a valid doctor of philosophy degree from an accredited institution of higher education accredited by a regional accrediting association such as North Central Association. Such certificate shall be limited to the major area of postgraduate study of the holder, shall be issued only after both successful completion of the examination required for graduation pursuant to section 168.033 if appropriate and successful completion of a background check, and shall be restricted to those certificates established pursuant to subdivisions (1) and (2) of subsection 4 of this section; or
(3) By the state board, which shall issue the professional certificate classification in both the general and specialized areas most closely aligned with the current areas of certification approved by the state board, commensurate with the years of teaching experience of the applicant, and based upon the following criteria:
(a) Recommendation of a state-approved baccalaureate-level teacher preparation program;
(b) Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education. Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and
(c) Upon completion of a background check and possession of a valid teaching certificate [in the state from which the applicant's teacher preparation program was completed].
2. All valid teaching certificates issued pursuant to law or state board policies and regulations prior to September 1, 1988, shall continue in effect until they expire, are revoked or suspended, as provided by law. [When such certificates are required to be renewed, the state board or its designee shall grant to each holder of such a certificate the certificate most nearly equivalent to the one so held.]
3. Any teacher holding a third class county certificate in the state during the 1972-73 school year shall upon his or her written request be given an examination by a person designated by the state commissioner of education to determine his or her eligibility to be granted a certificate of license to teach. The examination shall be comparable to those given by county superintendents to eligible applicants prior to July 1, 1974. Upon successful completion of the examination the applicant shall be issued a certificate by the state board of education entitling the holder to teach in the public schools of the state for a period of three years. A request for such examination must be presented to the commissioner of education on or before March first of the year in which the examination is to be administered. The commissioner of education shall cause the examination to be administered and the certificate issued to those successfully completing it prior to April first of the year in which the application for the examination was received.
4. [After September 1, 1988,] Certificates of license to teach in the public schools of the state shall be based upon minimum requirements prescribed by the state board of education which shall provide for levels of certification including, but not limited to, an initial professional certificate and culminating with a continuous professional certificate:
(1) The initial professional certificate shall be issued upon completion of requirements established by the state board of education and shall be valid based upon verification of actual teaching within a specified time period established by the state board of education;
(2) One or more levels of renewable professional certificates shall be issued upon verification of completion of criteria established by the state board of education;
(3) The continuous professional certificate shall be issued upon verification of completion of criteria, which shall not exceed a master's degree or its equivalent and ten years' employment in an educational position, established by the state board of education. The continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines.
5. Policies and procedures shall be established by which a teacher who was not retained due to a reduction in force may retain the current level of certification. There shall also be established policies and procedures for a teacher who has not been employed in an educational position for three years or more for reasons other than reduction in force.
6. The state board shall establish policies by which [residents of states] individuals who have completed a four-year baccalaureate degree or higher-level state approved teacher preparation program from a state other than the state of Missouri may be assessed a fee for a certificate license to teach in the public schools of Missouri. Such fee shall be in an amount sufficient to recover any or all costs associated with the issuing of a certificate of license to teach.
7. Any member of the public school retirement system of Missouri who entered covered employment with ten or more years of educational experience in another state or states and held a certificate issued by another state and subsequently worked in a school district covered by the public school retirement system of Missouri for ten or more years who later became certificated in Missouri shall have that certificate dated back to his or* her original date of employment in a Missouri public school.
168.071. 1. [The Missouri state board of education may refuse to issue or renew, or may suspend or revoke a certificate of license to teach upon satisfactory proof of incompetency, cruelty, immorality, drunkenness, neglect of duty, or the annulling of a written contract for reasons other than election to the general assembly, with the local board of education without the consent of the majority of the members of the board which is a party to the contract. Charges may be filed by any school district or, at the request of the school district, by the office of the attorney general if the school district has been identified as financially stressed pursuant to section 161.520, RSMo. If the underlying conduct or actions which are the basis for charges filed under this subsection are also the subject of a pending criminal charge against the person holding such certificate, and that person requests in writing a delayed hearing on advice of counsel under the fifth amendment of the Constitution of the United States, no hearing shall be held until after final disposition of the criminal charge.
2. The state board of education may refuse to issue or renew, or may, upon hearing, suspend or revoke a certificate of license to teach if a certificate holder or applicant for a certificate has pleaded to or been found guilty of a felony or crime involving moral turpitude under the laws of this state or any other state or of the United States, or any other country, whether or not the sentence is imposed.] Except as provided in subsection 3 of this section, the state board of education may refuse to issue or renew, or may, upon a hearing as set forth in rules promulgated by the board, suspend, discipline or revoke, a certificate of license to teach if the certificate holder has:
(1) Pleaded to, or been found guilty of, a felony or crime involving moral turpitude pursuant to the laws of this state, any other state, the United States or any other country, whether or not sentence is imposed;
(2) Used fraud, deception, misrepresentation or bribery in securing any certificate of license to teach issued pursuant to this chapter;
(3) Been subject to any revocation, suspension or disciplinary action against his or her certificate of license to teach as granted by another state, territory, federal agency or country; provided that the grounds for such revocation, suspension or disciplinary action are also authorized in this chapter;
(4) Engaged in acts of incompetency, cruelty, immorality, drunkenness or neglect of duty;
(5) Violated a professional trust or confidence; or
(6) For reasons other than election to the general assembly, annulled a written contract with a local school board without the consent of the majority of the board as party to such contract.
2. Charges may be filed by the state board of education or by any school district for any of the causes listed in subsection 1 of this section. The charges filed with the state board of education pursuant to this section shall be in writing and shall plainly and fully specify the basis for the charges. If brought by a school district, the charges shall be signed by the chief administrative officer of the district or by the president of the school board when so authorized by the majority of the board. The certificate holder shall be given not less than thirty days' notice of the hearing and shall be given an opportunity to be heard, together with witnesses. If the underlying conduct or actions which are the basis for the charges filed pursuant to this subsection are also the subject of a pending criminal charge against the person holding such certificate, and if such person requests in writing a delayed hearing on advice of counsel pursuant to the fifth amendment of the Constitution of the United States, no hearing shall be held until after final disposition of the criminal charge.
3. Upon notice by certified mail, return receipt requested or, if notice by certified mail is unsuccessful, upon notice by first class mail, to the last known address of the certificate holder, the certificate of license to teach shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the certificate holder or applicant has pleaded guilty to or been found guilty of any of the following offenses established pursuant to Missouri law or offenses of a similar nature established [under] pursuant to the laws of any other state or of the United States, or any other country, whether or not the sentence is imposed:
(1) Any dangerous felony as defined in section 556.061, RSMo, or murder in the first degree;
(2) Any of the following sexual offenses: rape; statutory rape in the first degree; statutory rape in the second degree; sexual assault; forcible sodomy; statutory sodomy in the first degree; statutory sodomy in the second degree; child molestation in the first degree; child molestation in the second degree; deviate sexual assault; sexual misconduct involving a child; sexual misconduct in the first degree; or sexual abuse;
(3) Any of the following offenses against the family and related offenses: incest; abandonment of child in the first degree; abandonment of child in the second degree; endangering the welfare of a child in the first degree; abuse of a child; child used in a sexual performance; promoting sexual performance by a child; or trafficking in children; and
(4) Any of the following offenses involving child pornography and related offenses: promoting obscenity in the first degree; promoting child pornography in the first degree; promoting obscenity in the second degree when the penalty is enhanced to a class D felony; promoting child pornography in the second degree; possession of child pornography in the first degree; possession of child pornography in the second degree; furnishing child pornography to a minor; furnishing pornographic materials to minors; or coercing acceptance of obscene material[; or sale or rental to persons under seventeen].
4. In the case of any certificate holder who has surrendered or failed to renew his or her certificate of licensure to teach, the state board of education may refuse to issue or renew, or may suspend or revoke, such certificate for any of the reasons contained in this section.
5. The certificate holder whose certificate was revoked pursuant to subsection 3 of this section may appeal such revocation to the state board of education. The certificate holder whose certificate has been revoked pursuant to subsection 3 of this section must notify the commissioner of education of the intent to appeal by advising the commissioner within thirty days of [the certificate holder's plea of guilty or finding of guilt of the intent to appeal] notice of the revocation described in subsection 3 of this section. Failure of the certificate holder to notify the commissioner of the intent to appeal waives all rights to appeal said revocation. Upon notice of the certificate holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the commissioner of education, with the final decision made by the state board of education, based upon the record of that hearing. The certificate holder shall be given not less than thirty days' notice of the hearing, and an opportunity to be heard by the hearing officer, together with witnesses. In those cases where the plea of guilty to or finding of guilt of any of the offenses listed in subsection 3 of this section [involve] involves a minor child, testimony from the minor child involved in the complaint shall not be required. The hearing officer shall accept into the record the transcript of any testimony of a child involved in such offense if such testimony was admitted in any court hearing. Subsection [6] 7 of this section shall apply to any final decision made by the state board of education pursuant to this subsection.
[5. The charges filed with the state board of education under this section shall be in writing and plainly and fully specify the basis for the charges. The charges shall be signed by the chief administrative officer of the district or by the president of the board of education when so authorized by a majority of the board. The certificate holder shall be given not less than thirty days' notice of the hearing, and an opportunity to be heard, together with witnesses.
6. The certificate holder may appeal to the circuit court at any time within thirty days after receipt of the final decision of the state board of education. The appeal shall be heard with a jury at the option of either the certificate holder or the party filing the charges, and shall be tried de novo, affirming or denying the action of the state board of education. Costs shall be taxed against the appellant if the judgment of the state board of education is affirmed. In those cases where the charges allege immorality by the certificate holder involving a minor child, such case shall be heard by the court without a jury and any testimony from the minor child involved in the complaint shall be taken directly from the hearing record taken on behalf of the state board of education.]
6. Contested cases and other matters involving certificate holders, licensees or applicants pursuant to this section may be informally resolved by consent agreement, agreed settlement or voluntary surrender of the certificate or license pursuant to the rules promulgated by the state board of education.
7. The final decision of the state board of education is subject to judicial review pursuant to sections 536.100 to 536.140, RSMo.
[7.] 8. The issuance of a certificate of license to teach to an individual who has been convicted of a felony or crime involving moral turpitude, whether or not the sentence is imposed, shall be issued only upon motion of the state board of education adopted by a unanimous affirmative vote of those members present and voting.
168.073. 1. If an employee or school board member has direct knowledge that a certificate holder has been charged with, pled guilty to or been found guilty of any felony or of any other crime or misdemeanor involving any of the acts described in subsection 1 or subsection 3 of section 168.071, established pursuant to the laws of this state, any other state, the United States or any other country, whether or not the sentence is imposed, that employee or school board member shall report such act of such certificate holder to the district superintendent. Upon receiving a report of such act the superintendent shall notify the department of elementary and secondary education of such act.
2. If a local board of education has a written policy that substantially complies with the provisions of subsection 1 of this section, then any employee or school board member who follows that written policy shall be deemed to have complied with the provisions of subsection 1 of this section.
3. Any employee or school board member acting in conformity with either the provisions of subsection 1 of this section or any substantially complying policy pursuant to subsection 2 of this section shall not be civilly liable for any such conforming action.
4. Any employee, school board member or superintendent who fails to report any of the offenses listed in subsection 1 of this section to the appropriate local law enforcement agency shall be guilty of a class A misdemeanor.
168.075. 1. The school district shall ensure that a national criminal history background check, including fingerprint, is conducted for each pupil contact individual of a school district prior to the individual having contact with any pupil. For purposes of this section, "pupil contact individual" shall include, but is not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, nurses, school bus drivers and volunteers. The department shall promulgate rules for subsequent criminal history background checks.
2. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 538, RSMo.
168.077. 1. All educational transcripts, test scores, complaints, investigatory reports and information pertaining to any person who is an applicant, certificate holder or licensee of the department are confidential and may not be disclosed to the public or any member of the public, except with the written consent of the person whose records are involved or the school district where the individual is currently employed or was employed at the time of the incident which gave rise to the investigation; provided that, the department may disclose confidential information without consent of the person involved in the course of voluntary interstate exchange of information, in the course of any litigation concerning that person, pursuant to a lawful request, or to school districts or other administrative or law enforcement agencies acting within the scope of their statutory authority. Information regarding identity, including name and address, registration and currency of the license or certificate of the person and the name and address of an applicant for such certificate or license is not confidential information.
2. Notwithstanding any other provision of the law to the contrary, no complaint, investigatory report or information received from any source may be disclosed prior to its review by the department.
3. At its discretion, the department may disclose complaints, completed investigatory reports and
information obtained from state administrative and law enforcement agencies to a certificate holder,
licensee or applicant in order to further an investigation or to facilitate settlement
negotiations.
Missouri House of Representatives