Actions of the State Board of Education Relating to Applications for Educator Certificates

PURPOSE: The State Board of Education is authorized to grant educator certification in any of the public schools of the state and to establish requirements and qualifications for those certificates. This rule establishes procedures for review of all applications including those of individuals convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed; applicants whose certificate of license to teach has been revoked in Missouri or in another jurisdiction; and applicants seeking to appeal a denial of a certificate of license to teach by the Office of Educator Quality. (1) Applications. (A) Any application for a certificate of license to teach (certificate), including candidates for a Missouri educator certificate who are currently enrolled in professional education courses in conjunction with state-approved teacher preparation programs, shall be reviewed by the Office of Educator Quality within the Department of Elementary and Secondary Education (department). A complete application shall include— 1. Information regarding teaching certificates or similar titles and/or other professional licenses or similar titles held, including but not limited to disciplinary actions, denials, restrictions, revocations, voluntary surrenders, suspensions, reprimands, and/or investigations; 2. Consent authorizing the department, as it deems necessary or appropriate, to make contact with, interview, consult, obtain documentation, and verification from other persons and sources within or without Missouri with respect to the applicant, and the applicant’s request for certification or recertification; 3. Transcripts and supporting documentation necessary to show compliance with all the requirements for certification that are in effect at the time application for certification or recertification is made; 4. Other information including recent employment and references requested by the department that may be deemed relevant to the request for certification or recertification; 5. A completed fingerprint-based background check processed by the Missouri State Highway Patrol (MSHP) and the Federal Bureau of Investigation (FBI); 6. If the applicant has a criminal history, then the following additional information is required for a complete application: A. Information relating to any criminal history including being found guilty, entering a plea of guilty, receipt of a suspended imposition of sentence, receipt of a suspended execution of sentence, or entering a plea of nolo contendere, regardless of expungement for any violation of any laws of a state, the United States, or any other country, other than a minor traffic violation or a violation of a municipal ordinance. The applicant shall provide information about the date of the court action, the applicant’s age at the time of the underlying offense, the facts of the crime, and whether the conduct that was the basis for the conviction was in the scope of the applicant’s duties while employed by a school district, charter school, or private school; B. A statement as to rehabilitative steps completed by the applicant relating to applicant’s criminal conduct; and C. A minimum of three (3) and maximum of ten (10) statements provided by individuals who have knowledge of the applicant’s character, conduct history, action, or activities since the applicant’s criminal conduct. At least two (2) of the statements must be from individuals who are unrelated to the applicant by affinity or blood within the fourth degree. (B) Applicants who have been convicted of a felony or crime involving moral turpitude, whether or not sentence is imposed, who have neither been denied nor issued a certificate by the Office of Educator Quality, shall be placed on the agenda of the board as soon as reasonably possible after submitting a complete application. The applicant will be notified of the date, time, and place of the board meeting. Consideration by the board will consist of a review of the application and additional documents. The applicant will not have the opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board. For those certification applications that must be approved by the board, they will only be issued upon motion of the board and adopted by a unanimous affirmative vote of those members present and voting. (2) Applications from Individuals Who Have Previously Been Subject to Discipline. (A) Any application for an educator certificate submitted by an individual who has been subject to previous disciplinary action by the board or by a licensing authority in another state or political jurisdiction shall only be granted by affirmative vote of the board. 1. An application must be complete to go to the board. A completed application shall include— A. Information regarding teaching certificates or similar titles and/or other professional licenses or similar titles held, including but not limited to disciplinary actions, denials, restrictions, revocations, voluntary surrenders, suspensions, reprimands, and/or investigations; B. A consent authorizing the department, as it deems necessary or appropriate, to make contact with, interview, consult, obtain documentation and verification from other persons and sources within or without Missouri with respect to the applicant and the applicant’s request for certification; C. Transcripts and other evidence necessary to show compliance with all the requirements for certification that are in effect at the time application for certification or recertification is made; D. Other information including recent employment and references requested by the department that may be deemed relevant to the request for certification or recertification; E. A completed fingerprint-based background check processed by the MSHP and the FBI; and F. If the applicant has previous criminal history, the applicant will follow the additional requirements outlined in paragraph (1)(A)6., above. 2. The completed application will be submitted to the Office of Educator Quality for consideration of recommendation to the board. Applications receiving recommendations shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting. Consideration by the board will consist of a record review of the application and related documents. The applicant will not have the opportunity to present additional evidence or testify. The applicant will be notified in writing of the decision of the board. (3) Decisions. (A) The Office of Educator Quality issues certificates based on standards adopted by the board and applicable law. (B) Denials. 1. The Office of Educator Quality may deny an application. If the application is denied, the applicant may appeal to the commissioner of education. 2. Applicants who are denied by the Office of Educator Quality will be advised in writing of the reason(s) why certification is denied and will receive notice of the process for appeal. A. The applicant, within thirty (30) days of receipt of written notice of denial, may file a written request with the commissioner of education to review the decision of the Office of Educator Quality. The request shall be mailed to the Commissioner of Education, PO Box 480, Jefferson City, MO 65102-0480 or emailed to commissioner@dese.mo.gov. The applicant shall provide all documentation to be considered by the commissioner of education or a designee in reviewing the application. B. The commissioner of education or a designee will notify the applicant in writing of the decision. C. If the commissioner of education or a designee approves the decision of the Office of Educator Quality in denying certification, the applicant, within thirty (30) days of receipt of written notice of the decision, may file a written notice of appeal (appeal) with the board by addressing the notice to the secretary of the State Board of Education, PO Box 480, Jefferson City, MO 65102-0480 or emailed to sbe@dese. mo.gov. In addition to stating the applicant’s desire to appeal the denial of certification, the appeal shall include a statement of each reason the applicant relies upon to demonstrate support for the reversal of denial. D. The applicant’s appeal shall be placed on the agenda of the board as soon as reasonably possible. The applicant will be notified of the date, time, and place of the board meeting. E. The appeal will consist of a record review of the application, related materials reviewed by the commissioner of education, and the applicant’s additional statements. The applicant will not have the opportunity to present additional evidence to testify. The applicant will be notified in writing of the decision of the board. F. Applications denied by the board are subject to judicial review by the circuit court under section 536.130, RSMo. (C) Reapplications. 1. Applicants who have been denied certification and have completed the steps in subsection (3)(B) are barred from reapplication for one (1) year. 2. Individuals whose certification has been revoked under section 168.071.6, RSMo, are barred from reapplying for certification for five (5) years from the date that the revocation was implemented. AUTHORITY: sections 161.092 and 168.011, RSMo 2016, and section 168.021, RSMo Supp. 2024.* Original rule filed Feb. 27, 2013, effective Sept. 30, 2013. Amended: Filed Dec. 9, 2015, effective July 30, 2016. Amended: Filed Aug. 12, 2024, effective March 30, 2025. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 168.011, RSMo 1963, amended 1984; and 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003, 2008, 2009, 2011, 2013, 2014, 2018, 2020, 2022, 2024.