Procedure for Potential Candidates for Missouri Certificate of License to Teach with a Criminal History to Petition the State Board of Education for Background Clearance

PURPOSE: This rule outlines the procedure for a potential candidate for Missouri certificate of license to teach with a criminal history to petition the State Board of Education for a professional background clearance. (1) Potential candidates for a Missouri certificate of license to teach who are currently enrolled in professional education courses in conjunction with state-approved teacher preparation programs may petition the State Board of Education (board) for provisional clearance of their background, enabling possible issuance of a Missouri certificate of license to teach upon completion of their teacher preparation program and pursuant to the rules promulgated by the board. (2) A potential candidate may apply to petition the board for background clearance by completing and submitting the background check form. The form is provided by the board and may be obtained by writing the Educator Certification Section of the Department of Elementary and Secondary Education (DESE) at PO Box 480, Jefferson City, MO 65102, or the form may be downloaded from the Internet. The form contains the following: (A) Applicant’s full name, date of birth and Social Security number; (B) Applicant’s residential address; (C) Details 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; (D) Details regarding being found guilty, plea of guilty, receipt of a suspended imposition of sentence or entering a plea of nolo contendere for any violation of any laws of a state, the United States or any other country, other than a traffic violation; and (E) Details regarding any pending complaints and/or investigations before any regulatory board or agency. (3) A potential candidate wishing to petition the board shall request and obtain documentation of current enrollment in a professional education course in conjunction with a stateapproved teacher preparation program from the designated official of the institution. (4) A potential candidate wishing to petition the board for background clearance shall request that each state or United States territory regulatory entity in which a professional license including a certificate of license to teach is held or has ever been held to submit verification of certification or licensure directly to DESE, including information regarding any disciplinary action. (5) The background check form is not considered officially filed with the board until it has been determined by the board or DESE staff to be complete and the application is submitted on the forms provided by the board, signed and accompanied by two (2) full sets of fingerprints with the appropriate fee as set by the Missouri State Highway Patrol (Highway Patrol) and/or the Federal Bureau of Investigation (FBI) and any other applicable forms and/or fees. All information should be received by the board within ninety (90) days of the date of the application. (A) The applicant is responsible for submitting the fingerprints in the manner acceptable to the Highway Patrol and/or FBI and the payment of any fees required by the Highway Patrol and/ or FBI. AUTHORITY: sections 161.092, 168.021, 168.071 and 168.081, RSMo Supp. 2004 and 168.011, RSMo 2000.* This rule previously filed as 5 CSR 80-800.400. Original rule filed Jan. 19, 2000, effective Aug. 30, 2000. Amended: Filed Sept. 12, 2003, effective April 30, 2004. Amended: Filed Sept. 22, 2004, effective April 30, 2005. Moved to 5 CSR 20-400.290, effective Aug. 16, 2011. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003; 168.011, RSMo 1963, amended 1984; 168.021, RSMo 1963, amended 1973, 1984, 1988, 1990, 1998, 2000, 2003; 168.071, RSMo 1963, amended 1973, 1978, 1984, 1988, 1993, 1998, 2002, 2003; and 168.081, RSMo 1963, amended 1984, 2002.