Commission on Teacher and Administrator Education, Certification,

Commission on Teacher and Administrator Education, Certification, and Licensure and Development Operations Policy 1. DUTY OF THE COMMISSION It shall be the purpose and duty of the Commission to make recommendations to the Mississippi Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi. The Commission’s specific duties are prescribed further in Miss. Code Ann. § 37-3-2(5). 2. MEMBERSHIP OF THE COMMISSION The Commission shall be composed of fifteen (15) qualified members, with representatives as prescribed in Miss. Code Ann. § 37-3-2(2). 3. APPOINTMENT Each member of the Commission is appointed by the Mississippi Board of Education after consultation with the State Superintendent of Public Education. 4. TERMS OF OFFICE The length of a regular term is four (4) years. Upon acceptance of appointment, each member is eligible to serve for two (2) consecutive terms; however, appointment to a second term shall be at the discretion of the Mississippi Board of Education, upon the recommendation of the State Superintendent of Public Education. If a member changes employment or accepts a position that is no longer reflective of the category for which he or she was appointed, that member must resign that position. The Mississippi Board of Education may reassign that member to an open position reflective of their new category. A new member will be appointed to fill the unexpired term. A member of the Commission who is appointed to fill an unexpired term is eligible for appointment to his or her own term of office. 5. OFFICERS and STAFF a. The Mississippi Board of Education when making appointments shall designate a Chairperson. The Chairperson shall serve a two (2) year term and shall continue service thereafter until the Mississippi Board of Education designates a new Chairperson, or the Chairperson’s membership term expires, whichever occurs first. The Commission may designate a member to serve as presiding officer if the Chairperson is unable to preside. b. An appropriate staff member of the Mississippi Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as Executive Secretary and coordinator for the Commission. c. No less than two (2) other appropriate staff members of the Mississippi Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the Commission. 6. MEETINGS a. The Commission shall meet in accordance with the requirements prescribed in Miss. Code Ann. § 37-3-2(3). b. The Commission shall provide notice of the meetings, which notice shall include the date, time, place, and purpose for the meeting in accordance with Miss. Code Ann. § 25-41-7. c. Any member of the Commission may participate in an official meeting of the Commission by teleconference or video means. The public shall have access to the Commission meeting at a location designated in the Notice of Meeting. 7. EXPENSES Members of the Commission shall be compensated at a rate of per diem as authorized by Miss. Code Ann. § 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Miss. Code Ann. § 25-3-41. 8. AGENDA a. The Executive Secretary, in consultation with the Chairperson, shall prepare the agenda which is to be considered by the Commission. b. All requests to be placed on the agenda shall be received in writing by the Executive Secretary no later than ten (10) days before a scheduled meeting. Agenda items received after this deadline may be added if approved by a majority vote of the Commission. c. The Executive Secretary shall provide the proposed agenda, with supporting documents, to each Commission member no later than eight (8) days prior to a scheduled meeting. d. Further distribution of the agenda shall be made to all interested parties, all persons appearing before the Commission, and to the media. 9. MINUTES a. The minutes of the Commission shall be prepared by the Executive Secretary. The Executive Secretary may secure such assistance as is necessary for the preparation of the minutes. b. All proposed minutes shall be provided to each Commission member within eight (8) days prior to any Commission meeting. c. All proposed minutes shall become the Official minutes after adoption by the Commission. 10.CONDUCT OF MEETINGS a. The Chairperson or presiding officer shall conduct all meetings in accordance with the recognized rules of procedure and Mississippi law. b. Any official action taken by the Commission requires the presence of a quorum, which is defined as a majority of the Commission membership. c. A Commission member present may vote for or against any motion, or the member may abstain. An absent member may not vote. 11.RECOMMENDATIONS TO THE STATE BOARD OF EDUCATION a. Commission recommendations to the Mississippi Board of Education shall not be changed, revised, or amended prior to forwarding to the Mississippi Board of Education for approval. b. Commission recommendations to the Mississippi Board of Education may be presented by the Chairperson of the Commission, or the Executive Secretary or his or her designee, at the appropriate meeting of the Mississippi Board of Education. 12.AD HOC COMMITTEES Appointment of Commission members and the assignment of Commission staff to an ad hoc committee shall be made by the Chairperson in consultation with the Executive Secretary. Commission members shall participate in sub-committee hearings involving controversies in licensure a minimum of six (6) times per calendar year. Source: Miss. Code Ann. §§ 25-3-41, 25-3-69, 25-41-7, 37-1-3 and 37-3-2 14.6.2 Disciplinary Process Policy 1. REPORTING AND INVESTIGATIONS a. The Office of Educator Misconduct Evaluations is tasked with assisting the Commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of Miss. Code Ann. §§ 37-3-2 (11), (12), (13), (14) and (15), and violations of the Mississippi Educator Code of Ethics and Standards of Conduct. b. Upon receipt of a report of misconduct and/or violations as established in Rule 14.10: Reporting Infractions, the Office of Educator Misconduct Evaluations shall immediately institute an investigation into the allegations of the report. The Office of Educator Misconduct Evaluations shall have the discretion to request additional information as needed from the reporting party. In the event the reporting party fails to provide said additional information within thirty (30) days of request, the Office of Educator Misconduct Evaluations shall have the authority to dismiss said report due to insufficient information. The Office of Educator Misconduct Evaluations shall have the discretion to extend such window if deemed necessary. c. Upon investigation, the Office of Educator Misconduct Evaluations shall have the authority to dismiss any report based on either the sufficiency of local school district response, the severity of the alleged violation or misconduct, or offer settlement of any alleged violation or misconduct, said settlement subject to final approval by the Commission. Such authority of the Office of Educator Misconduct Evaluations is subject to the provisions of this Rule. d. The Office of Educator Misconduct Evaluations shall submit any report it has not otherwise disposed of to a Review Committee comprised of three (3) employees of the Mississippi Department of Education not assigned to either the Office of Educator Misconduct Evaluations or the Office of Educator Licensure. The Office of Educator Misconduct Evaluations, with the assistance of counsel, shall present the report to the Review Committee. The Review Committee shall be tasked with determining if hearing on a report is warranted by the evidence and information provided by the reporting party and/or collected by the Office of Educator Misconduct Evaluations. Upon such a determination supported by a majority vote of the Review Committee, the Office of Educator Misconduct Evaluations shall immediately cause Complaint on the specific allegations of the violation be sworn by affidavit and filed with the Commission. 2. DENIALS/SUSPENSION/REVOCATIONS – FELONY CONVICTIONS a. Any report alleging misconduct or violations by a licensee as stated in Miss. Code Ann. §§ 37-3- 2(11)(a),(vi) and/or, (vii) may result in the denial or suspension of licensee’s license. b. Any report alleging misconduct or violations by a licensee as stated in Miss. Code Ann. §§ 37-3- 2(11)(b) shall result in the licensee’s license being automatically denied or immediately revoked. Upon receipt of such report, supported by appropriate documentation, including by not limited to certified court records and/or criminal history, the Office of Educator Misconduct Evaluations shall inform the Executive Secretary of the Commission. The Executive Secretary shall immediately cause the Educator to be informed of such denial or revocation by way of certified mail. 3. PROBATION ORDERS a. Probation orders of the Commission may include certain requirements or stipulations including, but not limited to, continuing education courses, counseling, community service or outreach, or drug and/or alcohol testing. Failure to abide by said requirements or stipulations shall result in immediate suspension of the license for one (1) year. b. For the purposes of a probation order, allegations of misconduct or violation of the Mississippi Educator Code of Ethics and Standards of Conduct while serving probation shall be considered a violation of the probation, resulting in immediate suspension of the licensee’s license. 4. Physical and Mental Health Certification a.) Educators who breach or abandon their contract with a school district for physical or mental health reasons place their fitness to perform their duties as educators in a classroom at issue. Educator’s alleging physical or mental health concerns that caused them to breach or abandon their contracts without first being released by their school board have the burden of proving their fitness to resume the duties of a licensed educator in Mississippi. b.) Educators who breach or abandon their contract with a school district for physical or mental health reasons shall be required to submit certification from a licensed health professional stating that the educator is fit to resume the duties of a licensed educator in Mississippi. Failure to provide acceptable certification will result in the suspension of the educator’s license for one (1) academic year for the breach and continue through the date of submission of the acceptable certification.