Michigan Administrative Code › Department - Education › Superintendent of Public Instruction › Teacher Certification Code › Part 10 - SUSPENSION, REVOCATION, DENIAL, RESCISSION, AND REINSTATEMENT OF CREDENTIALS › Section R. 390.1208 - Reinstatement of suspended or revoked credential

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1)
				  Unless the superintendent of public instruction suspended or revoked an
				  individual's credential based on conviction of a listed offense, the individual
				  may file with the department a request for reinstatement of the credential that
				  was suspended or revoked under these rules.
(2) If the superintendent suspended or
				  revoked the credential under R 390.1201(a), all of the following apply:
(a) The individual shall provide to the
				  department documentation and other information that demonstrates that the
				  individual is currently fit to serve in an elementary or secondary school in
				  this state and that reinstatement of the credential will not adversely affect
				  the health, safety, and welfare of pupils.
(b) If the superintendent of public
				  instruction suspended or revoked the credential pursuant to an agreement
				  between the department and the individual, the individual shall provide to the
				  department documentation and other information that establishes satisfaction of
				  the conditions set forth in the agreement.
(c) Not more than 30 calendar days after
				  receipt of the request for reinstatement, the department shall notify the
				  individual in writing of all of the following:
(i) The individual has the right to a
				  hearing.
(ii) If the individual
				  does not request a hearing within 30 calendar days after receipt of notice of
				  the right to a hearing, the superintendent of public instruction shall dismiss
				  the request for reinstatement of the credential.
(iii) If the individual requests a hearing
				  within 30 calendar days after receipt of the notice, there must be an informal
				  conference on the request for reinstatement.
(d) Not more than 30 calendar days after
				  receipt of the notice described in subdivision (c) of this subrule, the
				  individual shall request a hearing. If the individual does not timely request a
				  hearing, the superintendent of public instruction shall dismiss the request for
				  reinstatement of the credential.
(e) If the individual timely requests a
				  hearing, the department shall immediately notify the individual of the date and
				  time of an informal conference on the request for reinstatement. Unless
				  otherwise agreed, the informal conference is a telephone conference with an
				  authorized representative of the department.
(f) After the informal conference and
				  consideration of the documentation and other information presented, the
				  department shall recommend that the superintendent of public instruction
				  reinstate or deny reinstatement of the credential. Based on consideration of
				  the recommendation and the documentation and other information presented, the
				  superintendent of public instruction shall reinstate or deny reinstatement of
				  the credential. The superintendent of public instruction shall not reinstate
				  the credential unless the superintendent of public instruction finds that the
				  individual is currently fit to serve in an elementary or secondary school in
				  this state and that reinstatement will not adversely affect the health, safety,
				  and welfare of pupils.
(g) If the
				  superintendent of public instruction does not reinstate the credential under
				  subdivision (f) of this subrule, the department shall refer the request to the
				  Michigan office of administrative hearings and rules for
				  hearing.