168.071. Revocation, suspension or refusal of certificate or license, grounds--procedure--appeal. - Missouri Statutes

Revocation, suspension or refusal of certificate or license,grounds--procedure--appeal.

168.071. 1. The state board of education may refuse to issue orrenew a certificate, or may, upon hearing, discipline the holder of acertificate of license to teach for the following causes:

(1) A certificate holder or applicant for a certificate has pleadedto or been found guilty of a felony or crime involving moral turpitudeunder the laws of this state, any other state, of the United States, or anyother country, whether or not sentence is imposed;

(2) The certification was obtained through use of fraud, deception,misrepresentation or bribery;

(3) There is evidence of incompetence, immorality, or neglect of dutyby the certificate holder;

(4) A certificate holder has been subject to disciplinary actionrelating to certification issued by another state, territory, federalagency, or country upon grounds for which discipline is authorized in thissection; or

(5) If charges are filed by the local board of education, based uponthe annulling of a written contract with the local board of education, forreasons other than election to the general assembly, without the consent ofthe majority of the members of the board that is a party to the contract.

2. A public school district may file charges seeking the disciplineof a holder of a certificate of license to teach based upon any cause orcombination of causes outlined in subsection 1 of this section, includingannulment of a written contract. Charges shall be in writing, specify thebasis for the charges, and be signed by the chief administrative officer ofthe district, or by the president of the board of education as authorizedby a majority of the board of education. The board of education may alsopetition the office of the attorney general to file charges on behalf ofthe school district for any cause other than annulment of contract, withacceptance of the petition at the discretion of the attorney general.

3. The department of elementary and secondary education may filecharges seeking the discipline of a holder of a certificate of license toteach based upon any cause or combination of causes outlined in subsection1 of this section, other than annulment of contract. Charges shall be inwriting, specify the basis for the charges, and be signed by legal counselrepresenting the department of elementary and secondary education.

4. If the underlying conduct or actions which are the basis forcharges filed pursuant to this section are also the subject of a pendingcriminal charge against the person holding such certificate, thecertificate holder may request, in writing, a delayed hearing on advice ofcounsel under the fifth amendment of the Constitution of the United States.Based upon such a request, no hearing shall be held until after a trial hasbeen completed on this criminal charge.

5. The certificate holder shall be given not less than thirty days'notice of any hearing held pursuant to this section.

6. Other provisions of this section notwithstanding, the certificateof license to teach shall be revoked or, in the case of an applicant, acertificate shall not be issued, if the certificate holder or applicant haspleaded guilty to or been found guilty of any of the following offensesestablished pursuant to Missouri law or offenses of a similar natureestablished under the laws of any other state or of the United States, orany other country, whether or not the sentence is imposed:

(1) Any dangerous felony as defined in section 556.061, RSMo, ormurder in the first degree;

(2) Any of the following sexual offenses: rape; statutory rape inthe first degree; statutory rape in the second degree; sexual assault;forcible sodomy; statutory sodomy in the first degree; statutory sodomy inthe second degree; child molestation in the first degree; child molestationin the second degree; deviate sexual assault; sexual misconduct involving achild; sexual misconduct in the first degree; sexual abuse; enticement of achild; or attempting to entice a child;

(3) Any of the following offenses against the family and relatedoffenses: incest; abandonment of child in the first degree; abandonment ofchild in the second degree; endangering the welfare of a child in the firstdegree; abuse of a child; child used in a sexual performance; promotingsexual performance by a child; or trafficking in children; and

(4) Any of the following offenses involving child pornography andrelated offenses: promoting obscenity in the first degree; promotingobscenity in the second degree when the penalty is enhanced to a class Dfelony; promoting child pornography in the first degree; promoting childpornography in the second degree; possession of child pornography in thefirst degree; possession of child pornography in the second degree;furnishing child pornography to a minor; furnishing pornographic materialsto minors; or coercing acceptance of obscene material.

7. When a certificate holder pleads guilty or is found guilty of anyoffense that would authorize the state board of education to seekdiscipline against that holder's certificate of license to teach, the localboard of education or the department of elementary and secondary educationshall immediately provide written notice to the state board of educationand the attorney general regarding the plea of guilty or finding of guilty.

8. The certificate holder whose certificate was revoked pursuant tosubsection 6 of this section may appeal such revocation to the state boardof education. Notice of this appeal must be received by the commissionerof education within ninety days of notice of revocation pursuant to thissubsection. Failure of the certificate holder to notify the commissionerof the intent to appeal waives all rights to appeal the revocation. Uponnotice of the certificate holder's intent to appeal, an appeal hearingshall be held by a hearing officer designated by the commissioner ofeducation, with the final decision made by the state board of education,based upon the record of that hearing. The certificate holder shall begiven not less than thirty days' notice of the hearing, and an opportunityto be heard by the hearing officer, together with witnesses.

9. In the case of any certificate holder who has surrendered orfailed to renew his or her certificate of license to teach, the state boardof education may refuse to issue or renew, or may suspend or revoke, suchcertificate for any of the reasons contained in this section.

10. In those cases where the charges filed pursuant to this sectionare based upon an allegation of misconduct involving a minor child, thehearing officer may accept into the record the sworn testimony of the minorchild relating to the misconduct received in any court or administrativehearing.

11. Hearings, appeals or other matters involving certificate holders,licensees or applicants pursuant to this section may be informally resolvedby consent agreement or agreed settlement or voluntary surrender of thecertificate of license pursuant to the rules promulgated by the state boardof education.

12. The final decision of the state board of education is subject tojudicial review pursuant to sections 536.100 to 536.140, RSMo.

13. A certificate of license to teach to an individual who has beenconvicted of a felony or crime involving moral turpitude, whether or notsentence is imposed, shall be issued only upon motion of the state board ofeducation adopted by a unanimous affirmative vote of those members presentand voting.

(L. 1963 p. 200 § 9-7, A.L. 1973 H.B. 158, A.L. 1978 H.B. 1634, A.L. 1984 H.B. 1457 & 1501, A.L. 1988 S.B. 797, A.L. 1993 S.B. 202, A.L. 1998 H.B. 1469, A.L. 2002 S.B. 722, A.L. 2003 S.B. 296)

(Source: RSMo 1959 § 168.090)