HOUSE BILL NO. 2272 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LEWIS.
5775H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 168.071, RSMo, and to enact in lieu thereof one new section relating to certificates of license to teach.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 168.071, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 168.071, to read as follows: 168.071. 1. The state board of education may refuse to issue or renew a certificate, or 2 may, upon hearing, discipline the holder of a certificate of license to teach for the following 3 causes: 4 (1) A certificate holder or applicant for a certificate has pleaded to or been found 5 guilty of a felony or crime involving moral turpitude under the laws of this state, any other 6 state, of the United States, or any other country, whether or not sentence is imposed; 7 (2) The certification was obtained through use of fraud, deception, misrepresentation 8 or bribery; 9 (3) There is evidence of incompetence, immorality, or neglect of duty by the 10 certificate holder; or 11 (4) A certificate holder has been subject to disciplinary action relating to certification 12 issued by another state, territory, federal agency, or country upon grounds for which discipline 13 is authorized in this section[; or 14 (5) If charges are filed by the local board of education, based upon the annulling of a 15 written contract with the local board of education, for reasons other than election to the 16 general assembly, without the consent of the majority of the members of the board that is a 17 party to the contract].
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2272 2
18 2. A public school district may file charges seeking the discipline of a holder of a 19 certificate of license to teach based upon any cause or combination of causes outlined in 20 subsection 1 of this section[, including annulment of a written contract]. Charges shall be in 21 writing, specify the basis for the charges, and be signed by the chief administrative officer of 22 the district, or by the president of the board of education as authorized by a majority of the 23 board of education. The board of education may also petition the office of the attorney 24 general to file charges on behalf of the school district for any cause [other than annulment of 25 contract], with acceptance of the petition at the discretion of the attorney general. 26 3. The department of elementary and secondary education may file charges seeking 27 the discipline of a holder of a certificate of license to teach based upon any cause or 28 combination of causes outlined in subsection 1 of this section[, other than annulment of 29 contract]. Charges shall be in writing, specify the basis for the charges, and be signed by 30 legal counsel representing the department of elementary and secondary education. 31 4. If the underlying conduct or actions which are the basis for charges filed pursuant 32 to this section are also the subject of a pending criminal charge against the person holding 33 such certificate, the certificate holder may request, in writing, a delayed hearing on advice of 34 counsel under the fifth amendment of the Constitution of the United States. Based upon such 35 a request, no hearing shall be held until after a trial has been completed on this criminal 36 charge. 37 5. The certificate holder shall be given not less than thirty days' notice of any hearing 38 held pursuant to this section. 39 6. Other provisions of this section notwithstanding, the certificate of license to teach 40 shall be revoked or, in the case of an applicant, a certificate shall not be issued, if the 41 certificate holder or applicant has been found guilty of any of the following offenses 42 established pursuant to Missouri law or offenses of a similar nature established under the laws 43 of Missouri prior to January 1, 2017, any other state or of the United States, or any other 44 country, whether or not the sentence is imposed: 45 (1) Any dangerous felony as defined in section 556.061, or murder in the first degree 46 under section 565.020; 47 (2) Any of the following sexual offenses: rape in the first degree under section 48 566.030; forcible rape; rape; statutory rape in the first degree under section 566.032; statutory 49 rape in the second degree under section 566.034; rape in the second degree under section 50 566.031; sexual assault under section 566.040 as it existed prior to August 28, 2013; sodomy 51 in the first degree under section 566.060; forcible sodomy under section 566.060 as it existed 52 prior to August 28, 2013; sodomy as it existed prior to January 1, 1995; statutory sodomy in 53 the first degree under section 566.062; statutory sodomy in the second degree under section 54 566.064; child molestation in the first degree; child molestation in the second degree; child HB 2272 3
55 molestation in the third degree under section 566.069; child molestation in the fourth degree 56 under section 566.071; sodomy in the second degree under section 566.061; deviate sexual 57 assault under section 566.070 as it existed prior to August 28, 2013; sexual misconduct 58 involving a child under section 566.083; sexual contact with a student under section 566.086; 59 sexual misconduct in the first degree under section 566.093; sexual misconduct in the first 60 degree under section 566.090 as it existed prior to August 28, 2013; sexual misconduct in the 61 second degree under section 566.095; sexual misconduct in the second degree under section 62 566.093 as it existed prior to August 28, 2013; sexual misconduct in the third degree under 63 section 566.095 as it existed prior to August 28, 2013; sexual abuse in the first degree under 64 section 566.100; sexual abuse under section 566.100 as it existed prior to August 28, 2013; 65 sexual abuse in the second degree under section 566.101; enticement of a child under section 66 566.151; or attempting to entice a child; 67 (3) Any of the following offenses against the family and related offenses: incest 68 under section 568.020; abandonment of child in the first degree under section 568.030; 69 abandonment of child in the second degree under section 568.032; endangering the welfare of 70 a child in the first degree under section 568.045; abuse of a child under section 568.060; child 71 used in a sexual performance; promoting sexual performance by a child; or trafficking in 72 children under section 568.175; and 73 (4) Any of the following offenses involving child pornography and related offenses: 74 promoting obscenity in the first degree under section 573.020; promoting pornography for 75 minors or obscenity in the second degree when the penalty is enhanced to a class E felony 76 under section 573.030; promoting child pornography in the first degree under section 77 573.025; promoting child pornography in the second degree under section 573.035; 78 possession of child pornography under section 573.037; furnishing pornographic materials to 79 minors under section 573.040; or coercing acceptance of obscene material under section 80 573.065. 81 7. When a certificate holder is found guilty of any offense that would authorize the 82 state board of education to seek discipline against that holder's certificate of license to teach, 83 the local board of education or the department of elementary and secondary education shall 84 immediately provide written notice to the state board of education and the attorney general 85 regarding the finding of guilt. 86 8. The certificate holder whose certificate was revoked pursuant to subsection 6 of 87 this section may appeal such revocation to the state board of education. Notice of this appeal 88 must be received by the commissioner of education within ninety days of notice of revocation 89 pursuant to this subsection. Failure of the certificate holder to notify the commissioner of the 90 intent to appeal waives all rights to appeal the revocation. Upon notice of the certificate 91 holder's intent to appeal, an appeal hearing shall be held by a hearing officer designated by the HB 2272 4
92 commissioner of education, with the final decision made by the state board of education, 93 based upon the record of that hearing. The certificate holder shall be given not less than thirty 94 days' notice of the hearing, and an opportunity to be heard by the hearing officer, together 95 with witnesses. 96 9. In the case of any certificate holder who has surrendered or failed to renew his or 97 her certificate of license to teach, the state board of education may refuse to issue or renew, or 98 may suspend or revoke, such certificate for any of the reasons contained in this section. 99 10. In those cases where the charges filed pursuant to this section are based upon an 100 allegation of misconduct involving a minor child, the hearing officer may accept into the 101 record the sworn testimony of the minor child relating to the misconduct received in any court 102 or administrative hearing. 103 11. Hearings, appeals or other matters involving certificate holders, licensees or 104 applicants pursuant to this section may be informally resolved by consent agreement or 105 agreed settlement or voluntary surrender of the certificate of license pursuant to the rules 106 promulgated by the state board of education. 107 12. The final decision of the state board of education is subject to judicial review 108 pursuant to sections 536.100 to 536.140. 109 13. A certificate of license to teach to an individual who has been convicted of a 110 felony or crime involving moral turpitude, whether or not sentence is imposed, shall be issued 111 only upon motion of the state board of education adopted by a unanimous affirmative vote of 112 those members present and voting. ✔
Statutes affected: