SB 0753 Revises laws regarding decertification of teachers for certain crimes
Sponsor:Caskey
LR Number:S3380.03P Fiscal Note:3380-03
Committee:Civil and Criminal Jurisprudence
Last Action:04/21/98 - Reported Do Pass H Education-Elementary & Secondary Journal page:H1192
Committee
Title:SCS SB 753
Effective Date:August 28, 1998
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Current Bill Summary

SCS/SB 753 - This act revises the law concerning decertification of teachers. Charges against a teacher may be filed by any school district, or by the Attorney General at the request of the school district if the school is financially stressed. The Board of Education may refuse to issue or renew, or may suspend or revoke a certificate if the holder or applicant has pleaded to or been found guilty of a felony or crime involving moral turpitude, whether or not the sentence is imposed.

A certificate shall be revoked or shall not be issued if the holder or applicant has pled guilty to or been found guilty of any of the following offenses: murder in the first degree or any dangerous felony defined in Section 556.061, RSMo; certain sexual offenses included in Chapter 566, RSMo, such as rape, sodomy, or child molestation; certain offenses against the family, including incest, abandonment of a child or endangering the welfare of a child; or certain offenses included in Chapter 573, RSMo, relating to child pornography and related offenses.

Commissioner of education must be notified of intent to appeal revocation within 30 days of guilty plea or finding of guilt to listed crime. Appeal shall be before a hearing officer designated by the commissioner of education; final decision to be made by Board of Education. Testimony of a minor child involved in complaint shall not be required, and the hearing officer shall accept a transcript of any previous testimony by the child admitted into evidence by a court.

Charges filed with Board of Education shall be in writing, shall specify the basis for the charges, be signed by the chief administrative officer of the district or the president of the Board when authorized. At least 30 days notice of hearing must be provided, and the certificate holder may present witnesses.

Certificate holder may appeal to circuit court within 30 days after receipt of final decision of Board. The appeal shall be de novo. Either party may request it to be heard by a jury, unless a minor child is involved.
JOAN GUMMELS