D.C. Mun. Regs. tit. 5, r. 5-A1607

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A1607 - DENIAL, SUSPENSION OR REVOCATION OF TEACHING AND ADMINISTRATIVE SERVICES CREDENTIALS

1607.1

An application for a credential shall be denied by OSSE and a credential issued pursuant to this chapter shall be denied for renewal, suspended for a period determined by OSSE, or revoked by OSSE if the applicant or credential holder has:

(a) Fraudulently or deceptively obtained or attempted to obtain the credential;

(b) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, one of the following crimes as defined in the District of Columbia Official Code or a comparable crime in another state or federal law:

(1) Murder;

(2) Child abuse;

(3) Rape or sexual abuse;

(4) A sexual offense involving a minor or non-consenting adult;

(5) Child pornography;

(6) Kidnapping or abduction of a child;

(7) Illegal possession, use, sale, or distribution of controlled substances;

(8) Illegal possession or use of weapons;

(9) A felony involving moral turpitude to be defined as one characterized by behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality; or

(10) A crime of violence as defined in District of Columbia Official Code Section 23 -1331(4);

(c) Failed to report suspected child abuse or neglect, as required by District of Columbia Official Code Section 4-1321.02; or

(d) Been denied a credential or had his/her credential denied, suspended, or revoked in another jurisdiction within the previous five (5) years for a cause which would be grounds for denial, suspension, or revocation under this section.

1607.2

The following reporting procedures shall govern this chapter with regard to conduct in this section:

(a) Employees, agents, and contractors of local education agencies in the District of Columbia shall notify OSSE in writing if they become knowledgeable of a person with a current credential issued under this chapter or an applicant for a credential under this chapter who engages in an act listed in Subsection 1607.1.

(b) The written notice shall include the following information:

(1) Name and current or last known address of the person being reported;

(2) Type of credential held or applied for by the person; and

(3) Specific act set forth in Subsection 1607.1 engaged in by the individual at issue.

(c) OSSE shall establish and implement policies and procedures for the review of documents associated with the reporting of actions listed in Subsection 1607.1.

1607.3

OSSE shall send a potential or current credential holder written notification before denying an application for, denying the renewal of, suspending or revoking a credential for reasons set forth in Subsection 1607.1; or before denying an application or renewal for failure to achieve a summative evaluation rating of effective or highly effective (or their equivalent). The written notification shall include the following:

(a) The intent to deny the application or to deny the renewal of, suspend, or revoke the credential, specifying the basis for the intended action;

(b) Notice that a potential or current credential holder has the right to appeal the proposed action at a hearing;

(c) Notice that, if the potential or current credential holder requests a hearing to appeal the proposed action, the decision to deny, suspend or revoke shall not become final until the conclusion of the hearing.

(d) Notice that at a hearing the standard of proof shall be a preponderance of the evidence and that the burden of proof shall rest upon:

(1) OSSE to sustain a decision to suspend or revoke a credential; and

(2) The applicant to reverse a decision to deny a credential.

(e) Notice that an individual appealing the proposed action shall have the right, at his/her own expense, to be represented by an attorney or other representative at the hearing.

(f) Notice that a request for a hearing to appeal the proposed action shall be filed within ten (10) business days of the date of the written notification of the intent to deny the application or deny, suspend or revoke the credential as a result of moral character and fitness issues.

(g) Notice that, absent the timely filing of a request for a hearing, the decision shall become final on the eleventh (11th) business day after written notification of the intent to deny the application or deny the renewal of, suspend or revoke the credential as a result of character and fitness issues.

1607.4

If an application for or renewal of a credential is intended for denial by OSSE as a result of the failure to meet the requirements of Subsections 1601.12, 1603.4, 1606.7, or 1606.10, and the applicant requests a hearing under Subsection 1607.3, the LEA(s) that issued the summative evaluation(s) shall cooperate with OSSE in defense of the intended action.

1607.5

OSSE shall notify all other states of denial, suspension, and revocation decisions as part of the interstate certification data exchange.

1607.6

If the decision of denial, suspension, or revocation is based on Subsection 1607.1(b), and if the decision subsequently is overturned in an appeal or other post decision proceeding, an applicant may re-apply for a credential, and a credential suspension or revocation shall end on the date a conviction or plea of guilty is overturned.

1607.7

A credential which has been suspended under this chapter shall be automatically reinstated at the end of a suspension period; provided that the credential has not expired during the period of suspension.

1607.8

If a credential expired during the period of suspension, a person may reapply and shall be required to meet the credential requirements in effect at the time the application is submitted for a new credential.

D.C. Mun. Regs. tit. 5, r. 5-A1607

Final Rulemaking published at 63 DCR 9071 (7/1/2016)