Section 200-RICR-20-20-2.10 - Action by the CommissionerA. A teacher's lack of competency in the use of English, as defined in this Part, constitutes good cause for suspending or annulling a teacher's teaching certificate in accordance with R.I. Gen. Laws § 16-11-4.B. When the Commissioner is informed by the superintendent or other chief executive officer acting under these regulations that a teacher's English skills do not meet the competency standard specified in § 2.5 of this Part, the Commissioner may act to suspend or annul the teacher's certification in accordance with R.I. Gen. Laws §§ 16-11-4 and 42-35-14.C. As specified in § 2.8 of this Part the teacher concerned shall first be accorded an opportunity to take an English competency examination. If the teacher obtains a passing score on the examination, as set by the Council, the teacher shall be deemed to be competent in English, and no further action concerning the teacher's competence in English shall be taken by the Commissioner. If the teacher does not take the examination or if the teacher fails the Examination, the Commissioner may summarily suspend the teacher's teaching certificate during the pendency of the due process procedures required by law and regulation.D. The due process procedures required by R.I. Gen. Laws § 42-35-14 shall be followed in such cases. If the Commissioner, in order to protect the health, safety, welfare and academic progress of students, elects to summarily suspend a teaching certificate prior to a full hearing on the merits of the case, the Commissioner, whenever it is reasonably possible, shall provide the affected teacher with an informal pre-deprivation hearing before the suspension takes place. A full hearing on the merits will be scheduled promptly and decision of the merits of the case will be provided in a timely manner.200 R.I. Code R. 200-RICR-20-20-2.10