10.57.601    REQUEST FOR DISCIPLINE AGAINST THE LICENSE OF AN EDUCATOR/SPECIALIST: PRELIMINARY ACTION

(1) Pursuant to 20-4-110, MCA, requests to issue a letter of reprimand or to suspend or revoke an educator/specialist license shall be brought before the Board of Public Education by only:

(a) an official action of the board of trustees of a local district for any licensed educator/specialist currently employed by that district or under contract or otherwise employed by that district at any time during the 12 months prior to the receipt by the Board of Public Education of the discipline request; or

(b) the Superintendent of Public Instruction.

(2) The Superintendent of Public Instruction may initiate a request to the Board of Public Education for discipline against an educator/specialist's license within 12 months from the date of receiving direct notification of alleged misconduct from a local school district board of trustees or from any other credible source.

(3) Requests for discipline shall specify whether a letter of reprimand, revocation, or suspension is sought and shall include:

(a) the specific charge(s) against the educator/specialist;

(b) the subsection of 20-4-110, MCA, under which the charge(s) is brought;

(c) an outline of the facts and evidence related to the charge(s); and

(d) if the request is made by a board of trustees of a district, a copy of the minutes documenting the trustees' decision to request disciplinary action.

History: 20-4-102, MCA; IMP, 20-4-110, MCA; Eff. 12/10/75; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1991 MAR p. 1488, Eff. 8/16/91; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.