Mississippi commission approves rule changes narrowing procedural reforms while removing proposed formal reprimand

The Commission on Teacher, Administrator, Education, Certification, and Licensure and Development on May 10, 2024, voted to begin Administrative Procedures Act rulemaking to amend disciplinary procedures that govern educator misconduct cases while removing a proposed provision to allow a formal reprimand for some contract breaches.

The change approved by the commission keeps two main elements: (1) a procedural revision to admit exhibits submitted at least seven days before a hearing at the start of the hearing and to make routine Office documents admissible, and (2) a requirement that educators who breach or abandon contracts for physical or mental health reasons submit certification from a licensed health professional before resuming classroom duties. Commissioners removed the section that would have allowed the Office of Educator Misconduct to issue a formal reprimand for a first violation of Standard 10 without a hearing.

Jonathan Dennis, representing the Office of Educator Misconduct, framed the package as a targeted way to reduce a growing backlog of so-called Standard 10 breach-of-contract cases. "The Office of Educator Misconduct may issue a formal reprimand for an educator's first violation of Standard 10 of the Mississippi educator code of ethics and standards of conduct," Dennis said, describing the reprimand as a warning that a second violation within five years could lead to suspension for one academic year. He also described operational problems that slow case resolution, including unreturned certified mail and nonresponsive respondents.

Dennis told commissioners the proposed reprimand was intended to give the Office discretion to resolve less-egregious cases — for example, a teacher who relocates because of a spouse — while allowing more serious abandonments to proceed to hearing. He provided case counts to illustrate workload: 44 cases closed by agreed order and 14 closed at hearing in the 2023–24 school year, 47 open cases carried into the period beginning July 2023, and 103 total Standard 10 submissions to date.

One commissioner asked whether districts already consider mitigating circumstances; Dennis said practices vary by district and that some districts submit nearly every resignation or breach for Office action while others rarely do. Commissioners discussed practical fixes, including faster turnaround, adding staff, and using process servers to ensure agreed orders and hearing packets reach respondents. Staff cautioned that the Office must wait for a local board vote and minutes before taking action in many cases.

A commission staff member clarified intent about the proposed language, saying the change was "intended to not weaken our current structure" and that the word "may" — not "shall" — was chosen deliberately to preserve discretion. "We wanted to see we want to have the option to be able to issue a formal reprimand, but we don't want it to give the appearance that educators will be granted a formal reprimand," the staff member said.

After discussion, a motion was made to remove the formal-reprimand section from the item and approve the remaining amendments (exhibits and health/fitness requirements). The motion was seconded by Pam Hubbard and commissioners verbally indicated approval; the chair declared the motion carried.

The commission's action initiates the Administrative Procedures Act process required for state rulemaking. The approved amendments will proceed through the rulemaking steps; the formal-reprimand language was set aside for further work and discussion at a later date.

The meeting, a special call held at Central High School Building 44 Boardroom in Jackson and via teleconference, included several commissioners and staff. The commission then moved to adjourn.