Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Education  
2. Bureau:  
Superintendent of Public Instruction  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Teacher Certification Code  
5. Rule numbers or rule set range of numbers:  
R 390.1101 to R 390.1216  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Mary Fielding  
E-mail of person filling out RFR:  
FieldingM@michigan.gov  
Phone number of person filling out RFR:  
517-241-6986  
Address of person filling out RFR:  
608 W. Allegan  
P.O. Box 30008  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purposes of the rules are to align with recent amendments of the revised school code  
(e.g., 2018 PA 233, 235, 418), with other statutory language, with practice, and with Executive  
Order No. 2019-06; to reorganize subrules to add clarity and improve readability; to add a  
definition; to add and update statutory citations; to add clarity; to correct inadvertent omissions  
and errors; to replace confusing terminology; and to remove duplicative, unenforceable,  
unnecessary, and obsolete language. In addition to moving validity period provisions to R  
390.1117 for clarity and improvement of organization, the amendments include:  
R 390.1101(l), R 390.1130(6), (7): Two temporary teacher employment authorizations are  
combined into 1 temporary teaching certificate to eliminate the confusing use of the term  
“authorization” and to remove unnecessary complexity in the certification process. R 390.1101(l)  
is amended to correct inadvertent errors of omission. A standard teaching certificate was called a  
“provisional” certificate until 2017; the definition of “Michigan teaching certificate” must include  
a provisional certificate until all such certificates are renewed. Similarly, interim occupational  
certificate must be included.  
R 390.1101(s): A definition of “satisfactory teaching performance” is added to align with R  
MCL 24.239  
RFR-Page 2  
390.1123.  
R 390.1105: The obsolete reference to “day school” is deleted. The term dates back to at least the  
1970s and likely refers to when it was necessary to clarify that evening adult and community  
education classes were not included.  
R 390.1115: Subrules (1) and (2) are deleted as duplicative of other rules.  
R 390.1121: This rule is rescinded. Subrule (1) is unnecessary and unenforceable; the required  
examination score (prerequisite to recommendation by teacher preparation institution) is only  
valid for 5 years, as stated in R 390.1115. Subrule (2) is moved to R 390.1125(5). Subrule (3) is  
unnecessary because other rules adequately set forth this requirement.  
R 390.1122a: This rule is aligned with MCL 380.1531i(5) (satisfactory teaching performance).  
390.1123: This rule is amended to make it clear that it sets forth the requirements for preparation  
programs. In subrule (1), the reference to presenting evidence is deleted as contrary to practice;  
applicants do not “present evidence.” In subrule (1)(b)(iii), “certificate” is changed to  
“endorsement” to correct an error. In subrule (2), the requirement of 3 years of satisfactory  
teaching performance is added to align with MCL 380.1531i(5).  
R 390.1125: The obsolete final sentence of subrule (1) is deleted. For organizational purposes: 1)  
subrules (2) and (3) are amended to consolidate (in subrule (4)) the prerequisites to  
recommendations by teacher preparation institutions and approved alternative route programs, and  
2) R 390.1121(2) and R 390.1151(6), (7) are moved to this rule.  
R390.1137: This rule is clarified by adding “at any time,” consistent with practice and with the  
process for advancement from a standard to a professional teaching certificate.  
R 340.1141: Subrule (3) is amended as requested by the Office of Auditor General and to align  
with practice about who may apply for a permit.  
R 390.1142: Subrule (2) is clarified and aligned with practice regarding satisfactory completion of  
credits. See also R 390.1143(1) and R 390.1145(6)(a). Subrule (3) is amended to correct an  
oversight in that holders of continuing, life, and permanent certificates (no longer issued but still  
common) were inadvertently omitted from individuals for whom shortage full-year substitute  
permits may be issued.  
R 390.1151(6), (7): These subrules are moved to R 390.1125.  
R 390.1161(2): Effective March 20, 2019, 2018 PA 418 amended MCL 380.1233 to expand  
opportunities for noncertificated, nonendorsed individuals to be employed as substitute teachers in  
industrial technology education programs and career and technical education programs. See MCL  
380.1233(5)(b). Similarly, effective September 25, 2018, 2018 PA 235 amended MCL 380.1233b  
to expand opportunities for noncertificated, nonendorsed individuals to be employed as regular  
classroom teachers in those programs. See MCL 380.1233b(1), (2)(b), (5)(b), and (6). Subrule (2)  
is amended to add clarity by specifically identifying the individuals who are properly certified and  
endorsed to teach in such programs and who thus may be employed to teach in them without  
resort to those statutory amendments.  
R 390.1165: Subrule (1) is amended to add clarity and align with practice and with permit rules.  
Subrule (4) is added to correct the inadvertent omission of a description of the validity period of  
the authorization. Subrule (5), as amended, aligns with MCL 380.1233b(6), as amended by 2018  
PA 235.  
R 390.1204, R 390.1216: These rules are aligned with Executive Order No. 2019-06, which  
transferred rulemaking authority to the Michigan Office of Administrative Hearings and Rules.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Specific rule promulgation authority is conferred on the superintendent of public instruction.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.239  
RFR-Page 3  
Specific rule promulgation authority is conferred on the superintendent of public instruction by  
sections 1157, 1531, 1531i, 1531k, 1535a, and 1539b of the Revised School Code, 1976 PA 451,  
MCL 380.1157, 380.1531, 380.1531i, 380.1531k, 380.1535a, and 380.1539b, and Executive  
Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and 388.994.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Teacher certification rules are required by MCL 380.1157, 380.1531, 380.1531i, 380.1531k,  
380.1535a, and 380.1539b.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with, duplicate, or exceed similar regulations, compliance requirements,  
or other standards at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is currently contained in many documents available on the  
Department of Education web site at:  
https://www.michigan.gov/mde/0,4615,7-140-5683_14795---,00.html  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, the rules are listed on the department's annual regulatory plan as rules to be processed for the  
current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
MCL 24.239  
RFR-Page 4  
The rules will be promulgated under section 44(1) of the Administrative Procedures Act.  
One purpose of the amendments is to align with recent amendments of the Revised School Code  
and with a recent executive order.  
•2018 PA 418, effective March 20, 2019, renumbered the subsections of section 1233 of the  
Revised School Code, MCL 380.1233. Several rules are amended to align with that renumbering.  
•2018 PA 418 also added a new category of noncertificated, nonendorsed individuals who qualify  
for employment as substitute teachers in industrial technology education programs and career and  
technical education programs. Similarly, 2018 PA 235, effective September 25, 2018, amended  
MCL 380.1233b to expand the list of noncertificated, nonendorsed individuals who may be  
employed to teach in industrial technology education programs and career and technical education  
programs. In line with those amendments, a rule is amended to clarify who is certified and  
endorsed for such programs.  
•2018 PA 233, effective September 25, 2018, amended MCL 380.1233b and 380.1531 to remove  
the basic skills examination. As proposed to be amended, several rules refer simply to  
examinations required by MCL 380.1531.  
•Executive Order No. 2019-06, effective April 22, 2019, abolished the Michigan Administrative  
Hearings System and transferred its authority to the newly created Michigan Office on  
Administrative Hearings and Rules.  
Additional amendments are for the purely formal, non-substantive purposes of aligning rules with  
statutory language and with practice; reorganizing rules to add clarity and improve readability;  
adding statutory citations; correcting inadvertent omissions; replacing confusing terminology; and  
removing duplicative, unenforceable, unnecessary, and obsolete language.  
MCL 24.239  
;