Michigan Office of Administrative Hearings and Rules

Administrative Rules Division (ARD)

MOAHR-Rules@michigan.gov

REQUEST FOR RULEMAKING (RFR)

1. Department:

Education

2. Bureau:

Superintendent of Public Instruction

3. Promulgation type:

Full Process

4. Title of proposed rule set:

School Administrator Certification Code

5. Rule numbers or rule set range of numbers:

R 380.101 - R 380.136

6. Estimated time frame:

6 months

Name of person filling out RFR:

Jennifer Cook

Email of person filling out RFR:

CookJ9@michigan.gov

Phone number of person filling out RFR:

517-241-6986

Address of person filling out RFR:

608 W. Allegan, PO Box 30008, Lansing, MI 48909

7. Describe the general purpose of these rules, including any problems the changes are intended

to address.

A general purpose of the proposed rules is to align them with the Teacher Certification Code (R

390.1101 to R 390.1216), which was amended in 2024. Significant areas of alignment include: 1) the

extension of benefits to members of the military, veterans, and their dependents, and 2) the revision

of rules related to action taken against school administrator certificates, including removal of the

expectation of the right to a hearing upon denial of an application for initial certification because there

is no statutory or constitutional right to a hearing in that circumstance. Another purpose of the

proposed amendments is to add a requirement that applicants for school administrator certificates

pass appropriate available examinations, which will provide an independent quality assurance for

school administrators, as is required for other Michigan professional educators. Other purposes of the

proposed rules are to add clarity for out-of-state individuals to obtain school administrator certification,

clarify who is required to hold school administrator certification, and clarify procedures for rescission

of endorsements for which holders of school administrator certificates are not eligible.

8. Please cite the specific promulgation authority for the rules (i.e., department director,

commission, board, etc.).

The superintendent of public instruction has promulgation authority for the rules.

A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).

The superintendent of public instruction has authority to promulgate the rules under sections

1246, 1536, and 1539b of the revised school code, 1976 PA 451, MCL 380.1246, 380.1536,

and 380.1539b.

B. Are the rules mandated by any applicable constitutional or statutory provision? If so,

please explain.

MCL 24.239

RFR-Page 2

MCL 380.1246 and 380.1536 mandate rules related to school administrator continuing

education and professional development requirements.

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 or duplicate similar rules, compliance requirements, or other standards

adopted 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 contained in documents on the Department of Education website at

the following links:

https://www.michigan.gov/mde/services/ed-serv/ed-cert/cert-guidance/administrator-

certification/administrator-certification-pathways

https://www.michigan.gov/mde/services/ed-serv/ed-cert/cert-guidance/administrator-

certification/admin-permit

https://www.michigan.gov/mde/services/ed-serv/ed-cert/cert-guidance/administrator-

certification/administrator-certificate-renewal

https://www.michigan.gov/mde/services/ed-serv/ed-cert/cert-guidance/administrator-

certification/school-administrator-experience-based-certificate

https://www.michigan.gov/mde/services/ed-serv/ed-cert/cert-guidance/administrator-certification

11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for

the current year?

The rules are listed on the Department of Education’s 2024-2025 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

of 1969, 1969 PA 306, MCL 24.244, or under the full rulemaking process?

Full Process

13. Please describe the extent to which the rules exceed similar regulations, compliance

requirements, or other standards adopted at the state, regional, or federal level.

The rules do not exceed similar regulations, compliance requirements, or other standards adopted at

the state, regional, or federal level.

14. Do the rules incorporate the recommendations received from the public regarding any

complaints or comments regarding the rules? If yes, please explain.

The rules do not incorporate recommendations received from the public regarding complaints or

comments regarding the rules.

15. If amending an existing rule set, please provide the date of the last evaluation of the rules and

the degree, if any, to which technology, economic conditions, or other factors have changed

the regulatory activity covered by the rules since the last evaluation.

The Department of Education continuously evaluates the rules. The rules were last amended in 2020.

There have been no changes in technology, economic conditions, or other factors since that time that

have changed the regulatory activity covered by the rules.

16. Are there any changes or developments since implementation that demonstrate there is no

continued need for the rules, or any portion of the rules?

There have been no changes or developments since implementation that demonstrate that there is

not a continued need for the rules or any portion of the rules.

17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL

24.239(2))? If so, please attach the decision record.

MCL 24.239