LSB App_J_H2

VSBPE POLICY

CODE: SB/H2 VERMONT STANDARDS BOARD FOR PROFESSIONAL EDUCATORS POLICY ON REVIEW OF LOCAL AND REGIONAL BOARD RECOMMENDATIONS FOR DENIAL OF RELICENSURE OR RENEWAL OF ENDORSEMENT

I. Notice

When a local or regional standards board has made a final recommendation that denial of an educator's relicensure or renewal of endorsement is warranted on the basis of the failure to meet the requirements of, or develop, an Individual Professional Development Plan (IPDP) approved by the local or regional board, the failure to achieve sufficient professional development credits approved by the local or regional board, or the failure to meet each of the standards set forth in the Five Standards for Vermont Educators: A Vision for Schooling, or the failure to meet the requirements of, or develop, a professional portfolio, or the failure to fulfill other requirements set forth in the local or regional board's approved Plan of Operation for receiving a recommendation for license and/or endorsement renewal, the local or regional board shall:

  • send written notice of its decision and specific reasons for the decision to the educator within 10 days of the decisions and send a copy of said notice to the Licensing Office (Att. L/RSB Consultant) of the Vermont Department of Education;
  • provide the educator with written notice of the locally established options for reconsideration and appeal defined within the LSB/RSB Plan of Operation
  • provide the educator with written notice of criteria and procedures for appeal to the VSBPE and the State board of Education. This notice shall include the name of the Chair of the VSBPE
  • provide the educator with a copy of this policy outlining Vermont Standards Board for Professional Educators procedures for reviewing such recommendations.

II. Exhaustion of Remedies

The Vermont Standards Board for Professional Educators will only review the recommendation of a local or regional standards board for denial of relicensure or renewal of endorsement if the educator has exhausted or waived all local or regional appeal procedures.

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DATE ADOPTED: 10/30/92 DATE REVISED: 12/3/93; 10/16/98 LEGAL REF: Lic. Regs: 5420, 5430, 5620, 5630, 5700; Mem. of Agreement: Sec. II CROSS REF: D1, D2, L1, H1 ANNOTATIONS/BRIEF HISTORY: Noted in VSBPE minutes 9/24/92, 10/29/90

Vermont Standards Board for Professional Educators VSBPE Policy Manual: Section H – Renewal of License 30

III. Process for Appeal

An educator may appeal a recommendation by a local or regional standards board to deny an application for renewal or reinstatement of a license and/or endorsement(s) after exhaustion of remedies set forth in that standards boards Plan of Operation.

The appeal shall be initiated by the educator writing a letter to the Chair of the VSBPE within 30 days of the final recommendation(notification?) of denial by a local or regional standards board. If the educator does not file an appeal within the applicable time frame, unless he or she can demonstrate to the VSBPE that exceptional circumstances existed for the omission, the license or endorsement(s) shall be deemed denied.

IV. VSBPE Procedures

The VSBPE, upon appeal by an aggrieved applicant, shall determine whether applicable procedures as set forth in Section V of this policy, were followed by the local or regional standards board and whether there are reasonable grounds for the recommendation of the local or regional standards board.

The Chair of the VSBPE may appoint a subcommittee to review the matter and recommend findings and disposition to the VSBPE, or the VSBPE may review the matter itself in accordance with this policy.

The applicant may be represented by counsel during the appeal.

V. Standards for VSBPE Review A) In order for the Standards Board for Professional Educators to reject the recommendation of the local or regional standards board for denial of relicensure or renewal of endorsement on the basis of the failure to have met the requirements of, or to have developed, an approved IPDP or failure to have achieved sufficient professional development credits, or failure to have fulfilled other requirements of the board's approved Plan of Operation that are necessary for an educator to receive a recommendation for license and/or endorsement renewal, the local or regional standards board must have abused its discretion in considering these issues. The Standards Board for Professional Educators may not substitute its judgment for that of a local or regional standards board on these specific issues.

B) For the purposes of this policy, the phrase "abused its discretion" means the local or regional standards board:

1) failed to follow its own procedures in considering the educator's IPDP or professional development activities, or other requirements of the approved Plan of Operation that are necessary for an educator to receive a recommendation for license and/or endorsement renewal,

2) failed to exercise its discretion by not acting on the educator's IPDP or request for professional development credit, or other requirements necessary for an educator's license and/or endorsement renewal, or

3) exercised its discretion for clearly untenable reasons or to an extent clearly unreasonable.

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Vermont Standards Board for Professional Educators VSBPE Policy Manual: Section H – Renewal of License 31

VI. Decision of VSBPE

If the Standards Board for Professional Educators finds that the local or regional standards board did not abuse its discretion, it shall accept the recommendation of the local or regional board. If it finds that the local or regional standards board did abuse its discretion it may either reject or modify the recommendation or remand the matter to the local or regional standards board for further deliberations.

The full VSBPE shall review any recommendations of its subcommittee or the local or regional board as well as any written or oral submissions of the parties at a regularly scheduled meeting no later than 60 days following the recommendation. If the VSBPE agrees with the recommendation, it shall adopt it. Otherwise, the VSBPE may issue its own recommendation with regard to licensure or endorsement. The recommendation of the VSBPE shall be in writing and contain the reasons for the recommendation and, if unfavorable to the applicant, give notice to the applicant of the right to appeal the recommendation to the State Board of Education.

VII. Appeal to the State Board of Education

If the Vermont Standards Board for Professional Educators votes to deny relicensure or endorsement renewal after following the process set forth in paragraph III above, the educator shall be notified in writing of the decision and its underlying reasons as well as of the automatic right of appeal to the Vermont State Board of Education and the procedures therefor.

An appeal to the State Board of Education shall be filed in writing within 30 days of the date of the VSBPE recommendation. If an appeal is not filed within the applicable time frame, unless the applicant demonstrates to the VSBPE that exceptional circumstances existed for the omission, the license or endorsement shall be deemed denied. Appeal to the State Board of Education shall be according Section 5713.1 D of the Rules Governing the Licensing of Educators and the Preparation of Educational Professionals

VIII. Educator Status During Appeal

When a denial of renewal is under appeal, the educator may continue to be employed as licensed until a decision is rendered or right of appeal is waived.

Vermont Standards Board for Professional Educators VSBPE Policy Manual: Section H – Renewal of License 32 

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