(1) Upon mutual agreement of an education practitioner and the superintendent of public instruction, the superintendent of public instruction may issue a letter of concern in lieu of reprimand to an education practitioner.

(2) As used in this chapter, the term "letter of concern" means an official document issued by the superintendent of public instruction which contains:

(a) Findings of fact; and

(b) An agreement to not continue or repeat the conduct.

(3) Grounds for issuance of a letter of concern. The superintendent of public instruction may issue a letter of concern whenever the superintendent of public instruction determines that all of the following are met:

(a) The education practitioner has committed an act of unprofessional conduct and the evidence is sufficient to meet the preponderance of the evidence standard for a reprimand;

(b) The violation and the consequence are not serious, and the interest of the state in protecting the health, safety, and general welfare of students, colleagues, and other affected persons is adequately served by a letter of concern; and

(c) The education practitioner has admitted the commission of an act of unprofessional conduct and has agreed not to continue or repeat the conduct described in the findings of fact.

(4) A letter of concern may not be appealed and is not a disciplinary action by the superintendent of public instruction.