Mass.gov
Massachusetts Department of Elementary and Secondary Education
Go to Selected Program Area
 Massachusetts State Seal
 News  School/District Profiles  School/District Administration  Educator Services  Assessment/Accountability  Family & Community  
 > Administration  Finance/Grants  PK-16 Program Support  Information Services  
>
>
>
>
>
>
>

Education Laws and Regulations

603 CMR 4.00:
Vocational Technical Education

Section:
4.02:
4.03:
4.04:
4.05:
4.06:
4.07:
4.08:
4.09:
4.10:
4.11:
4.12:
4.13:
4.14:
View All Sections

stopline

4.13: General Provisions Regarding Educator Licensure

(1) Fees. License fees will be charged for each original license and each renewal.

(2) Previous Employment. Previous employment in any role covered by the licenses issued under 603 CMR 4.00 does not exempt a candidate from the provisions of 603 CMR 4.00.

(3) Additional Licenses. Teachers holding vocational technical teacher licenses may earn additional Vocational Technical licenses as follows:
New Field: Teachers holding a Preliminary or a Professional Vocational Technical license will qualify for a different license by achieving passing scores on the appropriate written and performance tests, showing proof of appropriate employment experiences and state, national and/or industry licenses and/or certifications as required by the Department in 603 CMR 4.00.

(4) Prerequisite Licenses. The requirement that an applicant for vocational technical educator licensure hold a Massachusetts vocational technical educator license may be waived by the Department for an applicant who has earned an equivalent license based on the same level of preparation in another state or jurisdiction.

(5) Reconsideration. An applicant for vocational technical educator licensure may request that the Commissioner reconsider the Department's decision not to issue a license. The applicant shall submit a written request for reconsideration to the Commissioner within 30 days of the date that the applicant received notice that his or her application for licensure was denied. The decision of the Commissioner shall be final.

(6) Revocation, Suspension, Limitation, and Denial of Licenses
(a) Grounds for License Action.
  1. The Commissioner may suspend or limit, either indefinitely or for a fixed period of time, or revoke a license if after investigation any of the following is determined:
    1. The license was obtained through fraud or misrepresentation of a material fact;

    2. The holder of the license is unfit to perform the duties for which the license was granted;

    3. The holder of the license has pleaded guilty, received deferred adjudication, or been convicted in a court of law of a crime involving moral turpitude or of any other crime of such nature that in the opinion of the Commissioner the person so convicted discredits the profession, brings the license into disrepute, or lacks good moral character;

    4. The holder has had one or more licenses or certificates revoked, suspended, surrendered, or otherwise limited as part of an administrative proceeding in another jurisdiction or by another licensing body for reasons that are sufficient for limitation of a Massachusetts license, regardless of whether or not the holder obtained a Massachusetts license through the NASDTEC Interstate Contract.

    5. There exists other good cause to revoke, suspend, or limit the license including, but not limited to, gross misconduct or negligence in the conduct of the license holder's professional duties and obligations, commitment of an offense against any law of the Commonwealth related to the license holder's professional duties and responsibilities, willful action in violation of Board regulations or Department orders, or dismissal for just cause from a position in a school or child care facility.

  2. If any of the above grounds are determined, the Commissioner may put limitations on a license that may include:
    1. Restrictions on the ages of students with whom the certificate or license holder may work;
    2. Additional supervision requirements;
    3. Education, counseling, or psychiatric examination requirements;
    4. Notification to the employer of the circumstances surrounding the Commissioner's decision to put limitations on the license holder.

(b) Investigatory Subpoenas.
  1. At any stage of the investigation, the Department may request that the Commissioner or his designee issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The request shall be made in writing.
  2. The subpoena shall require a witness to appear at the Department at a specified date and time and shall specify any evidence to be produced. The licensee shall not be entitled to be present, but the Department shall provide the licensee with a copy of any recorded testimony prior to any hearing under 603 CMR 4.13(6)(e).

  3. Failure of a license holder to comply with a duly issued investigatory subpoena shall be grounds for revocation, suspension, limitation, or denial of a license.

(c) Procedure. No license may be revoked, suspended, or limited until:
  1. The Department has determined that there is probable cause to find that the holder's license may be revoked, suspended, or limited for one or more of the grounds set forth in 603 CMR 4.13(6)(a); and
  2. The Department sends written notice to the license holder of its determination of probable cause and of the holder's right to request a hearing before the Commissioner in accordance with M.G. L. c. 30A and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure. Notice shall be sent by certified mail and regular mail to the holder's last known address. The holder shall have 21 days from receipt of the notice to make a written request for a hearing. If no written request for a hearing is received by the Commissioner in accordance with the above, the holder's license shall be deemed to be revoked, suspended, or limited and the holder shall be so notified by certified mail.

(d) Surrender. A license holder may surrender a license by submitting documentation to the Commissioner in an approved manner. If a license holder surrenders a license after the Department has found probable cause to revoke, suspend, or limit the license, the surrender will be treated as a revocation.

(e) Hearing.
  1. If the Commissioner receives a request for a hearing from the license holder in accordance with 603 CMR 4.13 (6) (c), the Commissioner or his designee shall schedule a hearing no later than 60 days after receipt of the request. The hearing shall be conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure. The hearing shall not be open to the public unless the license holder requests a public hearing.
  2. Within 30 days of the date the hearing concludes, the Commissioner or his designee shall render a written decision determining whether or not the holder's license shall be revoked, suspended, or limited. The decision shall comply with the requirements of M.G.L. c. 30A, § 11 and 801 CMR 1.00: Adjudicatory Rules of Practice and Procedure.

  3. The Commissioner shall send a copy of the decision to the license holder along with a notice informing him or her of the right of appeal in accordance with the provisions of M.G.L. c. 30A, § 14.

(f) Notice of License Action. The Department shall send notice of the revocation, suspension, limitation, or surrender of a license to all Massachusetts superintendents of schools and to the certification or licensure officers of every state.

(g) Reinstatement.
  1. A person whose license has been revoked in accordance with 603 CMR 4.13(6) may again be licensed in Massachusetts only upon a 2/3 vote by the Board.
  2. The Department may reinstate a suspended license upon determination by the Commissioner that the condition causing the suspension has been corrected.
  3. License limitations or conditions shall remain in effect as determined by the Commissioner.

(h) Administrators' Obligation to Report. Any administrator who has dismissed, declined to renew the employment of, or obtained the resignation of any educator for any of the reasons cited in 603 CMR 4.13 (6) (a) shall report in writing such resignation or dismissal and the reason therefor to the Commissioner within 30 days. This obligation to report also applies when an administrator acquires relevant information after an educator's dismissal, resignation, or non-renewal. Failure to make such reports shall be grounds on which the Commissioner may revoke the administrator's license.

(i) License Holder's Obligation to Report. Any license holder who has been convicted of a crime in a court of law shall notify the Department of such conviction in writing within ten days of such conviction. The term "convicted of a crime" shall include any guilty verdict, admission to or finding of sufficient facts, and any plea of guilty or nolo contendere, whether or not a sentence has been imposed. Any license holder who is the subject of an enforcement action by the Massachusetts Ethics Commission shall notify the Commissioner of such action in writing within ten days of such action. Any license holder who has surrendered an educator license or any professional license or certificate or who has had such a license or certificate revoked, suspended, or limited in any jurisdiction or by any agency shall notify the Commissioner of such action in writing within ten days of such action. Failure to do so shall be grounds on which the Commissioner may revoke the holder's license.

(j) Records. Nothing herein shall be construed to require the Department to disclose, under the Massachusetts public records law M.G.L. c. 66, § 10 and M.G.L. c. 4, § 7 Clause Twenty-sixth, any information, documents, or evidence sought by or provided to the Commissioner pursuant to his responsibilities under 603 CMR 4.13(6) until final disposition of the matter.

(k) License Denial. The Commissioner may deny an applicant's application for a license for the reasons set forth above and for reasons enumerated in 603 CMR 4.00. If the Commissioner denies an application for a license, an applicant may request reconsideration by the Commissioner under 603 CMR 4.13 (5). All of the above rules pertaining to investigatory subpoenas apply to license applicants. Failure of an applicant to comply with a duly issued investigatory subpoena shall be grounds for denial of a license.

(7) General Provisions for Employment

(a) Legal Employment: To be eligible for employment by a school district in any position covered by 603 CMR 4.00, a person must have been granted a vocational technical educator license by the Commissioner that is appropriate for the role or be serving under an exemption according to the provisions of 603 CMR 4.00 for that role. Other professional staff in the school or school district required to be licensed under 603 CMR 7.00 shall be so licensed.

(b) District Requirements: Nothing in 603 CMR 4.00 shall be construed to prevent a school district from prescribing additional qualifications beyond those established in 603 CMR 4.00.

(c) Preliminary Licenses: Persons holding Preliminary licenses are permitted to seek employment in teaching positions requiring licensure in school districts that have an approved induction program for the Preliminary license.

(8) Role. The role covered by each license is defined by the title and requirements of the vocational technical educator license. Superintendents and principals intending to employ a professional educator in a role not obviously defined by an existing license must determine the most appropriate vocational technical educator license by comparing the actual duties and responsibilities of that role with the vocational technical educator license requirements.

(9) Public Record. Each school district shall maintain as a public record, in a central location or in each school, a list of all staff members whose employment is governed by 603 CMR 4.00, indicating the role in which each is employed and the credential that authorizes such employment.

(10) Waivers. A school district may submit in writing a proposal for approval by the Commissioner for the satisfaction of any requirement in 603 CMR 4.00 in a manner different from that specified in 603 CMR 4.00. The Commissioner may approve such proposal if it shows substantial promise of contributing to improvements in the methods for meeting the goals of 603 CMR 4.00 and if such proposal does not conflict with any provision of law. No such proposal shall be implemented until approved by the Commissioner.

(11) Commissioner's Determination. The Commissioner, for good cause, may determine which specific requirements for licensure set forth in 603 CMR 4.07, 4.08, 4.09, 4.11, 4.12 and 4.13 (3) shall apply and/or be modified for applicants who have submitted evidence that they have either substantially met the requirements for licensure prior to a change in the regulations or that they would have met the requirements but were unable to do so because of extreme hardship. No modification of the requirements will be granted without satisfactory evidence that the applicant has made a good faith effort to complete the requirements for licensure. The Commissioner, at his discretion, may impose reasonable conditions upon any modification granted. The decision of the Commissioner shall be final.



Last Updated: March 11, 2015
E-mail this page| Print View| Print Pdf
Massachusetts Department of Elementary and Secondary Education Search · Site Index · Policies · Site Info · Contact ESE