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Education Laws and Regulations

603 CMR 44.00:
Recertification

Section:
44.02:
44.03:
44.04:
44.05:
44.06:
44.07:
44.08:
44.09:
44.10:
44.11:
44.12:
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44.01: Purpose and Authority

(1) Purpose. The Massachusetts recertification system will enhance education through ongoing professional development for educators that meets high standards for quality. It is important that the recertification system be carried out in the context of professional development for school improvement leading to increased student learning. The goal is for educators within a school and district to work together so that recertification achieves educational goals for the individual, the school, and the district, in order to assist students in meeting state learning standards.

(2) Authority. 603 CMR 44.00 is promulgated by the Board of Education pursuant to M.G.L. c. 71, § 38G.

44.02: Definitions

As used in 603 CMR 44.00, the following terms shall have the following meanings:

Advanced Academic Study: a course of study in the content area that is equivalent to an upper-level undergraduate course or a graduate-level course. Department guidelines will provide that upper-level undergraduate courses may qualify for advanced academic study where the content is substantially new to the educator (e.g., elementary teachers addressing content of Curriculum Frameworks).

Board: the Massachusetts Board of Education.

Certificate: a standard certificate issued pursuant to M.G.L. c. 71, §38G to a person who has met the preparation and eligibility requirements established by the Board of Education for standard certification. Standard certificates are valid for five years and are renewable for additional five year terms.

Content Area: the academic discipline or subject matter knowledge of a certificate.

Continuing Education Unit (CEU): a unit of measurement of professional development activities that meet the requirements of the International Association for Continuing Education and Training.

Department: the Massachusetts Department of Elementary and Secondary Education.

Educator: a person who has been issued a standard certificate pursuant to M.G.L. c. 71, § 38G.

Inactive Certificate: a certificate that is not renewed within the five year validity period. A certificate that is not renewed is deemed inactive for five years.

Individual Professional Development Plan: a five year plan developed by an educator that outlines the professional development activities for the renewal of the educator's certificate(s).

Invalid Certificate: a certificate that is not renewed within the five year validity period and that is not renewed within the five year inactive period, as provided in 603 CMR 44.08.

Low-Performing Mathematics Program: Any mathematics program in a Massachusetts public middle or high school which has been identified as low-performing according to the criteria and process found in the Under-Performing Schools and Districts Regulations, 603 CMR 2.05.

Mathematics Content Assessment: A diagnostic assessment of mathematics content knowledge designated by the Board and paid for by the Department.

Mathematics Teacher: Any educator who teaches any mathematics course in a Massachusetts public school.

Primary Certificate: the certificate so designated by an educator who has more than one certificate. The primary certificate is usually the certificate under which the educator is employed. If the educator is employed in a position that requires more than one certificate, the educator may designate which of the certificates is the primary certificate.

Professional Development Point (PDP): a unit of measurement of professional development activities. One clock hour is equivalent to one professional development point. One semester hour is equivalent to 15 PDPs. One continuing education unit is equivalent to ten PDPs. However, professional development activities sponsored or approved by the Department and advanced academic studies will receive 1.5 PDPs per clock hour. Department guidelines will detail the PDPs earned by professional development activities not readily measured in clock hours.

Topic: a single or tightly integrated area of study within an academic discipline or related to a particular method of teaching or administration.

44.03: General Provisions

(1) Except as provided in 603 CMR 44.08, each certificate shall be valid for five years, and may be renewed for successive five year terms upon the successful completion of the requisite number of PDPs as set forth in 603 CMR 44.05 (2), 44.06(1), or 44.07(1) within a particular five year validity period, based on a professional development plan that is designed to improve teaching and student learning and that is approved, if required, by the educator's supervisor.

(2) Professional development points may be earned in the following ways:

(a) PDPs may be awarded by registered providers to certificate holders who complete a professional development activity and demonstrate proficiency in the relevant subject area or skill through an appropriate end-of-course assessment that satisfies Department guidelines.
(b) PDPs may be awarded by, or under the auspices of, the Department, school districts, or educational collaboratives upon an educator's completion of a professional development activity in compliance with Department guidelines.
(c) Educators may accrue PDPs through an educator-designed professional development activity that satisfies Department guidelines.

(3) An educator also may choose to accrue professional development points in the following ways, as part of an individual professional development plan which receives any approvals necessary under the provisions of 603 CMR 44.04:

(a) Achieving a passing score on a content-specific test approved by the Board will earn an educator 90 PDPs in the content area of the certificate.
(b) Achieving a passing score on a performance assessment approved by the Board will earn an educator 120 PDPs, 90 in the content area of the certificate and 30 in pedagogy.
(c) Taking the Mathematics Content Assessment will earn an educator 20 PDPs in the mathematics content area.

(4) The Department shall develop and maintain a registry of professional development providers in order to facilitate access to information about professional development programs.

44.04: Approval of Professional Development Plans

(1) In accordance with G.L. c. 71, § 38G, educators working in a Massachusetts public school must obtain approval of their proposed professional development plans from their supervisors by the timelines set out in 603 CMR 44.06 (2), and 44.07 (2). Certified educators working in schools other than Massachusetts public schools are encouraged to seek such approval.

(a) Approval for proposed individual professional development plans shall be from the educator's direct supervisor or an appropriate designee. In most instances, this will mean that the plans of teachers and other educators who report to the principal will be approved by the principal, a principal's plan will be approved by the superintendent of schools, and a superintendent's plan will be approved by the chairperson of the school committee.
(b) Approval of a plan shall be based on whether the 80% of the PDPs in the plan that are subject to supervisor approval under the terms of 603 CMR 44.06 (2)(a) or 44.07 (2) are consistent with the educational needs of the school and/or district and whether the plan is designed to enhance the ability of the educator to improve student learning. A supervisor may consider whether the plan requires an educator to earn PDPs regularly throughout the five year period when evaluating a plan.
(c) Approval of individual professional development plans shall not be unreasonably withheld. In the event that a plan is rejected by a supervisor, teachers and other educators who report to the principal may seek review of the denial from the superintendent of schools, principals may seek review from the school committee chairperson, and superintendents may seek review from the Department. An educator may then seek additional review from the Department, according to the provisions of 603 CMR 44.11.

(2) A supervisor shall review each individual professional development plan at least every two years. A supervisor shall review the professional development plan of any educator new to the district or school within three months of the educator's beginning employment in the new position. A supervisor may require an educator to amend the plan or may withdraw approval for a plan that had been previously approved, provided, however, that any PDPs that were earned consistently with an approved plan shall be deemed approved in applying for recertification. Except as provided in 603 CMR 44.06 (2)(b), any PDPs that are earned prior to the approval of a plan may be subject to disapproval, if in the opinion of the educator's supervisor, the PDPs are not consistent with the educational improvement goals of the school and/or district.

(3) Educators who are employed in a Massachusetts public school shall include in their recertification application their supervisor's endorsement of their completed professional development plans. A supervisor's endorsement will indicate that the supervisor has reviewed the log of professional development activities maintained by the educator to ensure that the reported activities are consistent with the approved professional development plan.

(a) Educators who are employed in schools other than Massachusetts public schools are encouraged to have their supervisor endorse their plans.
(b) Educators who are not employed in schools at the time that they apply for recertification shall submit their plans directly to the Department, without a supervisor's endorsement.
(c) An educator whose supervisor refuses to endorse a professional development plan may follow the review procedures set out in 603 CMR 44.04 (1)(c) and 44.11.

(4) Approval of professional development plans of mathematics teachers in low-performing mathematics programs shall be subject to the following additional requirements:

(a) A supervisor shall not approve or endorse the professional development plan of any mathematics teacher in a low-performing mathematics program until that educator takes the Mathematics Content Assessment. However, if no Mathematics Content Assessment is offered between the first date the educator is required to take the Mathematics Content Assessment, pursuant to the Under-Performing Schools and Districts Regulations, 603 CMR 2.05, and the last date on which the approval or endorsement may be granted, the supervisor may approve or endorse the professional development plan of an educator who has not yet taken the Mathematics Content Assessment.
(b) In considering whether a professional development plan is consistent with the educational needs of the school and/or district and whether the plan is designed to enhance the ability of the educator to improve student learning, pursuant to 603 CMR 44.04 (1)(b), a supervisor must determine that the professional development plan addresses weaknesses identified by the Mathematics Content Assessment.
(c) In the event that a school's mathematics program is classified as a low-performing mathematics program after approval of the educator's professional development plan, the educator shall take the next Mathematics Content Assessment offered by the Board.
(d) In the event that a mathematics teacher who was not previously teaching in a school with a low-performing mathematics program goes to work in school with a low-performing mathematics program, that teacher will not have to take the Mathematics Content Assessment until the school's mathematics program is classified as low-performing based on the results of an MCAS mathematics test administered while the teacher is employed at the school.
(e) In biannual reviews conducted pursuant to 603 CMR 44.04 (2), a supervisor must withdraw approval of the professional development plan of any educator who has not taken the Mathematics Content Assessment offered by the Board, unless no Mathematics Content Assessment is offered between the time such Assessment was required of the educator, pursuant to 603 CMR 2.05 (2), and the time of the biannual review. A supervisor must also withdraw approval of any professional development plan that fails to address weaknesses identified by the Mathematics Content Assessment.

44.05: Provisions applicable to standard certificates issued between October 1, 1994 and June 17, 1999

(1) Educators are not required to obtain either initial approval or final endorsement of professional development plans from a supervisor.

(2) Individual professional development plans must include at least 120 PDPs. At least 60 of those PDPs must be in areas of the content and professional skills of the educator's certificate. The remaining 60 points may be in areas of other educational issues and topics that improve student learning.

(3) A minimum of 4 PDPs must be earned in a particular topic for the PDPs to count toward recertification.

(4) Professional development plans must include an additional 30 PDPs in the content and skills of any additional certificate to be renewed.

44.06: Provisions applicable to standard certificates issued prior to October 1, 1994 that were required to be renewed by June 18, 1999 and standard certificates issued between June 18, 1999 and December 1, 1999

(1) Individual professional development plans must include at least 120 PDPs.

(2) Educators must receive initial approval of their professional development plans under 603 CMR 44.04 by June 30, 2000.

(a) At least 80% of PDPs earned after initial approval of an individual professional development plan must be in the content area of the educator's primary certificate or in pedagogy directly related to instruction and must be approved by the educator's supervisor under the standard set forth in 603 CMR 44.04 (1)(b). At least 60 % of the PDPs earned after initial approval of the individual professional development plan must be in the content area of the primary certificate.
(b) PDPs earned before the professional development plan is initially approved may be credited toward recertification, provided that no more than 60 PDPs that are outside areas directly related to the content and skills of the educator's certificate may be credited toward recertification.
(c) A minimum of 10 PDPs must be earned in a topic to count the PDPs toward recertification, except that PDPs earned before the professional development plan is initially approved may be counted as long as a minimum of 4 PDPs are earned in a topic.

(3) Educators shall obtain final endorsement of their plans from their supervisors, pursuant to the provisions of 603 CMR 44.04 (3).

(4) Professional development plans must include an additional 30 PDPs in the content and skills of any additional certificate to be renewed.

44.07: Provisions applicable to standard certificates issued after December 1, 1999

(1) Individual professional development plans must include at least 150 PDPs. At least 120 of the PDPs must be in the content area of the certificate or in pedagogy directly related to the educator's primary certificate, with at least 90 of these PDPs in the content area of the educator's primary certificate.

(2) Educators working in Massachusetts public schools must get initial approval of their professional development plans pursuant to 603 CMR 44.04 (1) (b) within three months of issuance of the certificate to be renewed, or by June 30, 2000, whichever is later. A supervisor shall approve a professional development plan in which the 120 PDPs required to be in content area or pedagogy are consistent with school and district educational improvement goals.

(3) Educators shall obtain final endorsement of their plans from their supervisors, pursuant to the provisions of 603 CMR 44.04 (3).

(4) A minimum of 10 PDPs must be earned in a topic to count the PDPs toward recertification.

(5) Professional development plans must include an additional 30 PDPs in the content area of any additional certificate to be renewed.

44.08: Inactive and Invalid Certificates

(1) A certificate that is not renewed within the five year validity period is deemed inactive for a period of five years. At the end of that time, the certificate is invalid, except as provided in 603 CMR 44.08 (2) or (3).

(2) An educator who is not currently employed in a position requiring certification and who is to be employed in a position for which he or she holds an inactive certificate, shall have two years from the start of such employment to complete the professional development requirements for the certificate.

(3) An educator who is currently employed in a position requiring certification for which he or she holds an active certificate, and who is to be employed in a position for which he or she holds an inactive additional certificate, shall have two years from the start of such employment to complete the professional development requirements for the inactive certificate. The educator may renew such additional certificate upon the completion of 30 PDPs, provided that the educator has renewed his or her primary certificate.

(4) An educator may not be employed under an inactive certificate, except as provided in 603 CMR 44.08 (2) or (3), until he or she renews the certificate, unless the school district receives a waiver from the Department pursuant to 603 CMR 7.00. An educator may not be employed under an invalid certificate, until he or she renews the certificate, unless the school district receives a waiver from Department pursuant to 603 CMR 7.00.

(5) If a certificate has become inactive or invalid under 603 CMR 44.08 (1), the educator may renew a standard certificate in that area after completing the professional development requirements contained in 603 CMR 44.07 (1), except that any educator who was certified prior to October 1, 1994 and applies for initial recertification before December 31, 2001, will be recertified under the provisions of 603 CMR 44.05.

44.09: Application Process

(1) All applicants for recertification shall submit the following to the Department:

(a) a completed application,
(b) the required fee,
(c) proof of sound moral character,
(d) a statement, signed under penalties of perjury, that the candidate has successfully completed the requisite number of PDPs under a professional development plan.

(2) Applicants who are employed by Massachusetts public schools shall submit a supervisor's endorsement of the completed professional development plan, unless the educator is exempted from this requirement by 603 CMR 44.05(1).

44.10: Documentation and Recordkeeping

(1) Each educator shall maintain the following materials to verify completion of recertification requirements:

(a) an individual professional development plan, to be achieved over the five year period, that includes the educator's goals for strengthening content area knowledge and professional skills and for remaining current in other professional issues, and resulting in improvements in teaching; and
(b) reasonable documentation which validates the completion of an activity and the number of points accrued; and
(c) a record of completed recertification activities, which at a minimum shall include the topic and type of professional activities completed, the dates of such activities, and the number of points completed.

(2) The educator shall maintain the documentation, record log, professional development plan, and application for five years from the date of recertification. This documentation is subject to audit by the Department and review by an educator's supervisor.

44.11: Reconsideration

An applicant for recertification may request that the Commissioner of Education reconsider the Department's decision not to renew such applicant's certificate. An applicant may also appeal a supervisor's decision not to approve or endorse a professional development plan to the Commissioner, after seeking any review available at the local school district pursuant to 603 CMR 44.04 (1) (c). 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 recertification has been denied or that the individual professional development plan was rejected at the highest available level of local review. The decision of the Commissioner shall be final.

44.12: Hardship Waiver or Modification

(1) Upon a showing of extreme hardship, the Commissioner may waive or modify the requirement of completion of the requisite number of PDPs as set forth in 603 CMR 44.05, 44.06, and 44.07. A showing of extreme hardship may include serious illness or other catastrophic circumstances that are beyond the control of the educator. No modification or waiver will be granted without satisfactory evidence that the educator has made a good faith effort to obtain the required number of PDPs but that extreme hardship has prevented the educator from doing so.

(2) The Commissioner, in his discretion, may impose reasonable conditions upon any modification or waiver granted.

(3) The decision of the Commissioner shall be final.

Regulatory Authority:
603 CMR 44.00: M.G.L. c. 71, §38G



last updated: January 28, 2003
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