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7.14: General Provisions(1) Previous Employment. Previous employment in any role covered by the licenses issued under 603 CMR 7.00 does not exempt a candidate from the provisions of 603 CMR 7.00, except for school librarians, teachers of young children with disabilities, school business administrators and school nurses as specified in 603 CMR 7.14 (9). (2) Additional Licenses. Licensed educators may earn additional licenses as follows:
(a) New Field (available only for licenses under 603 CMR 7.04 (3) (a)):
(3) Additional Licenses for Administrators. Licensed administrators may earn additional administrator licenses by passing the Communication and Literacy Skills test and meeting other requirements as follows:
(a) New Field. Administrators holding an Initial or Professional license may earn additional licenses of the same type as follows:
(4) Prerequisite Licenses. The requirement that an applicant for licensure hold a Massachusetts educator license may be waived for an applicant who has earned an equivalent license based on the same level of preparation in another state or jurisdiction. (5) Renewal of an Initial License.
(a) An educator may renew an Initial license one time for an additional five years of employment. The decision of the Commissioner shall be final.
(b) In order to be eligible for such renewal a candidate shall:
(6) Commissioner's Determination. The Commissioner, for good cause, may determine which specific requirements for licensure set forth in 603 CMR 7.04, 7.05, 7.06, 7.07, 7.09, 7.11, and 7.14(2) and (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. (7) Reconsideration. An applicant for licensure may request that the Commissioner of Education 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 license has been denied. The decision of the Commissioner shall be final. (8) Revocation of Licenses.
(a) Grounds for License Action.
(e) Hearing.
(g) Reinstatement.
(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 Commissioner 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 7.14 (8) 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 7.00. If the Commissioner denies an application for a license, an applicant may request reconsideration by the Commissioner under 603 CMR 7.14 (7). 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. (9) General Provisions for Employment.
(a) Legal Employment. To be eligible for employment by a school district in any position covered by 603 CMR 7.00, a person must have been granted a license by the Commissioner that is appropriate for the role or be serving under an exemption according to the provisions of M. G. L. c. 71A for that role. A person holding a license may be employed for a maximum of 20% of his/her time in a role and/or at a level for which s/he does not hold a license.
(b) District Requirements. Nothing in 603 CMR 7.00 shall be construed to prevent a school district from prescribing additional qualifications beyond those established in 603 CMR 7.00
(c) Preliminary Licenses. Persons holding Preliminary licenses are permitted to seek employment in teaching positions requiring licensure in school districts that have an approved program of preparation for the Initial license. (10) Exemptions. The following are exempted from the provisions of G. L. c. 71, § 38G or M. G. L. c. 71A, § 6, which require the possession of an educator license:
(a) All those exempted by statute or regulation, including but not limited to temporary substitute teachers and exchange teachers and regionally licensed or certified educators;
(b) Any person legally employed as an intern; (c) Any trade and vocational instructor, supervisor, guidance counselor or director, or administrator (except school business administrators employed on or after September 1, 1980) in vocational programs approved by the Commissioner under the provisions of M. G. L. c. 74; (d) Any trade and vocational school business administrator employed prior to September 1, 1980, as the chief fiscal officer of a school committee responsible for vocational programs. (e) Any school nurse employed by a school district on or before June 18, 1993. (f) Any school librarian employed by a school district prior to May 2, 1960. (g) Any teacher employed by a school district to teach young children with disabilities prior to May 11, 1978. (11) Role. The role covered by each license is defined by the title and requirements of the license. Superintendents and principals intending to employ an educator in a role not obviously defined by an existing license must determine the most appropriate license by comparing the actual duties and responsibilities of that role with the license requirements. (12) 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 7.00, indicating the role in which each is employed and the credential that authorizes such employment. (13) Hardship Waivers and Critical Shortage.
(a) The Commissioner may exempt a district for any one school year from the requirement to employ personnel licensed or certified under M. G. L. c. 71 § 38G upon request of a superintendent and demonstration to the Commissioner that the district has made a good-faith effort to hire licensed or certified personnel, and has been unable to find them. Persons employed under waivers must demonstrate that they are making continuous progress toward meeting the requirements for licensure or certification in the field in which they are employed. During the time that a waiver is in effect, service of an employee of a school district to whom the waiver applies shall not be counted as service in acquiring professional teacher status or other rights under M. G. L. c. 71, §
(b) The Commissioner may deem a district to have a critical shortage of licensed or certified teachers for the purposes of M. G. L. c. 32 § 91 (e) upon request of a superintendent and demonstration that the district has made a good-faith effort to hire personnel who have not retired under M.G.L. c. 32 and has been unable to find them. A district deemed to have a critical shortage of licensed or certified teachers for the purposes of M. G. L. c. 32 § 91 (e) may employ retired teachers subject to all laws, rules, and regulations governing the employment of teachers. The period of a determination of a critical shortage of licensed or certified teachers shall not exceed one year, but a district may seek to invoke this provision in consecutive years upon a new demonstration of a good-faith effort to hire personnel who have not retired. The Commissioner shall notify the Teachers' Retirement Board of each determination of a critical shortage made for the purposes of M. G. L. c. 32 § 91 (e). (c) In each instance when, after a good-faith effort, a district is unable to hire a licensed or certified teacher who has not retired under M. G. L. c. 32, the superintendent of the district has discretion to choose whether to seek a waiver, pursuant to 603 CMR 7.14 (12) (a) or to seek a determination of a critical shortage, pursuant to 603 CMR 7.14 (12) (b). (14) Implementation.
(a) All certificates issued by the Board prior to October 1, 2001 will remain valid as issued unless limited, suspended, or revoked for cause.
(b) Between October 1, 2001 and October 1, 2003 educators with Provisional certificates may qualify for an Initial License either by meeting the requirements for a Provisional certificate with Advanced Standing under 603 CMR 7.00 in effect prior to October 1, 2001 or by meeting the requirements for initial licensure in 603 CMR 7.04 (2) (b). An educator must apply for licensure by October 1, 2003 in order to qualify for licensure under the provisions of 603 CMR 7.00 in effect prior to October 1, 2001. (c) Between October 1, 2001 and October 1, 2003 educators with Provisional certificates with Advanced Standing may qualify for a Professional license either by meeting the requirements for a Standard certificate under 603 CMR 7.00 in effect prior to October 1, 2001 or by meeting the requirements for professional licensure in 603 CMR 7.04 (2) (c). An educator must apply for licensure by October 1, 2003 in order to qualify for licensure under the provisions of 603 CMR 7.00 in effect prior to October 1, 2001. (d) Individuals who complete an approved preparation program before October 1, 2003 may qualify for licensure by meeting the requirements in 603 CMR 7.00 in effect prior to October 1, 2001 if they meet such requirements and apply for licensure by October 1, 2003. (e) Individuals who are not enrolled in an approved preparation program may qualify for licensure by meeting the requirements in 603 CMR 7.00 in effect prior to October 1, 2001 if they applied for licensure by October 1, 2001 and meet such requirements for licensure by October 1, 2003. (f) Except as provided in 603 CMR 7.14 (13) (a), (b), (c), (d), and (e), individuals may qualify for licensure by meeting the requirements in 603 CMR 7.00 in effect prior to June 6, 2003 if they apply for licensure by October 1, 2003 and meet such requirements for licensure by October 1, 2003. (g) Between March 7, 2009 and June 30, 2012, candidates for the following preliminary or initial licenses who earn a scaled score of at least 227-239 on the Mathematics portion of the General Curriculum test: Elementary, Teacher of Students with Moderate Disabilities, Teacher of Students with Severe Disabilities, Teacher of the Deaf and Hard-of-Hearing and Teacher of the Visually Impaired, will be deemed to have passed the Mathematics portion of the General Curriculum test. All candidates who are licensed under this provision must earn a scaled score of 240 or above on the Mathematics portion of the General Curriculum test in order to be eligible for the next stage of licensure or to renew their initial license. |
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