Educator Services Licensure
Recertification

Legal Requirement for Educators to Renew a Professional License

Educators must renew their professional licenses every five years. In order to remain legally eligible for employment, all educators who are currently employed under a professional license that has a renewal date of June 17, 2009, must submit a completed license renewal application to the Department of Elementary and Secondary Education (Department) by the June 17, 2009 renewal date. Any such educator who fails to submit a completed application to renew his or her license by the deadline will not be eligible for employment under that license in September 2009. The Department recommends educators to renew their Professional licenses online. To begin the process, educators must login to ELAR and follow six easy steps to renew their Professional licenses. The license is renewed instantly at the completion of the process, and a new license is mailed to the educator. Renewing online is the fastest way to complete the process without delay, but paper applications are also available at www.doe.mass.edu/educators/ for educators who wish to mail their applications to the Office of Educator Licensure.

The Department's computer lab is available for educators to renew their licenses online with the assistance of a Department staff member. The Office of Educator Licensure is currently providing computer lab sessions from now until June 17, 2009. Please visit www.doe.mass.edu/conference/ to register for a visit. The Office of Educator Licensure is also collaborating with several school districts that are hosting their own computer lab sessions, which will allow educators to renew in their schools. A Department computer lab session or a school district computer lab license renewal session serves as a great opportunity for educators to get personal assistance when renewing their license(s). For other questions regarding license renewal, Superintendents are encouraged to contact the Commissioner's hotline at: 781-338-3065.

Generally, educators who hold more than one license should at least renew the one under which they are employed. Any professional license (teacher, administrator or professional support personnel) that an educator does not renew automatically becomes inactive for up to five years beyond the renewal deadline. If an educator has been employed in the role of the license for at least two years prior to its expiration date and does not renew it, the educator can no longer be employed in the role of that inactive license, unless the school district requests and is granted an employment waiver. However, an educator may be assigned to or be hired into a position under that inactive license and will have two years to renew the inactive license. An inactive license that is not renewed within five years from its renewal date automatically becomes invalid. An educator may not be employed under an invalid license. The educator must renew an invalid license prior to beginning or resuming employment in that area, unless the district receives an employment waiver.

For example:

• An educator who has been employed since September 2006 under a professional math license that is due for renewal on June 17, 2009, would not be eligible for continued employment in September 2009 in that district under that license, unless the educator renews the license by June 17, 2009, or the district receives an employment waiver. However, if the educator also has a professional history license that is due for renewal on June 17, 2009, the educator can be employed in September 2009 to teach history under the inactive license, and would not be required to renew it until September 2011, two years from the date of employment.

• An educator, who has an inactive license that was not renewed in 2004, could not be employed under that license in September 2009, unless the educator renews the inactive license by June 17, 2009 because the license would become invalid. An educator cannot be employed under an invalid license, unless the district receives an employment waiver.

Please be sure that all educators in your district or school are aware of the license renewal requirement and the impending deadline for the large cohort of educators whose renewal date is June 17, 2009.

Following are answers to questions we have received about educator license renewal.

1. Must the educator receive the renewed license by June 17, 2009 in order to continue to be eligible for employment under the license?

   No, but it is essential for the educator to submit his or her completed license renewal application to the Department by the deadline. State law (M.G.L. chapter 30A, section 13) provides that as long as an individual has made a "timely and sufficient application for a renewal, his license shall not expire until his application has been finally determined by the agency." Consequently, an educator who submits a completed license renewal application to the Department by June 17, 2009 continues to be licensed under the previous license until the Department makes a final determination regarding renewal.

   All educators should keep a copy of their completed application, and if they apply online, print and keep a copy of their receipt from ELAR, which can be provided to their employer upon request.

2. What consequences may arise from an educator's failure to renew his or her license by the renewal deadline?

   Under state law, no person is eligible for employment as an educator by a school district, an educational collaborative, or an approved special education day or residential school unless the person holds an educator license appropriate to the position, or the Department has granted a waiver based on a showing that no qualified licensed educator is available for the position. An educator must submit a completed license renewal application by the renewal date on his or her license in order to remain eligible for employment under that license in the next school year.

   School districts may find that for budgeting or planning purposes, they need to make employment decisions for the 2009-2010 school year before June 17, 2009. School officials who are considering making layoff or dismissal decisions based solely on an educator's inaction on a required license renewal should consult with their district's legal counsel about the applicable procedures for layoff or dismissal. Our review of case law from other jurisdictions supports the authority of school districts to terminate the employment of educators whose licenses have lapsed, provided that districts follow the procedures set forth in state law. In line with the reasoning of these cases from other states, statutory arbitration may be available to educators whose employment is terminated for failing to maintain a license, provided that they otherwise qualify for arbitration (e.g., they have professional teacher status) under M.G.L. c. 71, §§ 41 and 42.

3. If an educator is planning to retire at the end of the 2008-09 school year and does not apply for license renewal by June 17, 2009, may the school or school district continue to employ the educator through the end of the school year?

   Yes, as long as the educator has provided written notice to the school or school district, before June 17, 2009, that s/he intends to retire at the end of the 2008-09 school year. Local rules or collective bargaining agreements may require employees to provide notice of retirement to the employer/school district earlier in the school year. In that case, the educator must comply with the earlier notice date.

4. Is an educator who failed to renew his or her professional license eligible to be employed on a waiver?

   A school district would be able to employ a formerly licensed educator on a waiver only if the district is able to demonstrate to the Department of Elementary and Secondary Education that it cannot find a licensed educator for the position. In our opinion a formerly licensed educator who continues to work in the school district under a waiver or as a long-term substitute would likely have a break in service in terms of his or her employment rights.