Hardship Waivers are granted to districts seeking to employ an individual who is not appropriately licensed for the role. Districts may do so upon demonstrating that they have made a good-faith effort to hire a licensed or certified personnel. Hardship waivers are good for a period of one school year. If a district wishes to employ a non-licensed individual on a hardship waiver for additional years, they must 1) demonstrate annually the good-faith effort made to hire a licensed or certified person and 2) provide documentation that the individual is making continuous progress toward meeting the requirements for licensure. Below are the ways in which districts and individuals may satisfy these two requirements.
Prior to decisions about hiring and assignment associated with educators on a waiver, DESE suggests that districts use the student learning experience report (SE321 & SE322) in Edwin Analytics to consider the impact of trends in student/teacher assignment on various sub-groups and individuals within your schools.
Good-faith EffortDistricts applying for a hardship waiver may do so beginning on April 1st of each year (though the actual period of the waiver is July 1 – June 30th). Detailed directions for applying for a waiver can be found at: Process to Request a Waiver for Educator Licensure. In general, however, DESE expects the following to justify that a good-faith effort was made:
Continuous ProgressContinuous progress is only required for individuals wishing to be employed on a hardship waiver in the second and subsequent years of that waiver. Below are the ways in which an individual, or a district on behalf of the individual, may demonstrate continuous progress.
Complete at least one aspect of the licensure requirements for the roleThis can include any of the following:
In addition to demonstrating continuous progress through one of the requirements above, districts need to confirm that the educator has received an evaluation rating of at least "needs improvement" or higher in the preceding school year.
Please note activities that were accepted toward a previous year waiver cannot be counted to document continuous progress towards the current-waiver request; (i.e., no "double dipping"). For example, an educator takes a course in the spring semester and completion of that course is considered/counted towards the approval of the second-year waiver. Should that spring semester fall within the acceptable window of time for a third-year waiver, that course would not be able to be counted towards progress of both the second- and third-year waiver. Other acceptable activities that took place within the acceptable window of time, beyond the course, could be used towards continuous progress of a third waiver. If an educator is enrolled in a program that spans multiple years, this program could "count" towards more than one year, assuming that the program affirms the individual is making continuous progress towards licensure.
Starting with the 2018-19 school year (7/1/18 and on), waiver applications for special education licenses require an additional assurance from the district stating that the waiver candidate is either 1) enrolled in an approved MA educator preparation program for the license sought or 2) being supported through the Structured Guidance & Supports (SG&S) process.
For additional year special education waivers, the Office of Educator Licensure will verify which option was selected in the previous school year and will require documentation of continuous progress associated with either option.
Documentation of Continuous Progress for Special Education Licenses:
If "enrollment in an approved educator preparation program" was selected in year 1 of the waiver then the district must submit the following two letters:
If "supported through the SG&S process" was selected in year 1 of the waiver then the district must submit the completed three-page SG&S Form appropriate to the license sought.
A person who has not yet met the full requirements for SG&S can still demonstrate continuous progress via options a-h listed above.
Last Updated: June 28, 2022
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA 02148-4906
Voice: (781) 338-3000
TTY: (800) 439-2370
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