(1)
Fees. License
fees will be charged for each original license and each renewal or
extension.
(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 for
Teachers. 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)
New Field for Vocational
Administrators. Licensed Vocational Administrators may earn
additional vocational administrator licenses of the same type by meeting the
following requirements:
(a) Vocational
Superintendent/Assistant Superintendent, 9-14, by:
1. Completing one of the following:
i. Three years of full-time employment under
a valid Vocational Principal/Assistant Principal, 9-14, license, or
ii. An internship of 300 hours in the role of
the license sought.
2.
Achieving a passing score on the Communication and Literacy Skills Test
pursuant to
603 CMR 7.00: Educator
Licensure and Preparation Program Approval.
3. Demonstrating successful application of
the Professional Standards for Administrators as set forth in
603 CMR
7.10: Professional Standards for
Administrative Leadership through completion of a Performance
Assessment for Initial License. Administrators who successfully complete a
Performance Assessment for Initial License to obtain their current
administrator license are not required to complete an additional Performance
Assessment for Initial License.
(b) Vocational Principal/Assistant Principal,
9-14, by:
1. Completing one of the following:
i. Three years of full-time employment under
a valid Vocational Administrator license, or
ii. A practicum/practicum equivalent or
internship of 300 hours in the role of the license sought.
2. Achieving a passing score on the
Communication and Literacy Skills Test pursuant to
603 CMR 7.00: Educator
Licensure and Preparation Program Approval.
3. Demonstrating successful application of
the Professional Standards for Administrators as set forth in
603 CMR
7.10: Professional Standards for
Administrative Leadership through completion of a Performance
Assessment for Initial License. Administrators who successfully complete a
Performance Assessment for Initial License to obtain their current
administrator license are not required to complete an additional Performance
Assessment for Initial License.
(c)
Vocational
Supervisor/Director, 9-14, by:
1. Completing one of the following:
i. Three years of full-time employment under
a valid Vocational Administrator license; or
ii. An internship of 300 hours in the role of
the supervisor/director license sought.
2. Possessing a Vocational Technical Educator
license at the Professional stage.
3. Achieving a passing score on one of the
following:
i. The Communication and Literacy
Skills Test, pursuant to
603 CMR 7.00: Educator
Licensure and Preparation Program Approval; or
ii. The Vocational Technical Literacy Skills
Test.
(5)
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.
(6)
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.
(7)
License
Actions.
(a)
Grounds
for License Action.
1. The
Commissioner may impose discipline including, but not limited to, issuing a
reprimand, suspending or limiting, either indefinitely or for a fixed period of
time, or revoking a license if, after investigation, any of the following is
determined:
a. The license was obtained
through fraud or misrepresentation of a material fact;
b. The holder of the license is unfit to
perform the duties for which the license was granted;
c. 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 license holder discredits the profession,
brings the license into disrepute, or lacks good moral character;
d. The holder has had one or more licenses or
certificates denied, revoked, suspended, surrendered, reprimanded, or otherwise
limited 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 Agreement;
e. There
exists other good cause to impose discipline including, but not limited to,
gross misconduct or negligence in the conduct of the license holder's
professional duties and obligations, willful action in violation of Board
regulations or Department orders, commitment of an offense against any law of
the Commonwealth related to the license holder's professional duties and
responsibilities, or dismissal for just cause from a position in a school or
child care facility.
2.
If any of the grounds in 603 CMR 4.13(7)(a)1. are determined, the Commissioner
may deny an applicant for a license or put limitations on a license that may
include, but are not limited to:
a.
Restrictions on the ages of students with whom the certificate or license
holder may work;
b. Additional
supervision requirements;
c.
Education, counseling, or psychiatric evaluation requirements; and
d. Notification to the employer of the
circumstances surrounding the Commissioner's decision to put limitations on the
license holder.
(b)
Procedure. No
discipline may be imposed, other than by agreement, under 603 CMR 4.13(7)(a)1.
until:
1. The Department has determined that
there is probable cause to impose discipline for one or more of the grounds set
forth in 603 CMR 4.13(7)(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: Standard
Adjudicatory Rules of Practice and Procedure. Notice shall inform the
license holder that he or she may retain an attorney to represent him or her,
and 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 discipline requested in
the notice of probable cause shall be deemed to be imposed, and the holder
shall be so notified by certified mail.
(c)
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 impose a sanction, the
surrender will be treated as a revocation, unless the Commissioner determines
another disposition is warranted.
(d)
Hearing.
1. If the Commissioner receives a request for
a hearing from the license holder in accordance with 603 CMR 4.13(7)(b), the
Commissioner or their 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:
Standard
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 their 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: Standard
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.
(e)
Notice of License Action. The Department sends notice
of educator license sanctions to appropriate entities including, but not
limited to, superintendents of Massachusetts schools, heads of charter and
virtual schools, and the National Association of State Directors of Teacher
Education and Certification.
(f)
Reinstatement.
1. A
person whose license has been revoked in accordance with 603 CMR 4.13(7) may
again be licensed in Massachusetts only upon a b 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.
(g)
Administrators' Obligation to Report and Produce
Documents. 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(7)(a) shall report in writing such resignation or
dismissal and the reason therefore 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 nonrenewal. Upon
request, administrators shall provide the Department with all relevant
information and documents requested in connection with an investigation.
Failure to make the required reports or to provide requested information or
documents shall be grounds on which the Commissioner may impose discipline on
the administrator's license.
(h)
License Holder's or Applicant's Obligation to Report.
Any license holder or applicant for a license 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 the 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 or applicant for a license 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 or applicant for a license who has surrendered an
educator license or any other license or certificate to practice any profession
or who has had any 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 or deny an application
for licensure.
(i)
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(7) until final disposition
of the matter. Any personnel information provided by an administrator pursuant
to 603 CMR 4.13(7)(g) shall be considered personnel information within the
meaning of M.G.L. c. 4, § 7 clause Twenty-sixth(c).
(j)
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(6) in the manner determined by the
Commissioner.
(8)
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)
Sheltered
English Immersion:
1. Starting
on July 1, 2021, no career vocational technical teacher shall be assigned to
provide sheltered English instruction to an English learner, unless such
teacher either holds an SEI Teacher Endorsement or will earn an SEI Teacher
Endorsement within one year from the date of the assignment.
2. Starting on July 1, 2021, no principal,
assistant principal, or supervisor/director shall supervise or evaluate a
career vocational technical teacher who provides sheltered English instruction
to an English learner, unless such principal, assistant principal, or
supervisor/director either holds an SEI Teacher or SEI Administrator
Endorsement or will earn such endorsement within one year of the commencement
of such supervision or evaluation.
3. Any career vocational technical teacher,
principal, assistant principal, or supervisor/director who supervises or
evaluates a career vocational technical teacher who provides sheltered English
instruction to an English learner and who fails to obtain an SEI endorsement
within the time period designated for his or her cohort established by
603 CMR
14.08(2), will not be
eligible to advance or renew his or her license until such individual obtains
the SEI endorsement. Provided however, in accordance with
603 CMR
14.08(2), upon a showing of
hardship, the Department may grant an educator an extension of time beyond the
date specified in
603 CMR
14.08(2).
(c)
Bilingual
Education:
1. A career
vocational technical teacher assigned to provide instruction to an English
learner in a bilingual education setting, such as dual language education or
two-way immersion program, or transitional bilingual education program, must be
properly qualified in the field and grade level of the assignment, and hold the
appropriate endorsement, as follows:
a. A
career vocational technical teacher responsible for the instructional component
provided in a language other than English must hold the Bilingual Education
Endorsement.
b. A career vocational
technical teacher responsible for the instructional component provided in
English must hold the Bilingual Education Endorsement or the SEI
Endorsement.
2. A
principal, assistant principal, or supervisor/director who supervises or
evaluates a career vocational technical teacher assigned to provide instruction
to an English learner in a bilingual education setting, such as dual language
education or a two-way immersion program, or a transitional bilingual education
program, must hold the Bilingual Education Endorsement or the SEI
Endorsement.
3. For purposes of 603
CMR 4.13(8)(c)1. and 2., a valid Transitional Bilingual Education license or
Transitional Bilingual Learning endorsement issued by the Department, shall be
deemed the equivalent of the Bilingual Education Endorsement.
4. The Commissioner may issue a waiver to a
school district, including a charter school and an educational collaborative,
from the educator qualification requirements in 603 CMR 4.13(8)(c)1.a., upon
request of the superintendent or charter school leader and demonstration that
the school district, charter school or educational collaborative has made a
good faith effort to hire personnel with the Bilingual Education Endorsement,
and has been unable to find a candidate with the Bilingual Education
Endorsement who is qualified for the position. Provided that the submission
requirements in
603 CMR
14.04(4) shall continue to
apply to any school district or charter school that intends to offer a new
Sheltered English Immersion or alternative English learner education program
and that applies for a waiver under 603 CMR 4.13(8)(c)4. Starting July 1, 2021,
persons employed under a waiver must demonstrate that they meet the requirement
in
603 CMR
4.15(3)(a)1. and any other
requirements established by the Department. The waiver shall be valid for a
period of one school year and may be renewed at the Commissioner's
discretion.
(d)
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.
(e)
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.
(9)
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.
(10)
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.
(11)
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.
(12)
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,
4.13(3) and (4) 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 or her discretion, may impose
reasonable conditions upon any modification granted. The decision of the
Commissioner shall be final.
(13)
Individuals who apply for and complete all requirements for Vocational
Technical Education licensure prior to July 1, 2021, may qualify for that
license by meeting the requirements under
603
CMR 4.00 in effect prior to June 26, 2018.
