Current through Register 1531, September 27, 2024
(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 7.15(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)):
1. Teachers holding an Initial or
Professional License in one field may earn a license of the same type and at
the same level in a new field, except as provided in
603
CMR 7.15(2)(a)2. and 3. by:
a. Achieving a passing score on the
appropriate subject matter knowledge test(s) of the MTEL, or
b. Passing a competency review for those
licenses for which there is no subject matter test.
2. Additional requirements for earning a
license as an early childhood, English as a second language, or elementary
teacher: completion of a practicum/practicum equivalent or internship of 150
hours in the role of the license sought in an appropriate classroom.
3. Additional requirements for earning a
license as teacher of students with moderate disabilities, teacher of students
with severe disabilities, teacher of the deaf and hard-of-hearing, or teacher
of the visually impaired are completion of both:
a. A competency review, and
b. A practicum/practicum equivalent or
internship of 150 hours in the role of the license sought in an appropriate
classroom.
(b)
New Level. (available only for licenses under
603
CMR 7.04(3)(a) and (d)1.):
1. Teachers holding an Initial or
Professional License at one grade level may obtain a license of the same type
and in the same field at a new grade level by:
a. Achieving a passing score on the
appropriate subject matter test(s) at the new level or by passing a competency
review for those licenses for which there is no subject matter test.
b. Completing one of the following:
i. A seminar, institute, or course approved
by the Department addressing the curriculum and developmental characteristics
of the age group appropriate to the license sought.
ii. A practicum/practicum equivalent or
internship of 150 hours in the role of the license in an appropriate
classroom.
2.
Teachers holding a teacher of students with moderate disabilities license at
the PreK-2 level may obtain a teacher of students with moderate disabilities
license at the PreK-8 level by achieving a passing score on the general
curriculum test and may obtain a teacher of students with moderate disabilities
license at the 5-12 level by achieving a passing score(s) on subject matter
test(s) based on subject matter knowledge requirements set forth in
603
CMR 7.06, as applicable.
3. Teachers holding a teacher of students
with severe disabilities license at the PreK-2 level may obtain a teacher of
students with severe disabilities All levels license by achieving a passing
score on the general curriculum test.
4. School counselors holding an Initial or
Professional License at one grade level may obtain a license of the same type
and in the same field at a new grade level by completing one of the following:
a. A seminar, institute, or course approved
by the Department addressing the curriculum and developmental characteristics
of the age group appropriate to the license sought.
b. A practicum/practicum equivalent or
internship of 150 hours in the role of the license sought in an appropriate
classroom.
(c)
New Field and Level. Teachers holding an Initial or
Professional License in one field may earn a license of the same type in a new
field and a new grade level by meeting the requirements set forth in
603
CMR 7.15(2)(a) and
(b)1.
(d)
New Provisional License in
Special Education. Teachers holding an Initial or Professional
license in any field and who have at least two years of experience modifying
curriculum for students with disabilities, may obtain a provisional license in
teacher of students with moderate disabilities and teacher of students with
severe disabilities as follows:
1. Teacher of
students with moderate disabilities (PreK-8) licenses:
a. Passing a competency review
b. Passing score on the Foundations of
Reading test
c. Passing score on the
General Curriculum test
d. Seminars
or courses on, or demonstrated knowledge of, ways to prepare and maintain
students with disabilities for general classrooms; for example, use of
strategies for learning and of behavioral management
principles.
2. Teacher of
students with moderate disabilities (5-12) license:
a. Passing a competency review
b. Passing score on the Foundations of
Reading test.
c. Passing score on
subject matter test(s) based on subject matter knowledge requirements set forth
in 603 CMR 7.06, as
applicable.
d. Seminars or courses
on, or demonstrated knowledge of, ways to prepare and maintain students with
disabilities for general classrooms; for example, use of strategies for
learning and of behavioral management principles.
3. Teacher of students with moderate
disabilities (PreK-2) license:
a. Passing a
competency review
b. Passing score
on the Foundations of Reading test
c. Passing score on the Early Childhood
test.
d. Seminars or courses on, or
demonstrated knowledge of, ways to prepare and maintain students with
disabilities for general classrooms; for example, use of strategies for
learning and of behavioral management principles.
4. Teacher of students with severe
disabilities (All) licenses:
a. Passing a
competency review
b. Passing score
on the General Curriculum test
c.
Seminars or courses on, or demonstrated knowledge of, ways to prepare and
maintain students with disabilities for general classrooms; for example, use of
strategies for learning and of behavioral management
principles.
5. Teacher of
students with severe disabilities (PreK-2) license:
a. Passing a competency review
b. Passing score on the Early Childhood
test.
c. Seminars or courses on, or
demonstrated knowledge of, ways to prepare and maintain students with
disabilities for general classrooms; for example, use of strategies for
learning and of behavioral management principles.
(e)
New Provisional Licenses in English as a Second
Language. Teachers holding an Initial or Professional license in
any field who have at least two years of experience in second language
acquisition and sheltering content for English learners may earn a provisional
license in English as a Second Language by achieving a passing score on the
English as a Second Language test.
(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 an additional license of the same type as
follows:
1. Superintendent/assistant
superintendent or principal/assistant principal by:
a. Completing one of the following:
i. Three full years of employment under a
valid administrator license.
ii. A
practicum/practicum equivalent or internship of 300 hours in the role of the
license sought.
b.
Demonstrating successful application of the Professional Standards for
Administrators as set forth in
603
CMR 7.10 through completion of a Performance
Assessment for Initial License. Administrators who successfully completed a
Performance Assessment for Initial License to obtain their current
administrator license are not required to complete an additional Performance
Assessment for Initial License.
2. School business administrator by
completing:
a. One of the following:
i. Three years' full-time employment under a
valid license as a superintendent or assistant superintendent.
ii. A practicum/practicum equivalent or
internship of 300 hours in the role of a school business
administrator.
b. A
Performance Assessment for Initial License that meets the requirements set
forth in
603
CMR 7.09(5)(a)2. and
7.10.
3.
Supervisor/director by:
a. Completing one of
the following:
i. Three years of employment
under a valid administrator license.
ii. A practicum/practicum equivalent or
internship of 300 hours in the role of the supervisor/director license
sought.
b. Demonstrating
successful application of the Professional Standards for Administrators as set
forth in
603
CMR 7.10 through a Performance Assessment for
Initial License. Administrators who successfully completed 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. Possessing the
appropriate prerequisite license and experience as specified in
603
CMR 7.09(3)(b)1., 2. and
6.
4. Special education
administrator by:
a. Completing one of the
following:
i. Three years of employment under
a valid superintendent/assistant superintendent, principal/assistant principal,
or school business administrator license.
ii. A practicum/practicum equivalent or
internship of 300 hours in the role of a special education
administrator.
b.
Demonstrating successful application of the Professional Standards for
Administrators as set forth in
603
CMR 7.10 and the appropriate knowledge of
special education laws, regulations, and issues through a Performance
Assessment for Initial License.
c.
Possessing the appropriate prerequisite experience as specified in
603
CMR 7.09(4)(a)1.
(b)
New
Level. Licensed principals/assistant principals may earn an
additional principal/assistant principal license of the same type at a new
level by possession of an SEI Administrator or SEI Teacher Endorsement and
completing one of the following:
1. A seminar,
institute, or course approved by the Department, addressing the curriculum and
developmental characteristics of the age group appropriate to the license
sought.
2. A practicum/practicum
equivalent or internship of 300 hours in the role and at the level of the
license sought.
(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)
Extension of an Initial License.
(a) An educator may request to extend 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
extension a candidate shall:
1. Have been
employed for five years under a valid Initial License or is employed in their
fifth year under a valid Initial License.
2. Present evidence of sound moral
character.
3. Submit a plan
outlining how the candidate will fulfill the requirements for a Professional
License.
4. Additional requirements
for the teacher of the deaf and hard of hearing license (American Sign
Language/Total Communication): passing score on a test of sign language
proficiency approved by the Department.
(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 7.15(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)
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, 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 7.15(8)(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 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 7.15(8)(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 7.15(8)(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:
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 7.15(8)(b), the
Commissioner or his 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:
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 his 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:
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 7.15(8) 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)
Administrator's 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 7.15(8)(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 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. Any
personnel information provided by an administrator pursuant to 603 CMR
7.15(8)(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 7.00. If the
Commissioner denies an application for a license, an applicant may request
reconsideration by the Commissioner under 603 CMR 7.15(7) in the manner
determined by the Commissioner.
(9)
General Provisions for
Employment.
(a)
Legal
Employment. To be eligible for employment by a school district in
any position covered by a license issued under
603 CMR 7.00, a person must
have been granted a license by the Commissioner that is appropriate for the
role. A person holding a license may be employed for a maximum of 20% of his or
her time in a role and/or at a level for which he or she does not hold a
license. In addition, as a result of the outbreak of the 2019 novel
coronavirus, also known as COVID-19, during the 2020-2021, 2021-2022, and
2022-2023 school years, a person holding a license may be employed for a
maximum of 50% of his or her time in a role or at a level for which the
individual does not hold a license, except in a role requiring any of the
following licenses: Teacher of Moderate Disabilities, Teacher of Severe
Disabilities, Teacher of Deaf and Hard of Hearing (ASL/TC), Teacher of Deaf and
Hard of Hearing (Oral/Aural), Teacher of Visually Impaired, Teacher of Speech,
Language and Hearing Disorders, school nurse, or English as a Second Language.
Assignment outside the educator's license up to 50% of the time during the
2020-2021, 2021-2022, and 20222023 school years shall not prevent the
2020-2021, 2021-2022, and 2022-2023 school years from being counted as service
toward Professional Teacher Status.
(b)
Sheltered English
Immersion.
1. Notwithstanding 603
CMR 7.15(9)(a), starting on July 1, 2016, no Core Academic 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. Notwithstanding 603 CMR 7.15(9)(a),
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.
3. Notwithstanding 603 CMR 7.15(9)(a),
starting on July 1, 2016, no principal, assistant principal, or
supervisor/director shall supervise or evaluate a Core Academic 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.
4. Notwithstanding 603 CMR 7.15(9)(a),
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.
5. Notwithstanding
603
CMR 7.04,
7.05,
7.09
and 7.15(5), any Core Academic Teacher, principal, assistant principal, or
supervisor/director supervising or evaluating a Core Academic Teacher, who
fails to obtain an SEI endorsement within the time period designated for his or
her cohort established pursuant to
603
CMR 14.07(2), will not be
eligible to advance or renew his or her license until such Educator obtains the
SEI endorsement. Provided however, in accordance with
603
CMR 14.07(2), upon a showing
of hardship, the Department may grant an Educator an extension of time beyond
the date designated for his or her cohort to earn an SEI endorsement.
6. Notwithstanding
603
CMR 7.04,
603
CMR 7.05,
603 CMR
7.09 and 603 CMR 7.15(5), 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 by the date specified in
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. Notwithstanding 603
CMR 7.15(9)(a), a core academic 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 core academic teacher responsible for
the instructional component provided in a language other than English must hold
the Bilingual Education Endorsement.
b. A core academic teacher responsible for
the instructional component provided in English must hold the Bilingual
Education Endorsement or the SEI Endorsement.
2. Notwithstanding 603 CMR 7.15(9)(a), a
principal, assistant principal, or supervisor/director who supervises or
evaluates a core academic 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
hold the Bilingual Education Endorsement or the SEI Endorsement.
3. For purposes of 603 CMR 7.15(9)(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.
(d)
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.
(e)
Provisional
Licenses. Persons holding Provisional 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.
(f)
Conditions for Employment as
a Supervisor of Attendance.
1. No
person shall be eligible for employment by a school committee as a supervisor
of attendance unless such person either holds a Supervisor of Attendance
certificate that was issued under
603 CMR
13.00:
Certification of Supervisors of
Attendance prior to June 30, 2017 or meets the following requirements:
a. Demonstration of knowledge of the laws
concerning school attendance and of services available to children with
attendance problems.
b. Possession
of one of the following:
i. Two years of
experience working as a parole, probation or law enforcement official whose
major responsibilities have been working with juveniles and/or in home
investigations.
ii. A minimum of 18
graduate credits in psychology, school counseling and/or social work at an
accredited college.
iii. An Initial
or Professional Massachusetts License as a School Counselor, School
Psychologist, School Social Worker/School Adjustment Counselor.
iv. An Initial or Professional Massachusetts
administrator license with at least one course in psychology, school counseling
and/or social work at an accredited college.
v. A combination of experience working with
school-age children in a school setting or a non-school setting deemed
acceptable by the Department and education in psychology, guidance and/or
social work at an accredited college.
2. A school committee, upon its request, may
be exempted by the Department from requirements listed in 603 CMR 7.15(9)(e)1.
for any one school year when compliance therewith would in the opinion of the
Department constitute a great hardship in securing supervisors of attendance
for the town. Service as a supervisor of attendance may not be accepted as
meeting the experience prerequisite unless it is served under a legally granted
exemption. Exemptions under 603 CMR 7.15(9)(e)2. may not be granted by the
Department for any person for more than three consecutive
years.
(10)
Exemptions. The following are exempted from the
provisions of M. 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;
(b) Any person
legally employed as an intern;
(c)
Any trade and vocational instructor, supervisor, school 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 set forth in
603 CMR
7.00, or
603 CMR
4.00: Vocational Technical Education
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 licensed or certified personnel in accordance with M.G.L. c. 71,
§ 38G. The Commissioner may deem a district to have a great hardship in
securing licensed or certified personnel for the purposes of 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 a licensed or certified
candidate who is qualified for the position. Persons employed under waivers
must demonstrate that they meet minimum requirements as established by the
Department and 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,
§ 41.
(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
603
CMR 7.15(13) 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 7.15(13)(a) or to seek
a determination of a critical shortage, pursuant to
603
CMR 7.15(13)(b).
(d) 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 7.15(9)(c) 1.a., upon
request of the superintendent or charter school leader and demonstration that
the 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 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 this subsection. Starting July 1, 2019,
persons employed under a waiver must demonstrate that they meet the requirement
in 603 CMR
7.14(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.
(14)
Implementation.
(a)
Between March 7, 2009 and June 30, 2012, candidates for the following
Provisional 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
603
CMR 7.14(14)(g) 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
extend their Initial License.
(b)
Individuals who apply and complete all requirements for licensure as a Teacher
of Students with Moderate Disabilities prior to August 31, 2012, may qualify
for an Initial or Provisional License by meeting the requirements under
603
CMR 7.06(25) in effect
prior to July 1, 2011.
(c)
Individuals who apply and complete all requirements for licensure as a Teacher
of Students with Severe Disabilities prior to August 31, 2012, may qualify for
an Initial or Provisional License by meeting the requirements under
603
CMR 7.06(26) in effect
prior to July 1, 2011.
(d)
Individuals who apply and complete all requirements for Administrator licensure
as set forth in
603
CMR 7.09 by December 31, 2013, may qualify
for a license by meeting requirements under
603
CMR 7.09 and
7.10 in effect prior to
January 1, 2012.
(e) Individuals
who apply and complete all requirements for Initial licensure prior to July 1,
2014, may qualify for that license by meeting the requirements under
603 CMR
7.00 in effect prior to August 1, 2012.
(f) Individuals who apply and complete all
requirements for Teacher licensure prior to July 1, 2016, may qualify for a
license by meeting the requirements under
603
CMR 7.08 in effect prior to February 1,
2014.
(g) Starting on July 1, 2019,
individuals who hold more than one Provisional License will have no more than
five total years of prospective employment under the Provisional
Licenses.
(h) Individuals who apply
and complete all requirements to licensure prior to July 1, 2019, may qualify
for that license by meeting the requirements under
603 CMR
7.00 in effect prior to June 27, 2017.
(i) Individuals who apply no later than March
17, 2023 and complete all licensure requirements no later than March 17, 2025,
may qualify for that license by meeting the requirements under
603 CMR
7.00 that were in effect on February 1,
2023.