Section 4.13 - General Provisions Regarding Educator Licensure(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, orii. 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, orii. 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; orii. 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; orii. 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; andd. 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); and2. 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: StandardAdjudicatory 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.Amended by Mass Register Issue 1283, eff. 3/27/2014.Amended by Mass Register Issue 1369, eff. 7/13/2018.Amended by Mass Register Issue 1413, eff. 3/20/2020.