05-071-115 Me. Code R. § I-6

Current through 2024-44, October 30, 2024

Section 071-115-I-6 - Credentials Available and Eligibility Requirements

1.General Eligibility for a Certificate

A. To be certified by the Department of Education, except for certified educational technicians who are covered in Section 6.5, applicants shall meet the following general qualifications:

(1) Furnish evidence of good moral character when requested;

(2) Be at least 18 years of age;

(3) Be knowledgeable of physiology and hygiene, with special reference to the effects of alcohol, stimulants and narcotics upon the human system;

(4) Hold at least a bachelor's degree from an accredited college or university, with the following exceptions:

(A) Career and technical education teachers;

(B) School nurses under a conditional certificate; and

(C) Native language teachers receiving certification by means of Chapter 115 Part II Section 1.17; and

(5) Satisfactorily complete a state and national CHRC based on fingerprints in accordance with Section 5.2 of this rule.

B. Issuance of any professional teacher or educational specialist certificate requires compliance with Maine Department of Education Regulation 13, except as otherwise indicated.

C. Any bachelor's degree, graduate degree, or required semester hours of academic study shall have been earned at an accredited institution. For purposes of this rule, an accredited institution is a college, university, or other post-secondary institution accredited by any national institutional accrediting agency recognized by the U.S. Secretary of Education as an accrediting authority.

D. Out of Country Licensure (for Individuals Residing in the United States Educated Outside the US and where documentation is available).

(1) The following documents shall be completed during the online application process:

(A) Verification of completed out of state licensure exams, if applicable and available;

(B) Verification of experience; and

(C) Official transcripts in PDF format only, which includes confer date of degree, all pages of the transcript, and the Registrar's signature.

(2) College coursework completed outside the United States requires a course by course analysis from an approved international credential evaluation service.

E. Out of State Licensure

(1) Individuals holding a full certificate as an administrator, a teacher, or a specialist issued by another state, the District of Columbia, a United States territory or other country deemed comparable by the Department may qualify for a professional certificate in the State of Maine.

(2) A CHRC, as described in Section 5.2, is required.

(3) Renewal of these certificates will require:

(A) Any renewal requirements for the Maine-issued certificate as defined in Part II of this rule; and

(B) For teachers and education specialist certificates, completion of an approved course for teaching students with exceptionalities in the regular classroom; or

(C) For administrator certificates, completion of an approved course for federal and Maine civil rights law and education laws, and an approved course for special education law.

2.Professional Teacher Certificate

A.Function: The professional teacher certificate is the standard certificate for a teacher in Maine and shall be issued with one or more endorsements that specify the subject area and the grade level for which the teacher is deemed qualified.

B.Eligibility: An applicant with the qualifications specified in Section 6.1 and who meets the requirements for an endorsement in Part II may obtain a professional teacher certificate by one of the following methods:

(1) Successful completion of a preparation program for educational personnel approved by the State Board with the formal recommendation for certification from the institution, in accordance with Maine Department of Education Regulation 114 and is in compliance with Maine Department of Education Regulation 13, if applicable.

(2) Successful completion of an approved preparation program for the endorsement or certificate being sought, in any state, district, United States territory or other country, along with a formal recommendation for certification from the institution.

(3) As indicated in this rule, the initial teaching standards refer to the pre-service candidate standards found in the State Board of Education rule Chapter 114: Purpose, Standards and Procedures for the Review and Approval of Preparation Programs for Education Personnel, section 2, subsection 2.1.

C.Term

(1) A professional teacher certificate issued to an applicant shall be valid as of the date the application is determined by the Department to be complete and shall expire five (5) years from the date the complete application is received by the Department.

D.Renewal: A professional teacher certificate is renewable for a five (5) year term.

(1) To renew a professional certificate, an applicant shall meet the requirements of Sections 5.1 and 6.1 of this rule, and either:

(A) Complete six (6) semester hours of approved study or 90 hours of in-service training designed to improve the performance of the teacher in the field during the term of the certificate and obtain verification from the SAU that the professional teacher certificate be renewed; or

(B) If not employed by a SAU, provide documentation of the successful completion of six (6) semester hours of approved study or 90 hours in-service training designed to improve the performance of the teacher in the field during the term of the certificate.

(2) The required six (6) semester hours or 90 hours of in-service training may not have been used previously to renew the same certificate and must be earned within the five years prior to the renewal.

(3) If a holder is employed by a SAU, the renewal must be processed through the SAU.

(4) An applicant for professional certification who does not receive positive verification from the SAU may appeal to the Commissioner, pursuant to Maine Department of Education Regulation 119.

3.Certificate for an Administrator

A.Function: The professional administrator certificate is the required certificate to serve in an administrative capacity and shall be issued with one or more endorsements that specify the area which the administrator is deemed qualified.

B.Eligibility: An applicant with the qualifications specified in Section 5.1 and 6.1 will be eligible for a professional administrator certificate by meeting the requirements of an administrator endorsement in Part II of this rule.

C.Term: An administrator certificate issued to an applicant shall be valid as of the date the application is determined by the Department to be complete and shall expire five (5) years from the date the complete application is received by the Department.

D.Renewal: A professional administrator certificate is renewable for a five (5) year term.

(1) To renew the certificate, an applicant shall meet the requirements specified in Sections 5.1 and 6.1 of this rule; and either:

(A) Complete six (6) semester hours of approved study or 90 hours of in-service training designed to improve the performance of the administrator in the field during the term of the certificate and obtain verification from the SAU or a local administrative consortium that the certificate be renewed; or

(B) If not employed by a SAU, provide documentation of the successful completion of six (6) semester hours of approved study or 90 hours of in-service training designed to improve the performance of the administrator in the field during the term of the certificate.

(2) These six (6) semester hours or 90 hours of in-service training may not have been used previously to renew the same certificate and must be earned within the five years prior to the renewal.

(3) If a holder is employed by a SAU, the renewal must be processed through a local/regional consortium.

(4) An applicant for certification who does not receive positive verification from a local/regional consortium may appeal to the Commissioner, pursuant to Maine Department of Education Regulation 119.

4.Certificate for an Educational Specialist

A.Function: The educational specialist certificate is the standard certificate for an educational specialist in Maine and shall be issued with one or more endorsements that specify the work area for which the educational specialist is deemed qualified.

B.Eligibility: An applicant with the qualifications specified in Section 5.1 and 6.1 will be eligible for a professional educational specialist certificate by meeting the requirements of an educational specialist endorsement in Part II of this rule.

C.Term: The educational specialist certificate issued to an applicant shall be valid as of the date the application is determined by the Department to be complete and shall expire five (5) years from the date the complete application is received by the Department, unless otherwise indicated in this rule.

D.Renewal: A professional educational specialist certificate is renewable for a five-year term, unless otherwise indicated in this rule.

(1) To renew the certificate, an applicant shall meet the requirements of Sections 5.1 and 6.1 of this rule, and:

(A) Complete six (6) semester hours of approved study or 90 hours of in-service training designed to improve the performance of the educational specialist in the field during the term of the certificate and obtain verification from the SAU that the certificate be renewed;

(B) If not employed by a SAU, provide documentation of the successful completion of six (6) semester hours of approved study or 90 hours of in-service training designed to improve the performance of the educational specialist during the term of the certificate; or

(C) Meet the requirements for renewal of a School Psychologist certificate, as defined in Part II, Section 2.5.

(2) The required six (6) semester hours or 90 hours of in-service training may not have been used previously to renew the same certificate and must be earned within the five years prior to the renewal.

(3) For the renewal of a school nurse certificate, the holder must also submit a copy of an appropriate license to practice as a Registered Professional Nurse in Maine, reflecting successful completion of appropriate professional development.

(4) If a holder is employed by a SAU, the renewal must be processed through the SAU.

(5) An applicant for certification who does not receive positive verification from the SAU may appeal to the Commissioner, pursuant to Maine Department of Education Regulation 119.

5.Certificate for a Certified Educational Technician

A.Function: A certified educational technician provides supportive educational services. There are three levels of certification for the increasing levels of responsibility for planning and supervision of students. A superintendent, headmaster or a Child Development Services director who employs an individual as an educational technician in violation of this Section shall be subject to penalties in Section 4.3 of this rule. A certificate specifies the applicable levels: 6-12 for career and technical education, pre-K-12, or birth to school age 5. Tutors shall meet the requirements of educational technicians, with the level determined by the amount of responsibility and level of supervision that is provided for the position, as specified in this section.

(1)Educational Technician I

(A)Permitted Responsibilities

i. Review and reinforce learning previously introduced by the classroom teacher or appropriate content specialist, or assist in drill or practice activities;

ii. Perform non-instructional, non-evaluative functions;

iii. Assist in the preparation of instructional materials; and

iv. Provide classroom management functions.

(B)Required Supervision

i. Be assigned instructional duties that are directly supervised by the classroom teacher or appropriate content specialist in the classroom; or

ii. Serve under general administrative supervision when performing non-instructional student-related duties.

(2)Educational Technician II

(A)Permitted Responsibilities

i. Perform all of the duties of an Educational Technician I; and

ii. Introduce new learning preplanned in collaboration with the classroom teacher or appropriate content specialist.

(B)Required Supervision

i. Meet with the classroom/program teacher or appropriate content specialist and receive direction on a regular basis, whenever possible on a daily basis;

ii. Perform short-term instruction in small groups under the direct supervision of the teacher or appropriate content specialist in the classroom; or

iii. Conduct one-on-one or small group instruction with indirect supervision.

(3)Educational Technician III and Emergency Educational Technician

(A)Permitted Responsibilities

i. Perform all of the duties of an Educational Technician I or II;

ii. Introduce new learning preplanned in consultation with the classroom teacher or appropriate content specialist; and

iii. Supervise small groups of students in community-based programs.

(B)Required Supervision

i. Meet with the classroom/program teacher or appropriate content area specialist and receive direction, whenever possible on a twice weekly basis; or

ii. Perform short-term instruction in small classes or in community-based programs with indirect supervision.

B.Eligibility: To be eligible an applicant must meet the following qualifications:

(1) Be of good moral character;

(2) Be at least 18 years of age;

(3) Submit an application in accordance with Section 5.1 of this rule; and

(4) Satisfactorily complete a CHRC in accordance with Section 5.2 of this rule.

(5) Specific Eligibility Requirements

(A) Educational Technician I: hold a high school diploma or GED.

(B) Educational Technician II: document a minimum of 60 credits of approved study in an educationally related field, or, for career and technical education certification, document a minimum of two years of paid applied employment within the field of assignment.

(C) Educational Technician III: document a minimum of 90 credits of approved study in an educationally related field, or, for career and technical education certification, document a minimum of three years of paid applied employment within the field of assignment.

(D) Emergency Educational Technician: successfully complete a Maine program approved for targeting essential skills and knowledge for performing permitted responsibilities.

C.Term: The educational technician certificate issued to an applicant shall be valid as of the date the application is determined by the Department to be complete and shall expire five (5) years from the date the complete application is received by the Department.

D.Renewal: A certified educational technician certificate is renewable for a five-year term.

(1) To renew the certificate, an applicant shall meet the requirements of Sections 5.1 of this rule, and either:

(A) Complete three (3) semester hours of approved study or in-service training designed to improve the performance of the certified educational technician in the field during the term of the certificate and obtain verification from the SAU that the certificate be renewed; or

(B) If not employed by a SAU, provide documentation of the successful completion of three (3) semester hours of approved study or in-service training designed to improve the performance of the certified educational technician during the term of the certificate.

(2) The required three (3) semester hours may not have been used previously to renew the same certificate and must be earned within the five years prior to the renewal.

(3) If a holder is employed by a SAU, the renewal must be processed through the SAU.

(4) An applicant for certification who does not receive positive verification from the SAU may appeal to the Commissioner, pursuant to Maine Department of Education Regulation 119.

6.Conditional Certificate

A.Function: A conditional certificate is a certificate for a teacher, educational specialist, or administrator who has not met all the requirements for a professional certificate, but can reasonably be expected to meet all requirements of a certificate within three years.

B.Eligibility: An applicant with the qualifications specified in Section 5.1 and 6.1 and who meets the conditional requirements for an endorsement in Part II may obtain a conditional certificate with one or more endorsements that specify the area for which the certificate is issued by one of the following methods:

(1) A teacher who holds a professional certificate with one or more endorsements and is transitioning to another endorsement, is eligible for a conditional certificate subject to the following:

(A) A holder of a professional certificate with career and technical and/or adult education endorsements shall not be eligible, unless they also hold another birth to age 5, pre-K-3, K-6, 5-8, 6-12 or pre-K-12 endorsement;

(B) Holders must have completed a minimum of nine (9) semester hours of the liberal arts or content areas relevant to the certificate or endorsement or must be able to provide evidence of comparable knowledge and expertise gained through work or experience; and

(C)Upon receipt of an application including all supporting documentation, the Commissioner shall notify the applicant of the coursework and other requirements necessary for the applicant to meet the standards of the endorsement listed in Part II of this rule.

(2) The Commissioner shall annually designate shortage areas for the State. An applicant seeking to serve as teacher or educational specialist with an endorsement to work in a designated shortage area is eligible subject to the following. The applicant must:

(A) Hold at least a bachelor's degree from an accredited college or university;

(B) Meet the general eligibility requirements of Sections 5.1 and 6.1 of this rule; and

(C) Have completed a minimum of nine (9) semester hours that meet the requirements of the certificate or endorsement.

(3) Additional conditional certificates based on a shortage may be issued if the applicant meets the following:

(A) Remains ineligible for a conditional or a professional certificate;

(B) Documents to the Department that English is not their first language; and

(C) Annually documents they are being tutored in reading, writing, or math, whichever is appropriate.

7.Emergency Teacher Certificate

A.Function: An emergency teacher certificate is a certificate for a teacher that is used to fill a staffing shortage identified by the Commissioner. This certificate can only be issued in a manner that ensures that the holder does not supplant an otherwise qualified and available teacher.

B.Eligibility: An applicant for an emergency certificate shall satisfactorily complete a CHRC in accordance with Section 5.2 of this rule, and meet one of the following requirements:

(1) Hold a 4-year post-secondary degree or the equivalent in work or academic experience;

(2) Is enrolled in an approved educator preparation program; or

(3) Holds a certification as an Educational Technician III.

C. A teacher holding an emergency certificate shall participate in a mentoring program provided by the Department or a school administrative unit.

D.Term: An emergency teacher certificate is issued for one year, and no more than three emergency teacher certificates may be issued per applicant.

8.Clearance

A.Function: All individuals paid to work in a school in positions that do not require certification must be issued a clearance by the Department. All individuals paid to work in a Child Development Services site in positions that do not require certification must be issued a clearance by the Department. One clearance enables the holder to work in any appropriate position.

B. Eligibility: Individuals issued a clearance by the Department shall meet the following general eligibility requirements:

(1) Be of good moral character;

(2) Be at least 18 years of age; and

(3) Satisfactorily complete a CHRC in accordance with Section 5.2 of this rule.

C. An individual who is currently certified in Maine and is employed in a position that requires only a clearance need not apply for an additional clearance.

D.Term: The clearance issued to an applicant shall be valid as of the date the fingerprints were taken and shall expire five (5) years from the date the complete application is received by the Department.

E.Renewal: A clearance is renewable for a five-year term. To renew a clearance, the holder must submit a renewal application in accordance with Section 5.1 of this rule and meet the requirements of Section 5.2 of this rule, including documentation of continuity of service.

(1) Fingerprinting may be repeated if there is an interruption in service or if the clearance lapses before a complete renewal application is received by the Department even if there is continuous employment.

9.Other Teaching Assignments

A.International Teacher

(1)Function: A teacher from a country other than the United States who is participating in a visiting teacher program established and administered by the Department, a locally established sister-school exchange, or a locally established language immersion program may teach in a school in Maine. The teacher may be authorized to act as an adjunct to existing staff and may not be used to avoid the hiring of professional, certified teachers.

(2)Eligibility: All International Teachers must hold a clearance in accordance with Section 6.8 of this rule.

B.Alternative Education Teacher

(1)Function: A certified teacher who is teaching in a locally established alternative education program.

(2)Eligibility: A teacher in an alternative education program must hold at least one teacher certificate.

10.Long Term Substitute Personnel

A.Function: Substitute personnel holding a certification may serve on a long-term basis (greater than six consecutive weeks) in schools to fill vacancies caused by the absence, resignation, inability to employ, or termination of a certified or cleared employee.

B. A superintendent or headmaster who employs a substitute in violation of this Section shall be subject to the penalties of Section 4.3 of this rule.

C.Substitute Teachers and Educational Specialists: A certified teacher or educational specialist may serve as a substitute with no time limit, provided that the teaching certificate bears an endorsement for the grade and subject being taught, or the educational specialist certificate is appropriate to the employment. A SAU may request a waiver from the Commissioner if finding candidates that meet the eligibility criteria is difficult.

D. Substitute standards for less than 6 weeks are determined by the SAU and require that the substitute have minimally a high school diploma.

11.Certification Waiver

A.Waiver for Teachers, Educational Specialists, and Administrators

(1) The Commissioner may grant a waiver of certification to a teacher, educational specialist, or an administrator when:

(A) The position is essential to implementation of Maine's system of Learning Results; or

(B) The inability of the school unit to obtain a properly certified individual for the position was unforeseeable; or

(C) In order to be in compliance with state or federal laws.

(2) A waiver shall be issued only for the minimum length of time the Commissioner deems necessary for the school to hire a properly certified individual and on such other terms as the Commissioner deems necessary to assure quality instruction for students. Individuals serving under a waiver of certification must be in compliance with Section 4.1 of this rule.

(3) Employment of an individual without the appropriate certification, except in strict accordance with the terms of this Section, shall be a violation of Section 4.2.B of this rule.

(4) A waiver shall be granted to an applicant who receives inaccurate, incomplete or untimely information or action from the Department, a SAU or a local/regional consortium. The waiver must be for a reasonable period to permit the applicant time to complete certification requirements.

(5) A waiver cannot be granted to an individual who is seeking an endorsement in special education.

B.Course Waivers and Exceptions

(1) The course requirement for teaching students with an exceptionality in the regular classroom may be documented through completion of an approved course, in-service, or C.E.U.s.

(2) For initial certification, a maximum of six (6) semester hours of course requirements may be met through documenting, to the satisfaction of the Commissioner, that the applicant has taught the course at a post-secondary college or university for at least two semesters.

(3) Course requirements may be met through demonstration of content knowledge using summative exams such as the College Level Examination Program (CLEP) Exam(s) with a minimum score of 50 on subject examinations for courses not already taken, or using portfolio evidence documenting equivalent knowledge/competencies.

(4) Student teaching may be waived upon documentation of one school year of successful teaching in Maine in the endorsement area, as long as the Commissioner has granted a waiver or the teacher has a conditional certificate to teach prior to the end of the school year.

05-071 C.M.R. ch. 115, § I-6