603 CMR, § 7.15

Current through Register 1533, October 25, 2024

Section 7.15 - General Provisions

(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.

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.

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.

(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.