1. Legal employment

A.   To be eligible for employment by the Marlborough Public Schools, a person must have been granted by the Commissioner a certificate appropriate for the role or be serving under an exemption from the provisions of MGL c. 71, 28G, or MGL c. 71A for the role. The certificate must be valid and updated as required. However, a person may be employed for a maximum of 20% of their time in a role and/or at a level for which they does not hold a license/certificate unless the Department of Elementary and Secondary Education increases the teaching “out of field” time for positions under an emergency regulation.

B.    The Superintendent may upon request be exempt by the Commissioner for any one school year from the requirement to employ licensed/certified personnel when compliance would be in the opinion of the Commissioner constitute a great hardship in securing teachers for the district.

C.   During the time such a waiver is in effect, service of an employee to whom the waiver applies shall not be counted as service in acquiring professional teacher statues or other rights under MGL c. 71, 41.

 2. District requirements

A. All staff members, serving in a district role for which the Department of Education has no exact license/certificate, must hold a valid license/certificate for a position most closely aligned with the job responsibilities outlined in their job description. For example, for positions recognized in the administrator’s collective bargaining agreement, such staff members must hold a valid administrative license/certificate most closely aligned to that position. For further example, for positions such as those held by full-time coordinators, e.g. Special Education, ESL such staff members must hold a valid license/certificate for a position most closely aligned with the job responsibilities specified in the job description.

B. All teachers assigned to the high school, grades 9-12, must hold a valid license/certificate for the subject area to which they are assigned.

C. In the event that there is a shortage of licensed/certified staff, the Superintendent will initiate the waiver process as allowed by MGL c. 71, 38G. A non-licensed/certified teacher shall not be assigned to a position when a suitable, properly licensed/certified and qualified teacher is available for hire or reassignment.

Legal Reference: MGL C.71, 38G & 41                                                  

MGL c. 71A 603 CMR 7.00                                                                       

Approved: 11/28/00

Approved: 11/10/20

Approved: 7/24/24