Adopted:††††††††††††††††††††††††††††† †††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† MSBA/MASA Model Policy 424
Revised:†††††† 2018††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Rev. 2003
424††††† LICENSE STATUS
The purpose of this policy is to ensure that qualified teachers are employed by the school district and to fulfill its duty to ascertain the licensure status of its teachers.† A school board that employs a teacher who does not hold a valid teaching license or permit places itself at risk for a reduction in state aid.† This policy does not negate a teacherís duty and responsibility to maintain a current and valid teaching license.
II.††††††† GENERAL STATEMENT OF POLICY
A.††††††† A qualified teacher is one holding a valid license to perform the particular service for which the teacher is employed by the school district.
B.††††††† No person shall be a qualified teacher until the school district verifies, through the Minnesota education licensing system available on the Minnesota Professional Educator Licensing and Standards Board website, that the person is a qualified teacher consistent with state law.
C.††††††† The school district has a duty to ascertain the licensure status of its teachers and ensure that the school districtís teacher license files are up to date.† The school district shall establish a procedure for annually reviewing its teacher license files to verify that every teacherís license is current and appropriate to the particular service for which the teacher is employed by the school district.†
A.††††††† The superintendent or the superintendentís designee shall establish a schedule for the annual review of teacher licenses.†
B.††††††† Where it is discovered that a teacherís license will expire within one year from the date of the annual review, the superintendent or the superintendentís designee will advise the teacher in writing of the approaching expiration and that the teacher must complete the renewal process and file the license with the superintendent prior to the expiration of the current license.†† However, failure to provide this notice does not relieve a teacher from his/her duty and responsibility of ensuring that his/her teaching license is valid, current and appropriate to his/her teaching assignment.
C.††††††† If it is discovered that a teacherís license has expired, the superintendent will immediately investigate the circumstances surrounding the lack of license and will take appropriate action.† The teacher shall be advised that the teacherís failure to have the license reinstated will constitute gross insubordination, inefficiency and willful neglect of duty which are grounds for immediate discharge from employment.
D.††††††† The duty and responsibility of maintaining a current and valid teaching license appropriate to the teaching assignment as required by this policy shall remain with the teacher, notwithstanding the superintendentís failure to discover a lapsed license or license that does not support the teaching assignment.†† A teacherís failure to comply with this policy may be grounds for the teacherís immediate discharge from employment.
Legal References:†††††† Minn. Stat. ß 122A.16 (Qualified Teacher Defined)
Minn. Stat. ß 122A.22 (District Verification of Teacher Licenses)
Minn. Stat. ß 122A.40, Subd. 13 (Employment; Contracts; Termination Ė Immediate Discharge)
Minn. Stat. ß 127A.42 (Reduction of Aid for Violation of Law)
Vettleson v. Special Sch. Dist. No. 1, 361 N.W.2d 425 (Minn. App. 1985)
Lucio v. School Bd. of Independent Sch. Dist. No. 625, 574 N.W.2d 737 (Minn. App. 1998)
In the Matter of the Proposed Discharge of John R. Statz (Christine D. VerPloeg), June 8, 1992, affirmed, 1993 WL 129639 (Minn. App. 1993)