Adopted: MSBA/MASA Model Policy 424
Revised: Rev. 2023
424 LICENSE STATUS
I. PURPOSE
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 teacher’s 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 district’s 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 teacher’s license is current and appropriate to the
particular service for which the teacher is employed by the school district.
D. The school district must annually report to the Professional Educator
Licensing and Standards Board: (1) all new teacher hires and terminations,
including layoffs, by race and ethnicity; and (2) the reasons for all teacher
resignations and requested leaves of absence. The report must not include data
that would personally identify individuals.
III. PROCEDURE
A. The superintendent or the superintendent’s designee shall
establish a schedule for the annual review of teacher licenses.
B. Where it is discovered that a teacher’s license will expire
within one year from the date of the annual review, the superintendent or the
superintendent’s 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 teacher’s 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
teacher’s 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 superintendent’s
failure to discover a lapsed license or license that does not support the
teaching assignment. A teacher’s
failure to comply with this policy may be grounds for the teacher’s immediate
discharge from employment.
Legal References: Minn. Stat. § 122A.16 (Qualified
Teacher Defined)
Minn. Stat. § 122A.22 (District Verification of Teacher
Licenses)
Minn. Stat. § 122A.40(Employment; Contracts; Termination –
Immediate Discharge)
Minn. Stat. § 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)
Cross References: None