424-License Status

 

Rationale

Date Approved/Revised

The care, management, and control of the schools is vested by statutory and constitutional authority in the school board.  The school board shall carry out the mission of the school district with diligence, prudence, and dedication to the ideals of providing the finest public education.  The purpose of this policy is to define the authority, duties, and powers of the school board in carrying out its mission.

8/22/23

1)  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.

2)  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.

Rationale:  The care, management, and control of the schools is vested by statutory and constitutional authority in the school board.  The school board shall carry out the mission of the school district with diligence, prudence, and dedication to the ideals of providing the finest public education.  The purpose of this policy is to define the authority, duties, and powers of the school board in carrying out its mission. 

Adoption and Revision History	Incorporated Policies
424 License Status (This policy adopted:  August 22, 2023)	MSBA 424

 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: