05-071-115 Me. Code R. § I-4

Current through 2024-51, December 18, 2024
Section 071-115-I-4 - General Credential Requirements
1.Individuals required to obtain a credential
A. An individual who serves in a position that is required to hold an appropriate credential for the assignment must hold that credential on or before the first day of service, throughout the period of service, seek timely renewal of the credential, and meet the standards for that credential.
B. Individuals employed without the appropriate credential will be subject to the penalties Section 4.3.
2.SAU or Approved Private School
A. It is the responsibility of the superintendent of a SAU, the headmaster of an approved private school, or the Child Development Services regional site director to:
(1) Ensure that every individual serving in a position that requires a credential has an appropriate credential on the first day of service and that an appropriate credential is maintained throughout the period of service. Any employment contract offered to or made shall be contingent upon that individual's timely receipt of the appropriate credential and the maintenance of an appropriate credential throughout the contract term.
(2) Determine the credentialing status of each person employed in a SAU, approved private school or a Child Development Services regional site or who serves the school or a Child Development Services site as a contracted service provider.
(3) Verify annually, through the Maine Educational Information System, the credentials of every individual serving in a position that requires a credential.
(4) Provide support for teachers with conditional certificates in accordance with Maine Department of Education Regulation 180 Section 11.
(5) Ensure verification of renewal requirements is sent to the Commissioner in regard to the eligibility for renewal of a professional teacher certificate, educational specialist certificate, or a certified educational technician certificate of an applicant who is employed by the SAU. This requirement only applies to a SAU. The verification shall be one of the following:
(A) Verification that the applicant has satisfied the requirements for renewal of the certificate.
(B) Recommendation that the professional certificate is not renewed means the SAU has determined that the candidate has not satisfied the requirements for renewal of the certificate.
(6) Establish and maintain a local credentialing committee pursuant to Section 9.
B.Prohibition against Employment and Contracting
(1) A superintendent, headmaster, or Child Development Services regional site director who employs an individual without a credential in violation of this Section shall be subject to penalties in Section 4.3.
3.Penalties
A. Loss of State Funding: Pursuant to 20-A M.R.S. §6801-A, the Commissioner may, after due notice and opportunity for hearing, reduce the State subsidy to any public school or the direct payment to a private school approved for tuition purposes that violates Section 4.2.B of this rule in the amount that represents that State's share of salaries and benefits paid to any individual employed or under contract in violation of Section 4.3 of this rule.
B. Loss of Basic Private School Approval: Violation of Section 4.2.B above of this rule by a private school may lead to loss of approval status pursuant to 20-A M.R.S. §§2904 and 2905.
C. Loss of Salary and Benefits: Individuals employed in violation of Section 4.1 of this rule are barred from receiving any salary and fringe benefits for performing any professional function in a public school and shall forfeit to the employing school administrative unit any salary and fringe benefits received in violation of this Section.
D. Loss of Contract Payment: Contracted service providers who employ individuals in violation of Section 4.1 of this rule are barred from receiving contractual payments.
E. CertificationAction: Employment of, or entering into a contractual relationship with, individuals in violation of Section 4.1 of this rule, or assignment of such personnel to duties for which they do not possess the appropriate credential, shall be grounds for suspension, revocation, or non-renewal of the superintendent's certificate.

05-071 C.M.R. ch. 115, § I-4