Resolve, Regarding Legislative Review of Portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 121, LD 1530
Committee Amendment CA_A_H453 (House)

COMMITTEE AMENDMENT "/}" to H.P. 1122, L.D. 1530, "Resolve, 
Regarding 
Legislative 
Review 
of 
Portions 
of 
Chapter 
115: 
Certification, Authorization and Approval of Education Personnel, 
a Major Substantive Rule of the Department of Education" 
Amend the resolve by striking out all of section 1 
and 
inserting in its place the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Portions 
of Chapter 115: 
Certification, Authorization and Approval of 
Education Personnel, 
a provisionally adopted major substantive 
rule of the Department of Education that has been submitted to 
the 
Legislature 
for 
review 
pursuant 
to 
the 
Maine 
Revised 
Statutes, Title 5, chapter 375, 
subchapter 2-A, is authorized 
only for the part of the rule specified as "Part I, Section 8, 
Administrator 
Certificates" 
and 
for 
the 
part 
of 
the 
rule 
specified as "Part II, Section 4, 
Administrator Certificates" 
only if the rules proposed for Part II, Section 4 are amended as 
follows. 
1. 
The rule must be amended in the part designated "Part 
II, 
Section 4, 
subsection 4.1, 
paragraph B, 
subparagraph 1, 
division 
(g) 
to 
clarify 
that 
the 
requirements 
for 
either 
eligibility 
pathway 
for 
a 
superintendent's 
certificate 
must 
include the completion of an approved internship or practicum 
based 
on 
the 
Interstate 
School 
Leaders 
Licensure 
Consortium 
standards. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "If to H.P. 1122, L.D. 1530 
2. 
The rule must be amended in the 
II, Section 4, subsection 4.1, paragraph 
clarify that the eligibility pathway for 
meets 
the 
Interstate 
School 
Leaders 
standards must include a reference to the 
for a superintendent's certificate. 
part designated "Part 
B, subparagraph 2" to 
a superintendent that 
Licensure 
Consortium 
Maine-approved program 
3. 
The rule must be amended in the part designated "Part 
II, 
Section 4, 
subsection 4.3, 
paragraph B, 
subparagraph 1, 
division 
(e) 
to clarify that the eligibility pathway for 
a 
special education administrator must include the satisfactory 
completion of an approved internship or practicum that is based 
on the Interstate School Leaders Licensure Consortium standards. 
4. 
The rule must be amended in the part designated "Part 
II, 
Section 4, 
subsection 4.5, 
paragraph B, 
subparagraph 1, 
division (f) 
to clarify that the eligibility pathway for 
a 
building administrator must include the satisfactory completion 
of an approved internship or practicum that is based on the 
Interstate School Leaders Licensure Consortium standards and also 
relates to the duties of a principal or career and technical 
education administrator. 
5. 
The rule must be amended in the part designated "Part 
II, Section 4, subsection 4.10, paragraph B to clarify that the 
eligibility pathway for a curriculum coordinator must include the 
satisfactory completion of an approved internship or practicum 
that 
is 
based 
on 
the 
Interstate 
School 
Leaders 
Licensure 
Consortium standards; and be it further 
Sec. 2. Finding; filing of revised rule. Resolved: 
That the Joint 
Standing 
Committee 
on 
Education 
and 
Cultural 
Affairs 
has 
determined that the provisionally adopted major substantive rule 
may require significant 
rev~s~ons by the Maine Department of 
Education following the pending decision of the United States 
Department 
of 
Education 
regarding 
the 
Consolidated 
State 
Application for State Grants under Title IX, Part C, Section 9302 
of the federal Elementary and Secondary Education Act, Public Law 
107-110. 
The Joint Standing Committee on Education and Cultural 
Affairs has determined that the Department of Education and the 
State Board of Education should review the remaining portions of 
the provisionally adopted major substantive rule that were not 
finally adopted, including but not limited to those portions of 
the 
rule 
pertaining 
to 
certification 
of 
teachers 
and 
authorization of educational _technicians, 
and 
should file 
a 
revised rule in accordance with the requirements for state agency 
rule-making procedures for a major substantive rule pursuant to 
the Maine Revised Statutes, Title 5, 
chapter 375, 
subchapter 
2-A. 
In proceeding with the filing of the revised rule for the 
remaining portions of Chapter 115: 
Certification, Authorization 
and Approval of Education Personnel, the Department of Education 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT II!}' to H.P. 1122, L.D. 1530 
shall also consider the concerns raised by interested parties 
during public hearings and work sessions on this rule conducted 
by the Joint Standing Committee on Education and Cultural Affairs 
related to other portions of the provisionally adopted major 
substantive rule that are not necessarily subject to the educator 
quality requirements of the federal 
Elementary and Secondary 
Education Act as amended by the No Child Left Behind Act of 2001.' 
SUMMARY 
This amendment provides that only specific portions of the 
provisionally adopted major substantive rule submitted by the 
Department of Education are authorized and also provides that the 
remainder of the provisionally adopted major substantive rule may 
not be adopted, but rather must be reviewed and resubmitted by 
the 
Department 
of 
Education. 
The 
amendment 
authorizes 
the 
adoption 
of 
the 
proposed 
prov1s1ons 
to 
the 
Administrator 
Certificates section of the rule only if certain portions of this 
section of the rule are amended to include references to the 
Interstate School Leaders Licensure Consortium standards as part 
of the alternative pathways to certain administrator certificates. 
The amendment requires that, pending the decision of the 
United States Department of Education on the Maine Department of 
Education's Consolidated State Application for State Grants under 
Title IX, Part C, 
Section 9302 of the federal Elementary and 
Secondary Education Act, Public Law 107-110, the Department of 
Education shall review and file a revised provisionally adopted 
major substantive rule. 
The amendment further requires that the 
Department of Education shall also consider the concerns raised 
by interested parties during public hearings and work sessions on 
this rule conducted by the Joint Standing Committee on Education 
and 
Cultural 
Affairs 
related 
to 
other 
portions 
of 
the 
provisionally 
adopted 
major 
substantive 
rule 
that 
are 
not 
necessarily subject to the educator quality requirements of the 
federal Elementary and Secondary Education Act as amended by the 
No Child Left Behind Act of 2001. 
FISCAL \()TF HEQtlRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/16/03 ;t;?,a-e 
Office of Fiscal and Program Review 
LD 1530 
Resolve, Regarding Legislative Review of Portions of Chapter 115: 
Certification, Authorization and Approval of Education Personnel, a 
Major Substantive Rule of the Department of Education 
LR2076(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2076(2) - Fiscal Note - Page 1 of 1