An Act To Assist Maine Educators in Meeting the Quality Requirements of the Federal Elementary and Secondary Education Act of 1965
Maine Legislature, Session 121, LD 1365
Committee: Education and Cultural Affairs
Sponsors: McKEE, LafOUNTAIN, CARR, HONEY, MURPHY, NORTON, SULLIVAN, BRENNAN, BRY ANT

Legislative Document 
No. 1365 
H.P.1000 
House of Representatives, March 18,2003 
An Act To Assist Maine Educators in Meeting the Quality 
Requirements of the Federal Elementary and Secondary Education 
Act of 1965 
(EMERGENCY) 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative McKEE of Wayne. 
Cosponsored by Senator LafOUNTAIN of York and 
17/~ 
/J7·11Iac~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CARR of Lincoln, HONEY of Boothbay, MURPHY of Kennebunk, 
NORTON of Bangor, SULLIVAN of Biddeford, Senators: BRENNAN of Cumberland, 
BRY ANT of Oxford. 
Printed on recycled Jr.1per 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the federal Elementary and Secondary Education Act 
of 1965, 20 United States Code, Chapter 70, Subchapter II, Part 
A, as amended by the federal No Child Left Behind Act of 2001, 
has established high standards and requirements for professional 
and paraprofessional educators in the State; and 
Whereas, this legislation must be enacted as an emergency 
measure in order for the Department of Education to establish a 
program 
of 
state 
support 
and 
technical 
assistance 
for 
professional 
and paraprofessional 
educators 
in 
the 
State 
to 
assist them in meeting the educator quality requirements of the 
federal Elementary and Secondary Education Act of 1965, 20 United 
States Code, Chapter 70, Subchapter II, Part A, as amended by the 
federal No Child Left Behind Act of 2001; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the publ ic peace, heal th and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 20-A MRS A, c. 502-B is enacted to read: 
CHAPTER 502-B 
STATE supPORT TO MEET FEDERAL 
EDUCA'l'OR OUALITY REOUIREMENTS 
§13101. 
Genera1 provisions. 
1. 
Program established. 
The department shall establish a 
program of state support and technical assistance through its 
certification and licensing of professional and paraprofessional 
educators in the State under chapter 502 to assist educational 
personnel in meeting the educator guality reguirements of the 
federal Elementary and Secondary Education Act of 1965, 20 United 
States Code, Chapter 70, Subchapter II, Part A, as amended by the 
federal No Child Left Behind Act of 2001. 
2. 
Definition of educational personnel. 
As used in this 
chapter, 
unless the context otherwise indicates, 
"educational 
personnel" means professional and paraprofessional educators who 
are subject to the licensing reguirements of chapter 502 and who 
are also subject to the educator guality reguirements of the 
Page l-LR1569(1) 
federal Elementary and Secondary Education Act of 1965, 20 United 
States Code, Chapter 70, Subchapter II, Part A, as amended by the 
federal No Child Left Behind Act of 2001. 
3. 
Demonstrating content area proficiency: assistance. 
The 
department shall assist educational personnel by providing the 
following 
options 
for 
demonstrating content 
area proficiency 
through certification and licensing of each candidate for 
a 
teacher certificate or educational technician authorization under 
chapter 502. 
A. 
Candidates 
for 
initial or 
renewed certification of 
addi tional endorsement may elect to present credentials in 
the 
endorsement 
content 
area 
by 
one 
of 
the 
following 
routes. 
Each route must be available to each candidate 
every time the candidate makes an application: 
(1) 
Completion of a major or the equivalent in the 
subject area taught; 
(2) Completion of a graduate degree in the subject area 
taught; 
(3) Attainment of certification from the National Board 
for Professional Teaching Standards, or its successor 
organization, in the subject area taught; or 
(4) Attainment of a passing score on a rigorous and 
carefully 
validated 
assessment 
examination 
in 
the 
subject area taught, 
with the passing score 
to be 
established and reviewed annually by the state board 
for its impact on teacher supply and demand and student 
achievement. 
B. 
Candidates for initial or renewed educational technician 
authorization may elect to present credentials by one of the 
following routes. 
Each route must be available to each 
candidate every time the candidate makes an aeelication: 
(1) Completion of a 2-year degree program in a related 
subject area: 
(2) Completion of 2 years of college or the equivalent 
in semester hours; 
(3) Completion of the equivalent of 2 years of college 
in in-service professional development hours; 
(4) 
Any 
combination of 
college 
semester 
hours 
and 
in-service study that is equivalent to 
years of 
postsecondary study; 
(5) Completion of an apprenticeship program approved by 
the 
commissioner 
plus 
any 
combination 
of 
college 
semester hours and in-service study that is equivalent 
to 2 years of postsecondary study; or 
(6) 
Attainment 
of 
a 
passing 
score 
on 
an 
academic 
assessment 
designed 
to 
test 
knowledge 
of 
and 
the 
ability to 
assist 
in 
the 
instruction 
of 
reading, 
writing and mathematics with the passing score to be 
established and reviewed annually by the state board 
for its impact on educational technician supply and 
demand and student achievement. 
4. 
Professional development and training. 
The department 
shall provide technical assistance and support for professional 
development 
and training to each school administrative unit, 
including at a minimum all local support system chairs pursuant 
to 
section 
13015, 
to 
meet 
the 
quality 
requirements 
for 
educational personnel contained in the federal Elementary and 
Secondary Education Act of 1965, 20 United States Code, Chapter 
70, Subchapter II, Part A, 
as amended by the federal No Child 
Left Behind Act of 2001, and the department shall inform each 
school 
administrative 
unit 
of 
the 
options 
available 
to 
educational personnel under subsection 3. 
5. 
Rules. 
The department and the state board shall amend 
or adopt rules to implement the provisions of this chapter. 
Rules adopted under this subsection must preserve the freedom of 
educational personnel in the State to select from 
among the 
options provided under federal law. 
Rules adopted pursuant to 
this section are routine technical rules as defined in Ti tle~ 
chapter 375, subchapter 2-A. 
Sec. 2. 
Notification of educator quality requirements. 
The 
Department of Education shall notify by mail, on or before May 1, 
2003, every person who is certified to teach in this State or who 
is authorized to be employed as an educational technician in this 
State 
of 
the 
educator 
quality 
requirements 
of 
the 
federal 
Elementary and Secondary Education Act of 1965, as amended, and 
of the deadlines for complying with these new requirements. 
Sec. 3. Advisory committee on educator quality. 
The Department 
of Education shall convene, 
not later than June 1, 
2003, 
an 
advisory committee to identify the needs of Maine educators and 
Maine schools as a result of the educator quality requirements 
imposed 
• 
on 
educators 
and 
schools 
by 
the 
Elementary 
and 
Secondary 
Education Act of 1965, as amended, and to recommend actions by 
the 
Department 
of 
Education 
and 
the 
Legislature 
to 
assist 
educators and schools to meet those needs. 
A majority of the 
advisory committee must be practicing classroom teachers 
and 
practicing educational technicians. 
The Department of Education shall invite the Maine Education 
Association and the Maine Federation of Teachers 
to appoint 
teachers and educational technicians for service on this advisory 
committee, 
and 
those 
organizations 
must 
be 
represented 
in 
proportion to the number of members in each organization in the 
public schools in the State. 
The Department of Education shall 
invite other education stakeholder 
organizations 
to 
nominate 
additional members for service on this advisory committee. 
The 
Commissioner 
of Education may 
appoint individuals 
from 
among 
those nominated by education stakeholder organizations to serve 
on the advisory committee but may appoint only a minority of 
members. 
The advisory committee shall present a report on its 
findings and recommendations to the Joint Standing Committee on 
Education and Cultural Affairs no later than December 15,2003. 
Sec. 4. Database of accredited programs available to assist educators 
with meeting educator quality requirements. 
The 
Department 
of 
Education shall assist educators and local school systems covered 
by the educator quality requirements of the federal Elementary 
and Secondary Education Act of 1965, as amended, by compiling and 
publishing on its publicly accessible site on the Internet a 
database 
of 
programs 
accredited 
or 
recommended 
to 
assist 
educators in meeting the educator quality requirements. 
The site 
must 
also 
provide 
information 
about 
professional 
development 
funding, 
grants 
and 
other 
resources 
available 
to assist 
in 
meeting the requirements. 
Emergency clause. 
In view of the emergency cited 
~n the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill requires the Department of Education to provide 
Maine educators with a range of options for demonstrating their 
proficiency 
and 
to 
assist 
Maine 
educators 
in 
meeting 
the 
requirements of the federal Elementary and Secondary Education 
Act of 1965, as amended by the federal No Child Left Behind Act 
of 2001. 
The bill requires the Department of Education to adopt or 
amend 
rules for the program of technical assistance. 
The bill requires the Department of Education to notify by 
mail, by May 1, 2003, every person who is certified to teach or 
authorized to be employed as an educational technician in this 
State of the new requirements of and the deadlines for complying 
with the federal Elementary and Secondary Education Act 1965. 
The bill requires the Department of Education to convene, 
not later than June 1, 2003, an advisory committee, the majority 
of 
members 
of 
which 
are 
practicing 
classroom 
teachers 
and 
practicing educational technicians, to identify the needs imposed 
on Maine educators and Maine schools by the federal Elementary 
and Secondary Education Act of 1965's educator quality provisions 
and to recommend actions by the Department of Education and the 
Legislature to assist educators in meeting those needs. 
The 
advisory committee shall present a report on its findings and 
recommendations to the Joint Standing Committee on Education and 
Cultural Affairs no later than December 15, 2003. 
The bill requires the Department of Education to compile and 
publish on its website 
a 
database of programs accredited or 
recommended to assist educators in meeting the teacher quality 
requirements of the federal Elementary and Secondary Education 
Act of 1965 and other information about professional development 
funding, grants and other resources available to assist them in 
meeting these requirements.