An Act To Address the Inequities of the Probationary Teacher Laws
Maine Legislature, Session 123, LD 1367
Committee: Education and Cultural Affairs
Sponsors: MAKAS, SULLIVAN, BEAULIEU, CUMMINGS, HARLOW, MUSE, NORTON, SUTHERLAND, WAGNER
Amends: 20-A MRSA §13201

Legislative Document 
No. 1367 
H.P.959 
House of Representatives, March 13,2007 
An Act To Address the Inequities of the Probationary Teacher Laws 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
Presented by Representative MAKAS of Lewiston. 
Cosponsored by Senator SULLIVAN of York and 
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/J?7lbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, Speaker CUMMINGS of Portland, HARLOW of 
Portland, MUSE of Fryeburg, NORTON of Bangor, SUTHERLAND of Chapman, WAGNER 
of Lewiston, W ALCOTf of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 20-A MRSA §13201, as amended by PL 1989, c. 285, is further amended 
to read: 
§13201. Nomination and election of teachers; teacher contracts 
The superintendent shall nominate all teachers, subject to such regulations governing 
salaries and the qualifications of teachers as the school board shall make and an 
evaluation process developed jointly by the school board with the bargaining agent. 
Upon the approval of nominations, by the school board, the superintendent may employ 
teachers so nominated and approved for such terms as the superintendent may deem 
determines proper, subject to the approval of the school board. Prior to May 15th before 
the expiration of a first or 2nd year probationary teacher's contract, the superintendent 
shall notify the teacher in writing of the superintendent's decision to nominate or not 
nominate that teacher for another teaching contract. If, after receiving a complaint from a 
teacher, the commissioner finds that the superintendent has failed to notify a teacher of a 
decision not to nominate that teacher, the school administrative unit shal1 pay a forfeiture 
to the teacher. The amount of that forfeiture skall must be equal to the teacher's per diem 
salary rate times the number of days between the notification deadline and the date on 
which notification is made or on which the complaint is filed, whichever occurs first. ffi 
sase If the superintendent of schools and the school board fail to legal1y elect a teacher, 
the commissioner SHall Have has the authority to appoint a substitute teacher ,.",HO SHall to 
serve until such election is made. 
After a probationary period not to exceed 2 years, ~ subsequent contracts contract of ~ 
duly certified teaCHers SHall teacher may not be for Ret less than 2 years. Unless a duly 
certified teacher receives written notice to the contrary at least 6 months before the 
terminal date of the contract, the contract skall must be extended automatical1y for one 
year and similarly in subsequent years. The right to an extension for a longer period of 
time through a new contract is specifically reserved to the contracting parties. 
The nonrenewal of a teacher's contract must be based on just cause and documented 
in a written notice to the teacher. Just cause for dismissal or nonrenewal shall be ~ a 
negotiable item in accordance with the procedure set forth in Title 26, chapter 9-A, for 
teachers who have served beyond the probationary period. A school board may override 
a nonrenewal decision by a superintendent. 
After a probationary period of 2 years, any A teacher, who receives notice in 
accordance with this section that his or Her the teacher's contract is not going to be 
renewed, may during the 15 days following stteft notification request a hearing with the 
school board. The teacher may request reasons. The hearing skall must be private except 
by mutual consent and except that either or botH parties Pill:!Y may be represented by 
counsel. That hearing must be granted within 30 days of the receipt of the teacher's 
request. 
The right to terminate a contract, after due notice of 90 days, is reserved to the school 
board when changes in local conditions warrant the elimination of the teaching position 
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for which the contract was made. The order of layoff and recall shall be ~ a negotiable 
item in accordance with the procedures set forth in Title 26, chapter 9-A, provided except 
that in any negotiated agreement, the criteria negotiated by the school board and the 
bargaining agent to establish the order of layoff and recall may include, but sfl.a.l.l may not 
be limited to, seniority. 
For purposes of this section, "bargaining agent" has the same meaning as defined in 
Title 26, section 962, subsection 2. 
SUMMARY 
This bill amends the laws pertaining to probationary teachers by: 
I. Requiring an evaluation process jointly developed between the school board and 
I I 
the collective bargaining agent to be used in the nomination of a teacher; 
2. Requiring a right to hearing if a contract is not renewed; 
3. Requiring a decision not to renew a teacher's contract to be based upon just cause 
detai led in a written notice to the teacher; and 
4. 
Allowing a school board to override a nonrenewal decision made by a 
superintendent. 
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