An Act To Ensure Effective Teaching and School Leadership
Maine Legislature, Session 125, LD 1858
Committee Amendment CA_A_H900 (House)
Amends: 20-A MRSA §13201, 20-A MRSA §13011

COMMITTEE AMENDMENT "A" to H.P. 1376, L.D. 1858, Bill, "An Act To 
Ensure Effective Teaching and School Leadership" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Amend the bill in Part A by striking out all of section 2 and inserting the following: 
'Sec. A-2. 20-A MRSA §13201, 5th ~, as amended by PL 2011, c. 172, §2 and 
affected by §4, is further amended to read: 
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 
for which the contract was made. The order of layoff and recall is a negotiable item in 
accordance with the procedures set forth in Title 26, chapter 9-A. In any negotiated 
agreement, the criteria negotiated by the school board and the bargaining agent to 
establish the order of layoff and recall must include the teacher's effectiveness rating 
pursuant to chapter 508 as a factor and may also include, but may not be limited to, 
seniority.' 
Amend the bill in Part A in section 3 in § 1370f by inserting at the end the following: 
'4. Professional improvement plan. "Professional improvement plan" means a 
written plan developed by a school or district administrator with input from an educator 
that outlines the steps to be taken over the coming year to improve the effectiveness of 
the educator. The plan must include but need not be limited to appropriate professional 
development opportunities. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1376, L.D. 1858 
5. Summative effectiveness rating. "Summative effectiveness rating" means the 
effectiveness rating of an educator that is assigned at the end of an evaluation period. 
Ratings or comments provided to the educator during the evaluation period for the 
purpose of providing feedback, prior to assignment of a final effectiveness rating, are not 
summative effectiveness ratings.' 
Amend the bill in Part A in section 3 in § 13702 in the indented paragraph in the last 
line (page 2, line 32 in L.D.) by inserting after the following: "pursuant to this chapter" 
the following: 'and must be approved by the department' 
Amend the bill in Part A in section 3 in §13703 by striking out all of the 2nd indented 
paragraph (page 3, lines 1 and 2 in L.D.) and inserting the following: 
'Receipt of summative effectiveness ratings indicating that a teacher is ineffective for 
consecutive years constitutes just cause for nonrenewal of a teacher's contract unless the 
ratings are the result of bad faith.' 
Amend the bill in Part A in section 3 in § 13703 in the last indented paragraph in the 
3rd line (page 3, line 5 in L.D.) by inserting after the following: "implementation of the 
system" the following: 'or the existence of bad faith in an evaluation or the assignment of 
a rating' 
Amend the bill in Part A in section 3 in § 13704 by striking out all of subsections 4 
and 5 inserting the following: 
'4. Professional development. A process for using infonnation from the evaluation 
process to infonn professional development; 
5. 
Implementation procedures. 
Implementation procedures that include the 
following: 
A. Evaluation of educators on a regular basis, perfonned by one or more trained 
evaluators. The frequency of evaluations may vary depending on the effectiveness 
level at which the educator is performing, but observations of professional practice, 
fonnative feedback and continuous improvement conversations must occur 
throughout the year for all educators; 
B. Ongoing training on implementation of the system to ensure that all educators and 
evaluators understand the system and have the knowledge and skills needed to 
participate in a meaningful way; 
C. A peer review component to the evaluation and professional growth system and 
opportunities for educators to share, learn and continually improve their practice; and 
D. Fonnation of a steering committee composed of teachers, administrators and 
other school administrative unit staff that regularly reviews and refines the 
perfonnance evaluation and professional growth system to ensure that it is aligned 
with school administrative unit goals and priorities; and 
6. Professional improvement plan. The opportunity for a educator who receives a 
summative effectiveness rating indicating ineffectiveness in any given year to implement 
a professional improvement plan.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1376, L.D. 1858 
Amend the bill in Part A in section 3 in § 13706 by striking out all of the indented 
paragraph (page 4~ lines 22 to 26 in L.D.) and inserting the following: 
'The department shall adopt rules to implement this chapter, including but not limited 
to a rule relating to the method of identifying the educator or educators whose 
effectiveness ratings are affected by the measurement of learning or growth of a 
particular student. The department shall also adopt rules pertaining to the approval of 
performance evaluation and professional growth systems pursuant to section 13702. 
Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, 
chapter 375, subchapter 2-A.' 
Amend the bill in Part A in section 4 in paragraph D in the 2nd line (page 4, line 29 
in L.D.) by inserting after the following: "have" the following: 'or be in the process of 
developing' 
Amend the bill in Part A by inserting after section 5 the following: 
'Sec. A-6. Council created. The Maine Educator Effectiveness Council, referred 
to in this section as "the council," is created to make recommendations regarding 
implementation of the Maine Revised Statutes, Title 20-A, chapter 508 to the 
Commissioner of Education and the Joint Standing Committee on Education and Cultural 
Affairs. 
1. 
Members. 
The council consists of the COlmnissioner of Education or the 
commissioner's designee and the following members, appointed by the Commissioner of 
Education: 
A. A member of the State Board of Education, nominated by the state board; 
B. Four public school teachers, at least one of whom is a special education teacher, 
appointed from a list of names provided by the Maine Education Association; 
C. A member representing educators in tribal schools in this State, appointed from a 
list of names provided by the respective tribal schools that are affiliated with Maine 
Indian Education; 
D. Two public school administrators, appointed from a list of names provided by the 
Maine Principals' Association and the Maine School Superintendents Association; 
E. Two members of school boards, appointed from a list of names provided by the 
Maine School Boards Association; 
F. One faculty member representing approved educator preparation programs; 
G. Two members of the business community; and 
H. Two members of the general public with interest and experience in the education 
field. 
The council must be cochaired by the Commissioner of Education and one other council 
member elected by the full membership of the council. The council may establish 
subcommittees and may appoint persons who are not members of the council to serve on 
the subcommittees as needed to conduct the council's work. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,It" to H.P. l376, L.D. 1858 
2. Duties. The council shall recommend standards for implementing a system of 
evaluation and support of teachers and principals consistent with the requirements of Title 
20-A, chapter 508. The council shall: 
A. Recommend a set of professional practice standards applicable to teachers and a 
set of professional practice standards applicable to principals; 
B. Recommend a 4-level rating scale with clear and distinct definitions applicable to 
teachers and principals; 
C. Recommend potential measures of student learning and growth; 
D. Recommend the major components of an evaluation process, including but not 
limited to: 
(1) Ongoing training to ensure that evaluators and teachers and principals have a 
full understanding of the evaluation system and its implementation; 
(2) 
Methods of gathering evidence for the evaluation, which may include 
observation by supervisors and peers, self-reflection, student or parent surveys, 
analysis of artifacts and evidence portfolios; 
(3) Methods of providing feedback to teachers and principals for fonnative 
evaluation purposes; 
(4) Weighting of measures used in evaluating teachers and principals, which must 
provide that student learning and growth indicators infonn a significant portion 
of the effectiveness rating; 
(5) Methods for aligning district, school and classroom goals using the evaluation 
system; and 
(6) 
Methods for linking summative effectiveness ratings to human capital 
decisions; and 
E. 
Recommend a system of supports and professional development linked to 
effectiveness ratings for teachers and principals, including a process for developing 
and implementing a professional improvement plan. 
3. Report. The Commissioner of Education shall submit a report regarding the work 
of the council to the Joint Standing Committee on Education and Cultural Affairs no later 
than November 1, 2012. 
The report must include the council's recommendations 
regarding implementation of the requirements set forth in Title 20-A, chapter 508 and 
recommendations regarding the continuing work of the council. 
4. Staff assistance. The Department of Education shall provide staff assistance to the 
council. 
The department may seek and employ grant funds to provide additional 
assistance. 
5. Council continuation. The council is authorized to continue meeting, if it so 
desires, 90 days after adjournment of the First Regular Session of 126th Legislature.' 
Amend the bill in Part B in section 1 in § 13008 in subsection 2 in the first line (page 
5, line 12 in L.D.) by striking out the following: "outcomes from" 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1376, L.D. 1858 
Amend the bill in Part B in section 1 in § 13008 in subsection 3 in the last 2 lines 
(page 5, lines 24 and 25 in L.D.) by striking out the following: "The state board shall 
take this data into consideration when reviewing educator preparation programs. " 
Amend the bill in Part B in section 2 by striking out all of subsection 6 and inserting 
the following: 
'6. Alternative pathways to certification. The state board shall develop and adopt 
rules providing a method for a person who has not completed an approved educator 
preparation program as defined under section 13008 to obtain provisional educator 
certification through an alternative pathway that: 
A. Is designed for candidates who can demonstrate subject matter competency that is 
directly related to the certificate endorsement being sought and obtained through 
prior academic achievement or work experience; 
B. May feature an accelerated program of preparation; 
C. Uses mentorship programs that partner teacher candidates with mentor teachers; 
and 
D. Includes accountability provisions to ensure that teacher candidates demonstrate 
the knowledge and skills established pursuant to section 13012, subsection 2-B prior 
to issuance of a provisional teacher certificate.' 
Amend the bill in Part B by inserting after section 2 the following: 
'Sec. B-3. 20-A MRSA §13011, sub-§10, as enacted by PL 2003, c. 445, §2, is 
amended to read: 
10. Conditional certificate; transitional endorsement; exception. A conditional 
certificate is a certificate for teachers and educational specialists who have not met all of 
the requirements for a provisional or professional certificate. A school administrative 
unit may employ a conditionally certified teacher or educational specialist who is in the 
process of becoming professionally certified notwithstanding the availability of 
provisionally or professionally certified teachers or educational specialists. 
Any 
amendment to the rules adopted pursuant to this chapter that revises the qualifications for 
a conditional certificate or transitional endorsement does not apply to a person who was 
issued a conditional certificate or transitional endorsement prior to or during the school 
year preceding the adoption of revisions to the rules as long as the holder of the 
conditional certificate or transitional endorsement annually completes the required course 
work and testing as determined by the department for the school year preceding the 
adoption of revised rules.' 
Amend the bill in Part B in section 3 in subsection 2-A in the 4th line (page 6, line 4 
in L.D.) by striking out the following: "10" and inserting the following: '12' 
Amend the bill in Part B by striking out all of section 4 and inserting the following: 
'Sec. B-4. 
Certification rules. The State Board of Education shall amend its 
rules relating to certification of educators under the Maine Revised Statutes, Title 20-A, 
section 13012 to require that any person seeking an endorsement to teach kindergarten to 
grade 8 students must demonstrate proficiency in math and reading instruction, including 
evidence-based reading instruction. For the purposes of this section, "evidence-based 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1376, L.D. 1858 
reading instruction" means instructional practices that have been proven by systematic, 
objective, valid and peer-reviewed research to lead to predictable gains in reading 
achievement. The requirement must apply to all teachers and educational specialists, 
including teachers in special education and teachers of English language learners. 
Sec. B-S. Alternative certification working group. 
The State Board of 
Education shall establish a working group to develop one or more alternative certification 
pathways that meet the standards set forth in the Maine Revised Statutes, Title 20-A, 
section 13011, subsection 6. Members of the State Board of Education shall participate 
in the working group, and the State Board of Education shall invite the participation of 
representatives of the Maine Education Association, the Maine School Superintendents 
Association, the Maine Principals' Association, the Maine School Boards Association, 
Maine Administrators of Services for Children with Disabilities and Maine 
Administrators of Career and Technical Education, representatives of approved educator 
preparation programs, parents and the business community and other interested parties. 
The working group shall submit a report describing one or more alternative certification 
pathways to the State Board of Education and the Commissioner of Education. The State 
Board of Education shall submit the report to the Joint Standing Committee on Education 
and Cultural Affairs no later than November 1, 2012. The report must include pathway 
descriptions, the working group's recommendations and any draft legislation or rules 
needed to implement the recommendations.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the provisions in the bill that require 
school administrative units to develop and implement a system of evaluation and support 
for teachers and principals. The amendment accomplishes the following. 
1. It strikes the word "significant" from the provision in the bill that requires that 
when a reduction in force is required the effectiveness rating would have to be a 
significant factor in determining the order of layoff and recall. 
2. It creates a definition of "professional improvement plan" and a definition of 
"summative effectiveness rating." 
3. It clarifies that the Department of Education must approve performance evaluation 
and professional growth systems for educators established by school administrative units. 
4. It clarifies that a summative effectiveness rating indicating ineffectiveness for 2 
consecutive years constitutes just cause for nonrenewal of a teacher's contract, unless the 
ratings are the result of bad faith. 
5. It provides that teachers found to be ineffective must be allowed to implement a 
professional improvement plan. 
6. It provides that the rules adopted by the Department of Education must include 
provisions related to the department's approval of the performance evaluation and 
professional growth systems for educators established by school administrative units. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1376, L.D. 1858 
7. It clarifies that a school administrative unit is eligible to receive targeted educator 
evaluation funds if it has begun the process of developing a performance evaluation and 
professional growth system. 
8. It creates the Maine Educator Effectiveness Council to develop detailed standards 
for implementation of the educator performance evaluation and professional growth 
systems. 
9. It removes the provision requiring the State Board of Education to consider 
outcome data for persons who have completed an educator preparation program in the 
review and evaluation of educator preparation programs in the State. 
10. It provides additional guidance for the development of rules that provide for 
alternative pathways to obtain provisional certification. 
11. It clarifies that school administrative units may employ conditionally certified 
teachers notwithstanding the availability of fully certified teachers, which Department of 
Education Rule Chapter 115 currently forbids. 
12. It changes the minimum student teaching time from 10 to 15 weeks, to align with 
existing requirements in Department of Education rules. 
13. 
It clarifies the language related to evidence-based reading instruction and 
clarifies that the requirement that a person seeking an endorsement to teach kindergarten 
to grade 8 students must demonstrate proficiency in math and reading instruction also 
applies to educational specialists. 
14. It establishes an alternative certification working group to develop pathways 
consistent with the new alternative certification laws proposed in the bill. 
15. It adds a mandate preamble. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/03/12 
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LD 1858 
LR 2773(02) 
An Act To Ensure Effective Teaching and School Leadership 
Fiscal Note for Bill as Amended by Committee Amendment t\" I H 
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Committee: Education and Cultural Affairs 
II 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
State Mandates 
Required Activity 
Unit Affected 
Requires school administrative units to develop and implement comprehensive 
School 
perfonnance evaluation and professional growth systems for teachers and principals. 
Local Cost 
Significant 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the state from 
the constitutional requirement to fund 90% of the additional costs. 
Fiscal Detail and Notes 
The cost to local school administrative units can not be detennined at this time and will depend on the standards and 
criteria developed by the Department of Education. 
This bill requires the Department of Education to establish a targeted funds component within the Essential Programs 
and Services funding model beginning with the 2013-2014 school year to be used to assist school administrative units 
in developing and implementing perfonnance evaluation and professional growth systems. The amount of funding 
that will be available and whether that amount will be sufficient to fund 90% of the additional costs to school 
administrative units to implement the requirements of this legislation can not be detennined at this time. 
Additional costs to the Department of Education associated with staffing the Maine Educator Effectiveness Council 
and with rulemaking can be absorbed within existing budgeted resources. Additional costs to the State Board of 
Education to establish the required working group and submit the required report can be absorbed within existing 
budgeted resources. 
LR2773(02) - Fiscal Note - Page I of I