An Act To Require 3 Years of Experience in a School Administrative Unit before a Teacher May Receive a Continuing Contract Offer
Maine Legislature, Session 125, LD 0976
Committee Amendment CA_A_H243 (House)
Amends: 20-A MRSA §13201

COMMITTEE AMENDMENT "f}" to H.P. 720, L.D. 976, Bill, "An Act To 
Require 3 Years of Experience in a School Administrative Unit before a Teacher May 
Receive a Continuing Contract Offer" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 20-A MRS A §l055, sub-§lO, as amended by PL 2001, c. 588, § 17, is 
further amended to read: 
10. 
Supervise school employees. 
The superintendent is responsible for the 
evaluation of all teachers and other employees of the school administrative unit. The 
superintendent shall evaluate probationary teachers during, but not limited to, their 2nd 
year of employment. The method of evaluation must be determined by the school board 
and implemented by the superintendent. 
Sec. 2. 20-A MRSA §13201, as amended by PL 1989, c. 285, is further amended 
to read: 
§13201. Nomination and election ofteachers; teacher contracts 
The superintendent shall nominate all teachers, subject to such regulations governing 
salaries and the qualifications of teachers as the school board shall males makes. 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. 
The superintendent, 
subject to the approval of the school board, shall implement a program to support 
probationary teachers pursuant to section 13015. Prior to May 15th before the expiration 
of a first ef, 2nd or 3rd 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 shall pay a forfeiture to the 
teacher. The amount of that forfeiture shall 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/1,, to H.P. 720, L.D. 976 
notification is made or on which the complaint is filed, whichever occurs first. In case 
the superintendent of schools and the school board fail to legally elect a teacher, the 
commissioner shall have has the authority to appoint a substitute teacher who shall serve 
serves until such election is made. 
After a probationary period not to exceed 2 of 3 years, subsequent contracts of duly 
certified teachers shall: must be for not less than 2 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 shall: must be extended automatically 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. 
Just cause for dismissal or nonrenewal shall be i§. 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. 
After a probationary period of 2 ;1 years, any 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 such notification request a hearing with the 
school board. The teacher may request reasons. The hearing shall: must be private except 
by mutual consent and except that either or both parties may be represented by counsel. 
That hearing must be granted within 30 days of the receipt ofthe 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 
for which the contract was made. The order of layoff and recall shall be i§. a negotiable 
item in accordance with the procedures set forth in Title 26, chapter 9-A, provided that in~ 
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 shall: may not 
be limited to, seniority. 
Sec. 3. 
Reports. 
The Department of Education shall review how teacher 
evaluation systems are used by various school administrative units, both in this State and 
in other states, to aid hiring, retention and dismissal decisions, as well as how such 
systems are used to aid professional development and support teachers. The Department 
of Education shall report its findings to the Joint Standing Committee on Education and 
Cultural Affairs by December 30,2011. 
Sec. 4. Application. That section of this Act that amends the Maine Revised 
Statutes, Title 20-A, section 13201 applies to newly hired teachers beginning with the 
2012-2013 school year.' 
SUMMARY 
This amendment specifies that superintendents must evaluate probationary teachers in 
their 2nd year of employment as determined by school board policy. The amendment 
increases the probationary period of teachers from its current 2-year period to a 3-year 
period beginning with the 2012-2013 school year. 
The amendment directs 
superintendents to support probationary teachers throughout their probationary periods. 
The amendment also directs the Department of Education to review teacher evaluation 
systems to determine how they are used to aid hiring, retention and dismissal decisions 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 720, L.D. 976 
and professional development. The Department of Education is directed to report its 
findings to the Joint Standing Committee on Education and Cultural Affairs by December 
30,2011. 
FISCAL ~OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/10111 
frac::-
LD976 
LR331(02) 
An Act To Require 3 Years of Experience in a School Administrative Unit before a Teacher May 
Receive a Continuing Contract Offer 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education to conduct the required review can be absorbed within existing 
budgeted resources. 
LR0331 (02) - Fiscal Note - Page 1 of 1