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: Education and Cultural Affairs
Sponsors: JOHNSON, LONGSTAFF, VOLK, LANGLEY, SAVIELLO, THOMAS, GUERIN, KUMIEGA
Amends: 20-A MRSA §13201

Legislative Document 
No. 976 
H.P. 720 
House of Representatives, March 8, 2011 
An Act To Require 3 Years of Experience in a School 
Administrative Unit before a Teacher May Receive a Continuing 
Contract Offer 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative JOHNSON of Greenville. 
Cosponsored by Representatives: LONGSTAFF of Waterville, VOLK of Scarborough, 
Senators: LANGLEY of Hancock, SAVIELLO of Franklin, Senator THOMAS of Somerset 
and Representatives: GUERIN of Glenburn, KUMIEGA of Deer Isle. 
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 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 
determine proper, subject to the approval of the school board.  Prior to May 15th before 
the expiration of a first or, 2nd or 3rd year probationary teacher's contract and before the 
expiration of the 5th year of a duly certified 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 
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 5 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 is 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 3 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 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 
for which the contract was made. The order of layoff and recall shall be is 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. 
SUMMARY 
This bill extends the probationary teacher contract to 3 years and provides that a duly 
certified teacher is not eligible for a continuing contract in the employing school 
administrative unit until after the 3rd year of a probationary teacher contract.  This bill 
also extends the period of a duly certified teacher's contract to 5 years and requires the 
superintendent to notify the teacher in writing, prior to May 15th before the expiration of 
the 5th year of a duly certified teacher's contract, of the superintendent's decision to 
nominate or not nominate the teacher for another 5-year contract.