An Act To Extend the Probationary Period for Teachers
Maine Legislature, Session 125, LD 1322
Committee: Education and Cultural Affairs
Sponsors: NELSON, ALFOND, CASAVANT, CHAPMAN, LONGSTAFF, LOVEJOY, MAKER, RICHARDSON, WAGNER, KATZ
Amends: 20-A MRSA §13201

Legislative Document 
No. 1322 
H.P. 968 
House of Representatives, March 28, 2011 
An Act To Extend the Probationary Period for Teachers 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative NELSON of Falmouth. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: CASAVANT of Biddeford, CHAPMAN of Brooksville, LONGSTAFF of 
Waterville, LOVEJOY of Portland, MAKER of Calais, RICHARDSON of Carmel, WAGNER 
of Lewiston, Senator: KATZ of Kennebec. 
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 
determines proper, subject to the approval of the school board.  The superintendent shall 
implement a program to evaluate and support probationary teachers.  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 
shall pay a forfeiture to the teacher.  The amount of that forfeiture shall be is 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 years for teachers hired before 2012, not 
to exceed 3 years for teachers hired in 2012 and not to exceed 4 years for teachers hired 
in 2013 or subsequent years, subsequent contracts of duly certified teachers shall may not 
be for not 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 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 the probationary period of 2 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 if, 
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 is not be 
limited to, seniority. 
SUMMARY 
This bill requires school superintendents to implement programs to evaluate and 
support probationary teachers and extends the probationary period for teachers from 2 
years presently to 3 years for teachers hired in 2012 and 4 years for teachers hired in 2013 
or subsequent years.