Resolve, Regarding Legislative Review of Chapter 180: Performance Evaluation and Professional Growth Systems, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 126, LD 1747
Committee Amendment CA_A_H757 (House)

COMMITTEE AMENDMENT "A "to H.P. 1254, L.D. 1747, "Resolve, Regarding 
Legislative Review of Chapter 180: Performance Evaluation and Professional Growth 
Systems, a Major Substantive Rule of the Department of Education" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of Chapter 180: Performance 
Evaluation and Professional Growth Systems, a provisionally adopted major substantive 
rule of the Department of Education that has been submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the following changes are made. 
1. The rule must be amended in section 7 in the part concerning the use of measures 
of student learning and growth that are considered to be a significant factor in 
determining the summative effectiveness rating of an educator by: 
A. Deleting the provision requiring that, to be considered a significant factor, student 
learning and growth measures must constitute at least 20% of an educator's total score 
and a percentage lower than 20% may also be considered if the educator is prevented 
from being rated as effective if the educator's students do not demonstrate a 
satisfactory amount of growth in a performance evaluation and professional growth 
system adopted by a school administrative unit that uses a numerical approach to 
determine an educator's summative effectiveness rating; 
B. Deleting the provision requiring that in a performance evaluation and professional 
growth system that uses a matrix approach to combining measures into a summative 
effectiveness rating, student learning and growth measures are a significant factor if 
they appear on a single axis of the matrix, and that axis is divided into not more than 
segments; 
C. 
Inserting a provision requiring that the proportionate weight of the student 
learning and growth measures that are considered to be a significant factor in the 
determination of the summative effectiveness rating of an educator must be a local 
decision made by a school administrative unit in accordance with the provisions in 
section 12; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "4,, to H.P. 1254, L.D. 1747 
D. Inserting a provision requiring that a school administrative unit that does not 
submit a performance evaluation and professional development system in compliance 
with the Maine Revised Statutes, Title 20-A and this rule to the Department of 
Education by June 1, 2015 is required to implement student learning and growth 
measures that are considered to be a significant factor in determining the summative 
effectiveness rating of an educator as follows: 
(1) In a performance evaluation and professional growth system that uses a 
numerical approach to determine an educator's summative effectiveness rating, 
student learning and growth measures are a significant factor if they constitute 
20% of the educator's total score; or 
(2) In a performance evaluation and professional growth system that uses a 
matrix approach to combining measures into a summative effectiveness rating, 
student learning and growth measures are a significant factor if they appear on a 
single axis of the matrix, and that axis is divided into not more than 5 segments. 
2. The rule must be amended in section 7 in the part concerning requirements related 
to the validity and reliability of permissible measures as follows: 
A. Deleting the provision in the first sentence providing that student learning and 
growth measures must be valid and reliable; 
B. Inserting a provision in the first sentence requiring that student learning and 
growth measures must meet the criteria established in that subsection; 
C. Inserting a provision requiring that student learning and growth measures must be 
appropriately attributed to the teacher or principal whose evaluation is impacted by 
those measures; and 
D. Deleting the provision in paragraph G providing that the data used in the 
evaluation is statistically reliable. 
3. The rule must be amended in section 12 in the part concerning the requirement 
that school administrative units must collaborate with educators and other education 
stakeholders in developing a performance evaluation and professional development 
system by: 
A. Inserting a provision to clarify that a majority of the members of the initial group 
of stakeholders must be composed of at least a majority of teachers and to provide 
that, of the teachers appointed to the initial group of stakeholders, 2/3 must have the 
endorsement of the majority of teachers in the school administrative unit and 2/3 
must have the endorsement of the majority of the school administrative unit's 
governing body; 
B. Inserting a provision to provide that, for a school administrative unit that has 
established an initial group of stakeholders to develop the school administrative unit's 
performance evaluation and professional development system prior to the effective 
date of this rule chapter, the existing group of stakeholders, with the consent of a 
majority of teachers in the school administrative unit, may continue as currently 
constituted even if the group of stakeholders does not meet the specific composition 
established in accordance with the provision amended by paragraph A; and 
COMMITTEE AMENDMENT 
COMMlTIEE AMENDMENT" A· to HP. 1254. L.D. 1747 
C. Inserting a provision to provide that the initial group of stakeholders must use a 
consensus decision-making process to develop the performance evaluation and 
professional development system, including the proportionate weight of the student 
learning and growth measures as set forth in section 7. 
4. The rule must be amended in section 15 in the pati concerning requirements 
related to the piloting of performance evaluation and professional growth systems by: 
A. Deleting the provision that provides that, in each case, all of the proposed student 
growth measures identified as concerns by local educators in a school administrative 
unit must be applied on a pilot basis; and 
B. Inserting a provision that encourages school administrative units to utilize student 
growth measures during the pilot period. 
5. The rule must be amended in section 16 in the part concerning technical assistance 
provided by the Department of Education to school administrative units by deleting the 
provision related to developing valid and reliable student learning and growth measures 
as part of that technical assistance.' 
SUMMARY 
This amendment provides that final adoption of portions of Chapter 180: 
Performance Evaluation and Professional Growth Systems, a major substantive rule of 
the Department of Education, is authorized upon the Department of Education's making 
specific changes to the rule. 
FISCAL ~OTE REQllRE.1J 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/26114 
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LD 1747 
LR 2748(02) 
Resolve, Regarding Legislative Review of Chapter 180: Performance Evaluation and Professional 
Growth Systems, a Major Substantive Rule of the Department of Education 
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Fiscal Note for Bill as Amended by Committee Amendment "If, CH -7 5?J 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR2748(02) - Fiscal Note - Page 1 of 1 
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