Resolve, Regarding Legislative Review of Chapter 180: Perfonnance Evaluation and Professional Growth Systems, a Major Substantive Rule of the Department of Education
Maine Legislature, Session 126, LD 1747
Committee Amendment CA_A-HA_A_H777 (House)

HOUSE AMENDMENT "I/-" to COMMITTEE AMENDMENT "A" to H.P. 1254, 
L.D. 1747, "Resolve, Regarding Legislative Review of Chapter 180: Perfonnance 
Evaluation and Professional Growth Systems, a Major Substantive Rule of the 
Department of Education" 
Amend the amendment 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 
detennining 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 perfonnance evaluation and professional growth 
system adopted by a school administrative unit that uses a numerical approach to 
detennine an educator's summative effectiveness rating; 
B. Deleting the provision requiring that in a perfonnance 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; and 
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 
detennination 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. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT 't-. to COMMITTEE AMENDMENT "An to H.P. 1254, L.D. 1747 
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; 
D. Deleting the provision in section 7, paragraph E providing that the assessment 
must measure intended curriculum and measure only things that are subject to 
instructional effectiveness and deleting the sentence in paragraph E providing that the 
assessment is valid and reliable; 
E. Inserting a provision providing that the criteria or instrument used to measure 
student growth must be able to measure growth in identified and intended learning 
outcomes; provide all students in the instructional cohort the opportunity to 
demonstrate growth in knowledge or skills; be able to inform instruction and inform 
others about the effectiveness of a teacher; and be administered consistently across 
similar grade spans, courses or instructional cohorts; 
F. Clarifying the provision in section 7, paragraph F that provides the results are used 
in a way that takes into account differences in growth opportunity across the 
spectrum by inserting a provision requiring that the results must be used in a way that 
takes into account differences in growth opportunity across the spectrum; and 
G. Deleting the provision in section 7, 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 growth 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; 
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 
HOUSE AMENDMENT 
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HOUSE AMENDMENT .off" to COMMITTEE AMENDMENT "A" to H.P. 1254, L.D. 1747 
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professional growth system, including the proportionate weight of the student 
learning and growth measures as set forth in section 7; 
D. 
Inserting a provision to provide that if the stakeholder group fails to reach 
consensus on the issue of the proportionate weight of the student learning and growth 
measures by June 1, 2015, the proportionate weight of student learning and growth 
measures in that school administrative unit must be 20% in a system that uses a 
numerical approach to combining measures into a summative effectiveness rating, or, 
in a system that uses a matrix approach to combining measures into a summative 
effectiveness rating, student learning and growth measures must appear on a single 
axis of the matrix and that axis must be divided into not more than 5 segments; and 
E. 
Inserting provisions to provide that if the stakeholder group fails to reach 
consensus on any issue in addition to the proportionate weight of the student growth 
measures by June 1,2015, the school administrative unit shall adopt one of the State 
Model PEIPG systems developed pursuant to section 16 of the rule. Upon request by 
the entire membership of the stakeholder group, the commissioner may provide 
additional time to the group to reach consensus. 
Upon the expiration of that 
additional time, the school administrative unit shall adopt one of the State Model 
PE/PG systems developed pursuant to section 16 of the rule. 
4. 
The rule must be amended in section 15 in the part 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. 
6. The rule must be amended in section 16 by adding a reference to the State Model 
PE/PG systems and by inserting a provision requiring the Department of Education to 
develop at least one complete State Model PE/PG system for teachers and at least one 
complete State Model PE/PG system for principals. 
Sec. 2. 
Development of model PE/PG systems. 
By July 3, 2014, the 
Department of Education shall develop at least one complete State Model PE/PG system 
for teachers and at least one complete State Model PE/PG system for principals in 
accordance with section 16 of the rules adopted pursuant to this resolve.' 
SUMMARY 
This amendment amends Committee Amendment "A." The amendment differs from 
Committee Amendment "A" in the following ways. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "A" to H.P, 1254, L.D, 1747 
1, It removes the provision in Committee Amendment "A" that sets requirements 
related to 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 the rule by June 1,2015, 
2, 
It includes requirements related to the criteria or instrument used to measure 
student growth, 
3, It includes provisions setting requirements if the stakeholder group fails to reach 
consensus, 
4, It adds provisions requiring the Department of Education to develop at least one 
complete model PE/PG system for teachers and at least one complete model PE/PG 
system for principals by July 3,2014, 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY: a aJ ~ 
(Representative JOHNSON, P,)? 
TOWN: Greenville 
HOUSE AMENDMENT 
Approved: 03/28114 
~ac 
LD 1747 
LR 2748(03) 
Resolve, Regarding Legislative Review of Chapter 180: Performance Evaluation and Professional 
Growth Systems, a Major Substantive Rule of the Department of Education 
Fiscal Note for House Amendment "A" to Committee Amendment "A" 
Sponsor: Rep. Johnson of Greenville 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education to incorporate the proposed changes can be absorbed within existing 
budgeted resources. 
LR2748(03) - Fiscal Note - Page 1 of 1