An Act To Further Ensure Effective Teaching and School Leadership
Maine Legislature, Session 126, LD 1144
Committee: Education and Cultural Affairs
Sponsors: KUSIAK
Amends: 20-A MRSA §13008, 20-A MRSA §13705, 20-A MRSA §13706, 20-A MRSA §15681

Legislative Document 
No. 1144 
H.P. 809 
House of Representatives, March 21, 2013 
An Act To Further Ensure Effective Teaching and School 
Leadership 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KUSIAK of Fairfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §13008, sub-§2, as enacted by PL 2011, c. 635, Pt. B, §1, is 
amended to read: 
2.  Data collection.  The department shall collect data relating to educator 
preparation programs, including but not limited to the following information with respect 
to each educator preparation program: 
A.  The number of program completers; and 
B.   The number of program completers who pass certification tests and the number 
of those who attain provisional licensure in the State;. 
C.  The number of program completers who proceed from provisional licensure to 
professional licensure; and 
D.  The number of program completers who are teaching in schools in this State 3 
and 5 years after they complete that educator preparation program. 
Sec. 2.  20-A MRSA §13705, sub-§1 is enacted to read: 
1.  Phase-in grants; contingent extension of full implementation.  During the 
phase-in period under this section, the department, if funds are available, shall make 
annual phase-in grants to each school administrative unit equal to 1/10 of 1% of the 
school administrative unit's total cost of education calculated under section 15688, 
subsection 1 to be used in the manner determined by the school administrative unit to 
fund the costs of meeting the phase-in requirements not otherwise subsidized by the State.  
The date for school administrative units to implement a performance evaluation and 
professional growth system as set forth in this section is extended one year for each year 
for which transition grants are not made available to school units or for which the level of 
general purpose aid for local schools falls below the required 55% state share of the total 
cost of funding public education from kindergarten to grade 12 as set forth in section 
15671, subsection 1. 
Sec. 3.  20-A MRSA §13706, as enacted by PL 2011, c. 635, Pt. A, §3, is amended 
to read: 
§13706.  Rules 
The department shall adopt rules to implement this chapter, including but not limited 
to a rule relating to the method of identifying the educator or educators whose 
effectiveness ratings are affected by the measurement of learning or growth of a 
particular student.  The department shall also adopt rules pertaining to the approval of 
performance evaluation and professional growth systems pursuant to section 13702.  The 
department shall amend or adopt rules that specify the appropriate qualifications and 
training protocols that are necessary to ensure that school administrative units are 
employing qualified evaluators to implement the performance evaluation and professional 
growth system pursuant to section 13704, subsection 5.  Rules adopted pursuant to this 
section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  20-A MRSA §15681, sub-§6, as enacted by PL 2011, c. 635, Pt. A, §5, is 
amended to read: 
6.  Targeted funds for educator evaluation.  For educator evaluation funds 
beginning with the 2013-2014 school year, the commissioner shall calculate the amount 
available to assist required by school administrative units in developing to develop and 
implementing implement performance evaluation and professional growth systems 
pursuant to chapter 508.  Targeted educator evaluation funds may be provided only if the 
level of general purpose aid for local schools exceeds the required 55% state share of the 
total cost of funding public education from kindergarten to grade 12 as set forth in section 
15671, subsection 1. 
Sec. 5.  Submission of provisionally adopted rules.  Not later than January 15, 
2014, the Department of Education shall submit provisionally adopted rules that amend 
or adopt rules that specify the appropriate qualifications and training protocols that are 
necessary to ensure that school administrative units are employing qualified evaluators to 
implement the performance evaluation and professional growth system required pursuant 
to the Maine Revised Statutes, Title 20-A, section 13704, subsection 5. 
SUMMARY 
This bill makes several changes related to the implementation of the performance 
evaluation and professional growth system provisions established in the Maine Revised 
Statutes, Title 20-A, chapter 508. 
1.  It removes 2 of the data elements that the Department of Education is required to 
collect in order to evaluate the performance of educator preparation programs. 
2.  It requires the Department of Education to amend or adopt rules regarding the 
implementation procedures related to the qualifications and preparation that trained 
evaluators must have in order to participate in the performance evaluation of teachers and 
school principals. 
3.  It amends the provisions requiring targeted funds for implementing the 
performance evaluation and professional growth systems for teachers and principals to 
require that, beginning with the 2013-2014 school year, the Commissioner of Education 
provide state funding, outside of the funding provided to school administrative units 
through the general purpose aid for local schools program, to implement performance 
evaluation and professional growth systems for teachers and principals. 
4.  It provides that school administrative units are not required to implement the 
performance evaluation and professional growth systems for teachers and principals until 
the Legislature funds the state share of the total cost of funding public education from 
kindergarten to grade 12 at the 55% level required by the Essential Programs and 
Services Funding Act.  It also provides that targeted educator evaluation funds may be 
provided only if general purpose aid for local schools exceeds the required 55% state 
share.