An Act To Revise the Educational Personnel Certification Statutes and To Direct the Department of Education To Review Department Rules Regarding Educational Personnel Certification
Maine Legislature, Session 127, LD 1464
Committee: Education and Cultural Affairs
Sponsors: MAKER, BAKER, CAMPBELL, ESPLING, FOWLE, LAJOIE, ORDWAY, PICCHIOTTI, PIERCE
Amends: 20-A MRSA §6103, 20-A MRSA §13007, 20-A MRSA §13011, 20-A MRSA §13023

Legislative Document 
No. 1464 
H.P. 1005 
House of Representatives, December 21, 2015 
An Act To Revise the Educational Personnel Certification Statutes 
and To Direct the Department of Education To Review Department 
Rules Regarding Educational Personnel Certification 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17, 2015.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MAKER of Calais. 
Cosponsored by Senator BAKER of Sagadahoc and 
Representatives: CAMPBELL of Orrington, ESPLING of New Gloucester, FOWLE of 
Vassalboro, LAJOIE of Lewiston, McCLELLAN of Raymond, ORDWAY of Standish, 
PICCHIOTTI of Fairfield, PIERCE of Falmouth. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6103, first ¶, as amended by PL 1999, c. 791, §1, is further 
amended to read: 
Beginning July 1, 2000, approval, certification, authorization and renewal under 
chapters 501 and 502 are subject to the provisions of this section.  A person who has 
complied with the requirements of this section is not required to submit to a subsequent 
national criminal history record check unless that person has not been continuously 
employed in a position requiring approval, certification or authorization under chapters 
and 502.  A person who has not been continuously employed in such a position is 
subject to a subsequent national criminal history record check upon renewal.  School 
vacations are not a break in employment.  Fingerprinting of immediately affected 
applicants for certification, authorization or renewal, conducting of the needed state and 
national criminal history record checks by the State Bureau of Identification and 
forwarding of the results by the bureau to the department must begin on September 1, 
1999. 
Sec. 2.  20-A MRSA §6103, 2nd ¶, as amended by PL 1999, c. 791, §2, is 
repealed. 
Sec. 3.  20-A MRSA §6103, sub-§3-A, as amended by PL 2015, c. 267, Pt. SSS, 
§1, is further amended to read: 
3-A.  Fees.  The Commissioner of Public Safety shall assess a fee of $55 set annually 
by the Commissioner of Education for each initial criminal history record check and $24 
a fee set annually by the Commissioner of Education for each renewal criminal history 
record check required by this section. 
Sec. 4.  20-A MRSA §13007, sub-§1, as amended by PL 2005, c. 457, Pt. FF, §1, 
is further amended to read: 
1.  Fees.  The commissioner shall assess fees for initial and renewal of teacher, 
education specialist and administrator certificates.  The fee is $100 must be set annually 
by the commissioner for the initial certification process for those teachers and education 
specialists found eligible and those found ineligible.  A renewal fee of $100 set annually 
by the commissioner must be assessed for each active and inactive teacher and education 
specialist.  The fee is $200 must be set annually by the commissioner for the initial 
certification process for those administrators found eligible and those found ineligible.  A 
renewal fee of $200 set annually by the commissioner must be assessed for each active 
and inactive administrator.  The commissioner shall assess a $35 fee set annually by the 
commissioner for each additional evaluation of teacher endorsements beyond the initial 
endorsement.  A fee of $15 set annually by the commissioner must be assessed for 
duplicate certificates.  A fee of $300 set annually by the commissioner must be assessed 
for administrative portfolios. 
Sec. 5.  20-A MRSA §13007, sub-§2, ¶D, as enacted by PL 2011, c. 702, §1, is 
amended to read: 
D.  Report and pay no more than $150,000 in fiscal year 2012-13, no more than 
$240,000 in fiscal year 2013-14 and no more than $335,000 in fiscal year 2014-15 
and each fiscal year thereafter from fees collected pursuant to subsection 1 to the 
Treasurer of State to be credited to the National Board Certification Salary 
Supplement Fund, Other Special Revenue Funds account within the Department of 
Education. 
Sec. 6.  20-A MRSA §13011, sub-§9, as amended by PL 2003, c. 445, §1, is 
further amended to read: 
9.  Targeted need area certificate; exception.  The state board shall adopt rules that 
establish criteria under which a targeted need area certificate may be issued.  This 
certificate may be issued only to a person holding a bachelor's degree and teaching in a 
teacher shortage area.  The teacher shortage area is determined by the commissioner.  
Rules adopted pursuant to this subsection are major substantive rules in accordance with 
Title 5, chapter 375, subchapter 2-A.  Any amendment to the rules adopted pursuant to 
this subsection that revises the qualifications for a targeted need area certificate does not 
apply to a person who was issued a targeted need area certificate prior to or during the 
school year preceding the adoption of revisions to the original rules as long as the holder 
of the targeted need area certificate annually completes within 3 years the required course 
work and testing as determined by the department for the school year preceding the 
adoption of revised rules. 
Sec. 7.  20-A MRSA §13011, sub-§10, as amended by PL 2011, c. 635, Pt. B, §3, 
is further amended to read: 
10.  Conditional certificate; transitional endorsement; exception.  A conditional 
certificate is a certificate for teachers and educational specialists who have not met all of 
the requirements for a provisional or professional certificate.  A school administrative 
unit may employ a conditionally certified teacher or educational specialist who is in the 
process of becoming professionally certified notwithstanding the availability of 
provisionally or professionally certified teachers or educational specialists.  Any 
amendment to the rules adopted pursuant to this chapter that revises the qualifications for 
a conditional certificate or transitional endorsement does not apply to a person who was 
issued a conditional certificate or transitional endorsement prior to or during the school 
year preceding the adoption of revisions to the rules as long as the holder of the 
conditional certificate or transitional endorsement annually completes within 3 years the 
required course work and testing as determined by the department for the school year 
preceding the adoption of revised rules. 
Sec. 8.  20-A MRSA §13023, sub-§6, as enacted by PL 2005, c. 457, Pt. FF, §2, 
is amended to read: 
6.  Fees.  The commissioner shall assess fees for authorization under this section.  
The fee for each initial educational technician authorization and for renewal of an 
educational technician authorization is $25 must be set annually by the commissioner. 
Sec. 9.  Department of Education and State Board of Education review of 
educational certification rules.  The Department of Education in conjunction with 
the State Board of Education shall review all department rules regarding certification of 
educational personnel and shall submit by January 7, 2017 a report regarding the review 
to the joint standing committee of the Legislature having jurisdiction over education and 
cultural affairs.  The joint standing committee may report out legislation related to the 
report to the First Regular Session of the 128th Legislature.  
SUMMARY 
This bill amends the laws regarding the criminal history record information of 
educational personnel to consolidate and update language.  It requires the Commissioner 
of Education to set annually fees for criminal history record checks for and certification 
of educational personnel that currently are set in statute.  It extends from fiscal year 2014-
to all subsequent fiscal years the crediting of up to $335,000 of fees from the initial 
and renewal certification of educational personnel to the National Board Certification 
Salary Supplement Fund, Other Special Revenue Funds account within the Department of 
Education.  It allows course work and testing for targeted need area and conditional 
certificates and transitional endorsements issued preceding the amendment of rules 
regarding qualifications to be completed within 3 years instead of annually.  It also 
requires the department in conjunction with the State Board of Education to review all 
educational personnel certification rules and report by January 7, 2017 to the joint 
standing committee of the Legislature having jurisdiction over education and cultural 
affairs.  The joint standing committee is authorized to report out legislation to the First 
Regular Session of the 128th Legislature.