An Act Re:garding Educator Effectiveness
Maine Legislature, Session 127, LD 0692
Committee Amendment CA_A_S3 (Senate)

COMMITTEE AMENDMENT" A "to S.P. 250, L.D. 692, Bill, "An Act Re:garding 
Educator Effectiveness" 
Amend the bill by striking out all of sections 3 and 4 and inserting the following: 
'Sec. 3. Amendment of rule. The Department of Education shall amend portions 
of Rule Chapter 180: Perfonnance Evaluation and Professional Growth Systems as 
follows. 
1. Throughout the rule the abbreviation PEIPG must be changed to PEPG. 
2. In section 2, subsection 10, language must be added to the definition of "principal" 
to provide that "principal" means a person who supervises teachers in delivering the 
instructional program of a school. The phrase "serving in a position that requires 
certification under State Board of Education Rule Chapter 115, Part II, Section 4.5, 4.6 
and 4.7" must be moved to the end of subsection 1 O. 
3. In section 2, subsection 12, the definition of school administrative unit must be 
amended to include charter schools. 
4. 
In section 4, subsection 2, the following changes must be made to the 
requirements of a perfonnance evaluation and professional growth system plan: 
A. In subsection 2, paragraph C, student learning and growth measures must be 
removed as a requirement and replaced with a system for the selection, development, 
review and approval of individual educators' student learning and growth measures, 
including an explanation of how the student learning and growth measurement is a 
significant factor in the determination of the summative effectiveness rating of an 
educator in accordance with the provisions in section 7, subsection I; 
B. In subsection 2, paragraph F, a description of the 4 rating categories must be 
changed to the 4 summative effectiveness rating categories; and 
C. A provision must be added providing that department approval is also contingent 
upon evidence of adoption of the system by the school board. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" a" to S.P. 250, L.D .. 692 
5. 
In section 5, the Kim Marshall Teacher Evaluation Rubrics and MSAD 49 
Teacher Evaluation Rubric, based on the Kim Marshall Teacher Evaluation Rubrics, must 
be added as models containing all of the elements necessary to be approved for use as the 
professional practice element for teachers. 
6. In section 6, the Marzano School Leader Evaluation Model and the Kim Marshall 
Principal Evaluation Rubrics must be added as models containing all of the elements 
necessary to be approved for use as the professional practice element for principals. 
7. 
Section 7, subsection 2, paragraph A must be clarified so that a teacher is a 
"teacher of record" for a student only if, for any student growth measure, the student 
meets the criteria in subsection 2, paragraph A. 
8. In section 7, subsection 2, paragraph A, a provision must be added providing that 
a student's academic perfonnance may be attributed to more than one teacher of record, 
as long as the criteria in subparagraphs (1) to (3) are met for each teacher. The current 
language regarding a student's academic perfonnance being attributable to more than one 
teacher must be deleted. 
9. In section 7, subsection 2, paragraph B, a sentence must be added providing that 
nothing in section 7 prohibits collaboration in ystablishing and monitoring the list of 
students for whom the teacher will be the teacher of record. 
10. In section 7, subsection 3, paragraph A, the criterion requiring that a student 
learning and growth measure must measure student growth in achievement, and not 
solely the level of achievement, must be removed and replaced with a criterion requiring 
that a student learning and growth measure must measure a change in a student's 
knowledge or skills between 2 points of time during which an educator has influence. 
11. Section 7, subsection 3, paragraph B must provide that multiple measures of 
student learning and growth must be factored into the summative effectiveness rating of 
an educator and the sentence regarding reference to large-scale, norm-referenced 
standardized tests must be replaced with a provision requiring that, at a teacher's 
discretion, large-scale standardized tests may be the sole type of student learning and 
growth measures used in a summative effectiveness rating. 
12. In section 7, subsection 3, paragraph C, the word "subject" must be changed to 
"knowledge and skills" and the word "pre-assessment" must be changed to "comparable 
pre-assessment. " 
13. 
Section 7, subsection 3, paragraph F must also provide a provision that an 
individual education plan may not be used as a measure of student learning and growth in 
the evaluation of an educator. 
14. Section 7, subsection 4 must be deleted and replaced with a provision requiring 
that school administrative units must use a student learning objective framework or 
comparable structure to develop and record student learning and growth measures, and 
the school administrative unit must establish in its PEPG system handbook criteria for: 
A. The identification of content standards; 
B. The selection of assessments; 
C. Setting growth targets, if applicable; 
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COMMITTEE AMENDMENT" ,4 "to S.P. 250, L.D. 692 
D. The size of an instructional cohort; and 
E. The length of the instructional interval of time. 
15. In section 7, a new subsection must be added after subsection 5 with a provision 
regarding the use of state assessment results for tested subjects and grades that provides 
that the Maine Educational Assessment for Mathematics and English Language 
Arts/Literacy State Assessment results must be used as one measure of student learning 
and growth for teachers in the corresponding grades and subjects. These results must: 
A. Be attributed to teachers of record in accordance with the criteria for a teacher of 
record in section 7, subsection 2; and 
B. Be used in such a way that they meet the criteria for permissible measures in 
section 7, subsection 3. 
16. In section 11, subsection 3, paragraph A, a requirement that evaluators must 
complete training in providing meaningful feedback on instructional practice must be 
added. 
17. 
Section 12, subsection 1, paragraph D must be deleted and replaced with a 
provision that provides if the stakeholder group fails to reach consensus on the issue of 
the proportionate weight of student learning and growth measures by July 15, 2015, the 
proportionate weight of student learning and growth measures in that school 
administrative unit must be 20%. 
18. 
In section 12, subsection 1, paragraph E, the date established regarding the 
stakeholder group failure to reach consensus on any issue in addition to the proportionate 
weight of student learning and growth measures must be changed from June 1, 2015 to 
July 15, 2015. 
19. In section 13, a new subsection must be added regarding professional growth 
plans and must provide that an educator who receives a summative effectiveness rating 
higher than ineffective must develop a professional growth plan that is based on clearly 
articulated goals related to targeted areas of practice and student performance. 
20. The text of section 14 must be moved to section 13 and identified as subsection 
2. 
21. Except for language containing the purpose of the pilot project and the provision 
providing that data from a pilot project must be used to inform potential refinement and 
improvement of the system, section 15 must be replaced with the following provisions: 
A. 
Evidence and data collected during the pilot year may be used to inform 
professional growth plans and differentiated evaluation cycles beginning during the 
first year of implementation, but performance ratings assigned during the pilot year 
may not be used in any action related to employment or compensation of an educator; 
and 
B. A school administrative unit shall design a pilot project for the purpose of testing 
technical aspects of the system, determining the value of its elements and identifying 
problems. The pilot project must include student growth measures based on state 
assessments in English language arts and literacy and mathematics and a portion of 
the district-defined growth measures intended for use in content areas other than 
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COMMITTEE AMENDMENT "It "to S.P. 250, L.D. 692 
English language arts and literacy and mathematics. The school administrative unit 
shall ensure that the local steering committee is formed before the pilot project begins 
and must ensure that the steering committee develops a plan for monitoring and 
evaluating the results of the pilot project. 
22. In section 16, a provision must be added providing that the department shall 
implement a system of monitoring and providing feedback and support based on 
information gathered through the monitoring system. Ongoing monitoring will include 
the collection of data including but not limited to: 
A. The aggregate summative effectiveness ratings for each school; 
B. The process for and frequency of observation and feedback; 
C. Opportunities for targeted professional growth and improvement; 
D. The types and descriptions of individual assessments used in the evaluation of 
educators; 
E. The process for developing student learning and growth measures; 
F. Exemplars of student learning and growth measures; 
G. District criteria for the development, review and approval of growth measures; 
H. The use of effectiveness ratings for employment decisions; 
I. The mechanism for sustaining the PEPG system; and 
1. Evaluator and educator training programs. 
23. The sections must be renumbered to read consecutively. 
Sec. 4. Expedited amendment process. Notwithstanding the Maine Revised 
Statutes, Title 5, chapter 375, subchapters 2 and 2-A and any other law, the Department 
of Education shall adopt the amendments to its Rule Chapter 180: Performance 
Evaluation and Professional Growth Systems as provided in section 3 of this bill. The 
department shall file the amended rule with the Secretary of State as a final adopted rule 
within 7 business days of the effective date of this bill and the rule is effective upon 
filing. Rules adopted pursuant to this bill are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. Beginning July 1,2015, any changes to Rule Chapter 180 
are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. Submission of pilot project plan. Each school administrative unit shall 
submit to the Department of Education by July 15,2015 a plan describing the intentions 
of its pilot project designed in accordance with the amended provisions in section 15 of 
the Department of Education's Rule Chapter 180: Performance Evaluation and 
Professional Growth Systems as provided in this Act.' 
SUMMARY 
This committee amendment makes the following changes to the components 
proposed in the bill to amend the Department of Education rules regarding the design and 
implementation of the performance evaluation and professional growth systems. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" It" to S.P. 250, L.D. 692 
1. It strikes the proposed change to section 7, subsection 1 of the rules that would 
require school administrative units to develop a defensible approach to using student 
learning and growth as a significant factor in the summative effectiveness rating of an 
educator. 
2. 
It strikes the individual education plan "IEP" language included in section 7, 
subsection 4 of the rule concerning Student Learning Objectives and IEP goals and adds a 
provision in section 7, subsection 3, paragraph F of the rule concerning Permissible 
Measures, to specify that an IEP may not be used as a measure of student learning and 
growth in the evaluation of an educator. 
3. It amends the expedited amendment process provision in the bill to clarify that the 
Department of Education shall adopt the amendments to the department's Chapter 180 
Rule as provided in this Act within 7 business days of the effective date of this Act. 
4. It changes the deadline date established for stakeholder groups to reach consensus 
on the perfonnance evaluation and professional growth system in section 12, subsection 
1, paragraphs D and E of the rules, from June 1,2015 to July 15, 2015. 
5. It adds a provision to require that each school administrative unit shall submit to 
the Department of Education by July 15, 2015 a plan describing the intentions of its pilot 
project. 
FISCAL ~OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03116/15 
;Wa~ 
LD 692 
LR 1916(02) 
An Act Regarding Educator Effectiveness 
Fiscal Note for Bill as Amended by Committee Amendment 'Ps" 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium revenue decrease - Federal Expenditures Fund 
This legislation authorizes the Department of Education to make statutory and regulatory changes in order to comply 
with the Elementary and Secondary Education Act (ESEA) of 1965. Being out of compliance with ESEA may result 
in the loss of approximately $72.1 million in Title 1 and other federal funds per year. 
The provision of this bill that requires a school administrative unit (SAU) to submit a plan describing the intentions of 
its pilot project to the Department of Education by July 15, 2015 is considered to fall under the mandate exemption 
pursuant to Public Law 2011, c. 635. 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR 1916(02) - Fiscal Note - Page 1 of 1