An Act To Improve Teaching Assignments in Maine's Public Schools
Maine Legislature, Session 127, LD 1544
Committee Amendment CA_A_S401 (Senate)
Amends: 20-A MRSA §4502

COMMITTEE AMENDMENT " A" to S.P. 604, L.D. 1544, Bill, "An Act To 
Improve Teaching Assignments in Maine's Public Schools" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 20-A MRSA §4502, sub-§4-C is enacted to read: 
4-C. Involuntary transfers. If a school administrative unit transfers a teacher to a 
teaching assignment and that transfer is involuntary, the school administrative unit must 
accomplish the transfer in accordance with a written policy adopted by the school 
administrative unit that addresses involuntary transfers. If a school administrative unit 
adopts a written policy pursuant to this subsection, the policy must include a provision for 
notice to the affected teacher of the involuntary transfer. A teacher who receives notice 
of an involuntary transfer may request during the 15 days following such notification a 
hearing with the school board. The teacher may request the reasons for the involuntary 
transfer. The hearing must be private except by mutual consent and except that either or 
both parties may be represented by counsel. The hearing must be granted within 30 days 
of the receipt of the teacher's request.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft. 
This amendment 
provides that if a school administrative unit seeks to transfer a teacher to a teaching 
assignment and that transfer is involuntary, it must do so in accordance with a written 
policy adopted by the school administrative unit that addresses involuntary transfers. If a 
school administrative unit adopts a written policy on involuntary transfers, the policy 
must provide for notification to the teacher of the involuntary transfer. This amendment 
provides that a teacher who receives notice of an involuntary transfer may request, within 
days of the notice, a hearing with the school board, which must take place within 30 
days of the request. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to S.P. 604, L.D. 1544 
The fiscal note on the amendment identifies certain requirements in this amendment 
as a potential state mandate. In order to be a mandate pursuant to the Constitution of 
Maine, a provision must require a local unit of government to expand or modify its 
activities so as to necessitate additional expenditures from local revenue. The committee 
members voting for this report find that the provisions identified as a potential mandate 
do not require a local unit of government to expand or modify its activities so as to 
necessitate additional expenditures from local revenue. 
The requirement in the amendment that a school administrative unit adopt a written 
policy on involuntary transfers if the school administrative unit decides to involuntarily 
transfer a teacher does not require an expansion or modification of activities so as to 
necessitate additional expenditures from local revenue since there is no requirement that a 
school administrative unit involuntarily transfer a teacher. 
FISCAL NOTE REQUIRED 
(See attached) 
~-,4:, 
COMMITTEE AMENDMENT 
State Mandates 
Required Activity 
Approved: 02/17 /16 
feac 
LD 1544 
LR2390(02) 
An Act To Improve Teaching Assignments in Maine's Public Schools 
Fiscal Note for Bill as Amended by Committee Amendment ''A" ~ 
... l(Q ~ 
Committee: Education and Cultural Affairs 
J 
Fiscal Note Required: Yes 
Fiscal Note 
Potential State Mandate - Unfunded 
Unit Affected 
Local Cost 
Requires local school administrative units to adopt a written local policy governing 
involuntary transfers of teachers among teaching assignments. 
School 
Insignificant 
statewide 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the bill 
does require a local unit of government to expand or modify its activities so as to necessitate additional expenditures 
from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) General Fund 
appropriations be provided to fund at least 90% of any additional necessitated local costs of the mandate; or (2) a 
Mandate Preamble be added to the bill and two-thirds of the members of each House vote to exempt the mandate from 
the funding requirement. If the bill does represent a state mandate and neither one of these actions occurs, the local 
units of government will not be required to implement the mandated activities. 
LR2390(02) - Fiscal Note - Page 1 of 1