An Act To Revise Certification Statutes for Educational Personnel
Maine Legislature, Session 128, LD 1569
Committee: Education and Cultural Affairs
Sponsors: KORNFIELD
Amends: 20-A MRSA §6103, 20-A MRSA §13001-A, 20-A MRSA §13004, 20-A MRSA §13006, 20-A MRSA §13006-A, 20-A MRSA §13007, 20-A MRSA §13008, 20-A MRSA §13011, 20-A MRSA §13012, 20-A MRSA §13012-A, 20-A MRSA §13013, 20-A MRSA §13014, 20-A MRSA §13015, 20-A MRSA §13016, 20-A MRSA §13017-A, 20-A MRSA §13018, 20-A MRSA §13019, 20-A MRSA §13019-A, 20-A MRSA §13019-B, 20-A MRSA §13019-C, 20-A MRSA §13019-D, 20-A MRSA §13019-E, 20-A MRSA §13019-F, 20-A MRSA §13019-G, 20-A MRSA §13021, 20-A MRSA §13023, 20-A MRSA §13024, 20-A MRSA §13025, 20-A MRSA §13032, 20-A MRSA §13034, 20-A MRSA §13035-A, 20-A MRSA §13036, 20-A MRSA §13037, 20-A MRSA §13038, 20-A MRSA §13201

Legislative Document
No. 1569
H.P. 1080
House of Representatives, May 2, 2017
An Act To Revise Certification Statutes for Educational Personnel
Submitted by the Department of Education pursuant to Joint Rule 204.
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KORNFIELD of Bangor.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6103, as amended by PL 2015, c. 395, §§1 to 3, is further 
amended to read: 
§6103.  Criminal history record information conviction data 
Beginning July 1, 2000, approval, certification, authorization a credential 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 a 
credential under chapters 501 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. 
1.  Criminal history record information obtained; reliance.  The commissioner 
shall obtain criminal history record information containing a record of public criminal 
history record information as defined in Title 16, section 703, subsection 8 from the 
Maine Criminal Justice Information System for any person applying for certification, 
authorization, approval a credential or renewal.  The commissioner may rely on 
information provided by the Maine Criminal Justice Information System within 24 
months prior to the issuance of a certificate, authorization, approval credential or renewal. 
2.  Issuance restriction.  Issuance of a certificate, authorization, approval credential 
or renewal to any person whose criminal history record information includes a criminal 
conviction is subject to the provisions of Title 5, chapter 341 and section 13020. 
3.  Confidentiality.  Any information obtained pursuant to this section is 
confidential.  The results of criminal history record checks received by the commissioner 
are for official use only and may not be disseminated outside the department, except that 
the commissioner may outsource administrative functions of software document 
management according to federal outsourcing standards as described in 28 Code of 
Federal Regulations, Section 906.2 (2011) and allow access to these results for that 
purpose. 
3-A.  Fees.  The Commissioner of Public Safety shall assess a fee set annually by the 
Commissioner of Education for each initial criminal history record check and a fee set 
annually by the Commissioner of Education for each renewal criminal history record 
check required by this section. 
4-A.  Phase-in plan.  The fingerprinting and approval process established by this 
section for certain classes of individuals must be phased in as follows: 
A.  The fingerprinting and approval process must be phased in for all persons 
regularly employed in a school during the 1999-2000 school year who require 
department approval to continue in their positions and who have not been 
fingerprinted pursuant to this section prior to enactment of this subsection.  The 
department shall issue each person a temporary approval card valid through a 
specified year from 2001 to 2004.  Prior to July 1st of the year specified on the 
temporary approval card, the person must meet the requirements of this section.  
Once a person has met the requirements of this section, an approval card must be 
issued; 
B.  A person placed under contract by a school and subject to the requirements of this 
section, who has not been fingerprinted prior to the effective date of this subsection, 
must meet these requirements by July 1, 2002; 
C.  A person employed as a substitute who has not been fingerprinted prior to the 
effective date of this subsection must meet the requirements by July 1, 2002.  
Beginning with the 2003-2004 school year, a person employed as a substitute who 
needs fingerprinting and a criminal history record check pursuant to section 13011, 
subsection 8 must meet the requirements of this section within 8 weeks of 
employment by a school administrative unit.  A person employed as a substitute who 
needs fingerprinting and a criminal history record check must be issued a temporary 
approval card by the department.  The temporary approval card is valid for the first 8 
weeks of employment, except that, for a person who has been fingerprinted pursuant 
to this section prior to the 20th day of employment and who has not received the 
results of the criminal history record check prior to the 9th week of employment, the 
temporary approval card remains valid until the commissioner determines whether 
approval is granted or denied based on the criminal history record information 
obtained from the State Bureau of Identification; and 
D.  A regular employee subject to the requirements of this section who begins work 
in a school after the effective date of this subsection must meet these requirements 
prior to the 20th day of employment.  Beginning with the 2003-2004 school year, a 
regular employee who needs fingerprinting and a criminal history record check 
pursuant to section 13011, subsection 8 must meet the requirements of this section 
within 8 weeks of employment by a school administrative unit.  A regular employee 
who needs fingerprinting and a criminal history record check must be issued a 
temporary approval card by the department.  The temporary approval card is valid for 
the first 8 weeks of employment, except that, for a person who has been fingerprinted 
pursuant to this section prior to the 20th day of employment and who has not received 
the results of the criminal history record check prior to the 9th week of employment, 
the temporary approval card remains valid until the commissioner determines 
whether approval is granted or denied based on the criminal history record 
information obtained from the State Bureau of Identification. 
5.  Criminal record information obtained from the Federal Bureau of 
Investigation.  The commissioner shall obtain other state and national criminal history 
record information from the Federal Bureau of Investigation for any person applying for 
certification, authorization, approval a credential or renewal.  The commissioner may rely 
on information provided by the Federal Bureau of Investigation within 24 months prior to 
the issuance of a certificate, authorization, approval credential or renewal. 
6.  Fingerprinting.  The applicant shall submit to having fingerprints taken.  The 
Maine State Police, upon payment by the applicant or any other entity required by law of 
the expenses specified in subsection 3-A, shall take or cause to be taken the applicant's 
fingerprints and shall forward the fingerprints to the State Bureau of Identification so that 
the bureau can conduct state and national criminal history record checks.  Except for the 
portion of the payment, if any, that constitutes the processing fee charged by the Federal 
Bureau of Investigation, all money received by the Maine State Police for purposes of 
this section must be paid over to the Treasurer of State for deposit in the State Police 
program, Other Special Revenue Funds account in the Department of Public Safety for 
the purpose of funding the costs of the Department of Public Safety to administer the 
criminal history record checks under this section.  
7.  Use of criminal history record.  State and federal criminal history record 
information may be used for the purpose of screening educational personnel applicants by 
the commissioner in order to determine whether certification, authorization, approval 
issuance of a credential or a renewal of to educational personnel is granted or maintained. 
8.  Applicant's access to criminal history record check.  The subject of a Federal 
Bureau of Investigation criminal history record check may obtain a copy of a criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33.  The subject of a state criminal record check may 
inspect and review criminal record information pursuant to Title 16, section 709. 
9.  Right of applicant and commissioner to remove fingerprints from fingerprint 
file.  Teachers or educational personnel whose certification, authorization or approval 
credential has expired and who have not applied for renewal of certification, 
authorization or approval a credential may request in writing that the State Bureau of 
Identification remove their fingerprints from the bureau's fingerprint file.  In response to a 
written request, the bureau shall remove the requester's fingerprints from the fingerprint 
file and provide written confirmation of that removal to the requester. 
The commissioner may, without notice to an applicant, remove fingerprints from the 
fingerprint file maintained by the State Bureau of Identification when an applicant has 
had no active credential for 7 years.  An applicant may renew a credential after that 
applicant's fingerprints have been removed from the fingerprint file upon submitting 
again to fingerprinting. 
10.  Criminal History Record Check Fund.  The Criminal History Record Check 
Fund is created as a dedicated fund within the Department of Education for the transfer of 
funds from the Department of Public Safety to cover a portion of the cost of a position 
that issues certificates credentials. The fund may not lapse, but must be carried forward to 
carry out the purposes of this chapter. 
Sec. 2.  20-A MRSA §13001-A is enacted to read: 
§13001-A.  Definitions 
As used in this chapter and chapters 502 and 502-A, unless the context otherwise 
indicates, the following terms have the following meanings. 
1.  Administrator.  "Administrator" means an individual who provides services in 
any of the following capacities: superintendent, assistant superintendent, building 
administrator, assistant building administrator, teaching principal, administrator of special 
education, assistant administrator of special education, administrator of career and 
technical education, assistant administrator of career and technical education, curriculum 
coordinator, director of adult and community education or assistant director of adult and 
community education. 
2.  Certificate.  "Certificate" means the credential issued by the department to a 
qualified individual to serve as a teacher, educational specialist or administrator. 
3.  Clearance.  "Clearance" means the credential issued by the department to a 
qualified individual who has cleared a criminal history record check under section 6103 
to serve as an employee in a position for which certification is not required or as an 
employee of a contracted service provider. 
4.  Conditional certificate.  "Conditional certificate" means the credential issued to a 
teacher, educational specialist or administrator who has not met all of the requirements 
for a certificate or endorsement. 
5.  Credential.  "Credential" means a document issued by the department indicating 
that a person has met the criteria to be certified, conditionally certified or cleared under 
this chapter and chapter 502. 
6.  Criminal history record check.  "Criminal history record check" means the 
fingerprint-based criminal history record check conducted by an entity designated by the 
department under section 6103. 
7.  Educational specialist.  "Educational specialist" means an individual who 
provides professional services in any of the following capacities: athletic director, school 
counselor, library-media specialist, literacy specialist, school psychologist, school nurse, 
special education consultant, speech-language clinician or career and technical education 
evaluator. 
8.  Educator preparation program.  "Educator preparation program" means a 
public or private baccalaureate-level or postbaccalaureate-level program approved by the 
state board to recommend graduates for certification pursuant to chapter 502 as teachers, 
educational specialists or school administrators. 
9.  Endorsement. "Endorsement" means a notation on a certificate issued to a teacher 
that specifies the grades and subject area for which the certificate is valid. A certificate 
may bear one or more endorsements. 
10.  Program completer.  "Program completer" means a person who, by successfully 
completing all of the requirements of an educator preparation program, has qualified for a 
recommendation for certification as a teacher or an educational specialist. 
11.  Semester hours.  "Semester hours" means hours of approved study from an 
accredited 4-year institution of higher education or professional education institution that 
runs on a semester schedule. One semester hour is equivalent to one credit of approved 
study. 
Sec. 3.  20-A MRSA §13004, as amended by PL 2009, c. 567, §10, is further 
amended to read: 
§13004.  List of persons credentialed; records confidential 
1.  Lists.  The commissioner shall keep a list of certified teachers credentialed 
individuals. This list shall be is a public record.  The commissioner shall send copies of 
the list to school boards and superintendents on their request. 
2.  Records confidential.  Transcripts, recommendations and other documents 
submitted in support of an application for certification a credential or collected by the 
department for verification of certification credential records and maintained in the office 
of the commissioner shall be are confidential.  They may only be made available only to 
the following:  
A.    School boards and superintendents; 
B.  Authorized personnel of the department in fulfilling assigned duties; and 
C.  Individuals and their representatives who request to examine their own records. 
2-A.  Confidentiality.  The provisions of this subsection govern confidentiality.  For 
the purposes of this subsection, the term "certification" means certification, authorization 
or approval under this chapter and chapter 502. 
A.  Complaints and responses pursuant to section 13020 and any other information or 
materials that may result in an action to deny, revoke or suspend certification a 
credential are confidential, except when submitted in court proceedings to revoke or 
suspend certification a credential. 
B.  Except for information designated confidential under section 6101 or section 
6103, information designated confidential under paragraph A may be released or used 
by the department as necessary to: 
(1)  Complete its own investigations; 
(2)  Provide information to a national association of state directors of teacher 
education and certification to which the State belongs; 
(3)  Assist other public authorities to investigate the same teacher's certification 
an individual's credential in another jurisdiction; 
(4)  Report or prevent criminal misconduct or assist law enforcement agencies in 
their investigations; or 
(5)  Report child abuse or neglect under Title 22, section 4011-A. 
C.  The department may publish and release as public information statistical 
summaries of complaints and dispositions as long as the release of such information 
does not jeopardize the confidentiality of individually identifiable information. 
D.  Notwithstanding paragraph A, the following information concerning final written 
decisions relating to disciplinary action taken by the commissioner against a person 
holding certification a credential is a public record: 
(1)  The name of the person; 
(2)  The type of action taken, consisting of denial, revocation, suspension, 
surrender or reinstatement; 
(3)  The grounds for the action taken; 
(4)  The relevant dates of the action; 
(5)  The type of certification credential and endorsements held, including relevant 
dates; 
(6)  The schools where the person was or is employed; and 
(7)  The dates of employment. 
2-B.  Addresses of credential holders and applicants.  Home addresses held by the 
department of teachers certified to teach individuals with credentials or applicants for 
credentials in the State may be made available in response to the following:  
A.  Formal request from a commissioner or chief executive officer of other state 
agencies, including the judicial branch when access to that information may be 
necessary in carrying out an official function; and 
B.  Formal request by majority vote of any joint standing committee of the 
Legislature when access to that information may be necessary in carrying out an 
official function. 
The use of these addresses by any other agency or department of government to which 
they may be furnished shall be is limited to the purposes for which they are furnished and 
by the law under which they may be furnished. It shall be is unlawful for any person to 
solicit, disclose, receive, make use of or authorize, knowingly permit, participate in or 
acquiesce in the use of, any list of or names of, or any information concerning, persons 
applying for or receiving assistance, directly or indirectly, derived from the records, 
papers, files or communications of the State or subdivisions or agencies, or acquired in 
the course of the performance of official duties. Any person violating this subsection shall 
must be punished by a fine of not more than $500 or by imprisonment for not more than 
months, or by both. 
3.  Duplication costs.  Individuals requesting copies of their records shall bear the 
costs of copying them. 
4.  Rules.  The state board may adopt rules to carry out this section. 
Sec. 4.  20-A MRSA §13006, as amended by PL 1985, c. 785, Pt. B, §81, is 
repealed. 
Sec. 5.  20-A MRSA §13006-A is enacted to read: 
§13006-A.  Rulemaking 
1.  State board authority.  Except as otherwise provided, the state board has 
authority to adopt rules to implement this chapter, chapter 502 and chapter 502-A.  Rules 
adopted by the state board to implement this chapter and chapter 502 are major 
substantive rules, as defined in Title 5, chapter 375, subchapter 2-A, except that the 
following rules are routine technical rules: 
A.  Rules adopted by the state board to implement chapter 502-A; and 
B.  Rules adopted by the state board to implement section 13011, subsection 8. 
2.  Commissioner authority.  Notwithstanding subsection 1, the commissioner has 
authority to adopt rules: 
A.  To determine the qualifications and process for issuing clearance credentials 
under chapter 502.  These rules are routine technical rules, as defined in Title 5, 
chapter 375, subchapter 2-A; and 
B.  Governing the collection and handling of records and information regarding the 
experiences, qualifications and character of persons seeking credentials under this 
chapter and chapter 502.  These rules are major substantive rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
3.  Application of rules revising credential qualifications.  An amendment to the 
rules adopted to implement this chapter or chapter 502 that revises the qualifications for a 
credential does not apply to a person who was issued a credential prior to or during the 
school year preceding the adoption of revisions to the rules. 
Sec. 6.  20-A MRSA §13007, as amended by PL 2015, c. 389, Pt. C, §1 and c. 
395, §§4 and 5, is further amended to read: 
§13007.  Credential fee; disposition of fees 
1.  Fees.  The commissioner shall establish and assess fees for the initial issuance of 
and the renewal of teacher, education specialist and administrator certificates processing 
of an application for a credential. The commissioner shall, by rule, establish the following 
fees for the credentialing process and the procedures required to assess them: applications 
for credentials. 
A.  Fees for the initial certification process for those teachers, education specialists 
and administrators found eligible and those found ineligible; 
B.  Renewal fees for each active and inactive teacher, education specialist and 
administrator; 
C.  A fee for each additional evaluation of teacher endorsements beyond the initial 
endorsement; 
D.  A fee for duplicate certificates; and 
E.  A fee for administrative portfolios. 
The department shall annually post at the beginning of the fiscal year the fees established 
by the commissioner for the initial issuance of and the renewal of teacher, education 
educational specialist and administrator certificates on its publicly accessible website.  
The commissioner shall adopt rules to carry out this subsection.  Rules adopted under this 
subsection to establish and assess fees for the initial issuance of and the renewal of 
teacher, education specialist and administrator certificates are major substantive rules 
pursuant to Title 5, chapter 375, subchapter 2-A.  A fee established pursuant to this 
subsection may not increase by more than 10% of the previous fiscal year's fee, unless the 
increase is approved by the state board. 
2.  Accounting.  The commissioner shall: 
A.  Collect and account for all certificate fees collected pursuant to subsection 1;  
B.  Report and pay fees collected pursuant to subsection 1, except those fees collected 
and credited to the National Board Certification Scholarship Fund pursuant to 
paragraph C and the National Board Certification Salary Supplement Fund pursuant 
to paragraph D, to the Treasurer of State to be credited to the General Fund; 
C.  Report and pay $50,000 in fiscal year 2012-13 and $75,000 in fiscal year 2013-14 
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 Scholarship 
Fund, Other Special Revenue Funds account within the Department of Education; 
and 
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. 7.  20-A MRSA §13008, sub-§1, as enacted by PL 2011, c. 635, Pt. B, §1, is 
repealed. 
Sec. 8.  20-A MRSA §13008, sub-§2, ¶¶B and C, as enacted by PL 2011, c. 
635, Pt. B, §1, are amended to read: 
B.  The number of program completers who pass certification tests the teacher 
qualifying examinations under section 13032 and the number of those who attain 
provisional licensure a professional teacher certificate in the State; 
C.  The number of program completers who proceed from provisional licensure a 
conditional certificate to a professional licensure certificate; and 
Sec. 9.  20-A MRSA §13011, as amended by PL 2015, c. 395, §§6 and 7, is 
further amended to read: 
§13011.  General authorization of state board 
1.  Credentialing and revocation rules.  All certificates issued or revoked after June 
30, 1988, are in accordance with this chapter.  The state board shall adopt rules to carry 
out the purposes of this chapter under which the commissioner shall:  
A.    Certify Issue certificates to teachers, administrators and other professional 
personnel for service in a public school or in an approved private school, except that 
certification is not required for a person holding a valid license as a speech-language 
pathologist under Title 32, section 17301 who has received approval a clearance 
pursuant to section 13024 to provide speech-language pathology services in a public 
school or approved private school; 
B.  Certify Issue certificates to adult education teachers and other teaching and 
professional personnel in publicly supported educational programs other than 
postsecondary school institutions, colleges and universities; 
C.  Authorize educational technicians for service in schools and approve the 
employment of other semiprofessional personnel; 
D.  Seek a revocation of a certificate or authorization credential in the District Court; 
E.  Certify or authorize Issue certificates to personnel who provide early childhood 
educational programs or developmental therapy to children from birth to 5 years of 
age in the home, in community-based special purpose and integrated programs and in 
public schools; and 
F.  Approve Issue a clearance to all individuals for whom certification or 
authorization is not required prior to being hired or being placed under contract by a 
public school or a private school that enrolls 60% or more publicly funded students. 
2.  Moral character. Rules adopted by the state board under this chapter must 
require that an applicant for certification furnish evidence of:  
A.  Good moral character. 
3.  Teacher certificates.  The state board rules shall recognize at least 3 categories of 
teacher certificates as identified in must establish qualifications for certifying teachers in 
accordance with sections 13012 to 13014 13012-A and 13013. 
4.  Appeal.  An applicant who has been denied the issuance or renewal of a 
certificate or authorization credential by the commissioner under this chapter may appeal 
that denial in accordance with rules established by the state board and consistent with the 
provisions of the Maine Administrative Procedure Act, Title 5, chapter 375. 
5.  Administrator certificates.  The state board rules shall must establish 
qualifications for certifying administrators as identified in sections 13012-A and 13019-A 
for superintendents of schools, principals building administrators and directors of career 
and technical education and shall also establish qualifications for such other certificates 
for administrators as may be determined to be necessary and beneficial for the efficient 
operation of the schools. 
6.  Alternative pathways to certification.  The state board shall develop and adopt 
rules providing a method for a person who has not completed an approved educator 
preparation program as defined under section 13008 to obtain provisional educator 
certification through an alternative pathway that: 
A.  Is designed for candidates who can demonstrate subject matter competency that is 
directly related to the certificate endorsement being sought and obtained through 
prior academic achievement or work experience; 
B.  May feature an accelerated program of preparation; 
C.  Uses mentorship programs that partner teacher candidates with mentor teachers; 
and 
D.  Includes accountability provisions to ensure that teacher candidates demonstrate 
the knowledge and skills established pursuant to section 13012, subsection 2-B prior 
to issuance of a provisional teacher certificate. 
6-A.  Educational specialist certificates.  The state board shall establish 
qualifications for certifying educational specialists as identified in sections 13012-A, 
13019-G and 13022 and for other educational specialists as may be determined to be 
necessary and beneficial for the efficient operation of the schools. 
7.  Credential waiver.  Under rules adopted by the state board, the commissioner 
may grant a waiver for an appropriate period of time to an individual seeking the issuance 
or renewal of a certificate credential.  The commissioner may grant a waiver to an 
individual who: 
A.  Receives allegedly inaccurate, incomplete or untimely information or action from 
the department, the a local support system or a regional support system.  The waiver 
must be for a reasonable period of time to permit the applicant to complete 
certification requirements; or 
B.  Demonstrates compliance with certification credentialing requirements by 
professional alternative methods, including the following: 
(1)  Scores on Graduate Record Examinations demonstrating content area 
proficiency equal to approved course work, with passing scores established under 
rules adopted by the state board; 
(2)  Examinations accepted by state-approved programs in lieu of course work, 
with passing scores established under rules adopted by the state board; 
(3)  Examinations from professional testing corporations demonstrating content 
area proficiency equal to approved course work, with professional testing 
corporations approved by the state board and passing scores established under 
rules adopted by the state board; and 
(4)  Work experience equivalent to outcomes for approved course work and a 
formal recommendation from the state professional organization in that content 
area.  The professional organizations are established under rules adopted by the 
state board.  The waiver is for the duration of the certificate or endorsement 
sought. 
8.  Criminal history record checks.  Criminal history record checks of an applicant 
for certification, authorization, approval or renewal a credential, including renewals, must 
be conducted in accordance with this section, section 6103 and pursuant to rules adopted 
by the state board.  Rules adopted pursuant to this subsection are minor technical rules in 
accordance with Title 5, chapter 375, subchapter II-A. 
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 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. 
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 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. 10.  20-A MRSA §13012, as amended by PL 2011, c. 635, Pt. B, §4, is 
repealed. 
Sec. 11.  20-A MRSA §13012-A is enacted to read: 
§13012-A.  Conditional certificate 
1.  Conditional certificate.  The commissioner may issue a conditional certificate to: 
A.  An individual who has not met all of the requirements for a certificate as set forth 
in section 13013, 13019-A, 13019-G or 13022. 
B.  An individual who is eligible for an endorsement to teach in a teacher shortage 
area as determined by the commissioner; or 
C.  A holder of a professional teacher certificate under section 13013 who is 
transitioning to another endorsement; 
2.  Term.  A conditional certificate is issued for a 3-year period and may not be 
renewed. 
3.  Employment.  A school administrative unit may employ a conditionally certified 
individual who is in the process of becoming professionally certified notwithstanding the 
availability of professionally certified teachers or educational specialists. 
4.  Requirements.  If a school administrative unit employs a conditionally certified 
teacher or educational specialist, the school administrative unit shall: 
A.  Ensure that the conditionally certified teacher or educational specialist receives 
high-quality professional development that is sustained, intensive and classroom-
focused in order to have a positive and lasting impact on classroom instruction while 
teaching; and 
B.  Provide a program of intensive supervision for the conditionally certified teacher 
or educational specialist that consists of structured guidance and regular ongoing 
support or a mentoring program, which is separate from any student-teacher 
requirement that may be required under another authority. 
5.  Program review.  The commissioner may conduct a program review of any 
program developed or administered by a school administrative unit to meet the 
requirements of subsection 4. 
Sec. 12.  20-A MRSA §13013, as amended by PL 2001, c. 534, §4, is further 
amended to read: 
§13013.  Professional teacher certificate 
1.  Definition. A professional teacher certificate is a renewable certificate issued to 
an individual who has held a provisional certificate and has met the qualifications of this 
section, except as provided in subsection 2-A, paragraphs B and D. 
2-A.  Qualifications. State board rules governing the qualifications for a professional 
teacher certificate must require that the certificate may only be issued to an applicant 
who, at a minimum, either: 
A.  Holds a provisional teacher certificate and has taught in a classroom for 2 
academic years or has held a professional teacher certificate that has lapsed within the 
last 5 years.  In this case, an applicant must receive a recommendation to the 
commissioner by an approved support system pursuant to section 13015; 
B.  Is a teacher with 5 or more years of experience teaching within the 7 years prior to 
application in the State under a valid certificate in another state and who has 
graduated from a state-approved preparation program that utilizes the standards of a 
national association of state directors of teacher education and certification or a 
national council for accreditation of teacher education or a national board certificate 
issued by the National Board for Professional Teaching Standards, or its successor 
organization, or, with the exception of the national teachers exam, meets entry-level 
standards for the endorsement; 
C.  Holds a provisional teacher certificate issued pursuant to section 13012, 
subsection 2-A, paragraph D and has taught for at least one year under a provisional 
teacher certificate; or 
D.  Is seeking to hold only adult education or from birth to under age 6 endorsements. 
2-B.  Qualifications.  State board rules governing the qualifications for a 
professional teacher certificate must require that the certificate may be issued only to an 
applicant who, at a minimum: 
A.  Has graduated from an educator preparation program and has passed a qualifying 
exam; 
B.  If seeking a grade 6 to grade 12 endorsement, demonstrates subject matter 
competency obtained through work experience that is directly related to the grade 6 
to grade 12 endorsement being sought; 
C.  If seeking a public preschool to grade 8 endorsement, has held a conditional 
certificate under section 13012-A for 3 years and demonstrates subject matter 
competency obtained through work experience that is directly related to the public 
preschool to grade 8 endorsement being sought; 
D.  If seeking a kindergarten to grade 12 endorsement, has held a conditional 
certificate under section 13012-A for 3 years and demonstrates subject matter 
competency obtained through work experience that is directly related to the 
kindergarten to grade 12 endorsement being sought; 
E.  Has successfully completed a preparation program in a state with which this State 
is participating in an interstate educational certification compact, as long as: 
(1)  The applicant has completed an approved preparation program for the 
endorsement or certificate being sought with a formal recommendation for 
endorsement or certification from the institution; or 
(2)  In the 5 years prior to applying for certification in the State, the applicant has 
years of successful teaching experience under a valid comparable certificate in 
a state with which this State is participating in the interstate compact. 
If advanced study or tests are required in this State, the commissioner has the right, as 
specified in the interstate compact, to issue only a conditional certificate under 
section 13012-A. 
F.  Is seeking to hold only an adult education endorsement or a birth to under age 6 
endorsement. 
3.  Endorsements.  The A professional teacher certificate shall must be issued with 
an endorsement which that specifies the grades and subject area which that the teacher is 
deemed qualified to teach. A holder of a professional teacher certificate may not teach 
outside his or her the certificate holder's area of endorsement unless he or she the 
certificate holder has received a waiver from the commissioner in accordance with state 
board rules.  
4.  Five-year certificate.  A professional teacher certificate shall be is issued for a 5-
year period and may be renewed in accordance with section 13016. 
5.  Renewal.  A professional teacher certificate may be renewed for 5-year periods in 
accordance with state board rules, which must require, at a minimum, that the teacher 
complete at least 6 semester hours of professional or academic study or in-service 
training designed to improve the performance of the teacher in the field. 
Sec. 13.  20-A MRSA §13014, as amended by PL 1985, c. 797, §49, is repealed. 
Sec. 14.  20-A MRSA §13015, as amended by PL 1999, c. 238, §1, is repealed. 
Sec. 15.  20-A MRSA §13016, as amended by PL 2011, c. 669, §8, is repealed. 
Sec. 16.  20-A MRSA §13017-A, as enacted by PL 1993, c. 200, §3, is repealed. 
Sec. 17.  20-A MRSA §13018, as amended by PL 1985, c. 287, §4, is repealed. 
Sec. 18.  20-A MRSA §13019, as enacted by PL 1983, c. 845, §4, is amended to 
read: 
§13019.  Visiting international teacher 
1.  Clearance. A visiting teacher permit is designed to allow those who do not intend 
to enter the teaching profession full time to offer their special expertise to schools from a 
country other than the United States who is participating in a visiting teacher program 
approved by the department may teach in a school as long as the teacher is issued a 
clearance by the department. The visiting teacher shall is authorized to act as an adjunct 
to existing staff and shall may not be used to avoid the hiring of professional, certified 
teachers. 
2.  Qualifications.  A visiting teacher permit shall be issued for a limited period in 
accordance with state board rules. 
Sec. 19.  20-A MRSA §13019-A, as amended by PL 2001, c. 534, §§5 and 6, is 
repealed and the following enacted in its place: 
§13019-A.  Administrator certificate 
1.  Initial certification.  An administrator's certificate is required for: 
A.  Employment as a superintendent of a school administrative unit in the State; 
B.  Employment as a building administrator of a public school and as chief 
administrator of a private school approved for attendance purposes pursuant to 
section 2901, subsection 2, paragraph B; and 
C.  Employment of any other administrator as may be determined to be necessary and 
beneficial for the efficient operation of the schools. 
2.  Qualifications.  State board rules must require that qualifications for an 
administrator certificate include the following: 
A.  Evidence of at least 3 years of satisfactory teaching experience or equivalent; 
B.  Evidence of previous administrative experience in schools or equivalent; 
C.  Academic and professional knowledge as demonstrated through the completion of 
required graduate or undergraduate courses or programs, performance in 
examinations or completion of specialized programs approved for this purpose; 
D.  A basic level of knowledge in competency areas determined by the state board; 
and 
E.  Satisfactory completion of an approved internship or practicum relating to the 
duties of an administrator. 
3.  Certificate renewal.  An administrator's certificate is issued for a 5-year period 
and may be renewed based on further approved study or demonstrated professional 
growth and improvement through an approved administrator action plan in accordance 
with state board rules. 
Sec. 20.  20-A MRSA §13019-B, as amended by PL 2001, c. 534, §§7 and 8, is 
repealed. 
Sec. 21.  20-A MRSA §13019-C, as amended by PL 2011, c. 679, §26, is 
repealed. 
Sec. 22.  20-A MRSA §13019-D, as corrected by RR 1991, c. 2, §67, is repealed. 
Sec. 23.  20-A MRSA §13019-E, as enacted by PL 1985, c. 287, §5, is repealed. 
Sec. 24.  20-A MRSA §13019-F, as amended by PL 2005, c. 152, §§3 and 4, is 
repealed. 
Sec. 25.  20-A MRSA §13019-G is enacted to read: 
§13019-G.  Educational specialist certificate 
1.  Qualifications.  The state board shall adopt rules establishing the qualifications 
for an educational specialist certificate. 
2.  Initial certificate.  An educational specialist certificate is required for 
employment as an educational specialist at a public school or a private school approved 
for attendance purposes pursuant to section 2901, subsection 2, paragraph B. 
3.  Certificate renewal.  An educational specialist's certificate is issued for a 5-year 
period and may be renewed based on further approved study or demonstrated professional 
growth and improvement through an approved action plan in accordance with state board 
rules. 
Sec. 26.  20-A MRSA §13021, as amended by PL 1985, c. 287, §6, is repealed. 
Sec. 27.  20-A MRSA §13023, as amended by PL 2015, c. 395, §8, is repealed. 
Sec. 28.  20-A MRSA §13024, as amended by PL 2005, c. 662, Pt. A, §§38 to 40, 
is further amended to read: 
§13024.  Clearance for person paid to work in school 
1.  Clearance.  A person paid to work in a school in a position that does not require 
certification or authorization must be issued an approval a clearance by the department.  
This section applies to: 
A.  Personnel employed in a public school or an approved private school as regular or 
substitute employees; 
B.  Personnel in a private school that enrolls more than 60% of its students at public 
expense; 
C.  Personnel employed by or serving the school administrative unit as contracted 
service providers; and 
D.  Personnel for whom certification or authorization is not required prior to being 
hired or being placed under contract by a public school or an intermediate educational 
unit. 
2.  Qualifications.  The commissioner shall adopt rules to define the function, 
eligibility, term and renewal of the approval clearance under subsection 1.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3.  Fees.  The commissioner shall assess fees for approvals under subsection 1.  The 
fee is $15 for the initial approval and for renewal. 
Sec. 29.  20-A MRSA §13025, as enacted by PL 2013, c. 167, Pt. D, §1, is 
amended to read: 
§13025.  Investigations 
When conducting an investigation relating to the certification of teachers and other 
professional credentialing of personnel under chapter 501 and this chapter and rules of 
the state board, the commissioner may issue subpoenas for education records relevant to 
that investigation. 
Sec. 30.  20-A MRSA §13032, as amended by PL 2001, c. 471, Pt. A, §24, is 
further amended to read: 
§13032.  Qualifying examination 
The provisional A professional teacher certificate under section 13013, subsection 
2-B, paragraph A may only be issued only to those applicants an applicant who have has 
taken and passed the teacher qualifying examination.  The examination may be 
administered in separate parts and may be taken by applicants for provisional teacher 
certificates at any time after completion of the sophomore year of attendance at a post-
secondary higher education institution. The examination must test the applicant in the 
following area: 
4.  Basic skills.  Basic skills, which include reading, writing and mathematics. 
The applicant is responsible for the costs associated with taking the teacher 
qualifying examination. 
Sec. 31.  20-A MRSA §13034, as enacted by PL 1983, c. 859, Pt. I, §§2 and 3, is 
repealed. 
Sec. 32.  20-A MRSA §13035-A, as enacted by PL 1999, c. 569, §3 and affected 
by §6, is repealed. 
Sec. 33.  20-A MRSA §13036, as enacted by PL 1983, c. 859, Pt. I, §§2 and 3, is 
repealed. 
Sec. 34.  20-A MRSA §13037, as enacted by PL 1999, c. 569, §4 and affected by 
§6, is repealed. 
Sec. 35.  20-A MRSA §13038, as enacted by PL 1999, c. 569, §4 and affected by 
§6, is repealed. 
Sec. 36.  20-A MRSA §13201, first ¶, as amended by PL 2011, c. 172, §2 and 
affected by §4, is further amended to read: 
The superintendent shall nominate all teachers, subject to such regulations governing 
salaries and the qualifications of teachers as the school board makes.  Upon the approval 
of nominations by the school board, the superintendent may employ teachers so 
nominated and approved for such terms as the superintendent determines proper, subject 
to the approval of the school board.  The superintendent, subject to the approval of the 
school board, shall implement a program to support probationary teachers pursuant to 
section 13015.  Prior to May 15th before the expiration of a first, 2nd or 3rd year 
probationary teacher's contract, the superintendent shall notify the teacher in writing of 
the superintendent's decision to nominate or not nominate that teacher for another 
teaching contract.  If, after receiving a complaint from a teacher, the commissioner finds 
that the superintendent has failed to notify a teacher of a decision not to nominate that 
teacher, the school administrative unit shall pay a forfeiture to the teacher.  The amount 
of that forfeiture must be equal to the teacher's per diem salary rate times the number of 
days between the notification deadline and the date on which notification is made or on 
which the complaint is filed, whichever occurs first.  In case the superintendent of schools 
and the school board fail to legally elect a teacher, the commissioner has the authority to 
appoint a substitute teacher who serves until such election is made. 
Sec. 37.  20-A MRSA c. 511, as amended, is repealed. 
Sec. 38.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 20-A, chapter 501, in the chapter headnote, the words 
"certification and registration of teachers" are amended to read "credentialing of teachers" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
Sec. 39.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 20-A, chapter 502, in the chapter headnote, the words 
"certification of educational personnel" are amended to read "credentialing of educational 
personnel" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
Sec. 40.  Application.  A certificate, approval or authorization issued pursuant to 
the Maine Revised Statutes, Title 20-A, chapters 501, 502 and 502-A before the effective 
date of this Act is valid until the termination date of the certificate, approval or 
authorization. 
Sec. 41.  Effective date.  This Act takes effect on July 1, 2018. 
SUMMARY 
This bill amends the laws governing the credentialing process for teachers, 
educational specialists and administrators, and replaces references to the certification, 
authorization and approval of teachers and educational personnel with references to 
credentialing teachers and educational personnel.