Resolve, Regarding Legislative Review of Portions of Chapter 115: the Credentialing of Educational Personnel, a Late-filed Major Substantive Rule of the Department of Education
Maine Legislature, Session 128, LD 1852
Committee Amendment CA_A_H739 (House)

COMMITTEE AMENDMENT" ft,, to H.P. 1289, L.D. 1852, "Resolve, Regarding 
Legislative Review of Portions of Chapter 115: the Credentialing of Educational 
Personnel, a Late-filed Major Substantive Rule of the Department of Education" 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 115: 
The Credentialing of Educational Personnel, a provisionally adopted major substantive 
rule of the Department of Education that has been submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A outside the 
legislative rule acceptance period, is authorized only if the following changes are made: 
1. The rule must be amended in Part I to require that school administrative units 
establish and maintain local credentialing committees substantially as proposed in the 
Department of Education's proposals submitted to the Joint Standing Committee on 
Education and Cultural Affairs on March 19, 2018 attached to the documents entitled 
"Quick View: Rule Chapter 115, Part 1
and "Work Session for LD 1852: Committee 
Requests and DOE Responses
; 
2. The rule must be amended in Part I, Section 6 to restore the provisions in the 
current rule Chapter 115, Section 10.1 governing the qualifications and supervision of 
educational technicians I and II and to restore the requirement that educational 
technicians be credentialed with certificates by the Department of Education; 
3. The rule must be amended in Part I, Section 6(9)(D) to clarify that the standards 
determined by the school administrative unit for substitute personnel to serve for less than 
weeks would require that substitute personnel have the minimum of a high school 
diploma; 
4. 
The rule must be amended in Part I, Section 3 to revise the definition of 
11certificate
to make the correct reference to the Maine Revised Statutes, Title 20-A, 
section 13001-A, subsection 2; 
5. The rule must be amended in Part I, Section 6(2)(B)(2)(B) to clarify that in the 5 
years prior to applying for a Maine certification, the applicant must have 3 years of 
COMMITTEE AMENDMENT 
~· .,. 
COMMITTEE AMENDMENT ".A" to H.P. 1289, L.D. 1852 
successful teaching experience under an appropriate comparable certificate in the same 
certification subject area and grade level in any state; 
6. The rule must be amended in Part I, Section 4(2)(A)(3) to maintain the general 
credential requirements for the 6-month certification review in the electronic data system 
and to remove the reference to the Exhibit 1 NEO position codes that correspond with the 
certifications or endorsements in Part II of the rule; 
7. The rule must be amended in Part I to ensure that all equivalencies between 6 
semester hours and 90 hours of in-service training for renewal are consistent throughout 
Part I; 
8. The rule must be amended in Part I to correct all cross-references to conform with 
other changes required pursuant to this resolve; and 
9. The rule must be amended in Part II to remove all provisionally adopted changes 
to Part II. Final adoption of the provisionally adopted changes to Part II of the rule is not 
authorized. 
The Department of Education is not required to hold hearings or undertake further 
proceedings prior to final adoption of the rule in accordance with this section; and be it 
further 
Sec. 2. 
Department of Education; major substantive rulemaking. 
Resolved: That, by January 11, 2019, the Department of Education shall provisionally 
adopt and submit to the Legislature for review any amendments to its Chapter 115 rules 
relating to the requirements for specific certificates and endorsements in the credentialing 
of education personnel that the department finds are necessary to align its Chapter 115 
rules with applicable laws, other rules and any applicable department practices and 
policies.' 
SUMMARY 
This amendment provides that fmal adoption of portions of Chapter 115: The 
Credentialing of Educational Personnel, a provisionally adopted major substantive rule of 
the Department of Education, is authorized contingent upon the department's making 
specified changes to the proposed rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/18 *ac.. 
LD 1852 
LR2948(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 115: the Credentialing of Educational 
Personnel, a Late-filed Major Substantive Rule of the Department of Education 
)\ 
Fiscal Note for Bill as Amended by Committee Amendment 'A,' { /-I- J 3 C/j 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Education associated with the rulemaking process can be absorbed within 
existing budgeted resources. 
LR2948(02) - Fiscal Note - Page 1 of 1