Resolve, Regarding Legislative Review of Portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, a Late-filed Major Substantive Rule of the State Board of Education
Maine Legislature, Session 128, LD 0404
Committee Amendment CA_A_H495 (House)

COMMITTEE AMENDMENT "A" to H.P. 295, L.D. 404, "Resolve, Regarding 
Legislative Review of Portions of Chapter 115: Certification, Authorization and Approval 
of Education Personnel, a Late-filed Major Substantive Rule of the State Board 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: 
Certification, Authorization and Approval of Education Personnel, a provisionally 
adopted major substantive rule of the State Board 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 to the provisionally adopted major substantive rule: 
1. 
The rule must be amended in Part I, Section 4, 4.2, C, which concerns the 
determination of eligibility for alternative pathways for ce1tification by the Department of 
Education, by restoring the cunent language of this section regarding the waiver of the 
requirement for student teaching upon documentation of substantial teaching experience; 
2. 
The rule must be amended in current Part I, Section 12, which concerns the 
functions and eligibility of substitute personnel, by revising the section header and the 
section provisions to address the functions and eligibility of long-term substitute 
personnel by: 
A. Restoring the current language of 12.1, A and amending the provision to specify 
that substitute personnel may serve on a long-term basis; 
B. Restoring the current language of 12.1, B; 
C. Restoring the current language of 12.2, A and amending the provision to specify 
the eligibility that the Department of Education can specify for substitute personnel 
on a long-term basis; 
D. 
Restoring the current language of 12.2, B, 1 and amending the provision to 
specify that substitute teachers and education specialists may serve on a long-term 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A" to H.P. 295, L.D. 404 
basis and to establish that a school administrative unit may consider a waiver if 
finding candidates that meet the eligibility criteria is difficult; and 
E. Restoring the cun-ent language of 12.2, B, 4; 
3. The rule must be amended in cmTent Part I, Section 13, which was renumbered as 
Section 12 and which concerns the reinstatement of a lapsed certificate, authorization or 
approval of educational personnel, by restoring the section as Section 13 since Section 12 
will be restored and amended; 
4. The rule must be amended in Part I, Section 13, which was renumbered as Section 
12, by striking all of new Section 12, 12.5, which concerns the reinstatement of revoked 
certification; 
5. Since Part I, Section 12 will be restored and amended, all the cross-references to 
the cun-ent provisions of Part I that follow Section 12 that are restored must be restored; 
6. The rule must be amended in Part II, Section 1, 1.2, B, 2, (d), which concerns the 
development of Endorsement Eligibility Pathway 2 for elementary school teachers, by 
clarifying that the endorsement eligibility is subject to the completion of courses that 
include 3 semester hours in reading methods and 3 semester hours in writing instruction 
methods; 
7. The rule must be amended in Part II, Section 1, 1.5, B, 1, (d), which concerns the 
development of Endorsement Eligibility Pathway 1 for public preschool through grade 12 
teachers, by clarifying that the endorsement eligibility is subject to passing the content 
area assessment for Art, Music, Theater and Dance for the Entry Level Teacher's 
Assessment; 
8. The rule must be amended in Part II, Section 1, 1.5, B, 2, (d), which concerns the 
development of Endorsement Eligibility Pathway 2 for public preschool through grade 12 
teachers, by clarifying that the endorsement eligibility is subject to passing the content 
area assessment for Art; Music, Theater and Dance for the Entry Level Teacher's 
Assessment; and 
9. The rule must be amended in Part II, Section 3, 3.1, B, 1, (e), which concerns the 
development of endorsement for secondary career and technical education teachers in 
grades 9 through 12, by clarifying that the endorsement eligibility is subject to meeting 
the cut score on the Basic Skills Test in reading, writing and mathematics or earning a 
passing grade in 2 college-level courses in English language arts and mathematics. 
The State Board of Education is not required to hold hearings or undettake further 
proceedings prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment provides that final adoption of portions of Chapter 115: 
Certification, Authorization and Approval of Education Personnel, a provisionally 
adopted major substantive rule of the State Board of Education that was filed outside the 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT ·A "to H.P. 295, L.D. 404 
legislative rule acceptance period, is authorized contingent upon the board's making 
specified changes to the proposed rule. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/17 feac:. 
LD404 
LR2222(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 115: Certification, Authorization and 
Approval of Education Personnel, a Late-filed Major Substantive Rule of the State Board of 
Fiscal Detail and Notes 
Education 
~ 
Fiscal Note for Bill as Amended by Committee Amendment '~' ( H .. '-i-Cf '=?J 
Committee: Education and Cultural Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Education to implement the requirements of this legislation can be absorbed 
within existing budgeted resources. 
LR2222(02) - Fiscal Note - Page 1 of 1