An Act To Amend Teacher Evaluation Requirements
Maine Legislature, Session 128, LD 0633
Committee: Education and Cultural Affairs
Sponsors: McCREA, MILLETT, BABBIDGE, DAUGHTRY, FARNSWORTH, FULLER, GERRISH, MARTIN, SAMPSON, MAKER
Amends: 20-A MRSA §13704, 20-A MRSA §13706

Legislative Document
No. 633
H.P. 449
House of Representatives, February 16, 2017
An Act To Amend Teacher Evaluation Requirements
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREA of Fort Fairfield.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: BABBIDGE of Kennebunk, DAUGHTRY of Brunswick, FARNSWORTH of 
Portland, FULLER of Lewiston, GERRISH of Lebanon, MARTIN of Sinclair, SAMPSON of 
Alfred, Senator: MAKER of Washington.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §13704, sub-§1, ¶A, as enacted by PL 2011, c. 635, Pt. A, 
§3, is amended to read: 
A.  The department shall provide, by rule, a set of standards of professional practice 
or a set of criteria for determining acceptable locally determined standards for 
teachers and a set of standards of professional practice or a set of criteria for 
determining acceptable locally determined standards for principals;. 
Sec. 2.  20-A MRSA §13704, sub-§1, ¶B is enacted to read: 
B.  The rules adopted pursuant to paragraph A may include, but may not require, the 
use of student learning and growth measures or state assessment results as a measure 
of educator effectiveness; 
Sec. 3.  20-A MRSA §13704, sub-§2, as enacted by PL 2011, c. 635, Pt. A, §3, is 
amended to read: 
2.  Multiple measures of effectiveness.  Multiple measures of educator 
effectiveness, other than standards of professional practice, including but not limited to 
student learning and growth; 
Sec. 4.  20-A MRSA §13704, sub-§3, ¶A, as amended by PL 2015, c. 3, §1, is 
further amended to read: 
A.  The rating must be based on standards of professional practice and measures of 
educator effectiveness.  The proportionate weight of the standards and the measures 
is a local decision, but measurements of student learning and growth must be a 
significant factor in the determination of the rating of an educator.  School 
administrative units shall use state assessment growth data for English language arts, 
literacy and mathematics as at least one measure of the performance of English 
language arts and mathematics teachers in tested grades and as a measure for the 
performance of principals. 
An educator whose summative effectiveness rating indicates ineffectiveness must 
receive an annual summative effectiveness evaluation and rating until the rating 
improves. 
An individualized education plan may not be used to measure student growth for the 
purposes of teacher and principal evaluation, but an individualized education plan 
may be a source of evidence from which learning objectives and learning targets may 
be developed. 
Sec. 5.  20-A MRSA §13706, as amended by PL 2015, c. 3, §2, is further amended 
to read: 
§13706.  Rules 
The department shall adopt rules to implement this chapter, including but not limited 
to a rule relating to the method of identifying the educator or educators whose 
effectiveness ratings are affected by the measurement of learning or growth of a 
particular student.  The department shall also adopt rules pertaining to the approval of 
performance evaluation and professional growth systems pursuant to section 13702.  The 
department shall also adopt rules pertaining to the ongoing monitoring of the 
implementation and results of district performance evaluation and professional growth 
systems.  Rules adopted pursuant to this section are major substantive rules pursuant to 
Title 5, chapter 375, subchapter 2-A. 
Sec. 6.  Rulemaking.  Pursuant to the Maine Revised Statutes, Title 20-A, sections 
13704 and 13706, the Department of Education shall adopt major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A to amend the department's Rule Chapter 
180: Performance Evaluation and Professional Growth Systems to implement the 
provisions of this Act. 
SUMMARY 
This bill removes the requirement that student learning and measures of growth and 
state assessment results be used to measure educator effectiveness.