An Act To Facilitate a Statewide Teacher Contract
Maine Legislature, Session 128, LD 1555
Committee: Education and Cultural Affairs
Sponsors: TIMBERLAKE
Amends: 26 MRSA §962, 26 MRSA §965

Legislative Document
No. 1555
H.P. 1071
House of Representatives, May 2, 2017
An Act To Facilitate a Statewide Teacher Contract
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 TIMBERLAKE of Turner.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  26 MRSA §962, sub-§5-A is enacted to read: 
5-A.  Public education employee.  "Public education employee" means: 
A.  Any employee of a public school who fills any position that the Department of 
Education requires be filled by a person who holds the appropriate certification or 
license required for that position and: 
(1)  Holds appropriate certification from the Department of Education, including 
an employee whose duties include, in addition to those for which certification is 
required, either the setup, maintenance or upgrading of a school computer system 
the use of which is to assist in introducing new learning to students or providing 
school faculty orientation and training related to use of the school computer 
system for educational purposes; or 
(2)  Holds an appropriate license issued to a professional employee by a licensing 
agency of the State; and 
B.  Any employee of a public school who fills any position not included in paragraph 
A, the principal function of which is to introduce new learning to students, except 
that a coach who is employed by a public school and who is not otherwise covered by 
the definition of "public education employee" or an employee who is employed in 
adult education as defined in Title 20-A, section 8601-A, subsection 1 and who is not 
otherwise covered by the definition of "public education employee" may not be 
considered a public education employee for purposes of section 965. 
"Public education employee" does not include any employee of a public school who fills 
a position that is required to be filled by a person holding a certificate pursuant to Title 
20-A, section 13019-A, 13019-B or 13019-C. 
Sec. 2.  26 MRSA §962, sub-§§8 and 9 are enacted to read: 
8.  Public school.  "Public school" means: 
A.  Any public school conducted within the State under the authority and supervision 
of a duly elected board of education, superintending school committee or school 
directors; and 
B.  Public charter schools, as authorized by Title 20-A, chapter 112. 
9.  State.  "State" means the State of Maine represented by the Governor or the 
Governor's authorized representative. 
Sec. 3.  26 MRSA §965, sub-§1, ¶C, as amended by PL 2009, c. 107, §5, is 
further amended to read: 
C.  To confer and negotiate in good faith with respect to wages, hours, working 
conditions and contract grievance arbitration, except that by such obligation neither 
party may be compelled to agree to a proposal or be required to make a concession 
and except that public employers of teachers shall meet and consult but not negotiate 
with respect to educational policies; for the purpose of this paragraph, educational 
policies may not include wages, hours, working conditions or contract grievance 
arbitration.  This paragraph does not apply to the negotiation of salary and benefits 
for public education employees; 
Sec. 4.  26 MRSA §965, sub-§1-A is enacted to read: 
1-A.  Public education employees negotiation.  This subsection governs the 
negotiation of salary and benefits for public education employees. 
A.  Notwithstanding any other provision of this section, solely for negotiation of 
salary and benefits for public education employees, the State is considered the public 
employer subject to all limitations and responsibilities provided in this chapter. It is 
the obligation of the State and the bargaining agent representing public education 
employees across the State to bargain collectively for salary and benefits for public 
education employees in accordance with this subsection.  For the purposes of this 
subsection, "collective bargaining" means the mutual obligation of the State and the 
bargaining agent representing public education employees: 
(1)  To meet at reasonable times; 
(2)  To meet within 10 days after receipt of written notice from the other party 
requesting a meeting for collective bargaining purposes, as long as the parties 
have not otherwise agreed in a prior written contract;  
(3)  To execute in writing any agreements arrived at. The term of any such 
agreement is subject to negotiation but may not exceed 3 years; 
(4)  To participate in good faith in the mediation, fact-finding and arbitration 
procedures required by this section; and 
(5)  To confer and negotiate in good faith with respect to salary and benefits. 
B.  Any cost item related to this subsection is the financial responsibility of the State. 
The cost item must be based upon student-staff ratios established by rule adopted by 
the Department of Education.  Rules adopted pursuant to this paragraph are major 
substantive rules pursuant to Title 5, chapter 375, subchapter 2-A. 
A cost item related to this subsection must be submitted for inclusion in the 
Governor's next operating budget within 10 days after the date on which the 
agreement is ratified by the parties. If the Legislature rejects any of the cost items 
related to this subsection submitted to the Legislature, all cost items related to this 
subsection must be returned to the parties for further bargaining. 
For purposes of this paragraph, "cost item" means any benefit acquired through 
collective bargaining the implementation of which requires an appropriation by the 
Legislature. 
C.  Any organization representing public education employees may file a request with 
the State alleging that a majority of the public education employees across the State 
wish to be represented for the collective bargaining purposes of this subsection 
between the State and the organization. Such a request must describe the grouping of 
jobs or positions that constitute the unit claimed to be appropriate and must include a 
demonstration of majority support. The State shall grant such a request for 
recognition unless the State desires an election, pursuant to section 967, subsection 2, 
to determine whether the organization represents a majority of the members in the 
bargaining unit. 
D.  Aside from the negotiation of salary and benefits under this subsection, a public 
education employee remains an employee of the public employer. 
E.  All other matters appropriate to collective bargaining must be negotiated pursuant 
to subsection 1 by the public employer and the bargaining agent determined under 
section 966. 
This subsection does not prohibit the negotiation of salary and benefits in addition to 
what is negotiated between the State and the bargaining agent under this subsection. 
Sec. 5.  Funding plan.  The Commissioner of Education shall develop a plan for 
funding the implementation of this Act, including how the funding will be incorporated in 
a new school funding formula for the 2019-2020 school year. 
SUMMARY 
This bill allows a public employer of teachers to designate the State as its 
representative in collective bargaining negotiations for the purpose of encouraging 
consistent teacher contracts statewide.