An Act To Simplify the In-service Days Requirement in Education
Maine Legislature, Session 128, LD 0978
Committee: Education and Cultural Affairs
Sponsors: TUELL, MAKER, ALLEY, GINZLER, HANINGTON, SAMPSON, SIMMONS
Amends: 20-A MRSA §4801

Legislative Document
No. 978
H.P. 691
House of Representatives, March 9, 2017
An Act To Simplify the In-service Days Requirement in Education
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator MAKER of Washington and
Representatives: ALLEY of Beals, GINZLER of Bridgton, HANINGTON of Lincoln, 
SAMPSON of Alfred, SIMMONS of Waldoboro.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation gives school administrative units greater flexibility in 
scheduling in-service education for teachers; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to be in effect for the next school year; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §4801, sub-§1, as amended by PL 2015, c. 60, §1, is further 
amended to read: 
1.  Number.  A school administrative unit shall make provision for the maintenance 
of all of its schools for at least 180 days a year.  At least 175 days shall must be used for 
instruction.  In meeting the requirement of a 180-day school year, no more than 5 days or 
total hours may be used for in-service education of teachers, administrative meetings, 
parent-teacher conferences, records' days and similar activities. 
A.  The commissioner may reduce or waive the minimum number of days required on 
application from a school board.  The commissioner may authorize an equivalent 
number of hours to be substituted for days for a limited time period upon application 
from a school board.  The application must be supported in writing with a statement 
of the reasons for the request. 
B.  Notwithstanding any other section of the statutes, school committees, with the 
approval of the commissioner, may adopt or amend rules necessary to implement an 
extended school year at the local level.  The commissioner may make appropriate 
adjustments, not to exceed the allowable subsidy, to insure fair and equitable 
treatment in the distribution of state aid. 
C.  Notwithstanding this subsection, the commissioner shall promulgate adopt a rule 
to provide that local school units may allow secondary school students to graduate up 
to 5 school days prior to the regular end of the school year. 
D.  A school administrative unit, operating under a plan approved by the 
commissioner, may provide for the use of up to 5 of the 175 instructional days 
required by this section to be used for screening incoming first year students for the 
purpose of identifying children with disabilities and students at risk of school failure 
as required by state or federal law. 
F.  A school administrative unit operating under a plan approved by the 
commissioner may provide for a one-hour extension of the school day for up to 25 
days in a school year.  Notwithstanding the required number of school days under this 
subsection, 5 one-hour extensions may be counted as one additional school day.  A 
school administrative unit may, with the approval of the commissioner pursuant to 
rules adopted in accordance with this subsection, implement extended days pursuant 
to this paragraph only for the purpose of making up school days missed due to 
weather or emergency closures. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill changes the law regarding school administrative units' scheduling from 
allowing 5 days to be used for in-service education of teachers, administrative meetings, 
parent-teacher conference, records' days and similar activities to allowing 5 days or 40 
total hours.