An Act To Protect Teachers from Unfair Evaluations
Maine Legislature, Session 129, LD 1338
Committee: Education and Cultural Affairs
Sponsors: McCREA, MILLETT, AUSTIN, BRYANT, CARDONE, DODGE, DOORE, FARNSWORTH, MADIGAN, MARTIN
Amends: 20-A MRSA §13201, 20-A MRSA §13703

Legislative Document
No. 1338
H.P. 966
House of Representatives, March 21, 2019
An Act To Protect Teachers from Unfair Evaluations
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: AUSTIN of Skowhegan, BRYANT of Windham, CARDONE of Bangor, 
DODGE of Belfast, DOORE of Augusta, FARNSWORTH of Portland, MADIGAN of 
Waterville, MARTIN of Sinclair.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13201, last ¶, as amended by PL 2011, c. 635, Pt. A, §2, is 
further amended to read:
The right to terminate a contract, after due notice of 90 days, is reserved to the school 
board when changes in local conditions warrant the elimination of the teaching position 
for which the contract was made. The order of layoff and recall is a negotiable item in 
accordance with the procedures set forth in Title 26, chapter 9-A.  In any negotiated 
agreement, the criteria negotiated by the school board and the bargaining agent to 
establish the order of layoff and recall must include the teacher's effectiveness rating 
pursuant to chapter 508 as a factor and may also include, but may not be limited to, 
seniority.
Sec. 2.  20-A MRSA §13703, as enacted by PL 2011, c. 635, Pt. A, §3, is amended 
to read:
§13703.  Use of effectiveness rating
A superintendent shall may use effectiveness ratings of educators to inform strategic 
human capital decision making, including, but not limited to, decision making regarding 
recruitment, selection, induction, mentoring, professional development, compensation, 
assignment and dismissal.
Receipt Subject to an appeal and grievance filed under the terms of an applicable 
collective bargaining agreement, receipt of summative effectiveness ratings indicating 
that a teacher is ineffective for 2 consecutive years constitutes just cause for nonrenewal 
of a teacher's contract unless the ratings are the result of bad faith as long as there is a 
reasonable basis in fact for the effectiveness ratings, the evaluation process leading to the 
effectiveness ratings has been performed consistent with the approved system and 
department rules implementing this chapter and the effectiveness ratings were reached in 
good faith.
Any appeal of, or grievance relating to, an evaluation conducted pursuant to this 
chapter or an effectiveness rating resulting from implementation of a system is limited to 
matters relating to the implementation of the system or the existence of bad faith in an 
evaluation or the assignment of a rating.  The professional judgment involved in an 
evaluation or implementation of the system is not subject to appeal or grievance.
In accordance with the terms of an applicable collective bargaining agreement, a 
teacher may file an appeal of and grievance relating to an evaluation conducted pursuant 
to this chapter or an effectiveness rating issued pursuant to this chapter.  When an appeal 
or grievance is filed, if there is a reasonable basis in fact for the effectiveness rating, the 
evaluation process leading to the effectiveness rating has been performed consistent with 
the approved system and department rules implementing this chapter and the 
effectiveness rating was reached in good faith, the person or entity authorized to 
determine the appeal or grievance under the applicable collective bargaining agreement 
shall determine that the effectiveness rating is supported and must be retained.  If the 
person or entity determines that one or more of the criteria are not met, the effectiveness 
rating must be rescinded.
SUMMARY
This bill removes the requirement in current law that the criteria to establish the order 
of layoff and recall of teachers must include the teacher's effectiveness rating as a factor.  
It also amends the provisions in current law governing the use of teacher effectiveness 
ratings.