An Act To Help New Teachers Succeed
Maine Legislature, Session 129, LD 0345
Committee: Education and Cultural Affairs
Sponsors: McCREA, CARPENTER, BABBIDGE, BRYANT, CAIAZZO, DODGE, FARNSWORTH, MARTIN, TUELL
Amends: 20-A MRSA §1055, 20-A MRSA §13201, 20-A MRSA §13704

Legislative Document
No. 345
H.P. 271
House of Representatives, January 24, 2019
An Act To Help New Teachers Succeed
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 CARPENTER of Aroostook and
Representatives: BABBIDGE of Kennebunk, BRYANT of Windham, CAIAZZO of 
Scarborough, DODGE of Belfast, FARNSWORTH of Portland, MARTIN of Sinclair, 
McDONALD of Stonington, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §1055, sub-§10, as amended by PL 2011, c. 635, Pt. A, §1, 
is further amended to read:
10.  Supervise school employees.  The superintendent is responsible for 
implementing a performance evaluation and professional growth system for all teachers 
and principals pursuant to chapter 508 and an evaluation system for all other employees 
of the school administrative unit.  The superintendent shall evaluate probationary teachers 
during, but not limited to without limitation, their 2nd each year of their employment as 
probationary teachers.  The method of evaluation must be determined by the school 
board, be in compliance with the requirements of chapter 508 and be implemented by the 
superintendent.
Sec. 2.  20-A MRSA §13201, as amended by PL 2017, c. 235, §36 and affected by 
§41, is repealed and the following enacted in its place:
§13201.  Nomination and election of teachers; teacher contracts
1.  Nomination; forfeiture.  The superintendent shall nominate all teachers, subject 
to such regulations governing salaries and the qualifications of teachers as the school 
board makes.  Upon the approval of nominations by the school board, the superintendent 
may employ teachers so nominated and approved for such terms as the superintendent 
determines proper, subject to the approval of the school board.  Prior to May 15th before 
the expiration of a first, 2nd or 3rd year probationary teacher's contract, the 
superintendent shall notify the teacher in writing of the superintendent's decision to 
nominate or not nominate that teacher for another teaching contract.  If, after receiving a 
complaint from a teacher, the commissioner finds that the superintendent has failed to 
notify a teacher of a decision not to nominate that teacher, the school administrative unit 
shall pay a forfeiture to the teacher.  The amount of that forfeiture must be equal to the 
teacher's per diem salary rate times the number of days between the notification deadline 
and the date on which notification is made or on which the complaint is filed, whichever 
occurs first. In case the superintendent and the school board fail to legally elect a teacher, 
the commissioner has the authority to appoint a substitute teacher who serves until such 
election is made. 
2.  Contracts.   This subsection applies to teacher contracts.
A.  After a probationary period of 3 years, or if a probationary teacher has not 
received a summative effectiveness rating indicating ineffectiveness pursuant to 
chapter 508 during the first or 2nd year of the probationary teacher's contract after a 
probationary period of 2 years, subsequent contracts of duly certified teachers must 
be for not less than 2 years. Unless a duly certified teacher receives written notice to 
the contrary at least 6 months before the terminal date of the contract, the contract 
must be extended automatically for one year and similarly in subsequent years, 
except for duly certified teachers who received a summative effectiveness rating 
indicating ineffectiveness pursuant to chapter 508 for the preceding school year. The 
right to an extension for a longer period of time through a new contract is specifically 
reserved to the contracting parties. Unless a duly certified teacher who received a 
summative effectiveness rating indicating ineffectiveness pursuant to chapter 508 for 
the preceding school year receives written notice to the contrary from the 
superintendent not later than May 15th, the contract must be extended automatically 
for one year.
B.  Just cause for dismissal or nonrenewal is a negotiable item in accordance with the 
procedure set forth in Title 26, chapter 9-A for teachers who have served beyond the 
probationary period.
C.  After a probationary period of 2 or 3 years, in accordance with paragraph A, any 
teacher who receives notice in accordance with this section that the teacher's contract 
is not going to be renewed may, during the 15 days following such notification, 
request a hearing with the school board.  The teacher may request reasons.  The 
hearing must be private except by mutual consent and except that either or both 
parties may be represented by counsel.  That hearing must be granted within 30 days 
of the receipt of the teacher's request.
3.  Termination upon elimination of a teaching position.  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. 3.  20-A MRSA §13704, sub-§5, ¶D, as enacted by PL 2011, c. 635, Pt. A, 
§3, is amended to read:
D.  Formation of a steering committee composed of teachers, administrators and 
other school administrative unit staff that regularly reviews and refines the 
performance evaluation and professional growth system to ensure that it is aligned 
with school administrative unit goals and priorities; and
Sec. 4.  20-A MRSA §13704, sub-§6, as corrected by RR 2011, c. 2, §18, is 
amended to read:
6.  Professional improvement plan.  The opportunity for an educator who receives a 
summative effectiveness rating indicating ineffectiveness in any given year to implement 
a professional improvement plan.; and
Sec. 5.  20-A MRSA §13704, sub-§7 is enacted to read:
7.  Special procedures for probationary teachers.  Special procedures for 
probationary teachers that include the following:
A.  A formal evaluation during, without limitation, each year of the probationary 
teacher's employment as a probationary teacher;
B.  Observations of professional practice and formative feedback throughout each 
year of the probationary period; and
C.  A written explanation of any deficiencies in effectiveness that are found pursuant 
to an evaluation or during observations of professional practice, and a plan, including 
professional development if warranted, to address the deficiency.
SUMMARY
This bill requires a probationary teacher to be evaluated during each year of 
employment as a probationary teacher and provides that if a 3rd-year probationary 
teacher does not receive a summative effectiveness rating indicating ineffectiveness 
during the first or 2nd year of the probationary teacher's contract, the probationary 
teacher's contract must be extended automatically.  This bill also requires special 
procedures for probationary teachers in a school administrative unit's performance 
evaluation and professional growth system.