An Act Regarding the Probationary Period for Teachers
Maine Legislature, Session 129, LD 0729
Committee: Education and Cultural Affairs
Sponsors: DODGE, BELLOWS, COLLINGS, FARNSWORTH, HARNETT, INGWERSEN, SYLVESTER, TALBOT ROSS
Amends: 20-A MRSA §1055, 20-A MRSA §13201

Legislative Document
No. 729
H.P. 534
House of Representatives, February 11, 2019
An Act Regarding the Probationary Period for Teachers
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DODGE of Belfast.
Cosponsored by Senator BELLOWS of Kennebec and
Representatives: COLLINGS of Portland, FARNSWORTH of Portland, HARNETT of 
Gardiner, INGWERSEN of Arundel, McCREA of Fort Fairfield, SYLVESTER of Portland, 
TALBOT ROSS of Portland.
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, their 2nd year of employment, except that the superintendent 
shall evaluate teachers who completed 3 years of a probationary period in another school 
administrative unit during their first year of employment.  The method of evaluation must 
be determined by the school board, be in compliance with the requirements of chapter 
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 further amended to read:
§13201.  Nomination and election of teachers; teacher contracts
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.  For a teacher who completed 3 years of a probationary period 
in a school administrative unit and is later employed by another school administrative 
unit, the superintendent shall notify the teacher in writing of the superintendent's decision 
to nominate or not nominate that teacher for another teaching contract prior to May 15th 
before the expiration of the first year of that teacher's 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 of schools 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.
After a probationary period of 3 years or one year for teachers who completed 3 years 
of a probationary period in a school administrative unit and are later employed by another 
school administrative unit, 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.
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.
After a the probationary period of 3 years, 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.
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.
SUMMARY
This bill provides that if a teacher completed a 3-year probationary period in a school 
administrative unit and later teaches in another school administrative unit, that teacher 
will only have a one-year probationary period in the new school administrative unit.