An Act To Improve Teacher Certification during Staffing Shortages
Maine Legislature, Session 130, LD 1169
Committee: Education and Cultural Affairs
Sponsors: SAMPSON
Amends: 20-A MRSA §13012-B

Legislative Document
No. 1169
H.P. 847
House of Representatives, March 22, 2021
An Act To Improve Teacher Certification during Staffing Shortages
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13012-B is enacted to read:
§13012-B.  Emergency educator certificate
Upon the identification of an educator staffing shortage in the State, the commissioner 
may issue emergency certificates to teachers, specialists and administrators in accordance 
with this section.  The commissioner shall issue an emergency certificate to an applicant 
who meets the requirements of this section.  The commissioner shall provide to an applicant 
who is not qualified information regarding any remaining requirements and other 
certification options available to the applicant.  The commissioner may issue an emergency 
certificate under this section only to address the identified staffing shortage and only in a 
manner that ensures that the person issued an emergency certificate does not supplant an 
otherwise qualified and available teacher, specialist or administrator.
1. Emergency teacher certificate.  The commissioner may issue an emergency 
teacher certificate under this section to an applicant who has submitted to a criminal history 
background check and who:
A. Holds a 4-year postsecondary degree or the equivalent in work or academic 
experience;
B. Is enrolled in an approved teacher preparation program; or
C. Holds a certification as an education technician III issued according to rules of the 
department pursuant to section 13019-H.
A teacher holding an emergency teacher certificate shall participate in a mentoring program 
provided by the department or a school administrative unit. A certificate issued pursuant to 
this subsection is issued for a one-year period and no more than 3 emergency certificates 
may be issued per applicant.
2. Educator and administrator certification reciprocity.  The commissioner may 
issue a reciprocal emergency certificate pursuant to this section to a teacher, specialist or 
administrator who has submitted to a criminal history background check and holds a 
comparable certificate in another state or country.  A certificate issued pursuant to this 
subsection is issued for a 5-year period.
SUMMARY
Pursuant to Governor Mills’ Executive Order #7 in fiscal year 2020-21, the 
Commissioner of Education was authorized to issue emergency certification to teachers, 
specialists and administrators who meet certain criteria, so long as the applicants are 
employed only as necessary to meet identified staffing shortages and supplement, rather 
than supplant, otherwise qualified applicants who meet regular certification standards.  This 
bill makes that authority of the Commissioner of Education permanent.