An Act To Amend the Teacher Certification Statutes
Maine Legislature, Session 130, LD 1189
Committee: Education and Cultural Affairs
Sponsors: BRENNAN
Amends: 20-A MRSA §13001-A, 20-A MRSA §13011, 20-A MRSA §13013, 20-A MRSA §13019, 20-A MRSA §13019-H, 20-A MRSA §13020, 20-A MRSA §13022, 20-A MRSA §13031, 20-A MRSA §13032

Legislative Document
No. 1189
H.P. 867
House of Representatives, March 22, 2021
An Act To Amend the Teacher Certification Statutes
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 BRENNAN of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §13001-A, sub-§2, as enacted by PL 2017, c. 235, §2 and 
affected by §41, is amended to read:
2.  Certificate.  "Certificate" means the credential issued by the department to a 
qualified individual to serve as a teacher, educational specialist, educational technician or 
administrator.
Sec. 2.  20-A MRSA §13001-A, sub-§7, as enacted by PL 2017, c. 235, §2 and 
affected by §41, is amended to read:
7.  Educational specialist.  "Educational specialist" means an individual who provides 
professional services to a school, including, but not limited to, an athletic director, school 
counselor, library-media specialist, literacy specialist, school psychologist, school nurse, 
special education consultant, speech-language clinician or career and technical education 
evaluator.
Sec. 3.  20-A MRSA §13011, sub-§1, as amended by PL 2017, c. 235, §9 and 
affected by §41, is further amended to read:
1.  Credentialing, authorization and revocation rules.  The state board shall adopt 
rules to carry out the purposes of this chapter under which the commissioner shall:
A.  Issue certificates to teachers, administrators, educational specialists, educational 
technicians and other professional personnel for service in a public school or in an 
approved private school, except that certification is not required for a person holding a 
valid license as a speech-language pathologist under Title 32, section 17301 who has 
received a clearance pursuant to section 13024 to provide speech-language pathology 
services in a public school or approved private school;
B.  Issue certificates to adult education teachers and other teaching and professional 
personnel in publicly supported educational programs other than postsecondary school 
institutions, colleges and universities;
D.  Seek a revocation of a credential in the District Court;
E.  Issue certificates to personnel who provide early childhood educational programs 
or developmental therapy to children from birth to 5 years of age in the home, in 
community-based special purpose and integrated programs and in public schools; and
F.  Issue a clearance to all individuals for whom certification is not required prior to 
being hired or being placed under contract by a public school or a private school that 
enrolls 60% or more publicly funded students.; and
G.  Issue authorizations to educational technicians for service in a public school or in 
an approved private school.
Sec. 4.  20-A MRSA §13011, sub-§2, as amended by PL 2005, c. 152, §2, is 
repealed.
Sec. 5.  20-A MRSA §13013, sub-§2-B, ¶A, as enacted by PL 2017, c. 235, §12 
and affected by §41, is amended to read:
A.  Has graduated from an educator preparation program and has passed a qualifying 
exam;
Sec. 6.  20-A MRSA §13013, sub-§2-B, ¶B, as amended by PL 2019, c. 518, §2, 
is repealed.
Sec. 7.  20-A MRSA §13013, sub-§2-B, ¶C, as amended by PL 2017, c. 381, §15, 
is further amended to read:
C.  Has successfully completed a preparation program in a state with which the State 
is participating in an interstate compact, district, United States Territory or other 
country, subject to the following: completion of an approved preparation program for 
the endorsement or certificate being sought with a formal recommendation for 
certification from the institution.
(1)  Completion of an approved preparation program for the endorsement or 
certificate being sought with a formal recommendation for certification from the 
institution; and
(2)  In the 5 years prior to applying for certification in this State, the applicant has 
years of successful teaching experience under a valid comparable certificate in a 
state with which the State is participating in the interstate compact.
If advanced study or tests are required in the State, the commissioner has the right, as 
specified in the interstate compact, to issue only a conditional certificate under section 
13012‑A; or
Sec. 8.  20-A MRSA §13019, sub-§1, as amended by PL 2017, c. 235, §18 and 
affected by §41, is further amended to read:
1.  Clearance.  A teacher from a country other than the United States who is 
participating in a visiting teacher program established and administered by the department 
or, a locally established sister-school exchange or a locally established language immersion 
program may teach in a school as long as the teacher is issued a clearance by the department 
in the State.  The teacher is may be authorized to act as an adjunct to existing staff and may 
not be used to avoid the hiring of professional, certified teachers.
Sec. 9.  20-A MRSA §13019-H, as enacted by PL 2017, c. 235, §25 and affected 
by §41, is amended to read:
§13019-H.  Educational technician certificate authorization
1.  Requirement.  An educational technician certificate authorization is required for 
employment as an educational technician at a public school or a private school approved 
for attendance purposes pursuant to section 2901, subsection 2, paragraph B, if the 
employed individual will:
A.  Introduce new learning plans developed in consultation with the classroom teacher 
or appropriate content specialist; and
B.  Supervise small groups of students in community-based programs.
2.  Qualifications.  The state board shall adopt rules establishing the qualifications and 
supervision for an educational technician certificate authorization.
3.  Certificate Authorization renewal.  An educational technician certificate 
authorization is issued for a 5-year period and may be renewed in accordance with state 
board rules, which must require, at a minimum, that the educational technician, whether 
employed or unemployed, complete at least 3 semester hours of professional or academic 
study or the equivalent or in-service training designed to improve the performance of the 
educational technician in the field.
Sec. 10.  20-A MRSA §13020, sub-§3, as amended by PL 2019, c. 165, §2, is 
further amended to read:
3.  Denial of certificate for prior immoral or prohibited conduct.  Evidence that an 
applicant for initial certification or renewal has injured the health or welfare of a child 
through physical or sexual abuse or exploitation been convicted in any state or federal court 
of a criminal offense involving the physical or sexual abuse or exploitation of a child within 
years of the application for initial certification or renewal is grounds for a denial of a 
certificate. Evidence that an applicant for initial certification or renewal as a school 
psychologist or guidance counselor has advertised, offered or administered conversion 
therapy as defined in Title 32, section 59‑C, subsection 1 to a child is grounds for a denial 
of a certificate. Notwithstanding Title 5, chapter 341, every person who, within 5 years of 
the application for initial certification or renewal, has been convicted in any state or federal 
court of a criminal offense involving the physical or sexual abuse or exploitation of a child 
may be presumed by the commissioner to lack good moral character for the purposes of 
this chapter. This presumption is a rebuttable presumption. Notwithstanding Title 5, 
chapter 341, the commissioner is entitled to consider all records of prior criminal 
convictions involving child abuse or exploitation in determining an applicant's eligibility 
for a certificate.
Sec. 11.  20-A MRSA §13022, sub-§1, ¶A, as enacted by PL 2011, c. 386, §2, is 
amended to read:
A.  "School psychologist" means a professional certified by the department as a school 
psychologist who provides school psychological services consistent with the national 
standards articulated by in current federal and state education regulations and rules and 
under the domains of practice in the most current Model for Comprehensive and 
Integrated School Psychological Services as developed and published by the National 
Association of School Psychologists.  "School psychologist" includes a school 
psychologist - doctoral and a school psychologist - specialist.
Sec. 12.  20-A MRSA §13022, sub-§3, as amended by PL 2011, c. 386, §2, is 
further amended to read:
3.  Qualifications.  State board rules governing the qualifications for a school 
psychologist certificate must require that a certificate be issued only to an applicant who 
has met the academic and preprofessional requirements established by the state board for 
the provision of school psychological services and who, at a minimum:
A.  Holds a graduate degree from an accredited program in school psychology that was 
approved by the National Association of School Psychologists/National Council for 
Accreditation of Teacher Education or the American Psychological Association in 
School Psychology or the department at the time the degree was awarded; or
B.  Has completed graduate work that is determined by the commissioner to be 
substantially similar to the programs referred to in paragraph A; or
C.  Holds a valid license from the State Board of Examiners of Psychologists with 
demonstrated competency in the area of school psychology as established by the state 
board through training and experience.
Sec. 13.  20-A MRSA §13022, sub-§4, as amended by PL 2011, c. 386, §2, is 
further amended to read:
4.  Term of issuance.  The commissioner shall issue a school psychologist certificate 
for a term of years consistent with rules adopted by the state board.  The length of the term 
may vary among certificate holders so as to be coterminous with any other professional 
license or certificate held by the school psychologist.  The school psychologist certificate 
may be renewed in accordance with academic and professional requirements established 
by the state board.  A certificate holder must be supervised for the first year following initial 
certification at no additional cost to the school administrative unit or the department.  The 
state board shall require evidence of supervision prior to renewing a first-year certificate. 
Supervision of the first-year school psychologist must be in accordance with supervision 
standards established by the National Association of School Psychologists or a successor 
organization and provided by a person who is certified as a school psychologist under 
subsection 2 and is:.
A.  A member of the Maine Association of School Psychology or a successor 
organization; or
B.  Employed by or under contract with a school administrative unit.
Sec. 14.  20-A MRSA §13022, sub-§8, as amended by PL 2011, c. 386, §2, is 
further amended to read:
8.  Transition.  Persons certified as school psychological service providers and school 
psychological examiners on or after October 13, 1993 may continue to provide the services 
authorized by their respective certificates until the scheduled expiration of those 
certificates.  The state board's rules must contain a schedule affording all certified school 
psychological service providers a reasonable amount of time to meet the requirements of 
the certificate authorized by subsection 2.
Sec. 15.  20-A MRSA §13031, as enacted by PL 1983, c. 859, Pt. I, §§2 and 3, is 
amended to read:
§13031.  Purpose
The Legislature declares that the purpose of this chapter is to establish standardized 
qualifying examinations for those persons seeking provisional professional teacher 
certificates to teach in the State.
Sec. 16.  20-A MRSA §13032, first ¶, as amended by PL 2017, c. 235, §30 and 
affected by §41, is further amended to read:
A professional teacher certificate may be issued only to those applicants who have 
taken and passed the teacher qualifying examination.  This limitation does not apply to 
applicants seeking a certificate under section 13013, subsection 2‑B, paragraph B, but such 
applicants must meet any exam requirement necessary for the endorsement being sought.
Sec. 17.  Transition period. An educational technician holding a valid educational 
technician certificate on the effective date of this Act is deemed to be authorized for service 
in public schools and approved private schools for the remainder of the term of the 
certificate.
Sec. 18.  Rulemaking. The State Board of Education shall amend Department of 
Education rule Chapter 115 regarding the credentialing of education personnel in 
accordance with this Act.  Rules adopted pursuant to this Act are routine technical rules as 
defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill does the following regarding the certification of education personnel.
1. It requires an educational technician to get an authorization rather than a certificate 
for serving in public schools or approved private schools.
2.  It amends the definition of "educational specialist."
3. It repeals the requirement for rules adopted by the State Board of Education to 
include that applicants furnish evidence of good moral character.
4.  It revises the qualifications for a professional teacher certificate.
5.  It provides that a criminal conviction for a criminal offense involving physical or 
sexual abuse or exploitation of a child within 5 years of an application for initial 
certification or renewal is grounds for a denial of a certificate.
6.  It amends the definition, qualifications and terms of issuance of a certification for a 
school psychologist.
7.  It directs the State Board of Education to amend its certification rules.  Rules 
amended for the purpose of implementing this legislation are designated as routine 
technical rules rather than major substantive rules.