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Amend the bill by inserting after the title and before the enacting clause the following:
‘ Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each House have determined it necessary to enact this measure.
Amend the bill in Part A by striking out all of section 2 and inserting the following:
‘Sec. A-2. 20-A MRSA §13201, 5th ¶, as amended by PL 2011, c. 172, §2 and affected by §4, 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.’
Amend the bill in Part A in section 3 in §13701 by inserting at the end the following:
 
‘4.  Professional improvement plan.     "Professional improvement plan" means a written plan developed by a school or district administrator with input from an educator that outlines the steps to be taken over the coming year to improve the effectiveness of the educator. The plan must include but need not be limited to appropriate professional development opportunities.
 
5.  Summative effectiveness rating.    "Summative effectiveness rating" means the effectiveness rating of an educator that is assigned at the end of an evaluation period. Ratings or comments provided to the educator during the evaluation period for the purpose of providing feedback, prior to assignment of a final effectiveness rating, are not summative effectiveness ratings.’
Amend the bill in Part A in section 3 in §13702 in the indented paragraph in the last line (page 2, line 32 in L.D.) by inserting after the following: "pursuant to this chapter" the following: 'and must be approved by the department'
Amend the bill in Part A in section 3 in §13703 by striking out all of the 2nd indented paragraph (page 3, lines 1 and 2 in L.D.) and inserting the following:
‘
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.’
Amend the bill in Part A in section 3 in §13703 in the last indented paragraph in the 3rd line (page 3, line 5 in L.D.) by inserting after the following: "implementation of the system" the following: 'or the existence of bad faith in an evaluation or the assignment of a rating'
Amend the bill in Part A in section 3 in §13704 by striking out all of subsections 4 and 5 inserting the following:
 
‘4.  Professional development.     A process for using information from the evaluation process to inform professional development;
 
5.  Implementation procedures.     Implementation procedures that include the following:
 
A.  Evaluation of educators on a regular basis, performed by one or more trained evaluators. The frequency of evaluations may vary depending on the effectiveness level at which the educator is performing, but observations of professional practice, formative feedback and continuous improvement conversations must occur throughout the year for all educators;
 
B.  Ongoing training on implementation of the system to ensure that all educators and evaluators understand the system and have the knowledge and skills needed to participate in a meaningful way;
 
C.  A peer review component to the evaluation and professional growth system and opportunities for educators to share, learn and continually improve their practice; and
 
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
 
6.  Professional improvement plan.    The opportunity for a educator who receives a summative effectiveness rating indicating ineffectiveness in any given year to implement a professional improvement plan.’
Amend the bill in Part A in section 3 in §13706 by striking out all of the indented paragraph (page 4, lines 22 to 26 in L.D.) and inserting the following:
‘
The department shall adopt rules to implement this chapter, including but not limited to a rule relating to the method of identifying the educator or educators whose effectiveness ratings are affected by the measurement of learning or growth of a particular student. The department shall also adopt rules pertaining to the approval of performance evaluation and professional growth systems pursuant to section 13702. Rules adopted pursuant to this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.’
Amend the bill in Part A in section 4 in paragraph D in the 2nd line (page 4, line 29 in L.D.) by inserting after the following: "have" the following: 'or be in the process of developing'
Amend the bill in Part A by inserting after section 5 the following:
‘Sec. A-6. Council created. The Maine Educator Effectiveness Council, referred to in this section as "the council," is created to make recommendations regarding implementation of the Maine Revised Statutes, Title 20-A, chapter 508 to the Commissioner of Education and the Joint Standing Committee on Education and Cultural Affairs.
1. Members. The council consists of the Commissioner of Education or the commissioner's designee and the following members, appointed by the Commissioner of Education:
A. A member of the State Board of Education, nominated by the state board;
B. Four public school teachers, at least one of whom is a special education teacher, appointed from a list of names provided by the Maine Education Association;
C. A member representing educators in tribal schools in this State, appointed from a list of names provided by the respective tribal schools that are affiliated with Maine Indian Education;
D. Two public school administrators, appointed from a list of names provided by the Maine Principals' Association and the Maine School Superintendents Association;
E. Two members of school boards, appointed from a list of names provided by the Maine School Boards Association;
F. One faculty member representing approved educator preparation programs;
G. Two members of the business community; and
H. Two members of the general public with interest and experience in the education field.
 
The council must be cochaired by the Commissioner of Education and one other council member elected by the full membership of the council. The council may establish subcommittees and may appoint persons who are not members of the council to serve on the subcommittees as needed to conduct the council's work.
2. Duties. The council shall recommend standards for implementing a system of evaluation and support of teachers and principals consistent with the requirements of Title 20-A, chapter 508. The council shall:
A. Recommend a set of professional practice standards applicable to teachers and a set of professional practice standards applicable to principals;
B. Recommend a 4-level rating scale with clear and distinct definitions applicable to teachers and principals;
C. Recommend potential measures of student learning and growth;
D. Recommend the major components of an evaluation process, including but not limited to:
(1) Ongoing training to ensure that evaluators and teachers and principals have a full understanding of the evaluation system and its implementation;
(2) Methods of gathering evidence for the evaluation, which may include observation by supervisors and peers, self-reflection, student or parent surveys, analysis of artifacts and evidence portfolios;
(3) Methods of providing feedback to teachers and principals for formative evaluation purposes;
(4) Weighting of measures used in evaluating teachers and principals, which must provide that student learning and growth indicators inform a significant portion of the effectiveness rating;
(5) Methods for aligning district, school and classroom goals using the evaluation system; and
(6) Methods for linking summative effectiveness ratings to human capital decisions; and
E. Recommend a system of supports and professional development linked to effectiveness ratings for teachers and principals, including a process for developing and implementing a professional improvement plan.
3. Report. The Commissioner of Education shall submit a report regarding the work of the council to the Joint Standing Committee on Education and Cultural Affairs no later than November 1, 2012. The report must include the council's recommendations regarding implementation of the requirements set forth in Title 20-A, chapter 508 and recommendations regarding the continuing work of the council.
4. Staff assistance. The Department of Education shall provide staff assistance to the council. The department may seek and employ grant funds to provide additional assistance.
5. Council continuation. The council is authorized to continue meeting, if it so desires, 90 days after adjournment of the First Regular Session of 126th Legislature.’
Amend the bill in Part B in section 1 in §13008 in subsection 2 in the first line (page 5, line 12 in L.D.) by striking out the following: "outcomes from"
Amend the bill in Part B in section 1 in §13008 in subsection 3 in the last 2 lines (page 5, lines 24 and 25 in L.D.) by striking out the following: "The state board shall take this data into consideration when reviewing educator preparation programs."
Amend the bill in Part B in section 2 by striking out all of subsection 6 and inserting the following:
 
‘6.  Alternative pathways to certification.     The state board shall develop and adopt rules providing a method for a person who has not completed an approved educator preparation program as defined under section 13008 to obtain provisional educator certification through an alternative pathway that:
 
A.  Is designed for candidates who can demonstrate subject matter competency that is directly related to the certificate endorsement being sought and obtained through prior academic achievement or work experience;
 
B.  May feature an accelerated program of preparation;
 
C.  Uses mentorship programs that partner teacher candidates with mentor teachers; and
 
D. Includes accountability provisions to ensure that teacher candidates demonstrate the knowledge and skills established pursuant to section 13012, subsection 2-B prior to issuance of a provisional teacher certificate.’
Amend the bill in Part B by inserting after section 2 the following:
‘Sec. B-3. 20-A MRSA §13011, sub-§10, as enacted by PL 2003, c. 445, §2, is amended to read:
 
10. Conditional certificate; transitional endorsement; exception.  A conditional certificate is a certificate for teachers and educational specialists who have not met all of the requirements for a provisional or professional certificate. A school administrative unit may employ a conditionally certified teacher or educational specialist who is in the process of becoming professionally certified notwithstanding the availability of provisionally or professionally certified teachers or educational specialists. Any amendment to the rules adopted pursuant to this chapter that revises the qualifications for a conditional certificate or transitional endorsement does not apply to a person who was issued a conditional certificate or transitional endorsement prior to or during the school year preceding the adoption of revisions to the rules as long as the holder of the conditional certificate or transitional endorsement annually completes the required course work and testing as determined by the department for the school year preceding the adoption of revised rules.’
Amend the bill in Part B in section 3 in subsection 2-A in the 4th line (page 6, line 4 in L.D.) by striking out the following: "10" and inserting the following: '15'
Amend the bill in Part B by striking out all of section 4 and inserting the following:
‘Sec. B-4.  Certification rules. The State Board of Education shall amend its rules relating to certification of educators under the Maine Revised Statutes, Title 20-A, section 13012 to require that any person seeking an endorsement to teach kindergarten to grade 8 students must demonstrate proficiency in math and reading instruction, including evidence-based reading instruction. For the purposes of this section, "evidence-based reading instruction" means instructional practices that have been proven by systematic, objective, valid and peer-reviewed research to lead to predictable gains in reading achievement. The requirement must apply to all teachers and educational specialists, including teachers in special education and teachers of English language learners.
Sec. B-5. Alternative certification working group. The State Board of Education shall establish a working group to develop one or more alternative certification pathways that meet the standards set forth in the Maine Revised Statutes, Title 20-A, section 13011, subsection 6. Members of the State Board of Education shall participate in the working group, and the State Board of Education shall invite the participation of representatives of the Maine Education Association, the Maine School Superintendents Association, the Maine Principals' Association, the Maine School Boards Association, Maine Administrators of Services for Children with Disabilities and Maine Administrators of Career and Technical Education, representatives of approved educator preparation programs, parents and the business community and other interested parties. The working group shall submit a report describing one or more alternative certification pathways to the State Board of Education and the Commissioner of Education. The State Board of Education shall submit the report to the Joint Standing Committee on Education and Cultural Affairs no later than November 1, 2012. The report must include pathway descriptions, the working group's recommendations and any draft legislation or rules needed to implement the recommendations.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment makes the following changes to the provisions in the bill that require school administrative units to develop and implement a system of evaluation and support for teachers and principals. The amendment accomplishes the following.
1. It strikes the word "significant" from the provision in the bill that requires that when a reduction in force is required the effectiveness rating would have to be a significant factor in determining the order of layoff and recall.
2. It creates a definition of "professional improvement plan" and a definition of "summative effectiveness rating."
3. It clarifies that the Department of Education must approve performance evaluation and professional growth systems for educators established by school administrative units.
4. It clarifies that a summative effectiveness rating indicating ineffectiveness for 2 consecutive years constitutes just cause for nonrenewal of a teacher's contract, unless the ratings are the result of bad faith.
5. It provides that teachers found to be ineffective must be allowed to implement a professional improvement plan.
6. It provides that the rules adopted by the Department of Education must include provisions related to the department's approval of the performance evaluation and professional growth systems for educators established by school administrative units.
7. It clarifies that a school administrative unit is eligible to receive targeted educator evaluation funds if it has begun the process of developing a performance evaluation and professional growth system.
8. It creates the Maine Educator Effectiveness Council to develop detailed standards for implementation of the educator performance evaluation and professional growth systems.
9. It removes the provision requiring the State Board of Education to consider outcome data for persons who have completed an educator preparation program in the review and evaluation of educator preparation programs in the State.
10. It provides additional guidance for the development of rules that provide for alternative pathways to obtain provisional certification.
11. It clarifies that school administrative units may employ conditionally certified teachers notwithstanding the availability of fully certified teachers, which Department of Education Rule Chapter 115 currently forbids.
12. It changes the minimum student teaching time from 10 to 15 weeks, to align with existing requirements in Department of Education rules.
13. It clarifies the language related to evidence-based reading instruction and clarifies that the requirement that a person seeking an endorsement to teach kindergarten to grade 8 students must demonstrate proficiency in math and reading instruction also applies to educational specialists.
14. It establishes an alternative certification working group to develop pathways consistent with the new alternative certification laws proposed in the bill.
15. It adds a mandate preamble.
FISCAL NOTE REQUIRED
(See attached)