CHAPTER 60
H.P. 1122 - L.D. 1530
Resolve, Regarding Legislative Review of Portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, a Major Substantive Rule of the Department of Education
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, a provisionally adopted major substantive rule of the Department of Education that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only for the part of the rule specified as "Part I, Section 8, Administrator Certificates" and for the part of the rule specified as "Part II, Section 4, Administrator Certificates" only if the rules proposed for Part II, Section 4 are amended as follows.
1. The rule must be amended in the part designated "Part II, Section 4, subsection 4.1, paragraph B, subparagraph 1, division (g)" to clarify that the requirements for either eligibility pathway for a superintendent's certificate must include the completion of an approved internship or practicum based on the Interstate School Leaders Licensure Consortium standards.
2. The rule must be amended in the part designated "Part II, Section 4, subsection 4.1, paragraph B, subparagraph 2" to clarify that the eligibility pathway for a superintendent that meets the Interstate School Leaders Licensure Consortium standards must include a reference to the Maine-approved program for a superintendent's certificate.
3. The rule must be amended in the part designated "Part II, Section 4, subsection 4.3, paragraph B, subparagraph 1, division (e)" to clarify that the eligibility pathway for a special education administrator must include the satisfactory completion of an approved internship or practicum that is based on the Interstate School Leaders Licensure Consortium standards.
4. The rule must be amended in the part designated "Part II, Section 4, subsection 4.5, paragraph B, subparagraph 1, division (f)" to clarify that the eligibility pathway for a building administrator must include the satisfactory completion of an approved internship or practicum that is based on the Interstate School Leaders Licensure Consortium standards and also relates to the duties of a principal or career and technical education administrator.
5. The rule must be amended in the part designated "Part II, Section 4, subsection 4.10, paragraph B" to clarify that the eligibility pathway for a curriculum coordinator must include the satisfactory completion of an approved internship or practicum that is based on the Interstate School Leaders Licensure Consortium standards; and be it further
Sec. 2. Finding; filing of revised rule. Resolved: That the Joint Standing Committee on Education and Cultural Affairs has determined that the provisionally adopted major substantive rule may require significant revisions by the Maine Department of Education following the pending decision of the United States Department of Education regarding the Consolidated State Application for State Grants under Title IX, Part C, Section 9302 of the federal Elementary and Secondary Education Act, Public Law 107-110. The Joint Standing Committee on Education and Cultural Affairs has determined that the Department of Education and the State Board of Education should review the remaining portions of the provisionally adopted major substantive rule that were not finally adopted, including but not limited to those portions of the rule pertaining to certification of teachers and authorization of educational technicians, and should file a revised rule in accordance with the requirements for state agency rule-making procedures for a major substantive rule pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. In proceeding with the filing of the revised rule for the remaining portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, the Department of Education shall also consider the concerns raised by interested parties during public hearings and work sessions on this rule conducted by the Joint Standing Committee on Education and Cultural Affairs related to other portions of the provisionally adopted major substantive rule that are not necessarily subject to the educator quality requirements of the federal Elementary and Secondary Education Act as amended by the No Child Left Behind Act of 2001.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective June 3, 2003.
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