Bill Summary – FastDemocracy

APPROVED                  CHAPTER
                                                                   JUNE 16, 2021                 228
                                                                 BY GOVERNOR               PUBLIC LAW
                                  STATE OF MAINE
                                           _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                           _____
                                  H.P. 867 - L.D. 1189
              An Act To Amend the Teacher Certification Statutes
   Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, revisions to the educator certification and reciprocal professional
certification statutes necessary for the adoption of any emergency rulemaking related to
emergency teacher certification must be in place for the 2021-2022 school year; 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 enacted by the People of the State of Maine as follows:
    Sec. 1. 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. 2. 20-A MRSA §13012-B is enacted to read:
§13012-B. Emergency teacher certificate and reciprocal professional 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 teacher certificate or
reciprocal professional 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 teacher certificate or reciprocal
professional certificate under this section only to address the identified staffing shortage
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and only in a manner that ensures that the person issued an emergency teacher certificate
or reciprocal professional 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 educator 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 teacher
certificates may be issued per applicant.
    2. Reciprocal professional certificate. The commissioner may issue a reciprocal
professional 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, the District of Columbia, a United States territory or another country. A
certificate issued pursuant to this subsection is issued for a 5-year period.
    Sec. 3. 20-A MRSA §13013, sub-§2-B, as amended by PL 2019, c. 518, §2, is
repealed and the following enacted in its place:
     2-B. Qualifications. State board rules governing the qualifications for a professional
teacher certificate must require that the certificate may be issued only to an applicant who,
at a minimum, meets one of the following criteria:
    A. Has graduated from an educator preparation program;
    B. Has met the criteria established by the state board by:
        (1) Passing a qualifying examination;
        (2) Meeting grade point average requirements in required course work; or
        (3) Successful completion of a portfolio review demonstrating competency through
        academic or work experience;
    C. Has successfully completed a preparation program in another state, the District of
    Columbia, a United States territory or another country, subject to the completion of an
    approved preparation program for the endorsement or certificate being sought with a
    formal recommendation for certification from the institution that provided the program;
    or
    D. Is otherwise qualified by having met the criteria established by the state board for
    teaching in a specified content area.
    Sec. 4. 20-A MRSA §13019, sub-§1, as amended by PL 2017, c. 235, §18 and
affected by §41, is further amended to read:
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     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. 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. 5. 20-A MRSA §13019-H, sub-§4 is enacted to read:
    4. Emergency educational technician certificate. The commissioner may issue an
emergency certificate pursuant to this section to an applicant who has submitted to a
criminal history background check and has successfully completed a program in this State
approved for targeting essential skills and knowledge for performing permitted
responsibilities. A certificate issued pursuant to this subsection is issued for a 5-year
period.
    Sec. 6. 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. 7. 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;
    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. 8. 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
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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. 9. 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. 10. 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. 11. 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. 12. Rulemaking; applicability. The State Board of Education shall amend
Department of Education rule Chapter 115 regarding the credentialing of education
personnel in accordance with this Act. Notwithstanding the Maine Revised Statutes, Title
20-A, section 13006-A, subsection 3, a person who is subject to the provisions of Title
20-A, section 13006-A, subsection 3 on the effective date of this Act may choose to be
certified either pursuant to the rules effective prior to the effective date of this Act or under
the amended rules adopted by the State Board of Education pursuant to this Act.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected: 
Bill Text LD 1189, HP 867: 20-A.13001, 20-A.13011, 20-A.13013, 20-A.13019, 20-A.13020, 20-A.13022, 20-A.13031, 20-A.13032
Bill Text ACTPUB , Chapter 228: 20-A.13001, 20-A.13013, 20-A.13019, 20-A.13022, 20-A.13031, 20-A.13032