Maine Revised Statutes Title 20-A Sec. 13006-A – Rulemaking
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1. State board authority. Except as otherwise provided, the state board has authority to adopt rules to implement this chapter, chapter 502 and chapter 502?A. Rules adopted by the state board to implement this chapter and chapter 502 are major substantive rules, as defined in Title 5, chapter 375, subchapter 2?A, except that the following rules are routine technical rules:
A. Rules adopted by the state board to implement section 13032; and [PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
B. Rules adopted by the state board to implement section 13011, subsection 8. [PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
[PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 13006-A
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Certificate: means the credential issued by the department to a qualified individual to serve as a teacher, educational specialist, educational technician or administrator. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Clearance: means the credential issued by the department to a qualified individual who has cleared a criminal history record check under section 6103 to serve as an employee in a position for which certification is not required or as an employee of a contracted service provider. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Conditional certificate: means the credential issued to a teacher, educational specialist or administrator who has not met all of the requirements for a certificate or endorsement. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Credential: means a document issued by the department indicating that a person has met the criteria to be certified, conditionally certified or cleared under this chapter or chapter 502. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Educator preparation program: means a public or private baccalaureate-level or postbaccalaureate-level program approved by the state board to recommend graduates for certification pursuant to chapter 502 as prekindergarten to grade 12 teachers, educational specialists or school administrators. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Endorsement: means a notation on a certificate that specifies the grades and subject area or work area for which the certificate is valid. See Maine Revised Statutes Title 20-A Sec. 13001-A
- Program completer: means a person who, by successfully completing all of the requirements of an educator preparation program, has qualified for a recommendation for certification as a teacher or an educational specialist or an administrator. See Maine Revised Statutes Title 20-A Sec. 13001-A
- State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Commissioner authority. Notwithstanding subsection 1, the commissioner has authority to adopt rules:
A. To determine the qualifications and process for issuing clearance credentials under chapter 502. These rules are routine technical rules, as defined in Title 5, chapter 375, subchapter 2?A; and [PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
B. Governing the collection and handling of records and information regarding the experiences, qualifications and character of persons seeking credentials under this chapter and chapter 502. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2?A. [PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
[PL 2017, c. 235, §5 (NEW); PL 2017, c. 235, §41 (AFF).]
3. Application of rules revising credential qualifications or endorsements. An amendment to the rules adopted to implement this chapter or chapter 502 that revises the qualifications for a credential or the grades or subject area endorsements for a professional teacher certificate does not apply to the following:
A. A person who held an active credential or endorsement during the school year preceding the adoption of revisions to the rules; [PL 2019, c. 584, §1 (NEW).]
B. A person who held an active conditional certificate during the school year preceding the adoption of revisions to the rules; [PL 2019, c. 584, §1 (NEW).]
C. A program completer who qualified for a recommendation for certification as a teacher during the school year preceding the adoption of revisions to the rules; [PL 2019, c. 584, §1 (NEW).]
D. A person enrolled in an educator preparation program during the school year preceding the adoption of revisions to the rules; or [PL 2019, c. 584, §1 (NEW).]
E. A person who began the application process for professional teacher certification with the department during the school year preceding the adoption of revisions to the rules. [PL 2019, c. 584, §1 (NEW).]
[PL 2019, c. 584, §1 (RPR).]
SECTION HISTORY
PL 2017, c. 235, §5 (NEW). PL 2017, c. 235, §41 (AFF). PL 2019, c. 584, §1 (AMD).