‘Sec. 1. 20-A MRSA §1055, sub-§10,  as amended by PL 2001, c. 588, §17, is further amended to read:

Sec. 2. 20-A MRSA §13201,  as amended by PL 1989, c. 285, is further amended to read:

§ 13201. Nomination and election of teachers; teacher contracts

The superintendent shall nominate all teachers, subject to such regulations governing salaries and the qualifications of teachers as the school board shall make makes. Upon the approval of nominations , by the school board, the superintendent may employ teachers so nominated and approved for such terms as the superintendent may deem determines proper, subject to the approval of the school board. The superintendent, subject to the approval of the school board, shall implement a program to support probationary teachers pursuant to section 13015. Prior to May 15th before the expiration of a first or , 2nd or 3rd year probationary teacher's contract, the superintendent shall notify the teacher in writing of the superintendent's decision to nominate or not nominate that teacher for another teaching contract. If, after receiving a complaint from a teacher, the commissioner finds that the superintendent has failed to notify a teacher of a decision not to nominate that teacher, the school administrative unit shall pay a forfeiture to the teacher. The amount of that forfeiture shall must be equal to the teacher's per diem salary rate times the number of days between the notification deadline and the date on which notification is made or on which the complaint is filed, whichever occurs first. In case the superintendent of schools and the school board fail to legally elect a teacher, the commissioner shall have has the authority to appoint a substitute teacher who shall serve serves until such election is made.

After a probationary period not to exceed 2 of 3 years, subsequent contracts of duly certified teachers shall must be for not less than 2 5 years. Unless a duly certified teacher receives written notice to the contrary at least 6 months before the terminal date of the contract, the contract shall must be extended automatically for one year and similarly in subsequent years. The right to an extension for a longer period of time through a new contract is specifically reserved to the contracting parties.

Just cause for dismissal or nonrenewal shall be is a negotiable item in accordance with the procedure set forth in Title 26, chapter 9-A , for teachers who have served beyond the probationary period.

After a probationary period of 2 3 years, any teacher , who receives notice in accordance with this section that his or her the teacher's contract is not going to be renewed , may during the 15 days following such notification request a hearing with the school board. The teacher may request reasons. The hearing shall must be private except by mutual consent and except that either or both parties may be represented by counsel. That hearing must be granted within 30 days of the receipt of the teacher's request.

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 shall be is a negotiable item in accordance with the procedures set forth in Title 26, chapter 9-A , provided that in . In any negotiated agreement, the criteria negotiated by the school board and the bargaining agent to establish the order of layoff and recall may include, but shall may not be limited to, seniority.

Sec. 3. Reports. The Department of Education shall review how teacher evaluation systems are used by various school administrative units, both in this State and in other states, to aid hiring, retention and dismissal decisions, as well as how such systems are used to aid professional development and support teachers. The Department of Education shall report its findings to the Joint Standing Committee on Education and Cultural Affairs by December 30, 2011.

Sec. 4. Application. That section of this Act that amends the Maine Revised Statutes, Title 20-A, section 13201 applies to newly hired teachers beginning with the 2012-2013 school year.’