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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 445
H.P. 714 - L.D. 957

An Act To Retain Teachers Holding Targeted Need Area Certificates, Conditional Certificates or Transitional Endorsements

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 20-A MRSA §13011, sub-§9, as enacted by PL 1999, c. 673, §1, is amended to read:

     9. Targeted need area certificate; exception. The state board shall adopt rules that establish criteria under which a targeted need area certificate may be issued. This certificate may be issued only to a person holding a bachelor's degree and teaching in a teacher shortage area. The teacher shortage area is determined by the commissioner. Rules adopted pursuant to this subsection are major substantive rules in accordance with Title 5, chapter 375, subchapter II-A 2-A. Any amendment to the rules adopted pursuant to this subsection that revises the qualifications for a targeted need area certificate does not apply to a person who was issued a targeted need area certificate prior to or during the school year preceding the adoption of revisions to the original rules as long as the holder of the targeted need area certificate annually completes the required course work and testing as determined by the department for the school year preceding the adoption of revised rules.

     Sec. 2. 20-A MRSA §13011, sub-§10 is enacted to read:

     10. Conditional certificate; transitional endorsement; exception. 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.

     Sec. 3. Targeted need area certificate; exceptions for prelingually deaf applicants. Until the Department of Education adopts revised rules under the Maine Revised Statutes, Title 20-A, section 13011, subsection 9, the Department of Education may issue a 2nd targeted need area certificate to a prelingually deaf applicant provided that the applicant can show evidence of having attempted the Pre-professional Skills Test during the first year of holding the targeted need area certificate. A prelingually deaf applicant may also be issued a 3rd targeted need area certificate provided that the applicant can show evidence of having attempted the Pre-professional Skills Test during the 2nd year of holding the targeted need area certificate.

     It is the intent of the Legislature that, in the Department of Education's proceeding with the filing of the revised rule for the remaining portions of Chapter 115: Certification, Authorization and Approval of Education Personnel, the department shall consider the concerns raised by the Superintendent of the Governor Baxter School for the Deaf and advocates for teachers of the deaf who are prelingually deaf regarding the need for accommodations for prelingually deaf applicants for targeted need area certificates.

Effective September 13, 2003, unless otherwise indicated.

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