Teams Important Changes

This school year there are several changes in law that will impact your work and how your voices are heard in the community regarding education issues. Please see the details of some of these changes below. For updates throughout the school year, make sure you are receiving MEA emails. If you do not get emails from MEA, please contact us by visiting maineea.org/contact-us.

Teacher Evaluation Changes

An Act To Amend Educator Evaluation Requirements” took effect on September 19, 2019, although some sections have a later effective date as explained below. This bill makes a couple of key changes to the “educator effectiveness law:”

What does the law do?

Eliminates the requirement to use student learning and growth measures as a measure of effectiveness in a teacher’s summative effectiveness rating. If still used, eliminates the requirement that student learning and growth be a significant factor. It is now completely a local decision if student learning and growth measures or state assessments are included at all as a measure of effectiveness. And if locally it is determined to maintain student learning and growth measures as a factor, the weight any included factor is given is determined locally as well. The steering committee composed of teachers, administrators and other school administrative unit staff that reviews and refines the performance evaluation and professional growth (PEPG) system now must be made up of a majority of teachers chosen by the Local Association. Any revisions to the system must be reached by consensus. The steering committee changes are effective September 19, 2019. The elimination of the requirement to use student learning and growth measures and the requirement they be a significant factor is effective September 1, 2021.

Please contact your UniServ Director if you need assistance with this matter.

Public Comment Now Required, By Law, at School Board meetings

A new law, LD 721 – An Act To Encourage Public Participation in School Board Meetings—took effect in September. This law requires a public comment period at each school board meeting.

What does the law do?

Provides an opportunity for the public to comment on school and education matters at a school board meeting. The school board can establish reasonable standards for the public comment period, including time limits and conduct standards. Applies to full meetings of the school board but not subcommittees.

Addressing Dangerous Behavior in the Classroom

“An Act To Address Dangerous Behavior in the Classroom” took effect in September. The new law requires school districts to review staff reports of incidents of dangerous behavior and when substantiated, develop an individualized response plan for the student in consultation with the affected staff member. The review is to be conducted by an administrator and a school employee assigned by the local union president.

What does the law do?

Defines Dangerous Behavior

Dangerous behavior is defined as that which “presents a risk of injury or harm to a student or others.” While broad, this is at least a starting point.

Requires Union and Staff Involvement

The new law mandates staff and union involvement in the response to dangerous behaviors reported by school employees, specifically: • the review must be conducted by an administrator and an assigned union employee; • the employee must be chosen by the local union president; • substantiated incidents of dangerous behavior require an individual response plan to avoid future dangerous behavior; • response plans are to be developed with the affected staff member.

Mitigates the Impact of the Behavior on Staff and Students

Options, but not mandates, for responses to the behavior are offered within the law. They are intended to ensure the success of the plan and emphasize restoration of the school community, rather than simple punishment. Note those applicable to staff:

minimize suspensions and expulsions; provide counseling and guidance for students and staff; provide supports to address the effects of trauma on both students and staff; use positive behavioral interventions and supports when dealing with students; use Restorative Practices; train staff who must interact with the student; provide adequate staffing and professional development to implement the plan.

Contractual Considerations

An employee’s sick time is protected: • sick time used as a result of injuries sustained as the result of

“dangerous behavior” cannot be counted against the employee’s accrued sick leave; • a physician must determine if the employee is unable to work due to the injury. Please contact your UniServ Director if you need assistance with this matter.