Maine Revised Statutes Title 20-A Sec. 13003 – Mandatory certification; penalty
Current as of: 2023 | Check for updates
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1. Certification. A person must be certified by the commissioner under this chapter or chapter 502 in order to:
A. Teach in any public elementary or secondary school in the State; or [PL 1981, c. 693, §§ 5, 8 (NEW).]
B. Teach in any private school receiving basic approval under section 2901. [PL 1981, c. 693, §§ 5, 8 (NEW).]
[PL 1983, c. 845, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 13003
- 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
- Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1
- Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
- Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1
- State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
2. Penalty. A person not certified under section 13001 is barred from receiving any salary or fringe benefits if that person teaches or performs any other professional function in a public school and that person:
A. Has never held the required certificate; or [RR 2019, c. 2, Pt. B, §23 (COR).]
B. Knew or should have known that the person’s certificate had expired. Prima facie evidence of that knowledge would be records on file in either the department or the employing school administrative unit that the person was notified that the person’s certificate had lapsed or that it would be lapsing on a given date. [RR 2019, c. 2, Pt. B, §23 (COR).]
The person shall forfeit to the employing school administrative unit any salary or fringe benefits received in violation of this subsection.
[RR 2019, c. 2, Pt. B, §23 (COR).]
3. Exception. This section does not apply to teachers in secondary schools approved under section 2901, subsection 2, paragraph A.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
4. Rules. The state board may adopt rules to carry out this section.
[PL 1981, c. 693, §§ 5, 8 (NEW).]
SECTION HISTORY
PL 1981, c. 693, §§5,8 (NEW). PL 1983, c. 39, §2 (AMD). PL 1983, c. 806, §91 (AMD). PL 1983, c. 845, §3 (AMD). RR 2019, c. 2, Pt. B, §23 (COR).