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Amend the bill by striking out everything after the enacting clause and inserting the following:
‘Sec. 1.  20-A MRSA §4502, sub-§4-C  is enacted to read:
 
4-C.  Involuntary transfers.    If a school administrative unit transfers a teacher to a teaching assignment and that transfer is involuntary, the school administrative unit must accomplish the transfer in accordance with a written policy adopted by the school administrative unit that addresses involuntary transfers. If a school administrative unit adopts a written policy pursuant to this subsection, the policy must include a provision for notice to the affected teacher of the involuntary transfer. A teacher who receives notice of an involuntary transfer may request during the 15 days following such notification a hearing with the school board. The teacher may request the reasons for the involuntary transfer. The hearing must be private except by mutual consent and except that either or both parties may be represented by counsel. The hearing must be granted within 30 days of the receipt of the teacher's request.’
 
SUMMARY
This amendment replaces the bill, which is a concept draft. This amendment provides that if a school administrative unit seeks to transfer a teacher to a teaching assignment and that transfer is involuntary, it must do so in accordance with a written policy adopted by the school administrative unit that addresses involuntary transfers. If a school administrative unit adopts a written policy on involuntary transfers, the policy must provide for notification to the teacher of the involuntary transfer. This amendment provides that a teacher who receives notice of an involuntary transfer may request, within 15 days of the notice, a hearing with the school board, which must take place within 30 days of the request.
The fiscal note on the amendment identifies certain requirements in this amendment as a potential state mandate. In order to be a mandate pursuant to the Constitution of Maine, a provision must require a local unit of government to expand or modify its activities so as to necessitate additional expenditures from local revenue. The committee members voting for this report find that the provisions identified as a potential mandate do not require a local unit of government to expand or modify its activities so as to necessitate additional expenditures from local revenue.
The requirement in the amendment that a school administrative unit adopt a written policy on involuntary transfers if the school administrative unit decides to involuntarily transfer a teacher does not require an expansion or modification of activities so as to necessitate additional expenditures from local revenue since there is no requirement that a school administrative unit involuntarily transfer a teacher.
FISCAL NOTE REQUIRED
(See attached)