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HB 217: "An Act relating to employment of teachers."

00 HOUSE BILL NO. 217                                                                                                      
01 "An Act relating to employment of teachers."                                                                            
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.   AS  14.20.147(b) is amended to read:                                                                  
04     (b)  When a school operated by a federal agency is transferred to or absorbed                                      
05 into a new or existing school district, the teachers shall also be transferred if mutually                            
06 agreed by the teacher or teachers and the school board of the new or existing district.                                 
07 A teacher transferred from a federal agency school that [, WHICH] does not have an                                    
08 official salary schedule or teacher tenure in the same manner as a public school district                               
09 in the state [,] shall be placed on a position on the salary schedule of the absorbing                                  
10 district; the salary may not be less than the teacher would have received in the federal                                
11 agency school.  If the teacher taught five [TWO] or more years in the federal agency                                  
12 school and, at the time of transfer, had a valid Alaska teaching certificate, that teacher                              
13 shall be placed on tenure in the absorbing district.                                                                    
14    * Sec. 2.  AS 14.20.150 is amended to read:                                                                          
01     Sec. 14.20.150.  ACQUISITION OF TENURE RIGHTS.  (a)  A teacher                                                     
02 acquires tenure rights in a district when the teacher                                                                   
03          (1)  possesses a standard teaching certificate;                                                               
04          (2)  has been employed as a teacher in the same district continuously                                         
05 for five [TWO] full school years and is reemployed for the school year immediately                                    
06 following the five [TWO] full school years.                                                                           
07     (b)  The tenure rights acquired under (a) of this section become effective on the                                  
08 first day the teacher performs teaching services in the district during the school year                                 
09 immediately following the five [TWO] full school years.                                                               
10    * Sec. 3. AS 14.20.160 is amended to read:                                                                           
11  Sec. 14.20.160.  LOSS OF TENURE RIGHTS.  Tenure rights are lost when the                                              
12 teacher's employment in the district is interrupted or terminated.  However, a teacher                                 
13 on layoff status does not lose tenure rights during the period of layoff except as                                      
14 provided by regulation adopted under AS 14.20.177.                                                                     
15    * Sec. 4.  AS 14.20.175(b) is amended to read:                                                                       
16  (b)  A teacher who has acquired tenure rights is subject to nonretention for the                                      
17 following school year only for the following causes:                                                                    
18   (1)  incompetency, which is defined as the inability or the unintentional                                            
19 or intentional failure to perform the teacher's customary teaching duties in a                                          
20 satisfactory manner;                                                                                                    
21   (2)  immorality, which is defined as the commission of an act that,                                                  
22 under the laws of the state, constitutes a crime involving moral turpitude; or                                        
23   (3)  substantial noncompliance with the school laws of the state, the                                                
24 regulations or bylaws of the department, the bylaws of the district, or the written rules                               
25 of the superintendent [; OR                                                                                             
26   (4)  A NECESSARY REDUCTION OF STAFF OCCASIONED BY A                                                                  
27 DECREASE IN SCHOOL ATTENDANCE].                                                                                         
28    * Sec. 5.  AS 14.25 is amended by adding a new section to read:                                                      
29  Sec. 14.20.177.  LAYOFFS.  (a)  A school district may place a teacher who has                                         
30 acquired tenure rights on layoff status but only if it is necessary for the district to                                 
31 reduce the number of teachers                                                                                           
01   (1)  because of a decrease in school attendance or school district                                                   
02 revenue; or                                                                                                             
03   (2)  to better meet the academic program needs of the district.                                                      
04  (b)  The department shall adopt regulations to establish                                                              
05   (1)  procedures under which a district may lay off tenured teachers;                                                 
06   (2)  the length of time that a teacher retains rehire rights after a layoff;                                         
07   (3)  the circumstances under which a teacher may lose rehire rights after                                            
08 a layoff; and                                                                                                           
09   (4)  other provisions to implement this section.                                                                     
10    * Sec. 6.  AS 14.20.205 is amended to read:                                                                          
11  Sec. 14.20.205.  JUDICIAL REVIEW.  If a school board reaches a decision                                               
12 unfavorable to a teacher, the teacher is entitled to judicial review based on the                                      
13 record [A DE NOVO TRIAL] in the superior court.  However, a teacher who has not                                        
14 attained tenure rights is not entitled to judicial review according to this section.                                    
15    * Sec. 7.  The amendments made by this Act apply to teachers first hired by a school                                 
16 district on or after the effective date of this Act.