CSHB 162(EDC): "An Act relating to tenure of public school teachers; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 162(EDC)                                                                    
01 "An Act relating to tenure of public school teachers; and providing for an effective                                    
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 14.20.147(b) is amended to read:                                                                   
05            (b)  When a school operated by a federal agency is transferred to or absorbed                                
06       into a new or existing school district, the teachers shall also be transferred if mutually                        
07       agreed by the teacher or teachers and the school board of the new or existing district.                           
08       A teacher transferred from a federal agency school that does not have an official salary                          
09       schedule or teacher tenure in the same manner as a public school district in the state                            
10       shall be placed on a position on the salary schedule of the absorbing district; the salary                        
11       may not be less than the teacher would have received in the federal agency school. If                             
12       the teacher taught five [THREE] or more years in the federal agency school and, at the                        
13       time of transfer, had a valid Alaska teaching certificate, that teacher shall be placed on                        
14       tenure in the absorbing district.                                                                                 
01    * Sec. 2. AS 14.20.150(a) is amended to read:                                                                      
02            (a)  Except as provided in (c) or (d) of this section, a teacher acquires tenure                             
03       rights in a district when the teacher                                                                             
04                 (1)  possesses a valid teaching certificate that authorizes the teacher to                              
05       be employed as a certificated teacher or as an administrator under regulations adopted                            
06       by the department;                                                                                                
07                 (2)  has been employed as a teacher in the same district continuously                                   
08       for five [THREE] full school years;                                                                           
09                 (3)  receives, in the fifth [THIRD] year of any five-year [THREE-                               
10       YEAR] period of continuous employment with the district, an evaluation under the                                  
11       district's evaluation system stating that the teacher's performance meets the district                            
12       performance standards; and                                                                                        
13                 (4)  on or before October 15 of the school year,                                                        
14                      (A)  accepts a contract for employment as a teacher in the                                         
15            district for a sixth [FOURTH] consecutive school year; and                                               
16                      (B)  performs a day of teaching services in the district during                                    
17            that school year.                                                                                            
18    * Sec. 3. AS 14.20 is amended by adding a new section to read:                                                     
19            Sec. 14.20.152. Tenure subject to review. After a teacher acquires tenure                                  
20       under AS 14.20.147 or 14.20.150 or reacquires tenure under AS 14.20.150, the tenure                               
21       shall be reviewed by the school employing the teacher at the end of each subsequent                               
22       five-year period of continuous employment. The school district may terminate the                                  
23       tenure if, upon conclusion of the review, the school district finds that during the five-                         
24       year review period                                                                                                
25                 (1)  the teacher did not meet the school district's goals for student                                   
26       academic achievement for two of the five years;                                                                   
27                 (2)  the teacher's work performance did not improve as required in a                                    
28       plan of improvement provided under AS 14.20.149; or                                                               
29                 (3)  the teacher did not adequately assist the school district with the                                 
30       implementation of a school-wide change made by the school district to the                                         
31       instructional model that is used by a school where the teacher is employed.                                       
01    * Sec. 4. AS 14.20.160 is amended to read:                                                                         
02            Sec. 14.20.160. Loss of tenure rights. Tenure rights are lost when the                                     
03       teacher's employment in the district is interrupted or terminated or when tenure is                           
04       terminated under AS 14.20.152. However, a teacher on layoff status does not lose                              
05       tenure rights during the period of layoff except as provided under AS 14.20.177.                                  
06    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
07 read:                                                                                                                   
08       APPLICABILITY. Sections 1 - 4 of this Act apply to a contract or collective                                       
09 bargaining agreement that becomes legally binding on or after the effective date of secs. 1 - 4                         
10 of this Act.                                                                                                            
11    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).