Legislature(1995 - 1996)

1995-05-02 House Journal

Full Journal pdf

1995-05-02                     House Journal                      Page 1753
HB 217                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 217                                                            
"An Act relating to employment of teachers."                                  
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	HES RPT  CS(HES) NT 2DP 1NR 1AM                                  1344         
	FISCAL NOTE (DOE)                                                1345         
	L&C REFERRAL ADDED                                               1408         
	JUD RPT  CS(JUD) NT 5DP 1DNP                                     1446         
	ZERO FISCAL NOTE (DOE)                                           1446         
	L&C RPT  CS(L&C) NT 2DP 3NR                                      1693         
	ZERO FISCAL NOTE (DOE) 4/22/95                                   1694         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 217(L&C)                                                
"An Act relating to teacher tenure, teacher layoff and rehire rights,         
and to the right of tenured teachers to judicial review of decisions           
of nonretention or dismissal; and relating to retirement for certain           
employees of school districts and regional educational attendance              
areas."                                                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered by Representatives Porter and Ivan:                
                                                                               
Page 1, line 1, after "rights," (title amendment):                           
Insert "public access to information on public school collective             
bargaining,"                                                                  
                                                                               

1995-05-02                     House Journal                      Page 1754
HB 217                                                                       
Page 4, after line 18:                                                         
                                                                               
Insert a new bill section to read:                                            
                                                                               
"*Sec. 8.  AS 23.40 is amended by adding a new section to read:             
	Sec. 23.40.185.  INITIAL PROPOSALS AND FINAL                                
AGREEMENTS OF SCHOOL NEGOTIATIONS ARE                                          
PUBLIC DOCUMENTS.  The initial proposals exchanged by                          
the parties to negotiations between a school district or a                     
regional educational attendance area and a bargaining                          
organization representing its employees and the final                          
agreements reached by the parties are public documents."                       
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Brown objected.                                                 
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
**Representative MacLean was excused due to illness.                           
                                                                               
Amendment to Amendment No. 1 was offered by Representative                     
Brown:                                                                         
                                                                               
Under section 8, last line:                                                    
Delete "documents"                                                            
Insert "records"                                                              
                                                                               
The call was satisfied.                                                        
                                                                               
Representative Brown moved and asked unanimous consent that the                
amendment to Amendment No. 1 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               

1995-05-02                     House Journal                      Page 1755
HB 217                                                                       
                                                                               
CSHB 217(L&C)                                                                  
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  30   NAYS:  9   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Foster,               
Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin,              
Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Nays:  Brice, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,                
Robinson, Williams, Willis                                                     
                                                                               
Excused:  MacLean                                                              
                                                                               
And so, Amendment No. 1 as amended was adopted, and the new title              
appears below:                                                                 
                                                                               
CS FOR HOUSE BILL NO. 217(L&C) am                                             
"An Act relating to teacher tenure, teacher layoff and rehire rights,         
public access to information on public school collective                       
bargaining, and to the right of tenured teachers to judicial review            
of decisions of nonretention or dismissal; and relating to retirement          
for certain employees of school districts and regional educational             
attendance areas."                                                             
                                                                               
                                                                               
Amendment No. 2 was offered by Representatives Bunde and Ivan:                 
                                                                               
Page 2, after line 12:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 3.  AS 14.20.150 is amended by adding a new subsection to         
read:                                                                          
	(c)  The superintendent or the superintendent's designee shall               
annually evaluate the performance of each teacher in the district              
who has not earned tenure.  In addition, for three of the four years           
before a tenure decision is made, each nontenured teacher shall be             
evaluated by at least one mentoring teacher appointed by the                   
                                                                               

1995-05-02                     House Journal                      Page 1756
HB 217                                                                       
superintendent.  The mentoring teacher or teachers shall submit a             
report in writing to the superintendent and the nontenured teacher.            
This report is advisory only.  The superintendent shall recommend              
whether a nontenured teacher should be granted tenure."                        
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, line 19:                                                               
	Delete "1 and 2"                                                              
	Insert "1 - 3"                                                                
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Brice objected.                                                 
                                                                               
Amendment to Amendment No. 2 was offered by Representative Brice:              
                                                                               
Under section 3, after "nontenured teacher shall be":                          
Delete "evaluated"                                                            
Insert "mentored"                                                             
                                                                               
Representative Brice moved and asked unanimous consent that the                
amendment to Amendment No. 2 be adopted.                                       
                                                                               
                                                                               
Representative Bunde objected.                                                 
                                                                               
                                                                               
The question being:  "Shall the amendment to Amendment No. 2 be                
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 2                                                   
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kott, Kubina, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis              
                                                                               

1995-05-02                     House Journal                      Page 1757
HB 217                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey,               
Williams                                                                       
                                                                               
Excused:  MacLean                                                              
                                                                               
                                                                               
And so, the amendment to Amendment No. 2 was not adopted.                      
                                                                               
                                                                               
**The presence of Representative MacLean, who had been previously              
excused from a call of the House, was noted.                                   
                                                                               
                                                                               
Representative Kott placed a call of the House and lifted the call.            
                                                                               
Representative Navarre placed a call of the House and lifted the call.         
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Bunde, G.Davis, Hanley, Ivan, Kohring, Kott, MacLean, Moses,            
Mulder, Ogan, Phillips, Porter, Toohey, Vezey, Williams                        
                                                                               
Nays:  Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton,                
Finkelstein, Foster, Green, Grussendorf, James, Kelly, Kubina, Mackie,         
Martin, Masek, Navarre, Nicholia, Parnell, Robinson, Rokeberg,                 
Sanders, Therriault, Willis                                                    
                                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               

1995-05-02                     House Journal                      Page 1758
HB 217                                                                       
Amendment No. 3 was offered by Representatives Mackie and Ivan:                
                                                                               
                                                                               
Page 1, line 3, after "districts" (title amendment):                         
	Insert ", regional resource centers, the state boarding school,"            
                                                                               
                                                                               
Page 1, line 4, after "areas" (title amendment):                             
	Insert "; and providing for an effective date"                              
                                                                               
                                                                               
Page 4, after line 18:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 8.  FINDINGS AND PURPOSE ASTO SECTIONS 9 - 16.                    
Many school districts are facing the need to restructure their operations      
and their work forces in order to reduce expenditures and balance              
budgets.  Retirement incentives are management tools that have been            
used extensively by the private sector, the federal government, and            
other state and local governments across the country.  The purpose of          
secs.9 - 16 of this Act is to make this management tool temporarily            
available to the public schools and regional resource centers of the           
state.  Sections 9 - 16 of this Act will enable these entities to be more      
efficient and cost-effective by eliminating certain nonessential               
positions, and producing a net reduction in personnel costs.                   
   * Sec. 9.  RETIREMENT INCENTIVE PROGRAM.  (a)  A school                   
district, regional educational attendance area, regional resource center,      
or the state boarding school may adopt a retirement incentive plan             
under sec.10 of this Act and designate categories of employees                 
eligible to participate in that plan.  An employer need not extend the         
incentive plan to all employees who would otherwise be eligible, but           
may choose to extend the plan only to employees                                
                                                                               
		(1)  in specific budget or administrative components of the                  
employer;                                                                      
		(2)  in specific job classifications;                                        
		(3)  in specific geographic locations; or                                    
		(4)  on the basis of any combination of factors under (1) - (3)              
of this subsection.                                                            
(b)  An employee is eligible to participate in a retirement incentive          
plan under secs.8 - 16 of this Act only if the                                 
                                                                               

1995-05-02                     House Journal                      Page 1759
HB 217                                                                       
		(1)  employee is a vested member of the public employees'                    
retirement system or the teachers' retirement system;                          
		(2)  employee will be qualified to retire under AS14.25.110                  
or AS39.35.370 after receipt of the credit described in (f) of this            
section;                                                                       
		(3)  savings to the employer in personal services costs for the              
employee's position will exceed the costs to the employer for that             
position within three years after the employee is appointed to                 
retirement.                                                                    
                                                                               
(c)  An employer shall file its proposed retirement incentive plan             
with the commissioner of administration.  The commissioner shall               
approve the plan if the plan meets the requirements of secs.8 - 16 of          
this Act.  A proposed plan filed under this section must                       
(1)  identify job classifications of employees, and specific                   
budget or administrative components, eligible to participate in the plan;      
(2)  include a reimbursement agreement that                                    
(A)  requires the employer, for each employee who retires                     
under the plan, to reimburse the appropriate retirement system,                
within three years after the end of the fiscal year in which the               
employee is appointed to retirement, in an amount equal to                     
(i)  the actuarial equivalent of the difference between                      
the benefits the participant receives after the addition of the                
credit under (f) of this section and the amount the participant                
would have received without the credit, less the amount the                    
participant has paid on the indebtedness determined under (d)                  
or (e) of this section; and                                                    
(ii)  an appropriate share of the administrative costs                       
of the program; and                                                            
(B)  provides that contributions from the employer under                      
this section take priority over other obligations of the employer to           
the maximum extent permitted by law.                                           
                                                                               
(d)  A member of the teachers' retirement system who participates              
in an approved retirement incentive plan under secs.8 - 16 of this Act         
is indebted to that system for an amount calculated under this                 
subsection.  The indebtedness is 25.95 percent of the member's actual          
compensation for the school year in which the member terminates                
employment, or the calculated school year compensation for a member            
who works less than the entire school year.  An outstanding                    
                                                                               

1995-05-02                     House Journal                      Page 1760
HB 217                                                                       
indebtedness at the time a member is appointed to retirement under an          
approved retirement incentive plan requires an actuarial adjustment to         
the benefits payable to that member.                                           
(e)  A member of the public employees' retirement system who                   
participates in an approved retirement incentive plan under secs.8 - 16        
of this Act is indebted to that system for an amount calculated under          
this subsection.  The indebtedness is 20-1/4 percent of the member's           
actual annual compensation for the year in which the member                    
terminates employment, or the calculated annual compensation for a             
member who works fewer than 12 months.  An outstanding                         
indebtedness at the time a member is appointed to retirement under an          
approved retirement incentive plan requires  an actuarial adjustment to        
the benefits payable to that member.                                           
(f)  An employee who participates in an approved retirement                    
incentive plan under secs.8 - 16 of this Act receives a credit of three        
years.  The three years must be applied in the following order until           
exhausted:                                                                     
(1)  to meet the age or service required for eligibility for                   
normal retirement under AS14.25.110 or AS39.35.370, as                         
appropriate;                                                                   
(2)  to meet the age required for early retirement under                       
AS14.25.110 or AS39.35.370, as appropriate;                                    
(3)  to reduce the actuarial adjustment required for early re-                 
tirement under AS14.25.110 or AS39.35.370, as appropriate;                     
(4)  as years of credited service for calculating retirement                   
benefits.                                                                      
                                                                               
   * Sec. 10.  AUTHORIZATION FOR RETIREMENT INCENTIVE.                       
(a)  An employer may adopt, and file with the commissioner of                  
administration for approval, a proposed retirement incentive plan for          
its employees.  A plan adopted under this section must provide that the        
application period for participation in the retirement incentive plan is       
June30, 1995, through December31, 1995.                                        
(b)  The commissioner of administration may not accept the                     
application of an employee to participate in an approved retirement            
incentive plan adopted under this section unless the employee will be          
appointed to retirement on or before August1, 1996.  The employer,             
in a plan adopted under this section, may set an earlier date by which         
an employee must be appointed to retirement in order to participate in         
the plan.                                                                      
                                                                               

1995-05-02                     House Journal                      Page 1761
HB 217                                                                       
   * Sec. 11.  RECOVERY OF EMPLOYER DELINQUENCIES.  To                       
recover a delinquency owed by an employer other than the state under           
an agreement entered into under sec.9(c)(2) of this Act, the                   
Department of Administration may                                               
(1)  direct that the amount of the delinquency or a lesser                     
amount be withheld from any money payable to the employer by a                 
state department or agency and that the amount withheld be credited            
to the delinquency; and                                                        
		(2) bring an action against the employer.                                    
                                                                               
   * Sec. 12.  REEMPLOYMENT INDEBTEDNESS; PROHIBITION                        
ON REEMPLOYMENT.  (a)  If an individual is reemployed as a                     
member of the public employees' retirement system under AS39.35,               
the teachers' retirement system under AS14.25, the judicial retirement         
system under AS22.25, or the optional university retirement program            
under AS14.40.661- 14.40.799 after appointment to retirement under             
secs.8 - 16 of this Act, that individual forfeits the incentive credit         
received under sec.9(f) of this Act and is indebted to the system under        
which the individual took retirement.  The indebtedness is 110 percent         
of the amount the individual received as a result of participation in a        
retirement incentive plan under secs.8 - 16 of this Act and to which           
the individual would not otherwise have been entitled, including the           
cost of health insurance.  The amount that the individual has paid             
under sec. 9(d) or (e) of this Act will be applied as a credit toward the      
reemployment indebtedness.  Interest on the reemployment                       
indebtedness accrues from the date of reemployment until the date that         
the individual either is appointed to retirement and accepts an actuarial      
adjustment to the individual's future benefits or repays the                   
indebtedness in full.  The rate of interest is that established by             
regulation for the public employees' retirement system by the public           
employees' retirement board and for the teachers' retirement system by         
the teachers' retirement board.                                                
                                                                               
	(b)  An individual who was appointed to retirement under secs.8 -             
 16 of this Act may not be employed by, or enter into a contract for           
personal services with, a state agency or the University of Alaska             
within the three years after the date of appointment to retirement,            
except that                                                                    
		(1)  the University of Alaska may enter into a personal                      
services contract with the individual for teaching or research; and            
                                                                               

1995-05-02                     House Journal                      Page 1762
HB 217                                                                       
		(2)  the individual may accept employment with the legislature               
during a legislative session if the employment is on an hourly basis           
and does not entitle the individual to receive retirement, health, or          
leave benefits.                                                                
	(c)  Notwithstanding the prohibition in (b) of this section, a state          
agency or the University of Alaska may enter into a personal services          
contract with an individual who was  appointed to retirement under             
secs.8 - 16 of this Act if the Board of Regents, for the University of         
Alaska, or the commissioner of administration, for a state agency,             
determines that there is a compelling reason to do so because of the           
individual's specialized or extensive experience that relates to a             
particular program or project of the state agency or university.               
                                                                               
   * Sec. 13.  OFFICE OF MANAGEMENT AND BUDGET.  (a)  The                    
office of management and budget shall submit a report to the                   
legislature on the retirement incentive program under secs.8 - 16 of           
this Act on January15, 1997.  The report must provide the information          
necessary for the legislature to evaluate the effectiveness of the             
programs in achieving their objectives.                                        
   * Sec. 14.  PROGRAM CHANGES.  (a)  An individual employee                 
does not have a vested or contractual right to a benefit under secs.8 -        
 16 of this Act until an agreement is executed with the administrator          
that specifically authorizes that employee to participate in the               
retirement incentive program under secs.8 - 16 of this Act. The                
legislature reserves the right to change any aspect of the retirement          
incentive program as it relates to employees for whom participation            
agreements have not yet been executed with the administrator or with           
the commissioner of administration.                                            
	(b)  In this section, "administrator" means the administrator of the          
public employees' retirement system for employees who are members              
of that system, and the administrator of the teachers' retirement system       
for employees who are members of that system.                                  
   *Sec. 15.  REGULATIONS.  The commissioner of the Department               
of Administration may adopt regulations under AS44.62                          
(Administrative Procedure Act) to implement and interpret secs.8 - 16          
of this Act.                                                                   
   * Sec. 16.  DEFINITIONS.  (a)  Unless provided otherwise in               
secs.8 - 16 of this Act, the definitions set out in AS14.25.220 apply          
to provisions in secs.9 - 12 of this Act that relate to the teachers'          
retirement system and members of the teachers' retirement system.              
                                                                               

1995-05-02                     House Journal                      Page 1763
HB 217                                                                       
	(b)  Unless provided otherwise in secs.8 - 16 of this Act, the                
definitions set out in AS39.35.680 apply to provisions in secs.9 - 12          
of this Act that relate to the public employees' retirement system and         
members of the public employees' retirement system.                            
	(c) In secs.8 - 16 of this Act,                                               
                                                                               
		(1)  "employer" means a school district, regional educational                
attendance area, regional resource center, or the state boarding school;       
		(2)  "office of management and budget" means the office of                   
management and budget in the Office of the Governor;                           
		(3)  "public employees' retirement system" means the Public                  
Employees' Retirement System of Alaska (AS39.35);                              
		(4)  "teachers' retirement system" means the Teachers'                       
Retirement System of Alaska (AS14.25)."                                        
                                                                               
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Page 12, after line 20:                                                        
	Insert new bill sections to read:                                             
   "* Sec. 18.  Sections 9 and 10 of this Act are repealed July1, 1997.      
   * Sec. 19.  Sections 8- 16 of this Act take effect immediately under      
AS01.10.070(c)."                                                               
                                                                               
                                                                               
Representative Mackie moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Barnes objected.                                                
                                                                               
                                                                               
Amendment to Amendment No. 3 was offered by Representative                     
Parnell:                                                                       
                                                                               
Under Section 13:                                                              
Delete "January 15, 1997"                                                     
Insert "April 15, 1997"                                                       
                                                                               

1995-05-02                     House Journal                      Page 1764
HB 217                                                                       
Representative Parnell moved and asked unanimous consent that the              
amendment to Amendment No. 13 be adopted.                                      
                                                                               
Representative Mackie objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
Representative Toohey placed a call of the House.                              
                                                                               
                                                                               
The Speaker invoked Section 102 of Mason's Manual.                             
                                                                               
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard and the members were required to vote.                     
                                                                               
Representative Bunde                                                          
Representative Davies                                                         
                                                                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
Representative Barnes rose to a point of order, citing Rule 24(d) of the       
Uniform Rules.                                                                 
                                                                               
                                                                               
The Speaker ruled that the point was not well taken.                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 as amended pass the                
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 3 as amended                                                     
                                                                               
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                             
                                                                               

1995-05-02                     House Journal                      Page 1765
HB 217                                                                       
Yeas:  Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan,            
James, Kelly, Kohring, Kott, Mackie, Moses, Mulder, Navarre,                   
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,                 
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Foster, Kubina, MacLean, Martin, Masek, Sanders, Willis                        
                                                                               
                                                                               
And so, Amendment No. 3 as amended was adopted, and the new title              
appears below:                                                                 
                                                                               
CS FOR HOUSE BILL NO. 217(L&C) am                                             
"An Act relating to teacher tenure, teacher layoff and rehire rights,         
public access to information on public school collective                       
bargaining, and to the right of tenured teachers to judicial review            
of decisions of nonretention or dismissal; and relating to retirement          
for certain employees of school districts, regional resource centers,          
the state boarding school, and regional educational attendance                 
areas; and providing for an effective date."                                   
                                                                               
                                                                               
Amendment No. 4 was offered by Representative MacLean:                         
                                                                               
Page 1, line 14:                                                               
Delete "four"                                                             
Insert "five"                                                             
                                                                               
Page 2, lines 8, 9 and 12:                                                     
Delete "four"                                                             
Insert "five"                                                             
                                                                               
Representative MacLean moved and asked unanimous consent that                  
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1995-05-02                     House Journal                      Page 1766
HB 217                                                                       
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  5   NAYS:  34   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Foster, Kelly, MacLean, Martin, Moses                                   
                                                                               
Nays:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James,          
Kohring, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia,               
Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault,               
Toohey, Vezey, Williams, Willis                                                
                                                                               
Absent:  Sanders                                                               
                                                                               
Nicholia changed from "Yea" to "Nay".                                          
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered by Representative MacLean:                         
                                                                               
Page 1, line 1, after "teacher tenure" through line 4 (title amendment):     
Delete all material.                                                          
Insert "."                                                                  
                                                                               
Representative MacLean moved and asked unanimous consent that                  
Amendment No. 5 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  5   NAYS:  33   EXCUSED:  0   ABSENT:  2                              

1995-05-02                     House Journal                      Page 1767
HB 217                                                                       
Yeas:  Foster, Kubina, MacLean, Martin, Masek                                  
                                                                               
Nays:  Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,               
Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly,            
Kohring, Kott, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan,                 
Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey,             
Vezey, Williams, Willis                                                        
                                                                               
Absent:  Barnes, Sanders                                                       
                                                                               
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered by Representative B. Davis:                        
                                                                               
Page 1, line 6, through page 2, line 12:                                       
Delete all material.                                                          
                                                                               
Page 4, lines 19-20:                                                           
Delete all material.                                                          
                                                                               
Renumber bill sections accordingly.                                            
                                                                               
Representative B. Davis moved and asked unanimous consent that                 
Amendment No. 6 be adopted.                                                    
                                                                               
Representative MacLean objected.                                               
                                                                               
Representative Vezey placed a call of the House on the bill.                   
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             

1995-05-02                     House Journal                      Page 1768
HB 217                                                                       
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Kubina, Martin, Mulder, Navarre, Robinson, Williams,              
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Mackie, MacLean, Masek, Moses,                    
Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,      
Toohey, Vezey                                                                  
                                                                               
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered by Representative Willis:                          
                                                                               
Page 1, line 14:                                                               
Delete "four"                                                             
Insert "three"                                                            
                                                                               
Page 2, line 8:                                                                
Delete "four"                                                             
Insert "three"                                                            
                                                                               
Page 2, line 9:                                                                
Delete "four"                                                             
Insert "three"                                                            
                                                                               
Page 2, line 12:                                                               
Delete "four"                                                             
Insert "three"                                                            
                                                                               
                                                                               
Representative Willis moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1995-05-02                     House Journal                      Page 1769
HB 217                                                                       
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Hanley, Kott, Kubina, Mackie, Martin, Masek, Navarre,             
Parnell, Robinson, Sanders, Williams, Willis                                   
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly,           
Kohring, MacLean, Moses, Mulder, Nicholia, Ogan, Phillips, Porter,             
Rokeberg, Therriault, Toohey, Vezey                                            
                                                                               
Kott changed from "Nay" to "Yea".                                              
Barnes changed from "Nay" to "Yea".                                            
Bunde changed from "Yea" to "Nay".                                             
Sanders changed from "Nay" to "Yea".                                           
Mulder changed from "Yea" to "Nay".                                            
                                                                               
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered by Representative Elton:                           
                                                                               
Page 1, line 6, through page 2, line 2:                                        
	Delete all material.                                                          
                                                                               
Page 2, line 3:                                                                
	Delete "Sec. 2. AS14.20.150 is amended to read:"                            
	Insert "Section 1.  AS14.20.150(a) is amended to read:"                     
                                                                               
Page 2, line 4:                                                                
	Delete "Sec. 14.20.150.  ACQUISITION OF TENURE RIGHTS.                        
(a)  A"                                                                        
	Insert "(a)  Unless the school board votes to extend the period             
of nontenure as provided in (c) - (h) of this section, a"                    
                                                                               

1995-05-02                     House Journal                      Page 1770
HB 217                                                                       
Page 2, line 8:                                                                
	Delete "four [TWO]"                                                       
	Insert "two"                                                                  
                                                                               
Page 2, line 9:                                                                
	Delete "four [TWO]"                                                       
	Insert "two"                                                                  
                                                                               
Page 2, lines 10 - 12:                                                         
	Delete all material.                                                          
	Insert a new bill section to read:                                            
   "* Sec. 2.  AS14.20.150 is amended by adding new subsections to           
read:                                                                          
	(c)  A school district that has a nontenured teacher evaluation              
program that satisfies the requirements of this section may extend             
the probationary period of a nontenured teacher by one year if the             
district finds, after observation, that the teacher is not performing          
at a level that warrants granting tenure but the district  evaluator           
believes that the teacher's performance may improve sufficiently               
after an additional year of nontenured status to warrant granting              
the teacher tenure at that time.                                               
                                                                               
	(d)  A school district shall establish procedures for evaluating             
the performance of nontenured teachers.  The procedures must                   
provide the teacher with at least two evaluations each year.  An               
evaluation under this subsection consists of a preobservation                  
conference, a formal observation at the teacher's instruction site to          
observe the teacher while the teacher is teaching, and a post-                 
observation conference to discuss the teacher's instructional                  
delivery, planning, interpersonal skills, knowledge of the subject             
matter, and other professional qualities and abilities.  The                   
evaluation shall be conducted by an evaluator who meets the                    
requirements of (g) of this section.                                           
                                                                               
	(e)  The provisions of (a) and (b) of this section apply to                  
nontenured teachers whose nontenured status has been extended                  
under (c) of this section, except that the teacher does not acquire            
tenure rights unless the teacher is reemployed for the school year             
immediately following the three full continuous school years of                
employment.                                                                    
                                                                               

1995-05-02                     House Journal                      Page 1771
HB 217                                                                       
	(f)  If an evaluator determines that a nontenured teacher is not             
performing successfully, the evaluator shall identify specific                 
measurable and relevant objectives that the nontenured teacher                 
must achieve before being granted tenure.                                      
	(g)  To qualify as an evaluator under this section, the person               
shall demonstrate that the person received in-service training on              
the evaluation policy and procedure of the school district.                    
	(h)  A school district shall invite, obtain, and consider                    
community comments and suggestions, including the comments                     
and suggestions of students, parents, teachers, and administrators,            
in the design of the procedures for and the content of teacher                 
evaluations."                                                                  
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  the roll             
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Navarre, Robinson, Williams, Willis                                            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,            
Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter,               
Rokeberg, Sanders, Therriault, Toohey, Vezey                                   
                                                                               
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               

1995-05-02                     House Journal                      Page 1772
HB 217                                                                       
Amendment No. 9 was offered by Representative B. Davis:                        
                                                                               
Page 2, following line 12, insert a new subsection to read:                    
                                                                               
	"(c)  Notwithstanding AS 14.20.150 a school district may                   
withhold full tenure for up to two years, for a teacher whose                  
performance has been formally observed and evaluated as                        
needing improvement.  Nothing in this section prohibits a                      
school board from granting tenure to a teacher after two years                 
of satisfactory service.  If in the third year, the teacher's                  
evaluation indicates satisfactory performance, tenure will be                  
offered.  If the teacher is retained for a fourth year, but the                
teacher is not fully tenured, tenure rights become effective as                
prescribed in AS 14.20.150(b).  Non-retention during this                      
second two year period may only be for just cause."                          
                                                                               
Representative B. Davis moved and asked unanimous consent that                 
Amendment No. 9 be adopted.                                                    
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 9 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Williams, Willis                            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses,              
Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,          
Therriault, Toohey, Vezey                                                      
                                                                               
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               

1995-05-02                     House Journal                      Page 1773
HB 217                                                                       
Amendment No. 10 was offered by Representative Elton:                          
                                                                               
Page 3, line 14, after "section":                                              
Insert "unless the teacher declines the offer because the teacher is          
contractually obligated to provide professional services to another            
private or public educational program in Alaska"                               
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 10 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder,            
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,        
Sanders, Therriault, Toohey, Williams, Willis                                  
                                                                               
Nays:  MacLean, Moses, Vezey                                                   
                                                                               
                                                                               
And so, Amendment No. 10 was adopted.                                          
                                                                               
                                                                               
Amendment No. 11 was offered by Representative Brice:                          
                                                                               
Page 3, lines 25 - 26:                                                         
	Delete "A teacher on layoff status is not entitled to be reemployed           
under AS14.20.145 and does not accrue leave.  However, layoff"                 
	Insert "Layoff"                                                               
                                                                               

1995-05-02                     House Journal                      Page 1774
HB 217                                                                       
Representative Brice moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 11 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Masek, Robinson, Willis                                                
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses,             
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg,          
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
                                                                               
And so, Amendment No. 11 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 12 was not offered.                                              
                                                                               
                                                                               
Amendment No. 13 was offered by Representative Elton:                          
                                                                               
Page 1, line 3, after "dismissal" (title amendment):                         
Insert "relating to terms of employment for administrators;"                
                                                                               
Page 1, line 6, insert a new section to read:                                  
"Section 1.  AS 14.20.130 is amended to read:                               
	Sec. 14.20.130.  EMPLOYMENT OF TEACHERS AND                                  
ADMINISTRATORS.  An employer may, after January 1, issue                       
contracts for the following school year to employees regularly                 
qualified in accordance with the regulations of the department.                
                                                                               

1995-05-02                     House Journal                      Page 1775
HB 217                                                                       
The contract for a superintendent may not be for more than one            
school year but may contain two one-year extensions [NOT                   
EXCEED THREE CONSECUTIVE SCHOOL YEARS]."                                       
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 13 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  10   NAYS:  30   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Masek,               
Robinson, Therriault, Willis                                                   
                                                                               
Nays:  Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green,               
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie,                
MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell,              
Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams                   
                                                                               
Williams changed from "Yea" to "Nay".                                          
Mackie changed from "Yea" to "Nay".                                            
Grussendorf changed from "Yea" to "Nay".                                       
                                                                               
                                                                               
And so, Amendment No. 13 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 14 was offered by Representative B. Davis:                       
                                                                               
Page 1, line 1, after "relating to" (title amendment):                       
	Insert "employment rights of teachers,"                                     
                                                                               

1995-05-02                     House Journal                      Page 1776
HB 217                                                                       
Page 1, line 2 (title amendment):                                              
                                                                               
	Delete "judicial"                                                           
                                                                               
Page 2, line 18:                                                               
	Delete "AS 14.20.175(b) is amended to read:"                                  
	Insert "AS 14.20.175 is amended to read:                                      
	Sec. 14.20.175.  NONRETENTION.  (a) A teacher who has                        
not acquired tenure rights is subject to nonretention for the school           
year following the expiration of the teacher's contract for just           
[ANY] cause and [THAT THE EMPLOYER DETERMINES TO                           
BE ADEQUATE.  HOWEVER, AT THE TEACHER'S                                        
REQUEST, THE TEACHER] is entitled to a written statement of                    
the cause for nonretention. [THE BOARDS OF CITY AND                            
BOROUGH SCHOOL DISTRICTS AND REGIONAL                                          
EDUCATIONAL ATTENDANCE AREAS SHALL PROVIDE BY                                  
REGULATION OR BYLAW A PROCEDURE UNDER WHICH                                    
A NONRETAINED TEACHER MAY REQUEST AND RECEIVE                                  
AN INFORMAL HEARING BY THE BOARD.]"                                            
                                                                               
Page 4, line 2:                                                                
	Delete "AS 14.20.180(b) is amended to read:"                                  
	Insert "AS 14.20.180 is amended to read:                                      
	Sec. 14.20.180.  PROCEDURE AND HEARING UPON                                  
NOTICE OF DISMISSAL OR NONRETENTION.  (a) An                                   
employer shall include in a notification of [DISMISSAL OF A                    
TEACHER WHO HAS NOT ACQUIRED TENURE RIGHTS, OR                                 
OF] nonretention or dismissal of a tenured or nontenured teacher,          
a statement of cause and a complete bill of particulars."                      
                                                                               
Page 4, line 6:                                                                
	Delete "If the tenured"                                                   
	Insert "The nontenured teacher may, within 15 days                          
immediately following receipt of the notification, notify the                  
employer in writing that a hearing before the school board is                  
requested.  If the"                                                          
                                                                               
Page 4, line 10:                                                               
	Delete "tenured"                                                              
	Insert "[TENURED]"                                                            
                                                                               

1995-05-02                     House Journal                      Page 1777
HB 217                                                                       
Page 4, after line 12:                                                         
	Insert                                                                        
	"(c)  Upon receipt of the notification requesting a hearing, the             
employer shall immediately arrange for a hearing, and shall notify             
the [TENURED] teacher or administrator in writing of the date,                 
time, and place of the hearing.  A written transcript, tape, or                
similar recording of the proceedings shall be kept.  Transcribed               
copies shall be furnished to the [TENURED] teacher for cost upon               
request of the [TENURED] teacher.  A final decision of the school              
board requires a majority vote of the membership.  The vote shall              
be by roll call.  The final decision shall be written and contain              
specific findings of fact and conclusions of law.  A written                   
notification of the decision shall be furnished to the [TENURED]               
teacher within 10 days of the date of the decision."                           
                                                                               
Page 4, line 14, after "Sec. 14.20.205.":                                      
	Insert "ARBITRATION AND"                                                  
                                                                               
Page 4, line 15:                                                               
	Delete "after a hearing under AS14.20.180"                                
	After "entitled to":                                                          
	Insert "mandatory, advisory arbitration conducted by a neutral              
third party.  If the decision of the school board remains                      
unfavorable to a tenured teacher after the advisory arbitration, the           
tenured teacher is entitled to"                                              
                                                                               
Representative B. Davis moved and asked unanimous consent that                 
Amendment No. 14 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 14 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                             
                                                                               

1995-05-02                     House Journal                      Page 1778
HB 217                                                                       
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Masek, Navarre, Robinson, Williams, Willis                     
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Moses, Mulder,             
Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,      
Toohey, Vezey                                                                  
                                                                               
                                                                               
And so, Amendment No. 14 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 15 was offered by Representative Davies:                         
                                                                               
Page 3, line 26:                                                               
	Delete "However, layoff"                                                      
	Insert "A teacher on layoff status is entitled to have the teacher's          
health benefits continued during the period of layoff at the expense of        
the school district.  Layoff"                                                  
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 15 be adopted.                                                   
                                                                               
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 15 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kott, Kubina, Masek, Robinson, Willis                                          
                                                                               

1995-05-02                     House Journal                      Page 1779
HB 217                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Mackie, MacLean, Martin, Moses,                   
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg,          
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 16 was offered by Representative Davies:                         
                                                                               
Page 3, line 25, after "(e)":                                                  
	Insert "A teacher on layoff status accrues credited service under             
the teachers' retirement system (AS 14.25) during the period of layoff."       
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 16 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 16 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  11   NAYS:  29   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Masek, Robinson, Willis                                                
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses,             
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg,          
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
                                                                               
And so, Amendment No. 16 was not adopted.                                      
                                                                               

1995-05-02                     House Journal                      Page 1780
HB 217                                                                       
Amendment No. 17 was offered by Representative Finkelstein:                    
                                                                               
Page 4, following line 1:                                                      
Insert "(g) In making layoff decisions, a school district may not             
allow an increase of over ten percent in the pupil-teacher ratio of            
the district or regional educational attendance area."                         
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 17 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 17 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
YEAS:  10   NAYS:  30   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Masek,               
Navarre, Robinson, Willis                                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green,               
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie,                
MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips,             
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
                                                                               
And so, Amendment No. 17 was not adopted.                                      
                                                                               
Representative Vezey lifted the call.                                          
                                                                               
Amendment No. 18 was offered by Representative Brice:                          
                                                                               
Page 4, after line 1:                                                          
	Insert a new subsection to read:                                              
	"(g)  A teacher on layoff status may propose additional                      
training that the teacher would like to receive in the state for               
                                                                               

1995-05-02                     House Journal                      Page 1781
HB 217                                                                       
recertification.  The district shall pay for the additional training          
unless the district demonstrates that the proposal is unreasonable."           
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 18 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 18 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  8   NAYS:  28   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Robinson,            
Willis                                                                         
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder,             
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,         
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Absent:  Barnes, Finkelstein, Kubina, MacLean                                  
                                                                               
And so, Amendment No. 18 was not adopted.                                      
                                                                               
Amendment No. 19 was offered by Representative Willis:                         
                                                                               
Page 1, line 4, after "areas" (title amendment):                             
	Insert "; and relating to employment rights of noncertificated               
employees of public schools"                                                  
                                                                               
Page 1, after line 5:                                                          
	Insert a new bill section to read:                                            
   "* Section 1.  AS14.20 is amended by adding a new section to              
read:                                                                          
	Sec. 14.20.135.  EMPLOYMENT OF NONCERTIFICATED                               
EMPLOYEES IN PUBLIC SCHOOLS.  (a)   A noncertificated                          

1995-05-02                     House Journal                      Page 1782
HB 217                                                                       
employee of a public school who has successfully completed a                  
probationary period may only be terminated for just cause.  A                  
probationary period may not last longer than six months from the               
date of appointment to the position.                                           
	(b)  A public school that terminates the services of a                       
nonprobationary noncertificated employee shall notify the                      
employee of the reasons for the termination of services and shall,             
if requested by the employee, afford the employee a hearing.                   
	(c)  The department shall implement this section by                          
regulation."                                                                   
                                                                               
Page 1, line 6:                                                                
	Delete "* Section 1"                                                        
	Insert "* Sec. 2"                                                           
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, line 19:                                                               
	Delete "secs. 1 and 2"                                                        
	Insert "secs. 2 and 3"                                                        
                                                                               
Representative Willis moved and asked unanimous consent that                   
Amendment No. 19 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 19 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  0   ABSENT:  4                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Masek, Navarre,                   
Nicholia, Robinson, Willis                                                     
                                                                               

1995-05-02                     House Journal                      Page 1783
HB 217                                                                       
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Absent:  Barnes, Finkelstein, Kubina, MacLean                                  
                                                                               
                                                                               
And so, Amendment No. 19 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 20 was offered by Representative Finkelstein:                    
                                                                               
Page 2, following line 12, insert a new subsection to read:                    
"(c)  by the end of the second year of employment, the district             
will provide a non-tenured teacher a written evaluation and, if                
necessary, will develop a plan for improvement in cooperation                  
with the teacher, established mentors and appropriate                          
administrators."                                                             
                                                                               
Representative Mackie moved and asked unanimous consent that                   
Amendment No. 20 be adopted.                                                   
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 20 was adopted.                                                  
                                                                               
                                                                               
Amendment No. 21 was offered by Representative Willis:                         
                                                                               
Page 3, line 1, after "(a)":                                                   
	Delete "A"                                                                    
	Insert "Except as provided in (g) of this section, a"                         
                                                                               
Page 4, after line 1:                                                          
	Insert a new subsection to read:                                              
	"(g)  A school district may only lay off a tenured teacher if                
the district also reduces the number of its administrators in                  
proportion to the reduction in teaching staff.  In complying with              
this subsection, a district is not required to reduce an                       
administrative position until the amount of the reduction is equal             
to at least 20 percent of the administrative position's time."                 

1995-05-02                     House Journal                      Page 1784
HB 217                                                                       
Representative Willis moved and asked unanimous consent that                   
Amendment No. 21 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 21 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 21                                                               
                                                                               
YEAS:  3   NAYS:  33   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Brice, Finkelstein, Willis                                              
                                                                               
Nays:  Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton,               
Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,         
Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan,                 
Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey,             
Vezey, Williams                                                                
                                                                               
Absent:  Barnes, Kubina, MacLean, Sanders                                      
                                                                               
                                                                               
And so, Amendment No. 21 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 22 was offered by Representative Brice:                          
                                                                               
Page 1, line 4, after "areas" (title amendment):                             
	Insert "; and relating to computation of years of credited                   
service for noncertificated employees of public schools"                      
                                                                               
Page 4, after line 18:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 8.  AS39.35 is amended by adding a new section to read:           
	Sec. 39.35.677.  COMPUTING YEARS OF CREDITED                                 
SERVICE FOR EMPLOYMENT ASA NONCERTIFICATED                                     
EMPLOYEE OF A PUBLIC SCHOOL.  (a)  When computing the                          
                                                                               

1995-05-02                     House Journal                      Page 1785
HB 217                                                                       
credited service to which a member is entitled for employment as              
a noncertificated employee of a public school in the state, the                
administrator shall apply the definition of "years of service" found           
in AS14.25.220 to the period of employment as a noncertificated                
employee of a public school in the state.                                      
	(b)   In this section, "public school" has the meaning given in              
AS14.60.010."                                                                  
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 22 be adopted.                                                   
                                                                               
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 22 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 22                                                               
                                                                               
YEAS:  11   NAYS:  24   EXCUSED:  0   ABSENT:  5                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Mulder,              
Navarre, Nicholia, Williams, Willis                                            
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Ogan,               
Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey,             
Vezey                                                                          
                                                                               
Absent:  Barnes, Grussendorf, Kubina, MacLean, Sanders                         
                                                                               
                                                                               
And so, Amendment No. 22 was not adopted.                                      
                                                                               

1995-05-02                     House Journal                      Page 1786
HB 217                                                                       
Amendment No. 23 was offered by Representative Brice:                          
                                                                               
Page 1, line 3, after ";" (title amendment):                                 
	Insert "requiring school districts and regional educational                  
attendance areas to pay for the cost of certain immunizations for              
certain employees;"                                                           
                                                                               
Page 1, after line 5:                                                          
	Insert a new bill section to read:                                            
   "* Section 1. AS14.03 is amended by adding a new section to read:         
	Sec. 14.03.160.  PAYMENT FOR IMMUNIZATIONS.  A                               
school district or regional educational attendance area shall pay for          
the cost of immunizations against blood borne pathogens for an                 
employee who requests that the school district or regional                     
educational attendance area do so."                                            
                                                                               
Page 1, line 6:                                                                
	Delete "* Section 1"                                                        
	Insert "* Sec. 2"                                                           
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, line 19:                                                               
	Delete "secs. 1 and 2"                                                        
	Insert "secs. 2 and 3"                                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 23 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 23 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 23                                                               
                                                                               
YEAS:  8   NAYS:  27   EXCUSED:  0   ABSENT:  5                              
                                                                               

1995-05-02                     House Journal                      Page 1787
HB 217                                                                       
Yeas:  Brice, Brown, Davies, B.Davis, Finkelstein, Grussendorf,                
Nicholia, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan,          
James, Kelly, Kohring, Kott, Mackie, Martin, Moses, Mulder, Navarre,           
Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault,               
Toohey, Vezey, Williams                                                        
                                                                               
Absent:  Barnes, Kubina, MacLean, Masek, Sanders                               
                                                                               
                                                                               
And so, Amendment No. 23 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 24 was offered by Representative Brice:                          
                                                                               
Page 1, line 3, after ";" (title amendment):                                 
	Insert "relating to unemployment compensation for certain                    
employees of educational institutions;"                                       
                                                                               
Page 4, after line 18:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 8.  AS23.20.354(b) is amended to read:                            
	(b)  An individual who has otherwise satisfied the                           
requirements of this chapter for the receipt of regular benefits is            
eligible for state interim benefits if                                         
		[(1)  THE INDIVIDUAL'S WEEKLY BENEFIT                                       
AMOUNT PAYABLE UNDER THIS CHAPTER IS REDUCED                                   
OR DENIED UNDER AS23.20.381(h); OR                                             
		(2)]  the individual is a noncertificated individual who                    
provides compensated service to a school district for teaching                 
indigenous languages and the individual's weekly benefit amount                
payable under this chapter is reduced or denied under                          
AS23.20.381(e).                                                                
   * Sec. 9.  AS23.20.354(c) is amended to read:                             
	(c)  The amount of state interim benefits payable to an                      
individual for a week is equal to the difference between the                   
individual's weekly benefit amount, including the dependents                   
allowance, established under AS23.20.350 and the individual's                  
weekly benefit amount, including the dependents allowance,                     
                                                                               

1995-05-02                     House Journal                      Page 1788
HB 217                                                                       
payable for that week under AS23.20.381(e) [OR 23.20.381(h)].                 
The total amount of state interim benefits paid may not exceed the             
total amount of regular benefits denied solely under                           
AS23.20.381(e) [OR 23.20.381(h)].                                              
   * Sec. 10.  AS23.20.381(i) is amended to read:                            
	(i)  Benefits based on services described in (e) [AND (h)] of                
this section may not be paid to an individual for a week that                  
begins during an established and customary vacation period or                  
holiday recess if the individual performs those services in the                
period immediately before the vacation period recess and there is              
a reasonable assurance that the individual will perform those                  
services in the period immediately following the vacation period               
or holiday recess.                                                             
   * Sec. 11.  AS23.20.381(j) is amended to read:                            
	(j)  Benefits based on services described in (e) [AND (h)] of                
this section shall be denied under (e) [, (h),] and (i) of this section        
to an individual who performed those services in an educational                
institution while in the employ of an educational service agency.              
In this subsection, "educational service agency" means a                       
governmental agency or governmental entity that is established and             
operated exclusively for the purpose of providing services to one              
or more educational institution.                                               
   * Sec. 12.  AS23.20.381(h) is repealed."                                  
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 24 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 24 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 217(L&C) am                                                               
Second Reading                                                                 
Amendment No. 24                                                               
                                                                               
YEAS:  12   NAYS:  23   EXCUSED:  0   ABSENT:  5                             
                                                                               

1995-05-02                     House Journal                      Page 1789
HB 217                                                                       
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Martin,              
Navarre, Nicholia, Robinson, Therriault, Willis                                
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Grussendorf,                  
Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Moses, Mulder,              
Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey, Williams             
                                                                               
Absent:  Barnes, Kubina, MacLean, Masek, Sanders                               
                                                                               
                                                                               
And so, Amendment No. 24 was not adopted.                                      
                                                                               
Amendment No. 25 was offered by Representative Finkelstein:                    
                                                                               
Page 2, line 8:                                                                
Delete "[TWO] full school"                                                    
Insert "[TWO FULL SCHOOL]"                                                    
                                                                               
After "years" Insert "since the day originally  hired."                   
                                                                               
Delete "and is reemployed for the school year immediately                     
following the four [TWO] full school years"                                
Insert "[AND IS REEMPLOYED FOR THE SCHOOL YEAR                                
IMMEDIATELY FOLLOWING THE TWO FULL SCHOOL                                      
YEARS]"                                                                        
                                                                               
Page 2, line 12, after "the":                                                  
Insert "original"                                                         
                                                                               
Delete "full school"                                                          
Insert "[FULL SCHOOL]"                                                        
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 25 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
Representative Finkelstein moved and asked unanimous consent to                
withdraw Amendment No. 25.  There being no objection, it was so                
ordered.                                                                       
                                                                               

1995-05-02                     House Journal                      Page 1790
HB 217                                                                       
Representative Vezey moved and asked unanimous consent that                    
CSHB217(L&C)am be considered engrossed, advanced to third                      
reading and placed on final passage.                                           
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker stated that CSHB 217(L&C) am will be in third reading              
on the May 3, 1995, calendar.