Legislature(1995 - 1996)
1995-05-07 Senate Journal
Full Journal pdf1995-05-07 Senate Journal Page 1575 HB 217 CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "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" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1550. Senator Duncan objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 217(L&C) am (EFD FLD) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) was adopted and read the second time. Senator Salo offered Amendment No. 1 : Page 3, line 14, after "status": Insert "for the following school year" Page 3, line 15: Delete "teachers" Insert "tenured teachers, after the nonretention of all the nontenured teachers," 1995-05-07 Senate Journal Page 1576 HB 217 Page 3, lines 16 - 18: Delete "the basic need of a school district determined under AS14.17.021(b) and adjusted under AS14.17.225(b) decreases by one percent or more from the previous year." Insert "of a financial emergency verified by the commissioner of education. This section only applies to a teacher who has acquired tenure rights. If a tenured teacher is to be placed on layoff status under this section for the following school year, the school district shall give written notice of the placement on layoff status, delivered before March16, or sent by registered mail postmarked before March 16." Page 4, lines 2 - 5: Delete all material and insert: "(d) A tenured teacher who is placed on layoff status is entitled to a hearing before the school board under AS14.20.180. The decision of the school board is not subject to appeal under AS14.20.205." Senator Salo moved for the adoption of Amendment No. 1. Senator Halford objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 1 failed. 1995-05-07 Senate Journal Page 1577 HB 217 Senator Zharoff offered Amendment No. 2 : Page 3, line 13, after "(a)": Delete "A" Insert "Except as provided in (g) of this section, a" Page 4, after line 14: Insert a new subsection to read: "(g) A school district may only lay off tenured teachers if the district also reduces the number of its administrators in proportion to the reduction in teaching staff." Senator Zharoff moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 2 failed. 1995-05-07 Senate Journal Page 1578 HB 217 Senator Duncan offered Amendment No. 3 : Page 3, line 19, insert after "section": "Should school districts utilize this section to lay off tenured teachers, the school district will file a report with the commissioner of education which lists the detailed steps the school district has taken to meet the economic circumstances which resulted in the layoff of tenured teachers." Senator Duncan moved for the adoption of Amendment No. 3. Senator Miller objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 3 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 3 failed. Senator Salo offered Amendment No. 4 : Page 3, line 17, after "by": Delete "one" Insert "three" Senator Salo moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1579 HB 217 SCS CSHB 217(FIN) Second Reading Amendment No. 4 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 4 failed. Senator Salo offered Amendment No. 5 : Page 4, lines 2 - 5: Delete subsection (d) in its entirety Senator Salo moved for the adoption of Amendment No. 5. Senator Miller objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 5 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 5 failed. 1995-05-07 Senate Journal Page 1580 HB 217 Senator Ellis offered Amendment No. 6 : Page 4, line 11, insert new section (f): "(f) 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." Reletter following sections accordingly. Senator Ellis moved for the adoption of Amendment No. 6. Objections were heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 6 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 6 failed. Senator Salo offered Amendment No. 7 : Page 4, lines 31 - 32: Delete all material Page 5, lines 1 - 6: Delete all material Senator Salo moved for the adoption of Amendment No. 7. Objections were heard. 1995-05-07 Senate Journal Page 1581 HB 217 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 7 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Sharp, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Taylor, Torgerson Excused: Donley and so, Amendment No. 7 failed. Senator Duncan offered Amendment No. 8 : Page 5, line 13 through Page 10, line 1: Delete all material Page 10, line 4: Delete all material Senator Duncan moved for the adoption of Amendment No. 8. Objections were heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 8 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley 1995-05-07 Senate Journal Page 1582 HB 217 and so, Amendment No. 8 failed. Senator Salo offered Amendment No. 9 : Page 5, lines 7 - 12: Delete all material Senator Salo moved for the adoption of Amendment No. 9. Objections were heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 9 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 5, line 12 insert after "records." "In the same manner as bargaining organizations proposals and final agreement is publicized the superintendents employment contract will be publicized for each school district in the state of Alaska." Senator Salo moved for the adoption of Amendment No. 10. Objections were heard. 1995-05-07 Senate Journal Page 1583 HB 217 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 10 YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Frank, Green, Halford Excused: Donley and so, Amendment No. 10 was adopted. The Senate stood at ease at 9:59 p.m. The Senate reconvened at 10:16 p.m. Senator Halford rose to a point of order on Amendment No. 10 regarding Uniform Rule 41(b). President Pearce ruled the amendment out of order, therefore, deleting the amendment. Senator Duncan offered Amendment No. 11 : Page 4, line 6, after "(e)" Insert "A teacher on layoff status accrues credited service under the teachers' retirement system (AS 14.25). Upon reemployment the teacher may elect to purchase the years on layoff as membership credit in the retirement system. If the teacher elects to purchase the years on layoff the school district shall pay the employer contribution." Senator Duncan moved for the adoption of Amendment No. 11. Objections were heard. 1995-05-07 Senate Journal Page 1584 HB 217 The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 11 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 11 failed. Senator Salo offered Amendment No. 12 : Page 4, lines 31 - 32: Delete all material Page 5, lines 1 - 6: Insert new Section to read: Sec. 14.20.130 Subject area of employment "A school district must place newly hired teachers in the area that they have been trained for at least fifty percent of their duty day." Senator Salo moved for the adoption of Amendment No. 12. Senator Sharp objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1585 HB 217 SCS CSHB 217(FIN) Second Reading Amendment No. 12 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 12 failed. Senator Phillips offered Amendment No. 13 : Page 8, line 24, after "research": Insert "that does not entitle the individual to receive retirement, health, or leave benefits, except social security replacement if required by the Internal Revenue Code" Senator Phillips moved for the adoption of Amendment No. 13. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 13 was adopted. Senator Ellis offered Amendment No. 14 : Page 2, line 26: Insert new subsection: (d) Not withstanding 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 as provided in section (c). 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 third year, but the teacher is not fully tenured, tenure rights become effective as prescribed in AS 14.20.150(b). Non-retention during the third year may only be for just cause. 1995-05-07 Senate Journal Page 1586 HB 217 Senator Ellis moved for the adoption of Amendment No. 14. Objections were heard. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 14 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 14 failed. Senator Ellis offered Amendment No. 15 : Page 2, line 26 Insert new subsection: (d) Not withstanding 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 as provided for in section (c). 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. Senator Ellis moved for the adoption of Amendment No. 15. Objections were heard. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1587 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 15 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 15 failed. Senator Duncan offered Amendment No. 16 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10: Delete "four [TWO]" Insert "two" Page 2, line 11: Delete "four [TWO] Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS] Insert "two-consecutive-school-year period" Senator Duncan moved for the adoption of Amendment No. 16. Senator Miller objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1588 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 16 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 16 failed. Senator Salo offered Amendment No. 17 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS]" Insert "two-consecutive-school-year period" Page 2, line 13, insert new subsection "(c)" "(c) Nothing in section 1 or 2 prohibits a school district from denying tenure to a teacher after two years of satisfactory service for any reason that is not arbitrary or capricious. The district may offer tenure after the teacher's third year of employment." Senator Salo moved for the adoption of Amendment No. 17. Senator Miller objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1589 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 17 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 17 failed. Senator Duncan offered Amendment No. 18 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS]" Insert "two-consecutive-school-year period" Page 2, line 13, insert new subsection "(c)" "(c) Teachers denied tenure after two years of service will be given reasons for denial of tenure. Nothing in Sections 1 or 2 prohibits a school district from granting tenure in the third year of employment." Senator Duncan moved for the adoption of Amendment No. 18. Objections were heard. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1590 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 18 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 18 failed. Senator Salo offered Amendment No. 19 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "three" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS] Insert "three-consecutive-school-year period" Senator Salo moved for the adoption of Amendment No. 19. Senator Taylor objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1591 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 19 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 19 failed. Senator Zharoff offered Amendment No. 20 : Page 2, line 19: Insert new subsection (d) (d) A teacher employed in a school district in this state for four years shall be deemed to have completed the four- consecutive-year period; however, a new employing school district may, by a majority vote of its school board, provide for a one year of nontenured status for the teacher. Senator Zharoff moved for the adoption of Amendment No. 20. Senator Miller objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 20 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, Lincoln, Pearce, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Miller, Rieger, Sharp, Taylor, Torgerson 1995-05-07 Senate Journal Page 1592 HB 217 Excused: Donley and so, Amendment No. 20 failed. Senator Salo offered Amendment No. 21 : Page 5, line 7: Insert new subsection (j) Funding for (h) and (i) of this section is to come out of the school districts administration component of its budget. Senator Salo moved for the adoption of Amendment No. 21. Objections were heard. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 21 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 21 failed. Senator Duncan moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt Amendment No. 3. Objections were heard. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 3?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1593 HB 217 SCS CSHB 217(FIN) am S Rescind Previous Action on Amendment No. 3 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Donley and so, the motion failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the bill was not advanced to third reading. 1995-05-07 Senate Journal Page 1594 HB 217 SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) am S "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" will appear on the May 8 calendar.