Legislature(1995 - 1996)

1995-05-07 Senate Journal

Full Journal pdf

1995-05-07                     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.