Legislature(2013 - 2014)
2013-04-04 House Journal
Full Journal pdf2013-04-04 House Journal Page 0889 HB 162 The following, which was advanced to third reading from the April 3, 2013, calendar (page 866), was read the third time: CS FOR HOUSE BILL NO. 162(EDC) "An Act relating to tenure of public school teachers; and providing for an effective date." 2013-04-04 House Journal Page 0890 Representative Seaton moved and asked unanimous consent that CSHB 162(EDC) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that, without objection, CSHB 162(EDC) would be returned to second reading for Amendment Nos. 1 - 4. Amendment No. 1 was offered by Representative Seaton: Page 1, line 4, through page 2, line 17: Delete all material and insert: "* Section 1. AS 14.20.150(a) is amended to read: (a) Except as provided in (c), [OR] (d), or (f) of this section, a teacher acquires tenure rights in a district when the teacher (1) possesses a valid teaching certificate that authorizes the teacher to be employed as a certificated teacher or as an administrator under regulations adopted by the department; (2) has been employed as a teacher in the same district continuously for four [THREE] full school years; (3) receives, in the fourth [THIRD] year of any four- year [THREE-YEAR] period of continuous employment with the district, an evaluation under the district's evaluation system stating that the teacher's performance meets the district performance standards; and (4) on or before October 15 of the school year, (A) accepts a contract for employment as a teacher in the district for a fifth [FOURTH] consecutive school year; and (B) performs a day of teaching services in the district during that school year. * Sec. 2. AS 14.20.150(e) is amended to read: (e) Notwithstanding (a) of this section, a teacher who has acquired tenure in a school district who moves to a new school district acquires tenure in the new school district on the first instructional day of the fourth [THIRD] year of employment in the new school district if (1) the teacher otherwise meets the qualifications for tenure set out in (a) of this section; and 2013-04-04 House Journal Page 0891 (2) the break in service meets the requirements of (d) of this section. * Sec. 3. AS 14.20.150 is amended by adding a new subsection to read: (f) A school district may, in the district's discretion, grant a teacher tenure rights if the teacher (1) possesses a valid teaching certificate that authorizes the teacher to be employed as a certificated teacher or as an administrator under regulations adopted by the department; (2) has been employed as a teacher in the same district continuously for three full school years; (3) receives, in the third year of any three-year period of continuous employment with the district, an evaluation under the district's evaluation system stating that the teacher's performance meets the district performance standards; and (4) on or before October 15 of the school year, (A) accepts a contract for employment as a teacher in the district for a fourth consecutive school year; and (B) performs a day of teaching services in the district during that school year." Renumber the following bill sections accordingly. Page 3, following line 5: Insert a new bill section to read: "* Sec. 6. AS 14.20.147(b) and 14.20.147(c) are repealed." Renumber the following bill sections accordingly. Page 3, line 8: Delete "Sections 1 - 4" Insert "Sections 1 - 5" Page 3, line 9: Delete "secs. 1 - 4" Insert "secs. 1 - 5" Representative Seaton moved and asked unanimous consent that Amendment No. 1 be adopted. 2013-04-04 House Journal Page 0892 Representative T. Wilson objected. Representative Lynn moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objection was heard, and Representative Lynn was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 162(EDC) Second Reading Amendment No. 1 YEAS: 9 NAYS: 26 EXCUSED: 4 ABSENT: 1 Yeas: Drummond, Foster, Herron, Kawasaki, Kreiss-Tomkins, LeDoux, Nageak, Seaton, Tarr Nays: Austerman, Chenault, Costello, Feige, Gara, Gattis, Higgins, Holmes, Hughes, Isaacson, Johnson, Josephson, Keller, Kerttula, Lynn, Munoz, Neuman, Olson, Pruitt, Reinbold, Saddler, Stoltze, Thompson, Tuck, P.Wilson, T.Wilson Excused: Edgmon, Gruenberg, Guttenberg, Millett Absent: Hawker And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Lynn and LeDoux: Page 2, line 18, through page 3, line 5: Delete all material. Renumber the following bill sections accordingly. Page 3, line 8: Delete "Sections 1 - 4 of this Act apply" Insert "This Act applies" Page 3, line 9: Delete "of secs. 1 - 4" 2013-04-04 House Journal Page 0893 Representative Lynn moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Feige objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 162(EDC) Second Reading Amendment No. 2 YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Drummond, Foster, Gara, Gattis, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck, P.Wilson, T.Wilson Nays: Feige, Johnson, Keller Excused: Edgmon, Gruenberg, Guttenberg, Millett P.Wilson changed from "Nay" to "Yea". And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representatives Gara, Josephson, Drummond, Kawasaki, Tarr, and Kerttula: Page 1, line 1, following "Act" (title amendment): Insert "relating to public school funding;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 14.17.470 is amended to read: Sec. 14.17.470. Base student allocation. The base student allocation is $5,830 [$5,680]." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" 2013-04-04 House Journal Page 0894 Renumber the following bill sections accordingly. Page 3, line 8: Delete "Sections 1 - 4" Insert "Sections 2 - 5" Page 3, line 9: Delete "secs. 1 - 4" Insert "secs. 2 - 5" Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. There was objection. Representative Johnson moved and asked unanimous consent that Amendment No. 3 be tabled. There was objection. The question being: "Shall Amendment No. 3 be tabled?" The roll was taken with the following result: CSHB 162(EDC) am Second Reading Table - Amendment No. 3 YEAS: 28 NAYS: 8 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, Tarr, Tuck Excused: Edgmon, Gruenberg, Guttenberg, Millett And so, the motion passed and Amendment No. 3 was tabled. Amendment No. 4 was offered by Representative Herron: 2013-04-04 House Journal Page 0895 Page 2, line 2: Delete "(c) or (d)" Insert "(c), [OR] (d), or (f)" Page 2, following line 17: Insert a new bill section to read: "* Sec. 3. AS 14.20.150 is amended by adding a new subsection to read: "(f) For teachers employed by a rural school district, the years of employment required to acquire tenure rights as provided in (a) of this section shall be reduced by two years. In this subsection, "rural school district" means a regional educational attendance area or a school district located in a small borough or first class city with a population of less than 5,500." Renumber the following bill section accordingly. Page 3, line 8: Delete "Sections 1 - 4" Insert "Sections 1 - 5" Page 3, line 9: Delete "secs. 1 - 4" Insert "secs. 1 - 5" Representative Herron moved and asked unanimous consent that Amendment No. 4 be adopted. Representative T. Wilson objected. **Representative Gara, who was excused (page 889), left the Chamber. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 162(EDC) am Second Reading Amendment No. 4 YEAS: 20 NAYS: 15 EXCUSED: 5 ABSENT: 0 2013-04-04 House Journal Page 0896 Yeas: Austerman, Drummond, Feige, Foster, Herron, Higgins, Holmes, Josephson, Kawasaki, Keller, Kerttula, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Olson, Seaton, Tarr, Thompson, Tuck Nays: Chenault, Costello, Gattis, Hawker, Hughes, Isaacson, Johnson, Lynn, Neuman, Pruitt, Reinbold, Saddler, Stoltze, P.Wilson, T.Wilson Excused: Edgmon, Gara, Gruenberg, Guttenberg, Millett And so, Amendment No. 4 was adopted. CSHB 162(EDC) am was automatically in third reading. **The presence of Representatives Gara, Millett, and Edgmon, who were excused, was noted. The question being: "Shall CSHB 162(EDC) am pass the House?" The roll was taken with the following result: CSHB 162(EDC) am Third Reading Final Passage YEAS: 28 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Chenault, Edgmon, Feige, Foster, Gattis, Hawker, Herron, Higgins, Hughes, Isaacson, Johnson, Keller, Kreiss-Tomkins, LeDoux, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Costello, Drummond, Gara, Holmes, Josephson, Kawasaki, Kerttula, Lynn, Tarr, Tuck Excused: Gruenberg, Guttenberg And so, CSHB 162(EDC) am passed the House. Representative Pruitt moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative Kerttula objected. 2013-04-04 House Journal Page 0897 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 162(EDC) am Third Reading Effective Date YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Nays: Drummond, Gara, Josephson, Kawasaki, Kerttula, Tarr, Tuck Excused: Gruenberg, Guttenberg And so, the effective date clause was adopted. Representative Gara objected to passage of CSHB 162(EDC) am and withdrew the objection. CSHB 162(EDC) am was referred to the Chief Clerk for engrossment.