Legislature(2013 - 2014)

2013-04-04 House Journal

Full Journal pdf

2013-04-04                     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.