Legislature(2013 - 2014)CAPITOL 106

03/27/2013 08:00 AM EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 31 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 162 TEACHER TENURE TELECONFERENCED
Moved CSHB 162(EDC) Out of Committee
                     HB 162-TEACHER TENURE                                                                                  
                                                                                                                                
8:07:48 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  announced that  the first  business would  be HOUSE                                                               
BILL  NO.  162, "An  Act  relating  to  tenure of  public  school                                                               
teachers; and providing for an effective date.                                                                                  
                                                                                                                                
8:08:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TAMMIE  WILSON,   Alaska  State  Legislature,  as                                                               
sponsor,  briefly explained  HB 162.    She said  the bill  would                                                               
change  the [probationary]  period  for  teachers seeking  tenure                                                               
from three years to five years.                                                                                                 
                                                                                                                                
8:09:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 28-                                                                   
LS0617\A.2, Wayne, 3/26/13, which read, as follows [original                                                                    
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 1, lines 11 - 14:                                                                                                     
     Delete  "If the  teacher  taught five  [THREE] or  more                                                                
     years in the federal agency  school and, at the time of                                                                    
     transfer,  had  a  valid Alaska  teaching  certificate,                                                                    
     that  teacher   shall  be  placed  on   tenure  in  the                                                                    
     absorbing district."                                                                                                       
     Insert "[IF THE  TEACHER TAUGHT THREE OR  MORE YEARS IN                                                                    
     THE  FEDERAL   AGENCY  SCHOOL  AND,  AT   THE  TIME  OF                                                                    
     TRANSFER,  HAD  A  VALID ALASKA  TEACHING  CERTIFICATE,                                                                    
     THAT  TEACHER   SHALL  BE  PLACED  ON   TENURE  IN  THE                                                                    
     ABSORBING DISTRICT.]"                                                                                                      
                                                                                                                                
     Page 2, lines 1 - 17:                                                                                                      
     Delete all material and insert:                                                                                            
        "* Sec. 2.  AS 14.20.147 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
     (d)  A school district  may immediately grant tenure in                                                                    
     the school  district to a  teacher who transfers  to or                                                                    
     is absorbed  into a school  district under (a)  of this                                                                    
     section  if  the  teacher was  employed  as  a  teacher                                                                    
     continuously for three years in  a school operated by a                                                                    
     federal  agency   and  has  a  valid   Alaska  teaching                                                                    
     certificate. A school  district shall immediately grant                                                                    
     tenure  in  the  school  district   to  a  teacher  who                                                                    
     transfers  to or  is absorbed  into  a school  district                                                                    
     under (a) of  this section if the  teacher was employed                                                                    
     as a  teacher continuously for  four years in  a school                                                                    
     operated by  a federal  agency and  has a  valid Alaska                                                                    
     teaching certificate.                                                                                                      
        * Sec. 3. 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. 4. 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                                                                             
     (2)   the break  in service  meets the  requirements of                                                                    
     (d) of this section.                                                                                                       
        * Sec.  5. 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 2, line 20:                                                                                                           
     Delete "Sections 1 and 2"                                                                                                  
     Insert "Sections 1 - 5"                                                                                                    
                                                                                                                                
     Page 2, lines 21 - 22:                                                                                                     
     Delete "secs. 1 and 2"                                                                                                     
     Insert "secs. 1 - 5"                                                                                                       
                                                                                                                                
REPRESENTATIVE P. WILSON objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  SEATON   explained  that  Amendment   1  reflects                                                               
testimony given  on the bill.   A school district should  be able                                                               
to offer  excellent teachers  an option  to receive  tenure after                                                               
three  years of  service rather  than be  restricted to  the five                                                               
years  named in  the bill.    He said  the shorter  [probationary                                                               
period] should be  an incentive for teachers to  perform well and                                                               
also  minimize retaining  ineffective  teachers in  schools.   He                                                               
recapped Amendment  1, which  does two things.   First,  it would                                                               
allow  school districts  to offer  tenure  to excellent  teachers                                                               
after  three full  years  of  service.   Second,  it would  allow                                                               
school  districts to  offer tenure  to teachers  after four  full                                                               
years of teaching  and after signing a contract for  a fifth year                                                               
of teaching.                                                                                                                    
                                                                                                                                
8:11:52 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:11 a.m. to 8:15 a.m.                                                                       
                                                                                                                                
8:15:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained that  proposed Sections 1  and 2                                                               
of  Amendment 1  relate to  federal certification  and transfers.                                                               
He directed  attention to page 1,  line 21-23, and page  2, lines                                                               
1-14, of  Amendment 1.  He  said the language in  Section 3 would                                                               
modify  the  statute  that  allows  teachers  to  receive  tenure                                                               
following the fourth  year, at the beginning of  their fifth year                                                               
of  teaching.   Specifically, this  provision would  allow school                                                               
districts  to  offer tenure  after  three  years, as  is  current                                                               
practice, but  if the school  district so desires, it  could keep                                                               
some teachers on an improvement plan  for an additional year.  If                                                               
the school district  decides to offer teachers  tenure after four                                                               
years, the teachers would be  eligible for tenure after they sign                                                               
a  contract for  the fifth  year of  teaching.   In essence,  the                                                               
effect would  be to offer  school districts an option  to require                                                               
an additional year of teaching prior to granting tenure.                                                                        
                                                                                                                                
8:18:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  suggested  that Sections  1  and 2  of                                                               
Amendment 1  could be  eliminated given the  lack of  any federal                                                               
schools in the  state.  She asked for the  reason to include this                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  T. WILSON  clarified that  proposed Section  1 of                                                               
Amendment  1  relates  to  federal agencies.    She  agreed  that                                                               
proposed  Section 2  would  change  the probationary  requirement                                                               
prior to tenure from three years to five years.                                                                                 
                                                                                                                                
REPRESENTATIVE P.  WILSON referred to  Section 2 of  Amendment 1.                                                               
She pointed out this language also mentions federal agency.                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  offered that the language  is identical to                                                               
Section 1 of the original version of HB 162.                                                                                    
                                                                                                                                
8:20:24 AM                                                                                                                    
                                                                                                                                
DAN  WAYNE,  Attorney,  Legislative  Legal  Counsel,  Legislative                                                               
Legal  Services, Legislative  Affairs Agency,  explained that  AS                                                               
14.20.147  could be  amended if  there isn't  any possibility  of                                                               
transfers to federal  agency schools.  He  offered that Amendment                                                               
1 could  be amended  on page 1,  line 2, to  read, "four  or more                                                               
years" to be  consistent with the rest of the  Amendment 2, which                                                               
sets up  a four-year  probationary period  for teachers  prior to                                                               
achieving tenure.                                                                                                               
                                                                                                                                
8:21:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  whether any federal  schools are                                                               
in Alaska.                                                                                                                      
                                                                                                                                
MR. WAYNE responded that he did not know.                                                                                       
                                                                                                                                
REPRESENTATIVE T. WILSON related  her understanding from speaking                                                               
to Senator Coghill's staff, that  Alaska no longer has any Bureau                                                               
of Indian Affairs (BIA) schools.                                                                                                
                                                                                                                                
REPRESENTATIVE P.  WILSON suggested deleting AS  14.20.147, which                                                               
refers to BIA schools to  eliminate any statutory reference since                                                               
it seems confusing.  In short, this would divide Amendment 1.                                                                   
                                                                                                                                
8:23:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  agreed that  it would  do so,  but she                                                               
cautioned against  deleting the statute without  first confirming                                                               
the  effect  of  removing  the aforementioned  statute  with  the                                                               
Department of Education and Early Development (EED).                                                                            
                                                                                                                                
8:24:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON asked for  clarification on Amendment 1.                                                               
She understood that current statutes  grant teachers tenure after                                                               
three years  [on the first day  of the fourth year  of teaching].                                                               
Amendment 1  would grant  tenure after three  years or  allow the                                                               
school district to extend the  [probationary period by] one year.                                                               
In  instances  in which  probation  is  extended, teachers  would                                                               
automatically  obtain tenure  after the  fourth year  of teaching                                                               
upon signing a contract for the fifth year of teaching.                                                                         
                                                                                                                                
MR. WAYNE answered yes.  He said he believed that is correct.                                                                   
                                                                                                                                
8:24:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  remarked that  the federal  reference will                                                               
need to  be cleared  from the  entire bill.   She then  asked the                                                               
sponsor to comment on Amendment 1.                                                                                              
                                                                                                                                
REPRESENTATIVE  T. WILSON  explained  that HB  162 would  require                                                               
teachers to  teach for five  years, plus  teach the first  day of                                                               
the sixth  year to earn tenure.   First, Amendment 1  would allow                                                               
school  districts to  consider tenure  for  teachers after  three                                                               
years of employment; or second,  to achieve tenure after teaching                                                               
four full years plus one day  into the fifth year.  She preferred                                                               
five  years [of  supervision],  since she  thinks the  additional                                                               
time is important, but she  expressed a willingness to accept the                                                               
committee's consensus.   The Fairbanks North  Star Borough School                                                               
District's (FNSBSD) teacher contracts  provide caveats that offer                                                               
some protection  for teachers.   For instance, the  FNSBSD cannot                                                               
dismiss  teachers  without  cause.   In  summary,  she  said  she                                                               
prefers the five-year probationary time frame.                                                                                  
                                                                                                                                
8:27:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  expressed   concern  that  extending  the                                                               
[supervision period] does  two things.  First, it  would create a                                                               
limbo period for teachers, since  many teachers won't buy a house                                                               
or  establish  roots  in  the  community  without  job  security.                                                               
Secondly, the  necessity for  good supervision  is absent  in the                                                               
bill,  but  the  teacher  evaluation   component  should  not  be                                                               
postponed.   The  additional year  of  supervision would  provide                                                               
school districts some flexibility, yet  to wait an additional two                                                               
years could  mean that the  decision to  "fish or cut  bait" will                                                               
not  happen.   Therefore,  an  ineffective  teacher could  easily                                                               
remain  in  a  classroom.     Certainly,  four  years  should  be                                                               
sufficient  time  for  the   school's  administration  to  decide                                                               
whether a  teacher is a  good fit, and  if the decision  can't be                                                               
made within that period, the department  isn't doing its job.  In                                                               
summary,  he expressed  concern about  extending the  supervision                                                               
and  decision-making process,  which  could  simply be  postponed                                                               
Therefore,  the  purpose  of  Amendment   1  is  to  give  school                                                               
districts more flexibility by providing  an additional year prior                                                               
earning   tenure,  but   it  does   not   diminish  the   teacher                                                               
[evaluation] process.                                                                                                           
                                                                                                                                
8:30:06 AM                                                                                                                    
                                                                                                                                
KATHERINE   GARDNER,   Director,   Human  Resources   and   Labor                                                               
Relations,  Matanuska-Susitna  Borough School  District  (MSBSD),                                                               
highlighted two  ways tenure affects  school districts.   First,,                                                               
it allows  school districts to  consider a  teacher's performance                                                               
and decide whether to continue  employing the teacher by granting                                                               
tenure.   Second, tenure also  has also has a  pretty significant                                                               
impact  when considering  layoffs.   Since 80-90  percent of  the                                                               
school district's  budget is for  staff costs, it could  help the                                                               
MSBSD  balance its  budget if  it had  the flexibility  to reduce                                                               
staff costs.   In fact,  tenured teachers can't be  issued layoff                                                               
notices, yet  the current  tenured teachers may  not be  the best                                                               
fit for  the district's program.   However, the MSBSD  must still                                                               
employ  these teachers.   In  summary, tenure  is more  than just                                                               
considering a teacher's overall  performance.  She understood the                                                               
earlier concern  that some school districts  might postpone their                                                               
decisions [on  evaluating teachers];  however, this would  not be                                                               
the  MSBSD's  intention.    Again,  this  bill  would  allow  the                                                               
district  an opportunity  to evaluate  the non-tenured  teacher's                                                               
growth to ensure sustained growth  prior to granting tenure since                                                               
granting tenure basically provides a position for life.                                                                         
                                                                                                                                
8:32:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked her  to repeat her  testimony since                                                               
the audio is garbled and he could not hear it.                                                                                  
                                                                                                                                
MS. GARDNER summarized  that the MSBSD advocates  for a five-year                                                               
time line for tenure for two  reasons.  First, it would allow the                                                               
MSBSD an  opportunity to remove  a teacher for  poor performance.                                                               
Second, it would  also allow the MSBSD an opportunity  to lay off                                                               
teachers  during times  of budget  restrictions.   Extending  the                                                               
supervisory time to  five years would allow  the MSBSD additional                                                               
flexibility to achieve a balanced  budget.  The MSBSD's intention                                                               
would  not be  to allow  ineffective  teachers to  remain in  the                                                               
classroom  longer,  but will  be  to  ensure teachers  have  made                                                               
progress, have shown growth, and are on track for tenure.                                                                       
                                                                                                                                
8:36:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND offered  her  belief  Amendment 1  makes                                                               
significant  changes to  the bill.    She hoped  that all  school                                                               
districts  would  review  Amendment   1  and  the  Department  of                                                               
Education  and Early  Development  (EED) would  weigh  in on  the                                                               
proposed amendment.                                                                                                             
                                                                                                                                
CHAIR  GATTIS  suggested that  the  committee  could continue  to                                                               
review the amendments and the  committee will take testimony from                                                               
at least one district.                                                                                                          
                                                                                                                                
REPRESENTATIVE P.  WILSON also asked  to have the EED  testify on                                                               
the amendment.                                                                                                                  
                                                                                                                                
8:38:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON acknowledged  that several approaches could                                                               
be  taken.   He  then  suggested  continuing the  discussion  and                                                               
perhaps tabling  Amendment 1, to  allow the districts  to provide                                                               
feedback.                                                                                                                       
                                                                                                                                
8:39:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  recapped the  MSBSD's testimony.   She                                                               
offered her  belief that Amendment  1, which  extends supervision                                                               
3-5 years prior  to granting teacher tenure,  will accomplish two                                                               
things.   First, it will  allow school districts  additional time                                                               
to  evaluate  teachers.    Second,  when  funding  issues  arise,                                                               
Amendment  1 would  also give  the district  more flexibility  to                                                               
retain or  dismiss teachers.   She offered her belief  the effect                                                               
of Amendment 1 will be to  increase the size of the teacher pool.                                                               
Currently, the  only way to  dismiss tenured teacher is  if there                                                               
is a  drop in enrollment or  a reduction in funding.   Certainly,                                                               
school  districts  should  have  the  ability  to  consider  each                                                               
teacher and  select the  best one for  the program  and extending                                                               
teacher   supervision  from   3-4   years   would  provide   some                                                               
flexibility to districts.                                                                                                       
                                                                                                                                
8:41:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said he hoped  to offer  another amendment                                                               
that will  work in conjunction  with Amendment 1 to  provide more                                                               
flexibility.                                                                                                                    
                                                                                                                                
8:42:52 AM                                                                                                                    
                                                                                                                                
DEENA  PARAMO, Ed.D.,  Superintendent, Matanuska-Susitna  Borough                                                               
School District (MSBSD),  said this bill was  requested by school                                                               
districts and superintendents to  allow them flexibility in times                                                               
of  staff  reductions.    Due to  provisions  in  state  statutes                                                               
regarding  tenured  teachers, the  only  way  to reduce  teaching                                                               
staff is  if the basic  need is  reduced or if  enrollment falls.                                                               
Frequently,  those two  provisions  do not  occur  in the  MSBSD.                                                               
Thus  all tenured  teachers must  be kept;  however, the  courses                                                               
needed for students are not  considered in the decision to retain                                                               
teachers.   This bill  would allow a  larger pool  of non-tenured                                                               
staff  and would  give the  district  additional flexibility  for                                                               
retention decisions.   Thus the  effective teachers  and specific                                                               
teachers  needed  for courses  could  also  be considered.    She                                                               
assured members  that the  MSB school  district is  interested in                                                               
evaluating teachers, but noted it  is also important to observe a                                                               
teacher's effectiveness over  a period of time.   She offered her                                                               
belief  that  some teachers  were  offered  tenure without  being                                                               
evaluated  fairly, but  the impetus  for  this bill  is to  allow                                                               
school districts  the ability to  make the determination  for the                                                               
best  staffing for  schools given  a reduction  in funding.   She                                                               
clarified that the basic needs continues to increase.                                                                           
                                                                                                                                
8:45:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER understood  a larger  teacher pool  would                                                               
give  the  school district  additional  flexibility  to meet  its                                                               
budget  with funding  constraints.   He asked  whether a  teacher                                                               
without  tenure   is  automatically  considered  to   be  a  less                                                               
effective teacher  than a tenured  teacher.  He clarified  that a                                                               
teacher with  two and a half  years of experience could  be doing                                                               
as good a job as someone who is a tenured teacher.                                                                              
                                                                                                                                
MS. PARAMO agreed.   She said time does not  necessarily create a                                                               
better teacher.                                                                                                                 
                                                                                                                                
8:46:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  for the  percentage of  new teacher                                                               
hires that the MSBSD makes each year.                                                                                           
                                                                                                                                
MS. PARAMO estimated about 40  new teachers were hired this year;                                                               
however,  the  majority  of  these  new  hires  were  in  special                                                               
education  and other  specialty areas.   She  clarified that  the                                                               
MSBSD  is   not  currently  hiring  many   general  education  or                                                               
elementary teachers.                                                                                                            
                                                                                                                                
8:47:44 AM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards (AASB), related  that a number of school  boards have been                                                               
in  Juneau  this  week  discussing issues  and  challenges.    He                                                               
reported  his involvement  in  1995 in  crafting  changes to  the                                                               
tenure law.   That effort led  to changes to the  statutes, which                                                               
included removing trial  de novo provisions which  required a new                                                               
trial.  Plans  of improvement were also put into  place to ensure                                                               
that teachers had an opportunity  to improve instruction prior to                                                               
non-retention.    Additionally,  provisions  allowed  teachers  a                                                               
hearing at the local level or  proceed to arbitration.  He stated                                                               
that the legislative  process was lengthy and the  first bill was                                                               
vetoed by the governor, but  ultimately the effort led to passage                                                               
of revised teacher tenure.                                                                                                      
                                                                                                                                
MR. ROSE  stated that  the issue today  is constraints  on school                                                               
districts.   His membership understands the  strain on principals                                                               
in  classrooms  to  document  performance  for  non-retention  is                                                               
extremely  difficult.   He  said  that  the  issue today  is  the                                                               
difficulty  for oversight  based  on the  requirements placed  on                                                               
administrators  as well  as funding  shortfalls.   One issue  has                                                               
been the need to meet  requirements of highly qualified teachers.                                                               
He  said the  best  qualified teachers  tend to  be  put "on  the                                                               
block"  for non-retention.   The  five-year option  would provide                                                               
school districts with  some latitude and in fact,  five years was                                                               
originally  discussed  during  the   1995  revisions  to  teacher                                                               
tenure.   This  approach is  supported by  the school  districts'                                                               
superintendents, primarily due to  the additional pressure placed                                                               
on the system.   These superintendents support the  bill since it                                                               
will grant latitude  to make decisions.   He related difficulties                                                               
for recruitment exist,  but under the bill,  the school districts                                                               
would  have larger  pools.   The problems  school districts  face                                                               
raise the issue of tenure itself.   In closing, the AASB supports                                                               
the bill.                                                                                                                       
                                                                                                                                
8:52:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked for clarification  regarding layoff                                                               
considerations.                                                                                                                 
                                                                                                                                
MR. ROSE offered his belief  that the bill will allow flexibility                                                               
since the  window for tenure is  a five-year window instead  of a                                                               
three-year  window.    He explained  that  the  school  districts                                                               
recruit the  highest qualified teachers,  but these  teachers are                                                               
vulnerable during  times of layoff since  non-tenured teachers do                                                               
not have the protections that tenured teachers have.                                                                            
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether teachers in  the first five                                                               
years  of  employment  are  the   teachers  "on  the  block"  for                                                               
termination.                                                                                                                    
                                                                                                                                
MR.  ROSE clarified  that some  districts have  shop teachers  or                                                               
music teachers who  are tenured teachers.   However, teachers who                                                               
are  recruited for  math or  science are  often placed  in layoff                                                               
status  since they  are non-tenured  teachers.   The  non-tenured                                                               
teachers  must be  laid off  prior  to considering  not-retaining                                                               
tenured   teachers.     Thus   qualifications  become   secondary                                                               
considerations to tenure when school districts make decisions.                                                                  
                                                                                                                                
REPRESENTATIVE SADDLER asked whether  the more recently recruited                                                               
teachers are  the most  qualified.  He  recalled him  saying that                                                               
the  best teachers  are "on  the block."   He  asked for  further                                                               
clarification.                                                                                                                  
                                                                                                                                
MR. ROSE  said he was  referring to  the category of  teachers as                                                               
highly qualified  teachers who  have been  specifically recruited                                                               
for science  or math, despite  the fact that these  teachers will                                                               
be  cut first  when  funding  issues arise.    In  response to  a                                                               
question  he said  a band  teacher  would be  most qualified  for                                                               
music.   However, the recruitment of  "highly qualified teachers"                                                               
would be the ones he referred to earlier.                                                                                       
                                                                                                                                
8:55:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether Amendment 1  is supported by                                                               
the AASB.   Amendment 1  would allow tenure for  highly qualified                                                               
teachers after  three years.   If the  AASB did  not specifically                                                               
discuss this aspect, he asked him to state his personal opinion.                                                                
                                                                                                                                
MR. ROSE  answered the  AASB did  not specifically  address this.                                                               
He  thought Amendment  1  made  sense since  it  would allow  the                                                               
school  district an  opportunity  to offer  tenure protection  to                                                               
highly qualified teachers in three  years.  He offered his belief                                                               
that the  AASB would support  Amendment 1, but he  refrained from                                                               
offering official support since the  AASB has supported HB 162 as                                                               
introduced.                                                                                                                     
                                                                                                                                
8:57:25 AM                                                                                                                    
                                                                                                                                
RON  FURHER, President,  National  Education Association,  Alaska                                                               
(NEA-Alaska), said  that 32 states  have the exact  same timeline                                                               
for tenure.   In  fact, the  state is in  an "attract  and retain                                                               
mode"  for   the  best  quality  teachers,   while  teachers  are                                                               
considering  career opportunities.    Most  teachers spend  their                                                               
career  in one  state and  sometimes  one school  district.   For                                                               
instance, he has spent 32  years in the Anchorage School District                                                               
(ASD).   The defined benefit plan  has been reduced to  a defined                                                               
contribution plan, which  is one component a  career teacher will                                                               
consider  when deciding  to take  a job.   Another  consideration                                                               
will be the  length of time to achieve  stability through teacher                                                               
tenure.   He stated that tenured  teachers can be dismissed.   He                                                               
asked whether the  changes [in the bill] will  improve the system                                                               
or if it will become another hurdle for teachers.                                                                               
                                                                                                                                
8:59:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether he supported Amendment 1.                                                                  
                                                                                                                                
MR.  FURHER  confirmed that  he  supports  Amendment 1  over  the                                                               
original bill.                                                                                                                  
                                                                                                                                
8:59:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  how  long he  has  taught in  the                                                               
district.                                                                                                                       
                                                                                                                                
MR. FURHER  answered that he  has taught  32 years in  Alaska and                                                               
four years in the Lower 48.                                                                                                     
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  how many  teachers are  dismissed                                                               
once they are tenured.                                                                                                          
                                                                                                                                
MR. FURHER answered his knowledge would be limited to the ASD.                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  for   a  percentage  of  tenured                                                               
teachers.                                                                                                                       
                                                                                                                                
MR. FURHER answered perhaps 5-10  percent, although he noted some                                                               
teachers are given an option to resign.                                                                                         
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether 5-10  percent of  tenured                                                               
teachers are laid off each year.                                                                                                
                                                                                                                                
MR.  FURHER  responded that  he  is  guessing  at the  number  of                                                               
teachers who are laid off.                                                                                                      
                                                                                                                                
9:00:57 AM                                                                                                                    
                                                                                                                                
[The committee  treated the public  testimony on HB 162  as being                                                               
closed.]                                                                                                                        
                                                                                                                                
9:01:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  table  Amendment  1  to  allow                                                               
discussion on the next amendment.                                                                                               
                                                                                                                                
REPRESENTATIVE SADDLER objected.  He said he would like a vote.                                                                 
                                                                                                                                
CHAIR GATTIS said the motion is to table Amendment 1.                                                                           
                                                                                                                                
9:03:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  stated the motion  to table is to  put the                                                               
motion aside for consideration at a later time.                                                                                 
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  for  clarification  on whether  the                                                               
next amendment would be discussed.                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON said his intention  to table Amendment 1 is                                                               
to offer Amendment 2.                                                                                                           
                                                                                                                                
9:03:32 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:03 a.m. to 9:06 a.m.                                                                       
                                                                                                                                
9:06:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  withdrew the motion to  table Amendment 1.                                                               
There being  no objection,  the motion to  table Amendment  1 was                                                               
withdrawn.                                                                                                                      
                                                                                                                                
9:06:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  withdrew Amendment  1.    There being  no                                                               
objection, Amendment 1 was withdrawn.                                                                                           
                                                                                                                                
9:06:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to adopt  Amendment 2,  labeled 28-                                                               
LS0617\A.3,  Wayne,  3/26/13,  which read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, following line 17:                                                                                                 
     Insert new bill sections to read:                                                                                          
         "* Sec. 3. AS 14.20 is amended by adding a new                                                                     
     section to read:                                                                                                           
          Sec. 14.20.152. Tenure subject to review. After a                                                                   
     teacher   acquires   tenure   under   AS 14.20.147   or                                                                    
     14.20.150 or reacquires  tenure under AS 14.20.150, the                                                                    
     tenure shall  be reviewed by  the school  employing the                                                                    
     teacher at the end  of each subsequent five-year period                                                                    
     of  continuous  employment.  The  school  district  may                                                                    
     terminate  the  tenure  if,   upon  conclusion  of  the                                                                    
     review,  the  school  district finds  that  during  the                                                                    
     five-year review period                                                                                                    
               (1)  the teacher did not meet the school                                                                         
     district's goals  for student academic  achievement for                                                                    
     two of the five years;                                                                                                     
               (2)  the teacher's work performance did not                                                                      
     improve as  required in a plan  of improvement provided                                                                    
     under AS 14.20.149; or                                                                                                     
               (3)  the teacher did not adequately assist                                                                       
     the  school  district  with  the  implementation  of  a                                                                    
     school-wide change  made by the school  district to the                                                                    
     instructional model that is used  by a school where the                                                                    
     teacher is employed.                                                                                                       
        * Sec. 4. AS 14.20.160 is amended to read:                                                                            
          Sec. 14.20.160. Loss of tenure rights. Tenure                                                                       
     rights are  lost when the  teacher's employment  in the                                                                    
     district is  interrupted or  terminated or  when tenure                                                                
     is  terminated under  AS 14.20.152. However,  a teacher                                                                
     on  layoff status  does not  lose tenure  rights during                                                                    
     the  period   of  layoff   except  as   provided  under                                                                    
     AS 14.20.177."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 20:                                                                                                           
          Delete "Sections 1 and 2"                                                                                             
          Insert "Sections 1 - 4"                                                                                               
                                                                                                                                
     Page 2, lines 21 - 22:                                                                                                     
          Delete "secs. 1 and 2"                                                                                                
          Insert "secs. 1 - 4"                                                                                                  
                                                                                                                                
9:06:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected for the purpose of discussion.                                                                
                                                                                                                                
9:06:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON explained Amendment 2, such that tenure                                                                   
would be under review.  Once a teacher acquired tenure, it could                                                                
be reviewed every five years.   A school district could terminate                                                               
a tenure  teacher if the  school district determined  the teacher                                                               
did not  meet one of three  criteria.  First, if  the teacher did                                                               
not meet the  school district's goals for  student achievement in                                                               
two of five years; Second,  if the teacher's work performance did                                                               
not improve as  required in a plan of  improvement provided under                                                               
AS 14.20.149; or third, if  the teacher did not adequately assist                                                               
the  school district  with the  implementation of  a school  wide                                                               
change made  by the  school district  to the  instructional model                                                               
used where the teacher is employed.                                                                                             
                                                                                                                                
9:08:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  whether Amendment 2  could stand                                                               
without Amendment 1.                                                                                                            
                                                                                                                                
MR. WAYNE answered yes.                                                                                                         
                                                                                                                                
9:08:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said Amendment  2 would  allow flexibility                                                               
by  adding  three additional  criteria.    It would  help  ensure                                                               
tenured teachers continue to work  on improvement and integration                                                               
of instructional  models.  It  would help the school  system move                                                               
forward  and operate  efficiently.   Additionally,  it would  tie                                                               
teacher performance  to student  performance in  two of  the past                                                               
five years.                                                                                                                     
                                                                                                                                
9:10:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER referred  to  Amendment  2, lines  14-16,                                                               
which  he suggested  would  help nudge  teachers  to embrace  the                                                               
school's instructional  model and  if not, consequences  would be                                                               
imposed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON answered yes.                                                                                             
                                                                                                                                
9:11:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  asked for clarification on  the existing                                                               
consequences  for teachers  whose work  performance has  not been                                                               
improving in a plan of improvement provided under AS 14.20.149.                                                                 
                                                                                                                                
9:12:26 AM                                                                                                                    
                                                                                                                                
MIKE  HANLEY, Commissioner,  Department  of  Education and  Early                                                               
Development (EED),  said a  school district  could take  steps to                                                               
address the deficiencies and move towards termination.                                                                          
                                                                                                                                
REPRESENTATIVE  DRUMMOND  clarified   that  currently  a  tenured                                                               
teacher could  be terminated  if their  work performance  did not                                                               
improve as required in a plan of improvement.                                                                                   
                                                                                                                                
COMMISSIONER  HANLEY concurred.    He explained  in instances  in                                                               
which a  teacher has been deemed  non-compliant or unsatisfactory                                                               
on the  teaching content standards  and a plan of  improvement is                                                               
instituted  and improvement  doesn't take  place, the  ability to                                                               
take further actions, including termination, currently exists.                                                                  
                                                                                                                                
9:13:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON asked  whether the bill  would lengthen                                                               
the time for a teacher to have an opportunity for improvement.                                                                  
                                                                                                                                
COMMISSIONER HANLEY  responded that the requirement  to terminate                                                               
or  implement corrections  would  be less  stringent  prior to  a                                                               
teacher attaining tenure.   Thus lengthening the  time to acquire                                                               
tenure under  the bill  would make  it is  easier to  terminate a                                                               
teacher or to impose corrections.                                                                                               
                                                                                                                                
9:14:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if Amendment 2 would  make it easier                                                               
to terminate a teacher who has already acquired tenure.                                                                         
                                                                                                                                
COMMISSIONER HANLEY deferred to the bill drafter.                                                                               
                                                                                                                                
9:15:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON said  Amendment  2  would make  tenure                                                               
subject to  review.  She read  lines 4-16, of Amendment  2, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     The school district may terminate the tenure if, upon                                                                      
      conclusion of the review, the school district finds                                                                       
     that during the five year review period                                                                                    
                                                                                                                                
       (1) the teacher did not meet the school district's                                                                       
     goals for student academic achievement for two of the                                                                      
     five years;                                                                                                                
     (2) the  teacher's work performance did  not improve as                                                                    
     required  in a  plan of  improvement provided  under AS                                                                    
     14.20.149; or                                                                                                              
                                                                                                                                
     (3) the  teacher did not  adequately assist  the school                                                                    
     district  with  the  implementation  of  a  school-wide                                                                    
     change   made   by   the   school   district   to   the                                                                    
     instructional model that is used  by a school where the                                                                    
     teacher is employed.                                                                                                       
                                                                                                                                
REPRESENTATIVE P. WILSON  suggested that if a  teacher decided to                                                               
use iPads  but one of  the teachers  refused it would  fall under                                                               
paragraph (3) and would be a reason not to retain a teacher.                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON then read  lines 18-23 of  Amendment 2,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Tenure rights  are lost  when the  teacher's employment                                                                    
     in the  district is interrupted  or terminated  or when                                                                  
     tenure  is terminated  under AS  14.20.152. However,  a                                                                  
     teacher on  layoff status does  not lose  tenure rights                                                                    
     during the  period of layoff  except as  provided under                                                                    
     AS 14.20.177.                                                                                                              
                                                                                                                                
9:17:15 AM                                                                                                                    
                                                                                                                                
COMMISSIONER HANLEY expressed concern  about not having Amendment                                                               
2  before  him.    At  first   glance,  it  seemed  to  him  that                                                               
unsatisfactory  work  performance  or  insubordination  would  be                                                               
reasons to reevaluate tenured teachers every five years.                                                                        
                                                                                                                                
9:18:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked how  a  tenured  teacher can  lose                                                               
tenure  for  their  transgressions.     He  asked  whether  other                                                               
circumstances currently exist for teachers to lose tenure.                                                                      
                                                                                                                                
COMMISSIONER  HANLEY  answered  that  the  Professional  Teaching                                                               
Practice  Commission  sets  up  criteria  which  could  call  for                                                               
immediate termination.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether  other circumstances  were                                                               
considered but  not included.  He  further asked him to  speak to                                                               
the three criteria in the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON  said  Amendment  2 does  not  delete  the                                                               
current  statute.   He explained  that  the intent  is to  ensure                                                               
effective teachers, who advance  education and have a willingness                                                               
to conform  to instructional models  required in a district.   He                                                               
suggested that at  times some teachers become set  in their ways.                                                               
Amendment 2  was developed to  ensure teachers remain up  to date                                                               
in teaching  practices and  can help students  to improve  in 2-5                                                               
years.                                                                                                                          
                                                                                                                                
REPRESENTATIVE   SADDLER  understood   the  state   is  currently                                                               
considering  having  student  performance  become  an  aspect  of                                                               
teacher  evaluation.    He  wondered if  this  would  weaken  the                                                               
protections of tenure.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON  said the  effect  of  Amendment 2  is  to                                                               
ensure  that  tenured  teachers are  advancing  in  instructional                                                               
models  and students  are learning.   This  is not  attempting to                                                               
weaken  tenure, but  to ensure  teacher professional  development                                                               
and student development continues.                                                                                              
                                                                                                                                
9:22:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  the department  how many  tenured                                                               
teachers are terminated per year.                                                                                               
                                                                                                                                
COMMISSIONER  HANLEY said  the determinations  are  at the  local                                                               
level and the department does not retain those records.                                                                         
                                                                                                                                
9:24:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  asked   whether  the   sponsor  supports                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  answered yes;  since it  would give  a                                                               
five  year  review  of  tenured  teachers,  which  will  work  in                                                               
conjunction  with the  new evaluations  being  considered by  the                                                               
Board of Education and will  give superintendents another tool in                                                               
their toolbox.                                                                                                                  
                                                                                                                                
9:25:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND questioned  the  need  for Amendment  2.                                                               
She explained that  if a plan of improvement is  in place why the                                                               
other criteria in paragraphs (1) &  (3) could also be included in                                                               
the plan  of improvement.   She further  asked whether  goals for                                                               
student  academic achievement  could be  made part  of a  plan of                                                               
improvement as well as implementing a school-wide change.                                                                       
                                                                                                                                
9:26:43 AM                                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE T.  WILSON explained that Amendment  2 would allow                                                               
a  five-year   evaluation  for  all  teachers,   which  does  not                                                               
currently occur,  whereas the  plan of  correction is  limited to                                                               
those not currently meeting the goals.                                                                                          
                                                                                                                                
9:27:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  agreed.    He  explained  the  intent  of                                                               
Amendment  2 is  to underscore  the necessity  for accountability                                                               
for   teachers,  including   professional  development,   student                                                               
achievement,    and   implementing    school-wide   changes    to                                                               
instructional models.                                                                                                           
                                                                                                                                
9:28:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  offered that  Amendment 2  would allow                                                               
additional flexibility  for districts to handle  situations which                                                               
may be  new to the  profession, given the changing  atmosphere of                                                               
the  classroom.    It  provides a  five-year  review  of  teacher                                                               
performance, which may be helpful to schools.                                                                                   
                                                                                                                                
9:30:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  if   Amendment  2  would  require                                                               
additional administrative effort.                                                                                               
                                                                                                                                
REPRESENTATIVE T.  WILSON offered  her belief  that it  would not                                                               
create an additional burden.                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON removed her objection to Amendment 2.                                                                  
                                                                                                                                
REPRESENTATIVE DRUMMOND objected.                                                                                               
                                                                                                                                
9:31:40 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:31 a.m. to 9:32 a.m.                                                                       
                                                                                                                                
9:32:43 AM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Seaton, P. Wilson,                                                               
Reinbold,  LeDoux, Saddler,  and  Gattis voted  in  favor of  the                                                               
adoption of  Amendment 2.  Representative  Drummond voted against                                                               
it.  Therefore, Amendment 2 was adopted by a vote of 6-1.                                                                       
                                                                                                                                
9:33:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt Amendment 1, which was                                                                     
previously offered, labeled 28-LS0617\A.2, Wayne, 3/26/13, which                                                                
read, as follows [original punctuation provided]:                                                                               
                                                                                                                                
     Page 1, lines 11 - 14:                                                                                                     
     Delete  "If the  teacher  taught five  [THREE] or  more                                                                
     years in the federal agency  school and, at the time of                                                                    
     transfer,  had  a  valid Alaska  teaching  certificate,                                                                    
     that  teacher   shall  be  placed  on   tenure  in  the                                                                    
     absorbing district."                                                                                                       
     Insert "[IF THE  TEACHER TAUGHT THREE OR  MORE YEARS IN                                                                    
     THE  FEDERAL   AGENCY  SCHOOL  AND,  AT   THE  TIME  OF                                                                    
     TRANSFER,  HAD  A  VALID ALASKA  TEACHING  CERTIFICATE,                                                                    
     THAT  TEACHER   SHALL  BE  PLACED  ON   TENURE  IN  THE                                                                    
     ABSORBING DISTRICT.]"                                                                                                      
                                                                                                                                
     Page 2, lines 1 - 17:                                                                                                      
     Delete all material and insert:                                                                                            
        "* Sec. 2.  AS 14.20.147 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
     (d)  A school district  may immediately grant tenure in                                                                    
     the school  district to a  teacher who transfers  to or                                                                    
     is absorbed  into a school  district under (a)  of this                                                                    
     section  if  the  teacher was  employed  as  a  teacher                                                                    
     continuously for three years in  a school operated by a                                                                    
     federal  agency   and  has  a  valid   Alaska  teaching                                                                    
     certificate. A school  district shall immediately grant                                                                    
     tenure  in  the  school  district   to  a  teacher  who                                                                    
     transfers  to or  is absorbed  into  a school  district                                                                    
     under (a) of  this section if the  teacher was employed                                                                    
     as a  teacher continuously for  four years in  a school                                                                    
     operated by  a federal  agency and  has a  valid Alaska                                                                    
     teaching certificate.                                                                                                      
        * Sec. 3. 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. 4. 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                                                                             
     (2)   the break  in service  meets the  requirements of                                                                    
     (d) of this section.                                                                                                       
        * Sec.  5. 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 2, line 20:                                                                                                           
     Delete "Sections 1 and 2"                                                                                                  
     Insert "Sections 1 - 5"                                                                                                    
                                                                                                                                
     Page 2, lines 21 - 22:                                                                                                     
     Delete "secs. 1 and 2"                                                                                                     
     Insert "secs. 1 - 5"                                                                                                       
                                                                                                                                
9:33:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected.                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that   Amendment  1  works  in                                                               
conjunction  with  Amendment  2.     It  would  give  the  school                                                               
districts  the  flexibility  to  offer  tenure  at  three  years.                                                               
Additionally, it adds one additional  year for tenure, whereas HB                                                               
162  would increase  the probationary  or  supervisory period  to                                                               
five years.                                                                                                                     
                                                                                                                                
9:34:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  offered   her  belief   that  school                                                               
districts could currently do this.                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON answered that  statutes specify when tenure                                                               
is attained, but  does not include an option to  offer tenure for                                                               
other timeframes.                                                                                                               
                                                                                                                                
REPRESENTATIVE  P. WILSON  disagreed.   She said  that a  teacher                                                               
could be provided a longer contract to accomplish tenure.                                                                       
                                                                                                                                
9:35:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND offered support  for Amendment 1 since it                                                               
offers  flexibility to  school districts.   However,  she offered                                                               
her belief that if this bill  passes the school district can only                                                               
offer tenure on the first day of the 6th year.                                                                                  
                                                                                                                                
9:36:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON maintained her objection.                                                                              
                                                                                                                                
9:36:48 AM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Seaton and Drummond                                                               
voted in favor  of the adoption of Amendment  1.  Representatives                                                               
P.  Wilson, LeDoux,  Saddler, Reinbold,  and  Chair Gattis  voted                                                               
against it.   Therefore, Amendment  1 failed  to be adopted  by a                                                               
vote of 2-5.                                                                                                                    
                                                                                                                                
9:37:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON moved to  report HB 162, as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal  note.   There being  no objection,  the CSHB                                                               
162(EDC)  was   reported  from   the  House   Education  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
9:38:25 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:38 a.m. to 9:40 a.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
01 HB 31-A Bill Text.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
02 HB 31 Sponsor Statement.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
03 HB 31 Sectional Analysis.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
04 HB 31Fiscal Note - EED-TLS-3-21-13.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
05 HB 31 Backup - AS 14.03.075.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
06 HB 31 Backup - AK ED PLAN.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
07 HB 31 Backup AK Content History 06.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
08 HB 31 Backup 4 AAC 04.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
09 HB 31 Backup Ak History stand 06.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
10 HB 31 Backup - Transcript - Chief Justice Walter Carpeneti.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
11 HB 31 Backup - Article - Handouts, Morality and Common Sense - Williams.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
12 HB 31 Backup - BILLS-108hr1078ih.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
13 HB 31 Backup - BILLS-108s504rfh.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
14 HB 31 Backup - Article - Civic's dunces Natl.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
15 HB 31 Backup - 44 pages unconstitutional laws.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
16 HB 31 Backup - Price Paid.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
17 HB 31 HB 5 Letter Support - Healy.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
18 HB 31 HB 5 Letter Support - Haines.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
19 HB 31 HB 5 Letter Support -Anchorage.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
01 HB 162 Bill Text.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
02 HB 162 Sponsor Statement.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
03 HB 162 Fiscal Note EED-TLS-3-14-13.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
04 HB 162 Support Doc - The Next American 10-23-2012.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
05 HB 162 Support Doc-Pro & Con ProCon.org-updated 02-05-2013.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
06 HB 162 Support Doc-Teacher Tenure ProCon.org-Updated 02-05-2013.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
07 HB 162 Support Doc-Teaching Quality Teacher Tenure 09-2011.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
08 HB 162 Support Doc-Time Mag. Artical Nov. 2008.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
09 HB 162 Amendment No. 1.pdf HEDC 3/27/2013 8:00:00 AM
HB 162
10 HB 162 Amendment No. 2.PDF HEDC 3/27/2013 8:00:00 AM
HB 162