Legislature(1993 - 1994)
01/31/1994 03:00 PM House HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES
STANDING COMMITTEE
January 31, 1994
3:00 p.m.
MEMBERS PRESENT
Rep. Cynthia Toohey, Co-Chair
Rep. Con Bunde, Co-Chair
Rep. Gary Davis, Vice Chair
Rep. Al Vezey
Rep. Peter Kott
Rep. Harley Olberg
Rep. Bettye Davis
Rep. Tom Brice
MEMBERS ABSENT
Rep. Irene Nicholia (excused)
COMMITTEE CALENDAR
HB 84: "An Act implementing certain recommendations of
Alaska 2000 to improve the state's education
system; and providing for an effective date."
HEARD AND HELD
WITNESS REGISTER
(There were no witnesses)
PREVIOUS ACTION
BILL: HB 84
SHORT TITLE: IMPLEMENT ALASKA 2000 RECOMMENDATIONS
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
01/22/93 135 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 135 (H) HES, JUDICIARY, FINANCE
01/22/93 135 (H) -FISCAL NOTE (DOE) 1/22/93
01/22/93 136 (H) GOVERNOR'S TRANSMITTAL LETTER
02/18/93 (H) HES AT 03:00 PM CAPITOL 106
02/18/93 (H) MINUTE(HES)
02/18/93 (H) MINUTE(HES)
04/05/93 (H) HES AT 03:00 PM CAPITOL 106
04/06/93 (H) HES AT 03:00 PM CAPITOL 106
04/06/93 (H) MINUTE(HES)
01/26/94 (H) HES AT 03:00 PM CAPITOL 106
01/31/94 (H) HES AT 03:00 PM CAPITOL 106
ACTION NARRATIVE
TAPE 94-07, SIDE A
Number 000
CHAIR BUNDE called the meeting to order at 3:02 p.m., and
asked for roll call to be taken. Rep. Irene Nicholia was
not in attendance; she was excused. Chair Bunde stated that
there was to be a continuing discussion of HB 84.
CSHB 84: "An Act relating to grants for the improvement of
school performance, to school advisory boards, and to
teacher tenure rights; and providing for an effective date."
Number 040
CHAIR BUNDE clarified by stating that before the committee
was (workdraft 8-GH1033/R) Version R of CSHB 84 that was
discussed in committee, January 26, 1994. He said Version R
incorporated changes from the previous meeting and that he
also had additional changes to recommend to the committee.
He stated that HB 84 would be addressed again on Friday and
it was his hope that it would pass out of committee.
Number 078
REP. TOOHEY made a motion to adopt Version R of CSHB 84 as a
working document.
Number 085
CHAIR BUNDE stated that there were no objections. He
continued on by listing each individual amendment and said
he would address each amendment individually after the
initial reading.
(Attachment 1 is a copy of Chair Bunde's amendments.)
Number 209
CHAIR BUNDE asked the committee to return to the first
amendment, page 3, Section 7: Delete Section 7 and
renumber. He said that he still maintained his concerns as
to what the relationship would be between the advisory board
and the PTA, and he was not willing to mandate specific
advisory councils. He felt the best that he could do was to
delete the entire section.
Number 243
REP. TOOHEY asked "are we just assuming, is there somewhere
that says this, or does that automatically take over the
PTA, will they automatically take over or are there any
functions in this that they have to take over?"
Number 250
CHAIR BUNDE said that the language in the bill, as it
exists, says that the PTA would be the local advisory board.
Number 263
REP. OLBERG related to Chair Bunde that in small communities
"you'd soon run out of people."
Number 268
CHAIR BUNDE agreed. He announced Rep. Bettye Davis' arrival
at 3:10 p.m., and apprised her of what had transpired up to
the time of her arrival. He continued on to say that the
PTAs were uncomfortable with the role of advisory board, and
hence he was deleting Section 7.
On page 5, lines 7-8, CHAIR BUNDE recommended deleting "A
tenure committee serves at the pleasure of the local school
board." He said that in further reflection, he realized
that the language could allow for the local board to hold
on-going elections until the committee was found to be
satisfactory. That was not his intent.
Number 334
REP. VEZEY asked Chair Bunde to clarify further.
Number 335
CHAIR BUNDE stated that if the composition of the committee
was not one that pleased the board, the board could keep
removing members until the committee was found to be
satisfactory.
Number 350
REP. VEZEY asked about the rotation of the tenure committee.
Number 359
CHAIR BUNDE said that the elected members serve a staggered,
three-year term.
Number 376
REP. G. DAVIS asked if the local school board acts on the
recommendations of the tenure committee.
Number 385
CHAIR BUNDE responded yes and assured Rep. G. Davis that the
tenure committee does not have the final decision.
CHAIR BUNDE continued on with the amendments. On page 5,
line 13, he recommended deleting "or" and insert "and."
Hence on page 5, line 14, Chair Bunde amended to delete "or
both." The sentence would now read: "The remaining members
shall be appointed by the local school board and shall be
representatives of school administration and the local
school board."
CHAIR BUNDE continued. On page 5, line 15, he asked to
insert "for just cause" after "terminate." The sentence
would now read: "Each member of a committee serves for a
term of three years unless the member is removed for just
cause by the local school board or no longer meets the
qualification requirement under which the person was
appointed."
(As follows, page 7, line 20, after "terminate" insert "for
just cause".)
CHAIR BUNDE referred to a statement of opposition filed in
the committee bill packets. For the record he quoted the
discontent of an Anchorage teacher in regards to the
proposed tenure revision.
Number 485
Before Chair Bunde read the statement into the record, Rep.
Gary Davis moved to adopt the recommended amendments. There
being no objections, the amendments were adopted into the
working draft.
Number 497
(Attachment 2 contains a statement of opposition from
Michael McVee.)
CHAIR BUNDE read the statement from Michael McVee that said:
"Tenure only guarantees just cause in termination
procedures. This protection is needed to insure high
quality teachers. Teachers who must be concerned with being
fired without cause may lesson (Chair Bunde proceeded to
spell lesson, L-E-S-S-O-N) requirements and be less
inventive in planning." In regards to the writer's
spelling, Chair Bunde said that perhaps indeed, there was
the need for tenure revisions.
Number 516
REP. BRICE needed clarification stating that the Fairbanks
school district supports changing the tenure law. He had
thought earlier that Chair Bunde had stated it was the
Teachers Association that supported changes in tenure.
Number 541
CHAIR BUNDE clarified and said that it was the Fairbanks
school district that was considering a five-year tenure
procedure. He continued on to say that because the National
Education Association/Alaska (NEA/AK) was in the process of
holding meetings regarding the new legislation, it was not
his intention to move the bill out of committee until
Friday, February 4.
CHAIR BUNDE stated that there would be a cost for having a
teacher leave a class to attend a review in the form of a
substitute teacher cost. He said that principals, teachers,
and school board members are on salary, and there was a
provision allowing for the school board to appoint a
representative. He said he chose not to have a parent on
the board because there would have to be compensation, and
the parent may not be available during the day for reviews.
Chair Bunde felt that the parent involvement issue would be
addressed by the fact that, most likely, the board members,
the principals, and teachers are parents also.
Number 615
REP. G. DAVIS stated that he had "a bit of a problem" with
the tenure section. He stated that it could be foreseen
that the principal would not be on the committee. He quoted
that as amended it said, "a school board shall appoint an
administrator..." He felt that could be someone from the
central office. He felt it was unclear.
Number 633
CHAIR BUNDE felt that common sense would dictate that it
would be an administrator from that school. However, he did
say that in a small district with two schools, one
administrator might serve on a tenure committee for both
schools.
Number 648
REP. TOOHEY asked if Chair Bunde had looked over the letter
from the Anchorage Education Association. She further asked
if he had looked at Section 2 of that same letter. She
asked the amount of tenure year teachers in regards to all
of them being reviewed in the fifth year.
(See Attachment 3 - a letter from Rob Pfisterer, President,
Anchorage Education Association.)
Number 661
CHAIR BUNDE asserted that there would be a tenure review
committee for each school building, and said it would not be
an unruly task.
CHAIR BUNDE asked for public testimony or further questions.
Number 691
REP. G. DAVIS stated, as he understood it, that after eleven
years a teacher could still be under review, citing what he
thought was a review after five years, and then another
review after another five years, plus the opportunity to
appeal for another year.
Number 704
CHAIR BUNDE clarified his intent. He said there would be
five years of teaching under the Alaska system with a review
each of those five years. The final year the tenure review
committee recommends tenure (or not). If the school board
decides in favor of the committee's recommendation, tenure
would be granted, and there would be no review for another
five years.
Number 720
REP. G. DAVIS asked about the extension for tenure approval
for one year.
Number 727
CHAIR BUNDE stated that the one year option was after the
secondary tenure evaluation. He pointed out that teachers
often start out strong, and then after a period of time they
lose their initial drive. If tenure is taken away after the
secondary evaluation, the teacher would be given a one-year
grace period to change any deficiency. If there is no
change after that one year, the teacher is put on an "at-
will" contract with no tenure.
Number 764
REP. BRICE, for demonstration purposes, said that a teacher
was reviewed and found to have deficiency "A". Two years
later the school board has found that deficiency "A" has
been cured, but have now discovered deficiency "B". He then
asked if the teacher had two deficient reports, would he/she
retain his/her tenure.
Number 809
CHAIR BUNDE stated that "we can't play catch 22."
Number 810
REP. BRICE asked if Chair Bunde had considered providing,
through the proposal, extra support for teachers with
deficiencies, or would the responsibility remain with the
school district?
CHAIR BUNDE said that the support was the responsibility of
the school district. He also mentioned the professional
responsibility of the individual teacher to continue on with
their own education to maintain their teaching certificate.
Number 839
REP. BRICE asked if "deficiency" was a harsh enough term to
use and suggested that maybe the term "incompetence" could
be used.
Number 852
CHAIR BUNDE responded by saying that if Rep. Brice came up
with a term better suited for his intent, he would be glad
to hear it.
Number 868
REP. BRICE felt there were certain levels of deficiency,
citing a classroom teaching deficiency and an administrative
deficiency; i.e., the teacher not filling out required
paperwork for administration.
Number 981
CHAIR BUNDE stated that the deficiencies would be defined by
a committee composed of teachers, administrators, and school
board members.
Number 905
REP. TOOHEY asked if it was the "normal job" of the
principal to see how the teachers are doing.
Number 910
CHAIR BUNDE said that theoretically it is the principal's
job, but in reality they are so busy that they seldom get
into the classroom. He also mentioned that not all
principals are as competent as they should be.
Number 922
REP. BRICE facetiously asked if principal tenure should be
considered also.
Number 923
CHAIR BUNDE stated that Representative Kott arrived at 3:25
p.m.
Number 929
REP. VEZEY continued to say that in regards to Rep. Brice's
quip, principals do serve at the pleasure of the
administration.
Number 934
CHAIR BUNDE said principals have their own organization for
review, but they don't have tenure.
Number 937
REP. G. DAVIS said that just as principals have too much to
do, so do teachers. He thought that it was asking too much
of teacher's time to be involved in the review process.
Rep. G. Davis expressed the desire to hear more debate on
CSHB 84 and said he would do further research into the
matter before the bill was passed out of committee.
Number 971
CHAIR BUNDE said he did not view the tenure revision as
burdensome and that it was an elected position that would be
a significant contribution to education.
Number 995
REP. VEZEY asked what Chair Bunde's interpretation of
academic freedom was.
Number 000
CHAIR BUNDE expressed it as "the freedom to teach as
affectively as you know how, without having to get involved
in a popularity contest to maintain your job."
Number 030
Seeing no further business before the committee, CHAIR BUNDE
ADJOURNED the meeting at 3:40 p.m.
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