Legislature(1999 - 2000)
03/22/1999 01:45 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
March 22, 1999
1:45 p.m.
MEMBERS PRESENT
Senator Pete Kelly, Vice-Chairman
Senator Gary Wilken
Senator Kim Elton
MEMBERS ABSENT
Senator Mike Miller, Chairman
Senator Drue Pearce
COMMITTEE CALENDAR
SENATE BILL NO. 73
"An Act relating to assisted living homes; and providing for an
effective date."
-HEARD AND HELD
CS FOR HOUSE BILL NO. 27(HES)
"An Act relating to financial aid received for medical education
and financial aid received by students participating in the Western
Interstate Commission on Higher Education Professional Student
Exchange Program; relating to the Western Regional Higher Education
Compact; and providing for an effective date."
-HEARD AND HELD
SENATE BILL NO. 95
"An Act relating to the combination of grades that constitute
junior high, middle, or secondary school."
-HEARD AND HELD
SENATE BILL NO. 98
"An Act relating to teacher tenure."
-HEARD AND HELD
SENATE BILL NO. 9
"An Act relating to the calculation of employee contributions and
credited service in the public employees' retirement system for
noncertificated employees of school districts, regional educational
attendance areas, the Alaska Vocational Technical Center, and the
state boarding schools; and providing for an effective date."
-MOVED CSSB 9(HES) OUT OF COMMITTEE
SENATE BILL NO. 105
"An Act determining the facilities constituting a school for
purposes of public school funding; and providing for an effective
date."
-SCHEDULED BUT NOT HEARD
PREVIOUS SENATE COMMITTEE ACTION
SB 73 - See HESS minutes dated 3/17/99
HB 27 - No previous action to report
SB 95 - No previous action to report
SB 98 - No previous action to report
SB 9 - See Labor & Commerce minutes dated 3/9/99
SB 105 - No previous action to report
WITNESS REGISTER
Ms. Alison Elgee, Deputy Commissioner
Department of Administration
PO Box 110200
Juneau, AK 99811-0200
POSITION STATEMENT: Commented on SB 73
Ms. Gina Macdonald, Special Projects Coordinator
Department of Health & Social Services
Division of Mental Health & Developmental
Disabilities
PO Box 110620
Juneau, AK 99811-0620
POSITION STATEMENT: Commented on SB 73
Ms. Montafaye Lane
Alaska Care givers
109 E. 5th Avenue
North Pole, AK 99705
POSITION STATEMENT: Commented on SB 73
Representative Eldon Mulder
Alaska State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Presented HB 27
Ms. Diane Barrans, Executive Director
Alaska Commission on Postsecondary Education
3030 Vintage Blvd.
Juneau, AK 99899801-7109
POSITION STATEMENT: Commented on HB 27
Ms. Debbie Ossiander
Anchorage School Board
PO Box 670772
Chugiak, AK 99567
POSITION STATEMENT: Commented on SB 95 and SB 98
Ms. Kathi Gillespie
Anchorage School Board
2741 Seafarer Loop
Anchorage, AK 99516
POSITION STATEMENT: Commented on SB 95 and SB 98
Mr. Carl Rose, Executive Director
Alaska Association of School Boards
316 W. 11th St.
Juneau, AK 99801
POSITION STATEMENT: Commented on SB 95, SB 98 and SB 9
Senator Randy Phillips
Alaska State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Presented SB 95
Mr. Michael Morgan, Facilities Manager
Department of Education
801 W. 10th St., Ste. 200
Juneau, AK 99801-1894
POSITION STATEMENT: Commented on SB 95
Senator Lyda Green
Alaska State Capitol
Juneau, AK 99811-1182
POSITION STATEMENT: Presented SB 98
Mr. Richard Blair
Northwest Arctic Borough School District
PO Box 51
Kotzebue, AK 99752
POSITION STATEMENT: Commented on SB 98
Mr. John Cyr, President
NEA Alaska
114 2nd St.
Juneau, AK 99801
POSITION STATEMENT: Commented on SB 98 and SB 9
Mr. Don Etheridge
Public Employees Local 71
710 W. 9th
Juneau, AK 99801
POSITION STATEMENT: Supported SB 9
Mr. Larry Wiget
Anchorage School District
4600 DeBarr Road
Anchorage, AK 99519
POSITION STATEMENT: Supported SB 9
ACTION NARRATIVE
TAPE 99-13, SIDE A
Number 001
VICE-CHAIRMAN KELLY called the Senate Health, Education and Social
Services (HESS) Committee to order at 1:45 p.m. announced that the
committee would move SB 9 out today and hear public testimony on SB
73, HB 27, SB 95 and SB 98. Senator Miller had asked him to
address the two pay structures in the geographic differential
fiscal notes on SB 73.
SB 73-ASSISTED LIVING FACILITIES
Number 026
MS. ALISON ELGEE, Deputy Commissioner for the Department of
Administration stated the department was asked to prepare draft
fiscal notes representing one scenario that would include paying a
geographic differential, and one scenario that would exclude paying
a geographic differential.
The four different fiscal notes in the committee packets include
two from the Division of Senior Services (DSS) and two from the
Department of Health and Social Services, Division of Mental Health
& Developmental Disabilities. She would speak to the DSS fiscal
notes, but stated the methodology is similar in both the
departments' fiscal notes.
At the present time the assisted living rate structure has a base
rate of $30, with the department providing a geographic
differential to recognize the difference in the cost of doing
business throughout the state. This is done on a regional basis,
with the geo-differential ranging from a zero base rate in
Anchorage and Southeast Alaska to a high of 38% in the rural parts
of the state. The Interior region is at 15%, Western Alaska is at
33%, with Northwestern the highest at 38%. The department
presently pays a .4% differential in the Palmer-Wasilla area.
The difference between the two notes marked "Draft" is the cost if
the geographic differential approach is continued with the new rate
structure, as proposed for a potential CS, and the cost if the
geographic differential were eliminated.
MS. ELGEE stated the committee needs to be aware of one anomaly
that at the proposed $50 rate for the first year, the department
would actually be paying less to the Northwest Alaska region than
it presently pays under a $30 base rate with a differential.
Number 075
MS. GINA MACDONALD, Division of Mental Health & Developmental
Disabilities, agreed that the fiscal note methodology was similar.
The only difference was that DHSS uses a personal allowance of $100
per person, while DOA uses a $75 personal allowance, which impacts
the amount of money that DHSS needs for the assisted living home
provider. She stated this needs to be clarified for a final fiscal
note.
Number 094
SENATOR ELTON asked the history of the rate differentials.
MS. ELGEE replied she was not sure but she thought the
differentials have been in place at least since the last rate
adjustment in 1984. DOA uses the geo differentials for the
statutory pay structure, except the pay structure includes many
more differentials than these fiscal notes. The department uses a
regional approach and the differential most appropriate for the
region. MS. MACDONALD said she did not know the history.
SENATOR ELTON commented there have been a lot of changes during the
last ten years.
Number 118
VICE-CHAIRMAN KELLY repeated that SB 73 would not be passing out
today. Senator Miller has not seen the fiscal notes yet, and he
wanted the committee to look at them today. SB 73 will be
rescheduled and the committee will go through the rest of the bill
at the next meeting. He said that Montafaye Lane is on-line in
Fairbanks to testify on SB 73.
Number 123
MS. MONTAFAYE LANE asked the committee where the state would get
the money to put a general relief client she doesn't want in her
assisted living home in a nursing home like Denali Center that
ranges in cost from $5600 to $9000 a month, depending on the level
of care. It's impossible for the small bed assisted living homes to
make a living and care for these people at the Fairbanks rate of
$34.50 a day. Even with the increase to $70, Alaska would still be
below the national average for cost of care. "I say we need the
$70 a day and we also need the differential added on because there
are parts of this state where it's very high for electricity and
fuel. I know, I paid $600 a month for fuel in Fairbanks."
The Pioneer Homes are subsidized by the state, with employees
getting insurance, retirement and vacation pay. MS. LANE said she
has none of that, and also no way to recover on damages and repair
bills to her home.
MS. LANE emphasized that if the rate increase is not voted in,
there's no way she can continue after July 1 on her budget to
provide this service to general relief clients. The division has
done a good job getting the providers more education and training.
But she's been in the business and licensed in Alaska since 1991,
and she griped about the rate then. They got a $3.50 increase,
bringing it to $34.50 a day. There's been nothing since then.
"Have you gone out lately and bought milk and butter? We feed these
people. You guys have got to understand why we need the rate
increase, and we need it now."
Number 205
VICE-CHAIRMAN KELLY told Ms. Lane that Senator Miller had not seen
the new fiscal note, and the three-year phase-in is just one
scenario being considered. He asked her to track the bill and said
that Sharon Clark would work with her. He felt the phase-in is a
legitimate discussion, as well as the disparity between what it
costs the state to care for these people and what the assisted
living homes get paid to do it. He understood her difficulties and
thanked her for her testimony.
MS. LANE added she appreciates the three-year phase-in but she
doesn't see that it's even a possibility. In caring for the
general relief clients, the homes are saving the state thousands
and even millions of dollars. If the bill passes, she could take
in a client for $2,000 a month, compared to $9,000 a month-- a
$7,000 a month savings for each person. She demanded, "What is the
problem here?"
Number 234
VICE-CHAIRMAN KELLY replied that all ideas have to work through the
process, and there is progress but whether it will come out exactly
as she wants it, no one can say. Everything she said is
legitimate and he agrees with a lot of it, yet sixty people down
here plus the Governor have to come to agreement on this bill.
VICE-CHAIRMAN KELLY invited Representative Mulder to present HB 27
and said the committee would hear testimony but would not move it
out today.
Number 255
REPRESENTATIVE ELDON MULDER, sponsor of HB 27, explained the bill
amends statute to allow student loan program monies to be loaned
through the Western Interstate Commission on Higher Education, or
WICHE Program, and repaid to the state of Alaska.
The intent of HB 27 is to allow for Alaska residents seeking to
further their education in postsecondary education through WICHE-
participating schools to secure those positions within the
professional student exchange program. Previously, Alaska secured
positions in the health and veterinary sciences fields through
participation and exchange, and the Alaskan student paid the in-
state tuition fee as a resident of the other western state. The
difference between that fee and the actual cost was carried by the
General Fund. With recent budget constraints, Alaska suspended its
participation in the WICHE Program. HB 27 would utilize the student
loan program to secure those positions and make them available at
a lower cost to the student, with the student paying back the
portion as a loan.
REPRESENTATIVE MULDER said the western states are interested in
Alaska resuming its participation in WICHE and this would reopen
the door for Alaskan students at a lower rate.
Number 307
VICE-CHAIRMAN KELLY asked if the portion of the General Fund that
previously supplemented the program would now be replaced with a
loan fund. REPRESENTATIVE MULDER replied yes, and clarified there
is no loan forgiveness.
VICE-CHAIRMAN KELLY repeated that Senator Miller would reschedule
HB 27 for action by the committee.
Number 317
MS. DIANE BARRANS, Executive Director of the Alaska Commission on
Postsecondary Education, said HB 27 would reactivate a program that
Alaska participated in for about 20 years, prior to the elimination
of General Fund support in 1994. Previously, Alaska participated in
up to 14 fields in the WICHE professional student exchange program.
After 1987, due to budget reductions the fields were limited to
just those where access was a critical issue. The support fees the
state paid on behalf of each participant were paid directly to the
receiving postsecondary institutions through the WICHE
administrative office. MS. BARRANS said it was grant aid, and
there was no legal obligation on the part of a participant to
either return and practice in the state, or to repay a portion of
the support.
This bill would enable the commission to utilize Alaska student
loan corporation receipts to provide residents with access.
However, from the corporation's perspective, as a result of this
funding change the corporation would require participants to bear
the entire cost of the program as a debt obligation. Under HB 27,
the commission as the administrator of the funds would set the
terms and conditions of the loan by regulation. Management would
recommend to the commission that they consider three aspects:
Alaska workforce needs, student access to graduate education, and
minimizing the risk to the student loan fund. The Commission will
take a position on the bill later this month at its quarterly
meeting.
Number 348
SENATOR WILKEN asked if line 16 on page 2 speaks to forgiveness and
its connection with the medical program, and how it differs from
WAMI.
MS. BARRANS replied that it is WAMI. The commission identified a
placement error of the current WAMI statutes that make it a loan
program, in the Western Compact section of statute. It does not
belong there because it's not a WICHE program. This relocates it
to a more appropriate area of loan statute, and allows the
professional student exchange program to be placed in 14.44.
SENATOR WILKEN asked how it would differ from a regular student
loan.
MS. BARRANS responded the terms of the loan would have different
features than the student loan program. There is no loan maximum
and it would tie directly to the support fee the state will be
paying on that student's behalf, ranging from $6000 to more than
$20,000 per year. The commission will recommend that the
corporation adopt regulations providing that interest accrue from
the date the money is paid on behalf of the participant.
SENATOR WILKEN asked if a student could get a $20,000 loan to buy
his placement and another student loan to go to school.
MS. BARRANS answered yes, the levels of debt that participants will
incur will be a factor for the commission in determining which
fields to lend money under this bill.
She gave examples of a physician's assistant only needing to borrow
$4,200 per year, as opposed to a medical student who would be
borrowing nearly $23,000 a year. MS. BARRANS said, "It really is
not feasible for the corporation to provide a loan of that
magnitude to someone knowing that they're probably borrowing, in
addition to that, $50,000 to $80,000 on average. They just could
not incur that debt and repay it."
She repeated that the commission would target the fields of mid-
level care where there's a need in Alaska, such as Physician
Assistant, Occupational Therapist, Physical Therapist, or
Optometrist. These are positions allowing repayment within a
reasonable amount of time. If not limited, participants would be
incurring mortgage-size loans.
SENATOR WILKEN questioned what the WICHE parameters would add to
the student loan program monies the commission is loaning out,
asking if it would be $50,000 or $250,000.
MS. BARRANS answered that the loan volume at peak would be $500,000
per year, out of about $69 million this year.
Number 405
SENATOR ELTON asked if the cost would be spread out to the
borrowers.
MS. BARRANS that the state pays dues to benefit in a variety of
programs, but those would not be prorated across these participants
in any way. There is a per-student fee charged under this specific
program, and that fee is what the participant would incur as a
debt.
The commission currently pays $83,000 per year in Compact Member
dues, but the state is not participating in this program right now.
The benefit Alaska is receiving for these dues is through the
undergraduate exchange, a WICHE program, that has 1,100 Alaskans
participating and no requirement of a per-participant fee. She
concluded, "If you break down that $83,000 per student, it's a very
effective way of increasing educational choice for Alaskans."
Number 423
VICE-CHAIRMAN KELLY announced the committee would hold HB 27 until
Senator Miller's return.
SB 95-SCHOOL GRADE LEVELS
VICE-CHAIRMAN KELLY brought up SB 95.
SENATOR RANDY PHILLIPS, sponsor of SB 95, asked if Larry Wiget was
on line. Mr. Wiget responded that he was, as well as school board
members Debbie Ossiander and Kathi Gillespie who wish to testify.
Number 437
SENATOR PHILLIPS discussed the school overcrowding problem facing
Anchorage. Currently Chugiak High School is badly overcrowded,
with space for 1750 students and attendance at 2100 students. The
dilemma is whether to add more rooms or build a new high school.
The wish of the community is to have a second high school, but
DOE's regulations don't allow for that. There are two middle
schools, Gruening at capacity, and Mirror Lake under capacity.
This bill was recommended by the Anchorage School District in order
to adjust the overcrowding situation with the middle/junior high
school, but more importantly, with the high school. SENATOR
PHILLIPS pointed out that the three committee members present are
experiencing expanding high school populations. He stated this
legislation is one option to maintain student levels and still
deliver a quality high school.
MS. DEBBIE OSSIANDER, Anchorage School Board member, testified in
support of SB 95. It would allow school districts necessary
flexibility in order to maximize student achievement. National
research shows that grouping the middle school configuration of
6th, 7th and 8th grades has academic and social benefits by
promoting achievement and dealing more effectively with student
discipline matters. This configuration of grades is a trend in
urban districts in Alaska.
Right now regulations penalize school districts if they decide to
house 6th-7th and 8th grades in middle schools, by considering 6th
graders as elementary students who qualify for a smaller square
footage. MS. OSSIANDER said the logic of housing these grades in
one building and saying one group of kids needs less room than
another totally escapes her.
The DOE fiscal note appears to assume that all 6th graders will be
moved into the middle school model, but that's not the Anchorage
school board's expectation. The fiscal note also appears to assume
the state will reimburse all school construction. The regulations
penalize districts if they have housed 6th-7th and 8th grades
together in the past by not qualifying for the additional school
construction they will need in the future. The school district
believes SB 95 would be very helpful.
Number 489
MS. KATHI GILLESPIE, Anchorage School Board member, repeated that
instructionally school districts in Kenai, Juneau, Anchorage and
Mat-Su are moving toward the 6th-7th-8th middle school model. Last
year in the Foundation Formula re-write, the per-pupil allocation
did away with the designation between elementary and secondary
students. Operating cost is not the problem; it is the amount of
square footage these kids have when they are still designated as
elementary or secondary students. The school board wants
flexibility to decide if 6th graders are more appropriately put in
an elementary or a secondary school, and to be allowed by the state
to deliver a secondary program with more square footage, several
teachers, and more music and P.E. MS. GILLESPIE concluded that
the issue is statewide in scope and there are schools out of
compliance with DOE regulations.
Number 510
MR. CARL ROSE, Executive Director, Alaska Association of School
Boards, stated the association supports SB 95 and feels the
flexibility and provision of local control in determining if a
school district wants to use a 6-7-8 model is appropriate.
SENATOR ELTON asked Mr. Rose if the schools now having the 6-7-8
model are illegal, and if they aren't, why the bill is needed. Is
it just an issue of square footage for students?
MR. ROSE replied that clarification may give school districts the
opportunity to exercise a choice that may be restricted right now.
School districts may be hindered in moving in this direction, and
those already employing these strategies may be in noncompliance.
The association would like assurance that the square foot advantage
for the 6-7-8 model would be recognized. Currently if a new school
is being built including a 6-7-8 model, the district does not
receive credit for those 6th grade students because they're not
included in the secondary classification.
Number 531
MR. MICHAEL MORGAN, Facilities Manager for the Department of
Education, responded to a couple earlier comments. Currently the
school districts have the choice to combine grades almost any way
they choose. From the department's perspective it's strictly a
square footage issue. If they do a combination of 6th-7th and 8th
graders, they get credit for the 6th graders, but not at the same
rate as the 7th and 8th graders. There is a differential on the
amount of square footage between the two.
The fiscal note is the most conservative estimate and does not
assume that all square footage will immediately become eligible for
replacement for 6th graders; if that were the case, the fiscal note
would double.
VICE-CHAIRMAN KELLY asked if the fiscal note is $126 million
dollars.
MR. MORGAN replied it is. The fiscal note doesn't take into
account the on-going future increases, only the immediate need
based on district populations. It doesn't consider the increase in
future maintenance costs at the larger facilities, or the increase
in maintenance and operation costs that will accrue to districts.
Last year the department gave the Anchorage School District more
flexibility through a regulation change passed by the State Board
of Education allowing communities the choice to 100% fund
facilities. There is a provision to not have that square footage
counted against them as the department looks at eligibility for
additional state-funded square footage.
Number 554
SENATOR WILKEN asked if Mr. Morgan is saying 6th graders are
counted as one head each, but only get 106 square feet instead of
150 square feet. MR. MORGAN answered yes.
VICE-CHAIRMAN KELLY asked if the fiscal note refers to $126 million
extra dollars for the new schools that would be built under the new
scenario in the next fiscal year.
MR. MORGAN replied yes, if the projects were funded.
MS. OSSIANDER admitted she did not clearly understand Mr. Morgan's
comments. In reference to the chart, she asked if he said the
state would 100% fund all projects submitted to it.
MR. MORGAN responded that the chart assumes the state would fund
these projects at the 70% level.
SENATOR PHILLIPS added that it assumes the local government votes
for the bonds, as well. MR. MORGAN clarified it looks at either of
two programs: funding local bonds, or grants to municipalities
which are funded at the 70% level.
Chugiak needs to put the proposed new high school on the ballot in
the Anchorage area with a 70%-30% funding split. The community
cannot support a super large high school, because the 600 extra
students now overcrowding the Chugiak H.S. are not enough to
warrant another high school. Consequently, he is looking for
another configuration, which DOE's regulations prohibit. The
intent is to let the local voters vote on the bond package.
VICE-CHAIRMAN KELLY asked how many schools the $126 million fiscal
note assumes would be going to bond election next year. MR. MORGAN
said they only looked at the number of students that would qualify
for the square footage.
TAPE 99-13, SIDE B
Number 583
MS. GILLESPIE repeated the school district needs flexibility in how
it applies the dollars funded by the Legislature to a local
project.
MR. MORGAN explained the department looks at the total area in
evaluating square footage. The Eagle River-Chugiak area has
elementary school capacity for about 600 students. The Mirror Lake
middle school has capacity for 400 students. The high school has
an overcapacity of 100 students. He asserted they have an
overcrowding problem because they put the 6th graders in the middle
school.
SENATOR PHILLIPS disagreed with Mr. Morgan, stating the high school
is way overcapacity and it's more than 100 students.
MS. OSSIANDER said the focus should be that the Legislature has
control over funding, and the school district believes
instructionally a middle school program is better for the 6th
graders than a traditional elementary program. In other words,
build to meet the instructional needs of the kids.
SENATOR WILKEN asked why the fiscal note refers to 150 square feet
while the others list 43.75 square feet. Mr. Morgan replied that
currently they show no eligibility for additional square footage
for 6th graders. If 6th graders are to be secondary students, none
of the elementary space would be counted that is currently counted.
If no elementary space is counted, these 6th graders would qualify
for the full 150 square feet.
SENATOR ELTON asked if Juneau, which has the 6-7-8 configuration
was built under the existing square footage rules. MR. MORGAN said
he didn't know. The current regulations came into effect in early
1996. Prior to that time, the space guidelines were not in
regulation. The department took the existing guidelines for
elementary, secondary, and K-12 schools for different sized schools
with a high, medium and low range. The medium guidelines were put
into regulation.
VICE-CHAIRMAN KELLY stated the committee would hold SB 95 until
Senator Miller returns.
SB 98-TEACHER TENURE
TAPE 99-13, SIDE B
Number 538
VICE-CHAIRMAN KELLY brought SB 98 before the committee.
SENATOR LYDA GREEN, sponsor of SB 98, explained that several years
ago HB 465 was amended on the Senate floor to contain a portability
of tenure clause. The amendment relates to a teacher in one
district who is not dismissed, but either resigns or moves to
another district and within 12 months applies for a teaching job.
If hired, the new school district would have only one year to
review that teacher.
Several school districts are concerned about this provision. Some
have made mistakes with hiring, and others have found they're very
reluctant to hire a transferring teacher because there is
inadequate time for evaluation. This has led to decisions and
layoffs that would have been avoided with a longer evaluation time.
SB 98 restores the situation that existed before HB 465 and the
portability of tenure for teachers from another district.
Number 510
RICHARD BLAIR, Personnel Officer for Northwest Arctic School
District, Kotzebue, expressed the administration's support for SB
98 if it amends AS 14.20.150(d) so that tenure is not portable to
other districts.
MR. LARRY WIGET, Executive Director of Public Affairs for Anchorage
School District, explained that Ms. Ossiander had to leave and he
would present the testimony for the district. The school board
requests the Legislature amend AS 14.20.150(d) to repeal
portability of tenure. All districts need time to evaluate whether
a newly hired teacher will be a proper match for the district and
will meet specific district standards. Evaluation of past
performance becomes difficult due to the absence of a clear,
statewide teacher evaluation standard. If a teacher becomes
tenured after one year, it becomes difficult for the district to
remove poorly skilled teachers.
MS. KATHI GILLESPIE, Anchorage School Board member, described the
retirement incentive program that has caused the hiring of over a
thousand new teachers over the last two years in the Anchorage
school district. Less than 2% of those new teachers have come from
districts where they were tenured in Alaska. The board feels
portability works against applicants tenured in Alaska who wish to
move to another state district, because they should have equal
consideration with other teachers from out of state. The district
supports SB 98 which would give incentive to hire from within the
state as well as without.
Number 473
MR. CARL ROSE, Executive Director of the Association of Alaska
School Boards, spoke in favor of SB 98. He handed out a survey
relating to portable tenure of teachers applying and being hired in
Alaska. Of a total of 593 applicants surveyed, excluding the
Anchorage School District, only 70 teachers with tenure, or 11.8%,
were hired. The issue of portability of tenure works against
teachers, especially during times of teacher shortage. The
evaluation period is only about six-months, not even a full year.
MR. ROSE concluded this is a high risk proposition in hiring
qualified people.
MR. JOHN CYR, President of NEA-Alaska, stated that the association
representing about 11,000 education employees statewide does not
support SB 98. HB 465 came into effect in August 1996 and
radically changed the way teachers are evaluated, and standards for
teachers. HB 465 was the result of a series of compromises.
Statewide evaluation systems have been set up that work. Before HB
465, tenure was achieved at the beginning of the 3rd year; now it's
the beginning of the 4th year. In the past there were three real
reasons for dismissal: substantial noncompliance, immorality, or
incompetence as defined by case law. Now, we still have
noncompliance and immorality but the issue of incompetence is gone.
Dismissing a teacher, tenured or not, is now based on a much lower
standard, the "failure to meet conditions of a plan of
improvement."
NEA was not happy when these provisions came into effect, which it
views as an erosion of basic employment rights. Districts now have
3 years to evaluate a teacher, where before it was 2 years, and it
is much easier to dismiss. NEA is helping to set up evaluation
procedures, or measurable plans of improvement, in many districts,
in conjunction with the Administration. The portability of tenure
evaluation procedure has only been in place since July 1, 1997; now
less than 2 years later, the Legislature is trying to fix something
NEA doesn't perceive as a problem.
MR. CYR asked that teachers be evaluated fairly, and when needed,
placed on plans of improvement quickly, stating "Nobody wants those
teachers in classrooms any longer than necessary." The hiring
procedures are rigorous, and if districts aren't hiring tenured
teachers, he feels it has more to do with the funding in those
districts than with tenure.
SENATOR WILKEN asked how Mr. Cyr reconciles his testimony with that
of AASB which made a strong case that portability of tenure is
hurting teacher placement, not helping.
MR. CYR responded that before HB 465 was passed, you'd find nearly
the same statistics. It begs the question to say we can no longer
hire tenured teachers because there's not enough time to evaluate
them. Teachers who get hired are newly out of college. There's
been a lot of hires in urban areas because of the state-sponsored
RIP, with many new untenured hires from rural Alaska.
Number 378
SENATOR ELTON asked Mr. Cyr if he's heard from the NEA membership
that the net effect of HB 465 has been that they can't transfer
from one district to another.
MR. CYR replied, not at all. The net effect of HB 465 has been to
put in place real evaluation procedures.
SENATOR ELTON asked why an evaluation can't be done in one year.
He is bothered by extending tenure from 2 to 3 years, allowing a
bad teacher to stay longer.
MR. CYR said evaluations should be done in a timely manner, or the
teacher put on a plan of improvement. That is the primary
responsibility given to administration, and it grates on him to
hear that it takes more time to evaluate.
MR. ROSE said it's not only an issue of evaluation to get the best
teacher into the classroom, it's one of professional development.
A three year period of time is appropriate. In cases where an
employee will not make the grade it must be determined early to
stop the process. On one hand, time is a factor because the
pressure on administration is tremendous. The survey matrix shows
teachers with tenure who do not get the opportunity with only six
to nine months of evaluation to get hired in a new school district.
HB 465 was an omnibus bill that tried to address quality
performance, accountability and fairness. SB 98 recognizes that you
can regain tenure in a school district you've already worked in for
one year, where people already know you. If they rehire you, one
year is an appropriate time period. For a district that doesn't
know you, six to nine months is not enough time.
VICE-CHAIRMAN KELLY said the committee would hold SB 98 and hear
more testimony from Senator Green and others at a later meeting.
SB 9-PERS CREDIT FOR NONCERTIFICATED EMPLOYEES
VICE-CHAIRMAN KELLY brought up SB 9 .
Number 301
SENATOR WILKEN stated SB 9 recognizes the classified employees in
school districts who are the janitors, custodians, and support
staff. Teachers have 12 months retirement contributed for every
9 months they work, and after 30 years of teaching, receive a
full 30 years retirement. However, the classified people only
receive 9 months each year toward retirement. Two years ago, the
classified employees approached Representative Brice and said
they would pay for the difference. This bill provides for that,
with a zero fiscal impact on the school districts and on the
state, and a minimal $70.0 first year start up cost. SB 9
recognizes that the classified employee can choose to contribute
toward their own retirement after 30 years, with the extra 7.5
years paid by the employee with his own money, and prorated over
their 9 months of normal employment.
Number 268
MR. JOHN CYR, NEA-AK stated appreciation of Senator Wilken's
willingness to introduce SB 9. His association has worked a long
time to get this legislation which they strongly support.
MR. DON ETHERIDGE, Public Employees Local 71, stated that the
union wholeheartedly supports SB 9. Their membership working in
the school districts has been urging this legislation for many
years.
MR. LARRY WIGET, Executive Director of Public Affairs, Anchorage
School District, expressed the district's support of SB 9.
MR. CARL ROSE, AASB, stated the association supports SB 9.
SENATOR WILKEN moved to adopt CSSB 9(HES), Version D Cramer.
Without objection, it was adopted. SENATOR WILKEN explained the
CS changes the title and line 11 on page 1, by adding the special
education service agencies (SESA), eleven certified people who
work to fund and place disabled people in the school districts.
They are classified and part of the PERS system, and SENATOR
WILKEN agreed with their inclusion in the bill.
SENATOR WILKEN moved to report CSSB 9(HES) out of committee with
individual recommendations and a fiscal note. Without objection,
it was so ordered. The committee adjourned at 3:00 p.m.
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