CSHB 465(HES) AM: "An Act relating to employment of teachers and school administrators and to public school collective bargaining."
00CS FOR HOUSE BILL NO. 465(HES) am 01 "An Act relating to employment of teachers and school administrators and to 02 public school collective bargaining." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.20.140 is amended to read: 05 Sec. 14.20.140. NOTIFICATION OF NONRETENTION. (a) If a teacher who 06 has acquired tenure rights is to be laid off under AS 14.20.177 or is not to be 07 retained for the following school year, the employer shall notify the teacher of the 08 layoff or nonretention by writing, delivered before March 16, or by registered mail 09 postmarked before March 16. 10 (b) If a teacher who has not acquired tenure rights is to be laid off under 11 AS 14.20.177 or is not to be retained for the following school year the employer shall 12 notify the teacher of the layoff or nonretention by writing delivered on or before the 13 last day of the school term or by registered mail postmarked on or before the last day 14 of the school term.
01 (c) Notwithstanding a teacher's right to continued employment under 02 AS 23.10.500 - 23.10.550, a school district may notify a teacher of layoff or 03 nonretention under this section for the following school year for a permissible reason. 04 * Sec. 2. AS 14.20.145 is amended to read: 05 Sec. 14.20.145. AUTOMATIC REEMPLOYMENT. If notification of 06 nonretention or layoff is not given according to AS 14.20.140, a teacher is entitled to 07 be reemployed in the same district for the following school year on the contract terms 08 the teacher and the employer may agree upon, or, if no terms are agreed upon, the 09 provisions of the previous contract are continued for the following school year, subject 10 to AS 14.20.158. Except as provided in AS 14.20.177(e), the [THE] right to 11 automatic reemployment under [BE REEMPLOYED ACCORDING TO] this section 12 expires if the teacher does not accept reemployment within 30 days after the date on 13 which the teacher receives a contract of reemployment. A teacher who is on family 14 leave under AS 23.10.500 - 23.10.550 must comply with the 30-day deadline in this 15 section to retain the teacher's reemployment rights under this section. 16 * Sec. 3. AS 14.20.147(b) is amended to read: 17 (b) When a school operated by a federal agency is transferred to or absorbed into 18 a new or existing school district, the teachers shall also be transferred if mutually agreed 19 by the teacher or teachers and the school board of the new or existing district. A teacher 20 transferred from a federal agency school that [, WHICH] does not have an official salary 21 schedule or teacher tenure in the same manner as a public school district in the state [,] 22 shall be placed on a position on the salary schedule of the absorbing district; the salary 23 may not be less than the teacher would have received in the federal agency school. If 24 the teacher taught three [TWO] or more years in the federal agency school and, at the 25 time of transfer, had a valid Alaska teaching certificate, that teacher shall be placed on 26 tenure in the absorbing district. 27 * Sec. 4. AS 14.20 is amended by adding a new section to read: 28 Sec. 14.20.149. EMPLOYEE EVALUATION. (a) A school board shall adopt 29 by July 1, 1997, a certificated employee evaluation system for evaluation and 30 improvement of the performance of the district's teachers and administrators. The 31 evaluation system applies to all the district's certificated employees except the district's
01 superintendent. A school board shall consider information from students, parents, 02 community members, classroom teachers, affected collective bargaining units, and 03 administrators in the design and periodic review of the district's certificated employee 04 evaluation system. An evaluation of a certificated employee under this section must be 05 based on observation of the employee in the employee's workplace. 06 (b) The certificated employee evaluation system must 07 (1) establish evaluation criteria for the district's teachers and 08 administrators that are based on professional performance standards adopted by the 09 department by regulation; 10 (2) require at least two observations for the evaluation of each nontenured 11 teacher in the district each school year; 12 (3) require at least an annual evaluation of each tenured teacher in the 13 district who received an acceptable evaluation during the previous school year; 14 (4) permit the district to limit its evaluations of tenured teachers who 15 have consistently exceeded the district's professional performance standards to one 16 evaluation every two school years; 17 (5) require the school district to perform an annual evaluation for each 18 administrator; 19 (6) require the school district to prepare and implement a plan of 20 improvement for a teacher or administrator whose performance is evaluated as less than 21 acceptable, except if the teacher's or administrator's performance warrants immediate 22 dismissal under AS 14.20.170(a); and 23 (7) provide an opportunity for students, parents, community members, 24 teachers, and administrators to provide information on the performance of the teacher or 25 administrator who is the subject of the evaluation to the evaluating administrator. 26 (c) A person may not conduct an evaluation under this section unless the person 27 holds a type B certificate or is a site administrator under the supervision of a person with 28 a type B certificate, is employed by the school district as an administrator, and has 29 completed training in the use of the school district's teacher evaluation system. 30 (d) Once each school year, a school district shall offer in-service training to the 31 certificated employees who are subject to the evaluation system. The training must
01 address the procedures of the evaluation system, the standards that the district uses in 02 evaluating the performance of teachers and administrators, and other information that the 03 district considers helpful. 04 (e) A school district shall provide a tenured teacher whose performance is found, 05 after evaluation, to be less than acceptable with a plan of improvement. The evaluating 06 administrator shall consult with the tenured teacher in setting clear, specific performance 07 expectations to be included in the plan of improvement. The plan of improvement must 08 address ways in which the tenured teacher's performance can be improved and shall last 09 for not less than nine and not more than 12 months. The plan of improvement shall be 10 based on the professional performance standards outlined in the locally adopted school 11 district evaluation procedure. The school district must observe the teacher at least twice 12 during the course of the plan. If, at the conclusion of the plan of improvement, the 13 tenured teacher's performance is again evaluated to be less than acceptable, the district 14 may nonretain the teacher under AS 14.20.175(b)(1). 15 (f) A school district may place an administrator whose performance, including 16 performance as an evaluator under the district's certificated employee evaluation system, 17 is less than acceptable on a plan of improvement. The plan must address ways in which 18 the administrator's performance can be improved and shall last for not less than nine and 19 not more than 12 months. The school district must observe the administrator at least 20 twice during the course of the plan. If, at the conclusion of the plan of improvement, 21 the administrator's performance is again evaluated to be less than acceptable, the district 22 may terminate its employment contract with the administrator. 23 (g) The department may request copies of each school district's certificated 24 employee evaluation systems and changes the district makes to the systems. 25 (h) Information provided to a school district under the school district's 26 certificated employee evaluation system concerning the performance of an individual 27 being evaluated under the system is not a public record and is not subject to disclosure 28 under AS 09.25. However, the individual who is the subject of the evaluation is 29 entitled to a copy of the information and may waive the confidentiality provisions of 30 this subsection concerning the information. 31 * Sec. 5. AS 14.20.150 is repealed and reenacted to read:
01 Sec. 14.20.150. ACQUISITION OF TENURE RIGHTS. (a) Except as 02 provided in (c) of this section, a teacher acquires tenure rights in a district when the 03 teacher 04 (1) possesses a valid teaching certificate that authorizes the teacher to 05 be employed as a certificated teacher or as an administrator under regulations adopted 06 by the department; 07 (2) has been employed as a teacher in the same district continuously 08 for three full school years; 09 (3) receives, under the district's evaluation system, an acceptable 10 evaluation in the third year of any three-year period of continuous employment with 11 the district; and 12 (4) on or before October 15 of the school year, 13 (A) accepts a contract for employment as a teacher in the 14 district for a fourth consecutive school year; and 15 (B) performs a day of teaching services in the district during 16 that school year. 17 (b) In this section, a full school year of employment means employment that 18 begins on or before the first student count day required by the department in a school 19 year or October 15, whichever occurs first, and continues through the remainder of the 20 school year. 21 (c) A superintendent may not acquire or maintain tenure in a district. 22 * Sec. 6. AS 14.20.155(a) is amended to read: 23 (a) Except as otherwise provided in this chapter, a [A] teacher who has 24 acquired tenure rights has the right to employment within the district during continuous 25 service. 26 * Sec. 7. AS 14.20.160 is amended to read: 27 Sec. 14.20.160. LOSS OF TENURE RIGHTS. Tenure rights are lost when the 28 teacher's employment in the district is interrupted or terminated. However, a teacher 29 on layoff status does not lose tenure rights during the period of layoff except as 30 provided under AS 14.20.177. 31 * Sec. 8. AS 14.20.170 is amended by adding a new subsection to read:
01 (c) A teacher who is dismissed under this section is not entitled to a plan of 02 improvement under AS 14.20.149. 03 * Sec. 9. AS 14.20.175(b) is amended to read: 04 (b) A teacher who has acquired tenure rights is subject to nonretention for the 05 following school year only for the following causes: 06 (1) failure to meet performance objectives defined in the 07 individual's plan of improvement which is based on locally adopted professional 08 performance standards as identified in AS 14.20.149; however, a school district 09 may not nonretain a tenured teacher under this paragraph unless the school 10 district has fully complied with the requirements of AS 14.20.149 and unless the 11 district demonstrates that the teacher's performance does not meet professional 12 performance standards adopted by the school districts [INCOMPETENCY, WHICH 13 IS DEFINED AS THE INABILITY OR THE UNINTENTIONAL OR INTENTIONAL 14 FAILURE TO PERFORM THE TEACHER'S CUSTOMARY TEACHING DUTIES IN 15 A SATISFACTORY MANNER]; 16 (2) immorality, which is defined as the commission of an act that, under 17 the laws of the state, constitutes a crime involving moral turpitude; or 18 (3) substantial noncompliance with the school laws of the state, the 19 regulations or bylaws of the department, the bylaws of the district, or the written rules 20 of the superintendent [; OR 21 (4) A NECESSARY REDUCTION OF STAFF OCCASIONED BY A 22 DECREASE IN SCHOOL ATTENDANCE]. 23 * Sec. 10. AS 14.20 is amended by adding a new section to read: 24 Sec. 14.20.177. REDUCTIONS IN FORCE. (a) A school district may 25 implement a layoff plan under this section if it is necessary for the district to reduce the 26 number of tenured teachers because 27 (1) school attendance in the district has decreased; 28 (2) there has been a significant, demonstrated reduction in per-pupil 29 expenditures due to a decrease in revenue from one year to the next. 30 (b) Before a school district lays off any tenured teacher, the school board shall 31 adopt a layoff plan. The plan must identify academic and other programs that the district
01 intends to maintain in implementing the layoff plan. The plan must also include 02 procedures for layoff and recall of tenured teachers consistent with this section. 03 (c) Except as provided in this subsection, a school district may place a tenured 04 teacher on layoff status only after the district has given notice of nonretention to all 05 nontenured teachers. However, a school district may retain a nontenured teacher and 06 place on layoff status a tenured teacher if there is no tenured teacher in the district who 07 is qualified to replace the nontenured teacher. The school district shall comply with the 08 notice requirements set out in AS 14.20.140 in placing a tenured or nontenured teacher 09 on layoff status. 10 (d) For purposes of this section, a tenured teacher is considered qualified for a 11 position if the position is in 12 (1) grades K - 8 and the teacher has an elementary endorsement; 13 (2) an established middle school and the teacher has 14 (A) an elementary endorsement; 15 (B) a middle school endorsement; or 16 (C) a secondary certificate with a subject area endorsement in the 17 area of assignment in which the teacher filling the position will spend at least 40 18 percent of the teacher's time or the teacher has received an evaluation of 19 acceptable or better in the subject or subjects; or 20 (3) grades 9 - 12 and the teacher has an endorsement for each subject 21 area in which the teacher filling the position will spend at least 40 percent of the 22 teacher's time or the teacher has received an evaluation of acceptable or better in the 23 subject or subjects. 24 (e) For a period of three years after layoff, a teacher is on layoff status and is 25 entitled to a hiring preference in the district where the teacher had been employed. The 26 hiring preference applies only to vacant teaching positions for which the teacher is 27 qualified. If a teacher is offered a teaching position under this subsection and the teacher 28 declines the offer or fails to accept it within 30 days, the teacher is no longer considered 29 to be on layoff status and is no longer entitled to a hiring preference under this section 30 unless the teacher declines the offer because the teacher is contractually obligated to 31 provide professional services to another private or public educational program.
01 (f) Notwithstanding any provision of AS 23.40, the terms of a collective 02 bargaining agreement entered into between a school district and a bargaining organization 03 representing teachers on or after the effective date of this section may not be in conflict 04 with the provisions of this section. 05 (g) A teacher on layoff status is not entitled to be reemployed under 06 AS 14.20.145 and does not accrue leave. However, layoff status does not constitute a 07 break in service for retaining tenure rights and accrued sick leave. 08 (h) In this section, "school district" or "district" means a city or borough school 09 district or a regional educational attendance area. 10 * Sec. 11. AS 14.20.180 is repealed and reenacted to read: 11 Sec. 14.20.180. PROCEDURES UPON NOTICE OF DISMISSAL OR 12 NONRETENTION. (a) Before a teacher is dismissed, the employer shall give the 13 teacher written notice of the proposed dismissal and a pretermination hearing. A 14 pretermination hearing under this section must comport with the minimum requirements 15 of due process, including an explanation of the employer's evidence and basis for the 16 proposed dismissal and an opportunity for the teacher to respond. If, following a 17 pretermination hearing, an employer determines that dismissal is appropriate, the 18 employer shall provide written notice, including a statement of cause and a complete bill 19 of particulars, of the decision. The dismissal is effective when the notice is delivered 20 to the teacher. 21 (b) An employer that has decided to nonretain a tenured teacher shall provide 22 the teacher with written notice, including a statement of cause and a complete bill of 23 particulars. The notice must comply with AS 14.20.140(a). 24 (c) Within 15 days after receipt of a decision of dismissal under (a) of this 25 section or nonretention under (b) of this section, a teacher may notify the employer in 26 writing that the teacher is requesting a hearing before the school board. Upon receipt 27 of a request for a hearing, the employer shall immediately schedule a hearing and notify 28 the teacher in writing of the date, time, and place of the hearing. The teacher may elect 29 to have either a public or a private hearing, and to have the hearing under oath or 30 affirmation. The parties have a right to be represented by counsel and to cross-examine 31 witnesses. The teacher has the right to subpoena a person who has made statements that
01 are used as a basis for the employer's decision to dismiss or nonretain. A written 02 transcript, tape, or similar recording of the proceedings shall be kept. A copy of the 03 recording shall be furnished to the teacher, for cost, upon request of the teacher. A 04 decision of the school board requires a majority vote of the membership, by roll call. 05 The board's decision shall be in writing and must contain specific findings of fact and 06 conclusions of law. A copy of the decision shall be furnished to the teacher within 10 07 days after the date of the decision. If the school board sustains the dismissal or 08 nonretention, the teacher may appeal the decision to the superior court, in accordance 09 with applicable rules of court, for a judicial review based on the record. 10 (d) A teacher who has acquired tenure who is dismissed or nonretained may 11 waive the right to a hearing under (c) of this section and, within 60 days after receipt of 12 the employer's decision to dismiss or nonretain the teacher, file an action in superior 13 court. 14 * Sec. 12. AS 23.40 is amended by adding a new section to read: 15 Sec. 23.40.235. PUBLIC INVOLVEMENT IN SCHOOL DISTRICT 16 NEGOTIATIONS. Before beginning bargaining, the school board of a city or borough 17 school district or a regional educational attendance area shall provide opportunities for 18 public comment on the issues to be addressed in the collective bargaining process. Initial 19 proposals, last-best-offer proposals, tentative agreements before ratification, and final 20 agreements reached by the parties are public documents and are subject to inspection and 21 copying under AS 09.25.110 - 09.25.140. 22 * Sec. 13. AS 14.20.205 is repealed. 23 * Sec. 14. APPLICABILITY TO INDIVIDUALS. The amendments to AS 14.20.147(b) and 24 14.20.150, made by secs. 3 and 5 of this Act, apply only to an individual 25 (1) first hired as a teacher by a school district or regional educational attendance 26 area, including Mt. Edgecumbe High School, on or after the effective date of this Act; or 27 (2) rehired as a teacher by a school district or regional educational attendance 28 area, including Mt. Edgecumbe High School, on or after the effective date of this Act and 29 following an interruption in continuous service that resulted in 30 (A) a loss of tenure rights under AS 14.20.160; or 31 (B) failure to acquire tenure rights under AS 14.20.150.
01 * Sec. 15. APPLICABILITY TO CONTRACTS. Nothing in this Act affects a collective 02 bargaining agreement in effect on the effective date of this Act.