Legislature(1995 - 1996)
1996-03-25 House Journal
Full Journal pdf1996-03-25 House Journal Page 3321 HB 465 Amendment No. 5 (page 3320) was again before the House. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 5 YEAS: 16 NAYS: 21 EXCUSED: 0 ABSENT: 3 1996-03-25 House Journal Page 3322 HB 465 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Absent: Hanley, Navarre, Nicholia And so, Amendment No. 5 was not adopted. Representative Brown placed a call of the House on the bill. Amendment No. 7 was offered by Representative B.Davis: Page 7, lines 4 - 7: Delete all material. Reletter the following subsections accordingly. Representative B.Davis moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Mulder objected. The call was satisfied. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 7 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Masek, Navarre, Robinson, Sanders, Williams, Willis 1996-03-25 House Journal Page 3323 HB 465 Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Kubina: Page 5, line 19, after "AS 14.20.149": Insert "; however, a school district may not nonretain a tenured teacher under this paragraph unless the school district has fully complied with the requirements of AS14.20.149 and unless the district demonstrates by clear and convincing evidence that the teacher's performance does not meet professional performance standards" Representative Kubina moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Ivan objected. Amendment to Amendment No. 8 was offered by Representatives Ivan and Kubina: After demonstrates by: Delete clear and convincing evidence After standards: Insert adopted by local school districts Representative Kubina moved and asked unanimous consent that the amendment to Amendment No. 8 be adopted. Representative Vezey objected. The question being: Shall the amendment to Amendment No. 8 be adopted? The roll was taken with the following result: 1996-03-25 House Journal Page 3324 HB 465 CSHB 465(HES) am Second Reading Amendment to Amendment No. 8 YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Vezey And so, the amendment to Amendment No. 8 was adopted. The question being: Shall Amendment No. 8 as amended be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 8 as amended YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Vezey And so, Amendment No. 8 as amended was adopted. Amendment No. 9 was offered by Representative Brice: Page 1, line 11: Delete "AS 14.20.177(e)" Insert "the school district's layoff procedures under AS 14.20.177" 1996-03-25 House Journal Page 3325 HB 465 Page 5, line 31, through page 7, line 12: Delete all material and insert: "Sec. 14.20.177. LAYOFFS. (a) A school district may place a teacher who has acquired tenure rights on layoff status but only if it is necessary for the district to reduce the number of teachers because of a decrease in school attendance or because the basic need of a school district determined under AS14.17.021(b) and adjusted under AS14.17.225(b) decreases by three percent or more from the previous year. This section does not apply to a teacher who has not acquired tenure rights. (b) For a period of three years after layoff, a teacher is on layoff status and is entitled to a hiring preference in the district or regional educational attendance area where the teacher had been employed. The hiring preference applies only to vacant teaching positions for which the teacher is qualified. If a teacher is offered a teaching position under this subsection and the teacher declines the offer, the teacher is no longer considered to be on layoff status and is no longer entitled to a hiring preference under this section. (c) In making layoff and rehire decisions under this section, a school district may give preference to a primary school teacher who has less seniority than a secondary school teacher in order to preserve the primary school program. The district may also give preference to a secondary school teacher over a primary school teacher with more seniority in order to preserve secondary school programs. (d) Notwithstanding any provision of AS23.40, the terms of a collective bargaining agreement entered into between a school district or regional educational attendance area and a bargaining organization representing teachers on or after the effective date of this section may not be inconsistent with the provisions of this section. (e) A teacher on layoff status is not entitled to be reemployed under AS14.20.145 and does not accrue leave. However, layoff status does not constitute a break in service for (1) retaining acquired tenure rights; or (2) retaining accrued sick leave." Representative Brice moved and asked unanimous consent that Amendment No. 9 be adopted. 1996-03-25 House Journal Page 3326 HB 465 Representative Ivan objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 9 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative G.Davis: Page 2, line 20, after teachers,: Insert collective bargaining units, Representative G.Davis moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Vezey objected. Amendment to Amendment No. 10 was offered by Representative Parnell: Before collective bargaining units: Insert affected Representative Parnell moved and asked unanimous consent that the amendment to Amendment No. 10 be adopted. There being no objection, it was so ordered. 1996-03-25 House Journal Page 3327 HB 465 The question being: Shall Amendment No. 10 as amended be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 10 as amended YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Long, Vezey And so, Amendment No. 10 as amended was adopted. Amendment No. 11 was offered by Representative Brown: Page 4, line 10, after "system": Insert "concerning the performance of an individual being evaluated under the system" Page 4, line 11, after the period: Insert "However, the individual who is the subject of the evaluation is entitled to a copy of the information and may waive the confidentiality provisions of this subsection concerning the information." Representative Brown moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 11 was adopted. Amendment No. 12 was offered by Representative Robinson: Page 6, line 13, after the period: 1996-03-25 House Journal Page 3328 HB 465 Insert "A school district may not place a tenured classroom teacher on layoff status if the layoff will result in an increase in the ratio of classroom teachers to students in the district." Representative Robinson moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Barnes objected. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 12 YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Willis: Page 3, line 28, after during the course of the plan.: Insert A teacher under a plan of improvement shall be entitled to an evaluation conducted by a qualified third party. At the beginning of the school year, the school district shall identify and train teacher mentors, who may serve as a qualified third party under this process. The teacher receiving an unacceptable evaluation after implementation of the plan of improvement will be able to choose a teacher mentor from the list or from among the districts administrators. Representative Willis moved and asked unanimous consent that Amendment No. 13 be adopted. 1996-03-25 House Journal Page 3329 HB 465 Representative Ivan objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 13 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Navarre, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Davies: Page 2, line 31: Delete "an acceptable" Insert "a satisfactory" Page 3, lines 6 - 7: Delete "less than acceptable" Insert "incompetent" Page 3, line 21: Delete "less than acceptable" Insert "incompetent" Page 3, line 29: Delete "less than acceptable" Insert "incompetent" Page 4, line 1: Delete "less than acceptable" Insert "incompetent" 1996-03-25 House Journal Page 3330 HB 465 Page 4, line 5: Delete "less than acceptable" Insert "incompetent" Page 4, line 21: Delete "an acceptable" Insert "a satisfactory" Page 5, lines 17 - 22: Delete "failure to meet performance objectives defined in the individual's plan of improvement which is based on locally adopted professional performance standards as identified in AS 14.20.149 [INCOMPETENCY, WHICH IS DEFINED AS THE INABILITY OR THE UNINTENTIONAL OR INTENTIONAL FAILURE TO PERFORM THE TEACHER'S CUSTOMARY TEACHING DUTIES IN A SATISFACTORY MANNERß" Insert "incompetency, which is defined as the inability or the unintentional or intentional failure to perform the teacher's customary teaching duties in a satisfactory manner as identified in the evaluation of the employee under AS14.20.149" Representative Davies moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Ivan objected. The question being: Shall Amendment No. 14 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 14 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Robinson, Sanders, Williams, Willis 1996-03-25 House Journal Page 3331 HB 465 Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Brice: Page 1, line 2, after "bargaining" (title amendment): Insert "; and relating to computation of years of credited service for noncertificated employees of public schools" Page 8, after line 23: Insert a new bill section to read: "* Sec. 12. AS39.35 is amended by adding a new section to read: Sec. 39.35.677. COMPUTING YEARS OF CREDITED SERVICE FOR EMPLOYMENT ASA NONCERTIFICATED EMPLOYEE OF A PUBLIC SCHOOL. (a) When computing the credited service to which a member is entitled for employment as a noncertificated employee of a public school in the state, the administrator shall apply the definition of "years of service" found in AS14.25.220 to the period of employment as a noncertificated employee of a public school in the state. (b) In this section, "public school" has the meaning given in AS14.60.010." Renumber the following bill sections accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Barnes objected. Representative Brown lifted the call. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: 1996-03-25 House Journal Page 3332 HB 465 CSHB 465(HES) am Second Reading Amendment No. 15 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Phillips, Robinson, Therriault, Williams, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Porter, Rokeberg, Toohey, Vezey Absent: Masek, Sanders And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Brice: Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS 14.20.130 is amended to read: Sec. 14.20.130. EMPLOYMENT OF TEACHERS AND ADMINISTRATORS. An employer may, after January1, issue contracts for the following school year to employees regularly qualified in accordance with the regulations of the department. The contract for a superintendent may be for more than one school year but may not exceed three consecutive school years. If the superintendent's contract is for more than one school year, the contract must contain a term terminating the contract at the end of the school year in which the school district adopts a layoff plan under AS 14.20.177. A school district may offer a one-year contract on the same or different terms to a superintendent whose multi-year contract was terminated under this section." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" 1996-03-25 House Journal Page 3333 HB 465 Renumber the following bill sections accordingly. Page 7, after line 10: Insert a new subsection to read: "(h) From the date when a school district adopts a layoff plan until each of the classroom teachers laid off under the layoff plan has been recalled or has declined an offer of reemployment and lost the hiring preference under (e) of this section, the school district may not enter into a contract for a superintendent for a term that is longer than one year." Reletter the following subsection accordingly. Page 8, line 26: Delete "secs. 2 and 4" Insert "secs. 3 and 5" Representative Brice moved and asked unanimous consent that Amendment No. 16 be adopted. Objection was heard. The question being: Shall Amendment No. 16 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 16 YEAS: 15 NAYS: 24 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Finkelstein, Kott, Kubina, Masek, Navarre, Phillips, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Porter, Rokeberg, Therriault, Toohey, Vezey Absent: Mackie And so, Amendment No. 16 was not adopted. 1996-03-25 House Journal Page 3334 HB 465 Amendment No. 17 was offered by Representative Finkelstein: Page 1, line 1, through page 9, line 3, delete all material and insert: ""An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 14.20.147(b) is amended to read: (b) When a school operated by a federal agency is transferred to or absorbed into a new or existing school district, the teachers shall also be transferred if mutually agreed by the teacher or teachers and the school board of the new or existing district. A teacher transferred from a federal agency school that ª, WHICHß does not have an official salary schedule or teacher tenure in the same manner as a public school district in the state ª,ß shall be placed on a position on the salary schedule of the absorbing district; the salary may not be less than the teacher would have received in the federal agency school. If the teacher taught three ªTWOß 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. * Sec. 2. AS14.20.150 is amended to read: Sec. 14.20.150. ACQUISITION OF TENURE RIGHTS. (a) A teacher acquires tenure rights in a district when the teacher (1) possesses a standard teaching certificate; and (2) has been employed as a teacher in the same district continuously for three ªTWOß full school years and is reemployed for the school year immediately following the three ªTWOß full school years; or has been employed as a teacher in the same district continuously for a period equal in length to three full school years, whether or not the period begins on the first day of the school year, and is reemployed on the school year day immediately following completion of the three-consecutive- school-year period. 1996-03-25 House Journal Page 3335 HB 465 (b) The tenure rights acquired under (a) of this section become effective on the first day the teacher performs teaching services in the district during the school year immediately following the three-consecutive-school-year period ªTWO FULL SCHOOL YEARSß. (c) By the end of the second year of employment, the district shall provide a non-tenured teacher a written evaluation and, if necessary, shall develop a plan for improvement in cooperation with the teacher, established mentors, and appropriate administrators. * Sec. 3. AS14.20.160 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. However, a teacher on layoff status does not lose tenure rights during the period of layoff except as provided under AS14.20.177. * Sec. 4. AS14.20.175(b) is amended to read: (b) A teacher who has acquired tenure rights is subject to nonretention for the following school year only for the following causes: (1) incompetency, which is defined as the inability or the unintentional or intentional failure to perform the teacher's customary teaching duties in a satisfactory manner; (2) immorality, which is defined as the commission of an act that, under the laws of the state, constitutes a crime involving moral turpitude; or (3) substantial noncompliance with the school laws of the state, the regulations or bylaws of the department, the bylaws of the district, or the written rules of the superintendent ª; OR (4) A NECESSARY REDUCTION OF STAFF OCCASIONED BY A DECREASE IN SCHOOL ATTENDANCEß. * Sec. 5. AS14.20 is amended by adding a new section to read: Sec. 14.20.177. LAYOFFS. (a) A school district may place a teacher who has acquired tenure rights on layoff status but only after the district has nonretained all nontenured teachers and only if it is necessary for the district to reduce the number of tenured teachers because of a decrease in school attendance or because of a financial emergency verified by the commissioner of education. 1996-03-25 House Journal Page 3336 HB 465 The commissioner's determination is not subject to review or appeal. This section does not apply to a teacher who has not acquired tenure rights. (b) For a period of three years after layoff, a teacher is on layoff status and is entitled to a hiring preference in the district or regional educational attendance area where the teacher had been employed. The hiring preference applies only to vacant teaching positions for which the teacher is qualified. If a teacher is offered a teaching position under this subsection and the teacher declines the offer, the teacher is no longer considered to be on layoff status and is no longer entitled to a hiring preference under this section unless the teacher declines the offer because the teacher is contractually obligated to provide professional services to another private or public educational program in Alaska. (c) In making layoff and rehire decisions under this section, a school district may give preference to a primary school teacher who has less seniority than a secondary school teacher in order to preserve the primary school program. The district may also give preference to a secondary school teacher over a primary school teacher with more seniority in order to preserve secondary school programs. (d) Notwithstanding any provision of AS23.40, the terms of a collective bargaining agreement entered into between a school district or regional educational attendance area and a bargaining organization representing teachers on or after the effective date of this section may not be inconsistent with the provisions of this section. (e) A teacher on layoff status is not entitled to be reemployed under AS14.20.145 and does not accrue leave. However, layoff status does not constitute a break in service for (1) retaining acquired tenure rights; or (2) retaining accrued sick leave. (f) A teacher on layoff status may choose whether or not to treat the layoff as a termination for purposes of receiving a refund of the balance of the teacher's member contribution account in the teachers' retirement system under AS14.25.150. * Sec. 6. AS14.20.180(b) is amended to read: (b) The tenured teacher may, within 15 days immediately following receipt of the notification, notify the employer in writing that a hearing before the school board is requested or, within 60 1996-03-25 House Journal Page 3337 HB 465 days after receipt of the notification, bring suit in superior court. If the tenured teacher notifies the school board that the teacher is requesting a hearing before the school board, the ª. THE TENUREDß teacher may require in the notification that the hearing be either public or private and that the hearing be under oath or affirmation. The notification may also require that the right of cross-examination be provided and that the tenured teacher be represented by counsel and have the right to subpoena a person who has made allegations that are used as a basis for the decision of the employer. * Sec. 7. AS14.20.205 is amended to read: Sec. 14.20.205. JUDICIAL REVIEW. If a school board reaches a decision unfavorable to a teacher after a hearing under AS14.20.180, the teacher is entitled to judicial review based on the record ªA DE NOVO TRIALß in the superior court. However, a teacher who has not attained tenure rights is not entitled to judicial review under ªACCORDING TOß this section. * Sec. 8. AS 23.40 is amended by adding a new section to read: Sec. 23.40.185. INITIAL PROPOSALS AND FINAL AGREEMENTS OF SCHOOL NEGOTIATIONS ARE PUBLIC DOCUMENTS. The initial proposals exchanged by the parties to negotiations between a school district or a regional educational attendance area and a bargaining organization representing its employees and the final agreements reached by the parties are public records. * Sec. 9. FINDINGS AND PURPOSE ASTO SECTIONS 10 - 17. Many school districts are facing the need to restructure their operations and their work forces in order to reduce expenditures and balance budgets. Retirement incentives are management tools that have been used extensively by the private sector, the federal government, and other state and local governments across the country. The purpose of secs. 10 - 17 of this Act is to make this management tool temporarily available to the public schools and regional resource centers of the state. Sections 10 - 17 of this Act will enable these entities to be more efficient and cost-effective by eliminating certain nonessential positions, and producing a net reduction in personnel costs. * Sec. 10. RETIREMENT INCENTIVE PROGRAM. (a) A school district, regional educational attendance area, regional resource center, or the state boarding school may adopt a retirement incentive plan 1996-03-25 House Journal Page 3338 HB 465 under sec.11 of this Act and designate categories of employees eligible to participate in that plan. An employer need not extend the incentive plan to all employees who would otherwise be eligible, but may choose to extend the plan only to employees (1) in specific budget or administrative components of the employer; (2) in specific job classifications; (3) in specific geographic locations; or (4) on the basis of any combination of factors under (1) - (3) of this subsection. (b) An employee is eligible to participate in a retirement incentive plan under secs.9 - 17 of this Act only if the (1) employee is a vested member of the public employees' retirement system or the teachers' retirement system; (2) employee will be qualified to retire under AS14.25.110 or AS39.35.370 after receipt of the credit described in (f) of this section; (3) savings to the employer in personal services costs for the employee's position will exceed the costs to the employer for that position within three years after the employee is appointed to retirement. (c) An employer shall file its proposed retirement incentive plan with the commissioner of administration. The commissioner shall approve the plan if the plan meets the requirements of secs.9 - 17 of this Act. A proposed plan filed under this section must (1) identify job classifications of employees, and specific budget or administrative components, eligible to participate in the plan; (2) include a reimbursement agreement that (A) requires the employer, for each employee who retires under the plan, to reimburse the appropriate retirement system, within three years after the end of the fiscal year in which the employee is appointed to retirement, in an amount equal to (i) the actuarial equivalent of the difference between the benefits the participant receives after the addition of the credit under (f) of this section and the amount the participant would have received without the credit, less the amount the participant has paid on the indebtedness determined under (d) or (e) of this section; and (ii) an appropriate share of the administrative costs of the program; and 1996-03-25 House Journal Page 3339 HB 465 (B) provides that contributions from the employer under this section take priority over other obligations of the employer to the maximum extent permitted by law. (d) A member of the teachers' retirement system who participates in an approved retirement incentive plan under secs.9 - 17 of this Act is indebted to that system for an amount calculated under this subsection. The indebtedness is 25.95 percent of the member's actual compensation for the school year in which the member terminates employment, or the calculated school year compensation for a member who works less than the entire school year. An outstanding indebtedness at the time a member is appointed to retirement under an approved retirement incentive plan requires an actuarial adjustment to the benefits payable to that member. (e) A member of the public employees' retirement system who participates in an approved retirement incentive plan under secs.9 - 17 of this Act is indebted to that system for an amount calculated under this subsection. The indebtedness is 20-1/4 percent of the member's actual annual compensation for the year in which the member terminates employment, or the calculated annual compensation for a member who works fewer than 12 months. An outstanding indebtedness at the time a member is appointed to retirement under an approved retirement incentive plan requires an actuarial adjustment to the benefits payable to that member. (f) An employee who participates in an approved retirement incentive plan under secs.9 - 17 of this Act receives a credit of three years. The three years must be applied in the following order until exhausted: (1) to meet the age or service required for eligibility for normal retirement under AS14.25.110 or AS39.35.370, as appropriate; (2) to meet the age required for early retirement under AS14.25.110 or AS39.35.370, as appropriate; (3) to reduce the actuarial adjustment required for early re- tirement under AS14.25.110 or AS39.35.370, as appropriate; (4) as years of credited service for calculating retirement benefits. * Sec. 11. AUTHORIZATION FOR RETIREMENT INCENTIVE. (a) An employer may adopt, and file with the commissioner of administration for approval, a proposed retirement incentive plan for 1996-03-25 House Journal Page 3340 HB 465 its employees. A plan adopted under this section must provide that the application period for participation in the retirement incentive plan is June30, 1996, through February28, 1997. (b) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be appointed to retirement on or before August1, 1997. The employer, in a plan adopted under this section, may set an earlier date by which an employee must be appointed to retirement in order to participate in the plan. * Sec. 12. RECOVERY OF EMPLOYER DELINQUENCIES. To recover a delinquency owed by an employer other than the state under an agreement entered into under sec.10(c)(2) of this Act, the Department of Administration may (1) direct that the amount of the delinquency or a lesser amount be withheld from any money payable to the employer by a state department or agency and that the amount withheld be credited to the delinquency; and (2) bring an action against the employer. * Sec. 13. REEMPLOYMENT INDEBTEDNESS; PROHIBITION ON REEMPLOYMENT. (a) If an individual is reemployed as a member of the public employees' retirement system under AS39.35, the teachers' retirement system under AS14.25, the judicial retirement system under AS22.25, or the optional university retirement program under AS14.40.661- 14.40.799 after appointment to retirement under secs.9 - 17 of this Act, that individual forfeits the incentive credit received under sec.10(f) of this Act and is indebted to the system under which the individual took retirement. The indebtedness is 110 percent of the amount the individual received as a result of participation in a retirement incentive plan under secs.9 - 17 of this Act and to which the individual would not otherwise have been entitled, including the cost of health insurance. The amount that the individual has paid under sec. 10(d) or (e) of this Act will be applied as a credit toward the reemployment indebtedness. Interest on the reemployment indebtedness accrues from the date of reemployment until the date that the individual either is appointed to retirement and accepts an actuarial adjustment to the individual's future benefits or repays the indebtedness in full. The rate of interest is that established by regulation for the public employees' retirement system by the 1996-03-25 House Journal Page 3341 HB 465 public employees' retirement board and for the teachers' retirement system by the teachers' retirement board. (b) An individual who was appointed to retirement under secs.9 - 17 of this Act may not be employed by, or enter into a contract for personal services with, a state agency or the University of Alaska within the three years after the date of appointment to retirement, except that (1) the University of Alaska may enter into a personal services contract with the individual for teaching or research; and (2) the individual may accept employment with the legislature during a legislative session if the employment is on an hourly basis and does not entitle the individual to receive retirement, health, or leave benefits. (c) Notwithstanding the prohibition in (b) of this section, a state agency or the University of Alaska may enter into a personal services contract with an individual who was appointed to retirement under secs.9 - 17 of this Act if the Board of Regents, for the University of Alaska, or the commissioner of administration, for a state agency, determines that there is a compelling reason to do so because of the individual's specialized or extensive experience that relates to a particular program or project of the state agency or university. * Sec. 14. OFFICE OF MANAGEMENT AND BUDGET. (a) The office of management and budget shall submit a report to the legislature on the retirement incentive program under secs.9 - 17 of this Act on April 15, 1998. The report must provide the information necessary for the legislature to evaluate the effectiveness of the programs in achieving their objectives. * Sec. 15. PROGRAM CHANGES. (a) An individual employee does not have a vested or contractual right to a benefit under secs.9 - 17 of this Act until an agreement is executed with the administrator that specifically authorizes that employee to participate in the retirement incentive program under secs.9 - 17 of this Act. The legislature reserves the right to change any aspect of the retirement incentive program as it relates to employees for whom participation agreements have not yet been executed with the administrator or with the commissioner of administration. (b) In this section, "administrator" means the administrator of the public employees' retirement system for employees who are members of that system, and the administrator of the teachers' retirement system for employees who are members of that system. 1996-03-25 House Journal Page 3342 HB 465 * Sec. 16. REGULATIONS. The commissioner of the Department of Administration may adopt regulations under AS44.62 (Administrative Procedure Act) to implement and interpret secs.9 - 17 of this Act. * Sec. 17. DEFINITIONS. (a) Unless provided otherwise in secs.9 - 17 of this Act, the definitions set out in AS14.25.220 apply to provisions in secs.10- 13 of this Act that relate to the teachers' retirement system and members of the teachers' retirement system. (b) Unless provided otherwise in secs.9 - 17 of this Act, the definitions set out in AS39.35.680 apply to provisions in secs.10 - 13 of this Act that relate to the public employees' retirement system and members of the public employees' retirement system. (c) In secs.9 - 17 of this Act, (1) "employer" means a school district, regional educational attendance area, regional resource center, or the state boarding school; (2) "office of management and budget" means the office of management and budget in the Office of the Governor; (3) "public employees' retirement system" means the Public Employees' Retirement System of Alaska (AS39.35); (4) "teachers' retirement system" means the Teachers' Retirement System of Alaska (AS14.25). * Sec. 18. The amendments made by secs. 1 and 2 of this Act apply to teachers first hired by a school district on or after the effective date of this Act. * Sec. 19. Sections 10 and 11 of this Act are repealed July 1, 1998." Representative Finkelstein moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Vezey objected. The question being: Shall Amendment No. 17 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 17 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 1996-03-25 House Journal Page 3343 HB 465 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 17 was not adopted. Amendment No. 18 was offered by Representative Davies: Page 1, line 11: Delete "AS 14.20.177(e)" Insert "the school district's layoff procedures negotiated under AS 14.20.177" Page 5, line 10, after "provided": Insert "in layoff procedures negotiated" Page 5, line 31, through page 7, line 12: Delete all material all material and insert: "Sec. 14.20.177. NEGOTIATED LAYOFF AND RECALL PROCEDURES. The school board and the employee bargaining organization representing certificated employees shall adopt as part of the negotiated agreement covering the employment of the certificated employees procedures for the layoff and recall of the employees. The procedures shall provide that a school district may only lay off certificated employees if there is a demonstrated reduction in school revenue or if the reduction in staff is necessary because of a decrease in school attendance." Representative Davies moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Ivan objected. Representative Martin placed a call of the House. The call was satisfied. 1996-03-25 House Journal Page 3344 HB 465 The question being: Shall Amendment No. 18 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 18 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Brice: Page 5, following line 10: Insert a new bill section to read: "* Sec. 7. AS 14.20.160 is amended by adding a new subsection to read: (b) An administrator loses tenure rights unless the administrator performs teaching services as required by this subsection. To retain tenure rights, an administrator must show that, within the last five years, the administrator has performed classroom teaching services in the area of the administrator's endorsement equal in time to at least 1/5 of the instructional day for each instructional day of a school year or an equivalent amount of time in more than one school year. However, the administrator may count instructional time in no more than four quarters over the five-year period in satisfying the requirement of this subsection." Renumber the following bill sections accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 19 be adopted. 1996-03-25 House Journal Page 3345 HB 465 Representative Barnes objected. The question being: Shall Amendment No. 19 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 19 YEAS: 8 NAYS: 32 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 19 was not adopted. Amendment No. 20 was offered by Representative Brice: Page 1, line 2, after "bargaining" (title amendment): Insert "; and relating to unemployment compensation for certain employees of educational institutions;" Page 8, after line 15: Insert new bill sections to read: "* Sec. 11. AS23.20.354(b) is amended to read: (b) An individual who has otherwise satisfied the requirements of this chapter for the receipt of regular benefits is eligible for state interim benefits if ª(1) THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT PAYABLE UNDER THIS CHAPTER IS REDUCED OR DENIED UNDER AS23.20.381(h); OR (2)ß the individual is a noncertificated individual who provides compensated service to a school district for teaching indigenous languages and the individual's weekly benefit amount 1996-03-25 House Journal Page 3346 HB 465 payable under this chapter is reduced or denied under AS23.20.381(e). * Sec. 12. AS23.20.354(c) is amended to read: (c) The amount of state interim benefits payable to an individual for a week is equal to the difference between the individual's weekly benefit amount, including the dependents allowance, established under AS23.20.350 and the individual's weekly benefit amount, including the dependents allowance, payable for that week under AS23.20.381(e) ªOR 23.20.381(h)ß. The total amount of state interim benefits paid may not exceed the total amount of regular benefits denied solely under AS23.20.381(e) ªOR 23.20.381(h)ß. * Sec. 13. AS23.20.381(i) is amended to read: (i) Benefits based on services described in (e) ªAND (h)ß of this section may not be paid to an individual for a week that begins during an established and customary vacation period or holiday recess if the individual performs those services in the period immediately before the vacation period recess and there is a reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess. * Sec. 14. AS23.20.381(j) is amended to read: (j) Benefits based on services described in (e) ªAND (h)ß of this section shall be denied under (e) ª, (h),ß and (i) of this section to an individual who performed those services in an educational institution while in the employ of an educational service agency. In this subsection, "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing services to one or more educational institution." Renumber the following bill sections accordingly. Page 8, line 24: Delete "is" Insert "and AS 23.20.381(h) are" Representative Brice moved and asked unanimous consent that Amendment No. 20 be adopted. 1996-03-25 House Journal Page 3347 HB 465 Representative Barnes objected. The question being: Shall Amendment No. 20 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 20 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, James, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 20 was not adopted. Amendment No. 21 was offered by Representative Davies: Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 14.20.130 is amended by adding a new subsection to read: (b) Beginning on the effective date of this section, a school district may not issue an employment contract to a certificated teacher unless the teacher holds an endorsement for that position. However, this subsection does not apply to a teacher who was first hired by the district before the effective date of this section and who is rehired by a school district after a layoff under AS 14.20.177." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. 1996-03-25 House Journal Page 3348 HB 465 Page 6, lines 11 -13: Delete "However, a school district may retain a nontenured teacher and place on layoff status a tenured teacher if there is no tenured teacher in the district who is qualified to replace the nontenured teacher." Page 6, lines 14 - 27: Delete all material. Reletter the following subsections accordingly. Page 6, lines 30 - 31: Delete "for which the teacher is qualified" Page 8, line 26: Delete "secs. 2 and 4" Insert "secs. 3 and 5" Representative Davies moved and asked unanimous consent that Amendment No. 21 be adopted. Objection was heard. The question being: Shall Amendment No. 21 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 21 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Robinson, Williams, Willis Nays: Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 21 was not adopted. 1996-03-25 House Journal Page 3349 HB 465 Amendment No. 22 was offered by Representative Brown: Page 6, line 9, after "(c)": Insert "A school district that intends to place a tenured teacher on layoff status shall provide the teacher with at least 12 months' notice of the intended layoff." Representative Brown moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Martin objected. Representative Brown moved and asked unanimous consent to withdraw Amendment No. 22. There being no objection, it was so ordered. Amendment No. 23 was offered by Representative Brice: Page 1, line 2, after "bargaining" (title amendment): Insert "; and requiring school districts and regional educational attendance areas to pay for the cost of certain immunizations for certain employees;" Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS14.03 is amended by adding a new section to read: Sec. 14.03.155. PAYMENT FOR IMMUNIZATIONS. A school district or regional educational attendance area shall pay for the cost of immunizations against blood borne pathogens for an employee who requests that the school district or regional educational attendance area do so." Page 1, line 4: Delete "* Section 1" Insert "* Sec. 2" Renumber the following bill sections accordingly. 1996-03-25 House Journal Page 3350 HB 465 Page 8, line 26: Delete "secs. 2 and 4" Insert "secs. 3 and 5" Representative Brice moved and asked unanimous consent that Amendment No. 23 be adopted. Objection was heard. The Speaker ruled Amendment No. 23 out of order. Amendment No. 24 was offered by Representative Brown: Page 1, line 11: Delete "AS 14.20.177(e)" Insert "AS 14.20.177(h)" Page 6, after line 8: Insert new subsections to read: "(c) Before a school district lays off classroom teachers, the school board must show (1) the ways in which it has addressed the need for additional revenue for the district, including efforts to seek additional revenue from the local and state governments; (2) that the layoff plan has attempted to reduce the number of administrators employed by the district proportionally to the number of classroom teachers who have been laid off; (3) how the school district has implemented cost-saving measures and reduced expenses, including any reduction in benefits provided to school board members; (4) the projected effect of the implementation of the layoff plan on the instructional program and class size by academic and program area. (d) A school district that has implemented a layoff plan shall report to the department each year (1) the wages, terms, and conditions contained in the employment contract between the superintendent and the school district or contained in any other agreements between the 1996-03-25 House Journal Page 3351 HB 465 superintendent and the school district that relate to wages, terms, or conditions of employment of the superintendent; (2) a list of the teachers laid off, including the name of the teacher, the amount of salary paid each teacher, the total years of experience in teaching and in teaching in the district that the teacher had before layoff, and the subject area endorsements and certifications of the teacher; the list must identify any laid off teacher who has since been rehired by the district. (e) If an employee bargaining organization believes that a school board has failed to make a good faith effort to limit the number of tenured teacher layoffs to the minimum needed to respond to the situation facing the school district, the organization may grieve the district's layoff plan under the provisions of the collective bargaining agreement." Reletter the following subsections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 24 be adopted. Objection was heard. The question being: Shall Amendment No. 24 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 24 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Masek, Navarre, Nicholia, Robinson, Williams, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 24 was not adopted. 1996-03-25 House Journal Page 3352 HB 465 Amendment No. 25 was offered by Representative Brice: Page 7, line 29: After "is": Insert "either invoking the grievance procedures under the district's collective bargaining agreement or is" After the period: Insert "(d)" Reletter the following subsection accordingly. Page 7, line 30, after "hearing": Insert "before the school board" Page 8, line 13, after "right": Insert "to a grievance procedure or" Representative Brice moved and asked unanimous consent that Amendment No. 25 be adopted. Objection was heard. The question being: Shall Amendment No. 25 be adopted? The roll was taken with the following result: CSHB 465(HES) am Second Reading Amendment No. 25 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey 1996-03-25 House Journal Page 3353 HB 465 And so, Amendment No. 25 was not adopted. HB 465 Amendment No. 26 was offered by Representative Therriault: Page 8, lines 14 & 15, following teacher,: Delete file an action in superior court Insert request an administrative trial before a superior court judge, without a jury Representative Therriault moved and asked unanimous consent that Amendment No. 26 be adopted. Objection was heard. Representative Therriault moved and asked unanimous consent to withdraw Amendment No. 26. There being no objection, it was so ordered. 1996-03-25 House Journal Page 3354 HB 465 Representative Vezey moved and asked unanimous consent that CSHB465(HES) am be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The Speaker stated that CSHB 465(HES) am will be in third reading on the March 26, 1996, calendar.