Legislature(1995 - 1996)
1996-04-24 Senate Journal
Full Journal pdf1996-04-24 Senate Journal Page 3530 HB 465 CS FOR HOUSE BILL NO. 465(HES) am An Act relating to employment of teachers and school administrators and to public school collective bargaining was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 3493. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date was adopted and read the second time. Senator Salo offered Amendment No. 1 : Page 5, line 6, following "(c)": Insert "or (d)" Page 5, following line 25: Insert a new subsection to read: "(d) A teacher who has acquired tenure in a school district in the state and who loses tenure in the district because of a break in service may acquire tenure in that school district or another school district under this subsection if the break in service was not the result of a dismissal under AS 14.20.170 or nonretention under AS 14.20.175 and did not last longer than one year. A break in service that begins on or after the last day of a school district's instructional days for a school year but before the first instructional day of the next school year will be considered to have lasted no longer than one year if the teacher is employed on the first instructional day of the school year that begins more than 12 but not more than 16 months after the beginning of the break in service. A previously tenured teacher acquires tenure in a school district under this subsection when the teacher (1) possesses a valid teaching certificate that authorizes the teacher to be employed as a certificated teacher or as an administrator under regulations adopted by the department; 1996-04-24 Senate Journal Page 3531 HB 465 (2) has been employed as a teacher in the district continuously for one full school year after a break in service that does not exceed the time limits set out in this subsection; (3) receives, under the district's evaluation system, an acceptable evaluation from the district; and (4) on or before October 15 of the school year, (A) accepts a contract for employment as a teacher in the district for a second consecutive school year; and (B) performs a day of teaching services in the district during that school year." Senator Salo moved for the adoption of Amendment No. 1. Senator Green objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 465(RLS) Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, R.Phillips, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senator Salo offered Amendment No. 2 : Page 6, line 17 after standards Insert and is unable or fails, intentionally or unintentionally, to perform the teacher's customary teaching duties in a satisfactory manner Senator Salo moved for the adoption of Amendment No. 2. Senator Green objected. 1996-04-24 Senate Journal Page 3532 HB 465 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 465(RLS) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Duncan offered Amendment No. 3 : Page 7, line 26, following "evaluation": Insert "from that district or another district in the state" Page 7, line 27, following "standards": Insert "or, if the district did not have performance standards at the time the evaluation was performed, was satisfactory or acceptable" Page 8, line 1, following "evaluation": Insert "from that district or another district in the state" Page 8, line 2, following "standards": Insert "or, if the district did not have performance standards at the time the evaluation was performed, was satisfactory or acceptable" Senator Duncan moved for the adoption of Amendment No. 3. Senator Green objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1996-04-24 Senate Journal Page 3533 HB 465 SCS CSHB 465(RLS) Second Reading Amendment No. 3 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce, R.Phillips, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 3 failed. Senator Miller offered Amendment No. 4 : Page 4, line 15, following place: Delete a tenured administrator Insert an administrator who has previously acquired tenure, Senator Miller moved for the adoption of Amendment No. 4. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Phillips offered Amendment No. 5 : Page 3, line 4, following "workplace.": Insert "As part of the evaluation of an administrator, the school district shall thoroughly address each formal complaint concerning the administrator received since the last evaluation period." Senator Phillips moved for the adoption of Amendment No. 5. Senator Duncan objected. Senator Phillips moved and asked unanimous consent to withdraw Amendment No. 5. Without objection, it was so ordered. 1996-04-24 Senate Journal Page 3534 HB 465 Senator Rieger offered Amendment No. 6 : Page 10, following line 7: Insert a new bill section to read: "* Sec. 13. AS14.20 is amended by adding a new section to read: Sec. 14.20.221. REWARDING AND PREPARING EXCEPTIONAL TEACHERS. (a) A school district may establish a system of pay raises and promotions that includes advancement based on teaching performance. To determine whether a teacher should receive a pay raise or receive a promotion, the district shall provide an evaluation and recommendation system. A teaching performance evaluation and recommendation under this subsection may be performed by other teachers employed in the same district and by the school district. (b) A school district may establish master teacher positions that have instructional mentoring responsibilities to other teachers and that have reduced direct instructional workloads accordingly. The school district may select master teachers based on teaching performance evaluations and recommendations made by teachers in the district and by the school district. If the district has developed a master teacher evaluation system under (a) of this subsection, the school district may use that system for selecting master teachers under this subsection. A school district that has not chosen to implement a teaching performance evaluation system under (a) of this section and that chooses to establish master teacher positions under this subsection shall develop an evaluation and recommendation system. (c) This section is not exempt from the provisions of AS23.40.070- 23.40.260 (Public Employment Relations Act)." Renumber the following bill sections accordingly. Senator Rieger moved for the adoption of Amendment No. 6. Senator Salo objected. 1996-04-24 Senate Journal Page 3535 HB 465 The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCS CSHB 465(RLS) am S Second Reading Amendment No. 6 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Halford, Hoffman, Leman, Miller, R.Phillips, Rieger, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Frank, Green, Kelly, Lincoln, Pearce, Salo, Sharp, Zharoff and so, Amendment No. 6 failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SCS CSHB 465(RLS) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S will appear on the April 25 calendar.