Legislature(1995 - 1996)
1996-01-08 Senate Journal
Full Journal pdf1996-01-08 Senate Journal Page 2060 SB 204 SENATE BILL NO. 204 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to teacher evaluation, teacher tenure, teacher continuing employment status, teacher layoff and rehire rights, and the rights of teachers to obtain review of decisions of nonretention or dismissal; relating to public access to certain information on, and public participation in, public school collective bargaining; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education and Social Services and Judiciary Committees. Zero fiscal note published today from Department of Education. Governors transmittal letter dated January 8: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that addresses a number of issues related to promoting professional excellence in education. Last summer I vetoed similar legislation that was divisive and did not adequately address the real problems that face our educational system. With my veto, I promised an opportunity to seek a compromise with which the Alaska educational family would agree. A committee met and provided me with a proposal that addresses all of the issues contained in the vetoed legislation and that additionally highlights the importance of the evaluation process. This legislation lengthens the probationary period for teachers; supports professional competence as a basis for achieving and maintaining "continuing employment status"; focuses on a strong supervision and evaluation process that provides special support for teachers new to the profession; revises appeal procedures regarding dismissal and nonretention decisions; provides for the development of locally determined procedures to address teacher layoff and recall; and increases public access to information on the collective bargaining process. 1996-01-08 Senate Journal Page 2061 SB 204 This legislation is the product of the efforts of parents, school board members, teachers, administrators, Department of Education employees, and others. While these groups often voice different views and perspectives, in this instance they worked together and produced a bill that I believe begins to improve education in this state. The bill requires each school district to adopt a professional assessment system to be used to evaluate that districts teachers. (Under existing law, "teacher" includes administrators and others). The assessment systems will be developed with input from parents, students, community members, classroom teachers, and administrators and will focus on improving the performance of the professional staff. The assessment systems will contain provisions specifically designed to assist teachers new to the profession. The bill replaces the current statutory term "tenure" with the phrase "continuing employment status" and increases from two to three the number of years that a teacher must be continuously employed with a district before acquiring continuing employment status. Although tenured teachers have always been subject to dismissal or nonretention for unsatisfactory performance, tenure nevertheless connotes to many a right to lifelong employment in a school district. Under this bill, a teacher earns a right to continuing employment status in a district by receiving a satisfactory evaluation in a third year of continuous employment with the district, among other requirements. The bill also clarifies that, before acquiring continuing employment status, a teacher is on probationary status. Several statutes are amended in the bill without substantive change in order to replace "tenure" with "continuing employment status" or to add the term "probationary." I believe that use of the new phrase to describe the right to continued employment, coupled with the important substantive changes made by this bill, signals a healthy shift in focus in the area of teacher employment. 1996-01-08 Senate Journal Page 2062 SB 204 The bill permits school districts to place continuing employment status teachers on layoff status as a result of financial emergency or a decrease in enrollment. Before such teachers are placed on layoff status, however, all probationary teachers must first be nonretained (unless there is no qualified continuing employment status teacher to replace a probationary teacher). Local districts will adopt reduction- in-force plans that identify procedures related to layoff and rehire. The bill also identifies several routes for review of a local boards decision to dismiss or nonretain a teacher and gives the public more access to collective bargaining information. A sectional description of the bill is available from the Department of Education. I urge your prompt consideration and passage of this important bill. Sincerely, /s/ Tony Knowles Governor