Legislature(1999 - 2000)

1999-05-10 House Journal

Full Journal pdf

1999-05-10                     House Journal                      Page 1299
SB 98                                                                        
The following, which had been read a second time and moved to the              
bottom of the calendar (page 1296), was again before the House:                
                                                                               
SENATE BILL NO. 98                                                            
"An Act relating to teacher tenure."                                          
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brice:                           
                                                                               
Page 1, line 3, through Page 2, line 13:                                       
	Delete all material and insert:                                               
   "* Section 1.  AS14.20.147(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 does not have            
an official salary schedule or teacher tenure in the same manner as            
a public school district in the state 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 two ¦THREEá 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(a) is amended to read:                             
	(a)  Except as provided in (c) ¦OR (d)á of this section, a                   
teacher acquires tenure rights in a district 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;                     
		(2)  has been employed as a teacher in the same district                    
continuously for two ¦THREEá full school years;                            
		(3)  receives, in the second ¦THIRDá year of any two-                 
year ¦THREE-YEARá period of continuous employment with the                   
district, an evaluation under the districts evaluation system stating          
that the teachers performance meets the district performance                   
standards; and                                                                 
		(4)  on or before October 15 of the school year,                            

1999-05-10                     House Journal                      Page 1300
SB 98                                                                        
		(A)  accepts a contract for employment as a teacher                        
in the district for a third ¦FOURTHá consecutive school year;              
and                                                                            
		(B)  performs a day of teaching services in the district                   
during that school year.                                                       
    * Sec. 3.  AS14.20.150(d) is repealed.                                   
   * Sec. 4.  TRANSITIONAL PROVISION.  Notwithstanding the                   
amendments made to AS14.20.147(b) and 14.20.150(a) by secs. 1 and              
2 of this Act, the tenure rights of a teacher who, on the effective date       
of this Act, is in the teacher's third consecutive year of teaching in a       
school district or federal agency school shall be determined under             
AS14.20.147(b) or 14.20.150(a), as appropriate, as they existed before         
the amendments made by this Act."                                              
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
Representative Davies moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Davies was required to vote.                     
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 98                                                                          
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Harris,           
Kemplen, Kerttula, Kott, Moses, Smalley                                        
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Hudson, James, Joule, Kapsner, Kohring,                 
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Therriault, Whitaker, Williams                                        
                                                                               
Absent:  Kookesh                                                               
                                                                               

1999-05-10                     House Journal                      Page 1301
SB 98                                                                        
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Austerman:                       
                                                                               
Page 2, following  line 13:                                                    
	 Insert a new bill section to read:                                           
                                                                               
   * Sec. 2.  AS 14.20.150 is amended by adding a new subsection to          
read:                                                                          
	(e) A teacher who has acquired tenure in a school district and               
moves to a new school district will reacquire tenure on the first              
instructional day of the third year of employment.                             
                                                                               
Representative Austerman moved and asked unanimous consent that                
Amendment No. 2 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 98                                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,           
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott,                
Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter,               
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Nays:  Kohring                                                                 
                                                                               
Absent:  Barnes, Kookesh                                                       
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
Representative Green moved and asked unanimous consent that SB98               
am H be considered engrossed, advanced to third reading and placed             
on final passage.                                                              

1999-05-10                     House Journal                      Page 1302
SB 98                                                                        
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that SB 98 am H will be in third reading on the             
May 11, 1999, calendar.