Legislature(1999 - 2000)
1999-05-10 House Journal
Full Journal pdf1999-05-10 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 AS14.20.150(d) is repealed.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.