Legislature(2015 - 2016)CAPITOL 106
03/02/2015 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 97 | TELECONFERENCED | |
| *+ | HB 98 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 98-JURY DUTY EXEMPTION FOR TEACHERS
8:53:54 AM
REPRESENTATIVE COLVER said HB 98 exempts teachers from jury duty
during the school year. He said he wants to keep teachers in the
classroom and improve student learning. There have been cases
where a class needs a long-term substitute, and both teachers
are paid. It impacts the continuity of the learning plan, and it
is difficult for a teacher to come back into the classroom after
a long absence. Teachers will be evaluated based on student
performance, so anything that impacts student learning reflects
back on the teacher. Alaska should want our teachers to be
teaching, and "we are all focused on student learning and
results and I think we could get the best results by allowing
teachers … to opt out of a long jury trial," which could be made
up in the summer season.
8:56:19 AM
DAVID SCOTT, Staff, to Representative Colver, Alaska State
Legislature, He noted that there is a current exemption in law
for teachers, but it only applies teachers in underperforming
schools. He said Section 2 of HB 98 refers to the court rule
amendment requirement, which is a two-thirds majority. The
committee should consider the two competing constitutional
provisions of the right to a jury and the policy for
establishing schools, he explained.
8:58:29 AM
REPRESENTATIVE SEATON asked how many teachers this would impact.
8:58:55 AM
MR. SCOTT said he did not know, and he added that some
legislators think HB 98 is too broad. One suggestion is an opt-
out provision, should a teacher want to serve when called.
Another option would be to have judges decide that teachers can
be excused when faced with a potentially long trial, he said.
9:00:04 AM
CHAIR KELLER asked if judges already have that discretion and if
there are other legislative exemptions for certain professions.
MR. SCOTT offered that in the early history of the state some
may existed, and it gets to be a slippery slope of adding other
exemptions, so the legislature decided to remove the exemptions.
The exemptions for teachers started in 2004, and that is when
the No Child Left Behind Act [was enacted], he said.
9:02:22 AM
REPRESENTATIVE VAZQUEZ said teachers have summer vacations. She
has personally asked for a rescheduling of her jury duty so that
it does not interfere her job, she explained.
CHAIR KELLER said he does not want to move the bill today. Every
legislator needs to understand its constitutional ramifications.
9:03:36 AM
REPRESENTATIVE COLVER highlighted the zero fiscal note.
9:04:04 AM
NANCY MEADE, General Council, Alaska Court System, said the
existing exemption allows teachers from low-performing schools
to serve if they wish. Judges have the discretion to exempt or
defer jurors who express a hardship, she clarified. The jury
summons includes questions to determine a person's eligibility
to serve, as well as an option to request serving at a later
date. The courts are extremely lenient, she stated. She said she
looked at the exemption rates for teachers from low-performing
schools, but most courts do not require potential jurors to
state a reason for a deferral. For the courts that require a
reason, she found that teacher exemptions are not "terribly
common." People are entitled to a jury of peers, and excluding a
group changes the overall jury pool, especially in a small
community. When one category or profession is exempt, it creates
an increase in the jury burden on other citizens, she noted.
Jury service can be inconvenient and the courts try to work with
people, but by excluding one group, another group, such as
fishermen, might express the same desire. She gave examples of
small business owners and daycare providers. Finally, there used
to be a number of exemptions in statute, including attorneys,
judges, priests, minister, teachers, doctors, dentists, and
certain civil officers, and with the thought that the burden
ought to be equally shared, those were repealed.
9:08:34 AM
REPRESENTATIVE SEATON said the jury pool would not be mandated
to be smaller; it would be optional for teachers. How many
teachers from low-performing schools actually serve during a
school year?
MS. MEADE said she only has anecdotes, and teachers in some
communities use the exemption, and others are pleased to be able
to serve outside of the summer months. The court uses the PFD
[Permanent Fund Dividend] application as its jury list, and then
it is all randomized, she added
REPRESENTATIVE SEATON noted that the current law provides an
exemption only from the school year, and the teacher would be in
the pool for the summer months.
MS. MEADE said the exemption is just during the school term, so
it really is a deferral until the summer.
9:11:01 AM
CHAIR KELLER opened public testimony. He commented that jury
duty is a privilege and responsibility. Alaska has a common law
system, and trial by jury is important. Voting can be
inconvenient, he offered.
9:12:13 AM
DAVID NEES, said he opposed HB 98, and he noted an earlier
conversation when five of the eleven teachers from the lower
Yukon-Kuskokwim school district were called to jury duty. He
said he is opposed to the bill, because Alaska is the only state
that made an exemption in response to NCLB. About six states
allow a deferral for primary teachers and for the primary
caregiver, but most do not make a categorical exemption, he
stated. He said he taught for 28 years, got called to jury duty
only once, and the judge allowed him to defer service until the
summer months. Teachers are important as role models, and if
they do not serve because they are important, then a medical
person may seem to not be important, he stated. He said he
included testimony from 2004, and he asked what the next group
will be who claims to be important. If this is just about saving
money, that is another argument, he concluded.
9:14:54 AM
BARBARA GERARD, Principal, Academy Charter School, said her
responsibility is to ensure her students have the best
instruction every single day of their school year. That means
having good teachers who know their curriculum and how to teach
it, and who are bonded with the students. It is an uphill battle
when it comes to jury duty; last year 7 out of her 22 certified
staff served on jury duty, and this year, 9 have served already.
It is costly to pay for substitute teachers, it is unfair to the
teachers who are accountable to their students' learning, and,
most importantly, it is unfair to students. Students have only
one year for each grade, and when the teachers are away, their
opportunity to learn the material from a master teacher is gone,
she stated. Please support HB 98 and keep our teachers in the
classroom.
9:16:54 AM
REPRESENTATIVE SEATON asked if a deferral would be as effective
as an exemption.
MS. GERARD said she supports any language that protects the
school season.
9:17:50 AM
KATHERINE GARDNER, Human Resources Director, Matanuska-Susitna
Borough School District, said she supports HB 98, and she noted
that last year, the Matanuska-Susitna Borough School District
had 1,412 hours with teachers out of the classroom, and, this
year, it will be 976 hours specifically for jury duty. Highly
effective teachers have the greatest impact on student learning,
she said, and HB 98 will allow them to stay on staff. When
teachers are gone for lengthy jury service, it really disrupts
the learning environment, and that is her greatest concern, she
stated.
CHAIR KELLER asked if any teachers want to keep the right to
serve on a jury.
SEAN REILLY, Teacher, said he teaches seventh grade and supports
HB 98, but he believes people should be judged by a jury of
their peers. Teachers should serve jury duty; however, this law
would provide leniency for when they serve. Teachers have free
time in the summer, and, by serving in that season, schools
would not suffer the huge economic loss from paying substitute
teachers. He stated that it is very difficult for a substitute
to continue with curricula, and teachers are evaluated on how
well students are advancing. He suggested that "postpone" could
replace "exempt" in HB 98.
9:24:54 AM
STACY MOLINA, Teacher, said she supports HB 98 and she agrees
with what has been said. She said she was summoned for jury duty
in January and was very willing to serve and she shared her
experience with her classroom. However, later in January she was
impaneled to a jury that was scheduled to last into March, and
she expressed concerns about being out of her classroom, and the
court clerk assured her that she would be excused, but the judge
made it very clear that she does not excuse teachers. The judge
said there were ample substitutes in the district, and union
contracts protected her paycheck. The judge would not listen to
the academic impact that would fall upon her students, she
stated. Ultimately, she said, she was excused from the duty
because she had airplane tickets and travel plans. She noted
that her professional evaluation would have been impacted by her
absence.
9:27:54 AM
REPRESENTATIVE SEATON asked if she will ask for a deferral the
next time she receives a jury notice.
MS. MOLINA answered yes, and she pointed out that teachers only
have July to serve, because the beginning and end of the school
year are detrimental times to serve. She said that she did not
ask for a July deferral, because the court had said that very
little is done in July, and the courts are hesitant to give
deferrals at that time because everybody asks for the same
period of time. She said that many trials are not held in July,
because people like to go fishing then, including judges.
9:29:28 AM
CHAIR KELLER repeated his question about some teachers wanting
to serve on a jury.
KATHERINE GARDNER said some teachers may choose not to take
advantage of the deferral, because of their summer plans or
other reasons. The greatest concern is the lengthy trials, and
she does not know if that can be written into the law.
9:31:09 AM
POSIE BOGGS, Literacy Volunteer, stated her support of HB 98,
giving teachers the ability to postpone jury duty. Dr. Nancy
Mather is a co-author of the Woodcock-Johnson [Diagnostic
Reading] Battery, which diagnoses literacy in children, she
said. Dr. Mather attributes low literacy to teachers not having
enough time to teach reading. She stated that not every teacher
is fantastic at teaching reading, but we have to make sure that
our children receive many intensive hours in reading
instruction, especially if they struggle.
9:33:21 AM
DAVID BOYLE, said HB 98 should also include those who teach in
private and religious schools.
9:34:40 AM
REPRESENTATIVE KREISS-TOMKINS referred to Ms. Gerard's testimony
and said it appears that the ratio was very high and
disproportionate for teachers in the Academy Charter School.
MS. MEADE replied that jury service is random, and she has no
explanation for that high proportion, but the larger the
population base, the less often people are called for service.
REPRESENTATIVE KREISS-TOMKINS noted that since it is random, one
might conclude that 45 percent of Palmer residents were also
solicited to be on the jury.
MS. MEADE said 45 percent of the eligible residents in Palmer in
a year seems high.
9:36:31 AM
REPRESENTATIVE SEATON noted that the current statute gives the
wrong impression by using the term "exemption" and he would like
to see it written as a deferral from the regular school year. He
asked how the court would respond to that.
9:37:25 AM
MS. MEADE said the court would implement it as written as there
is a statute allowing deferrals, and teachers could be added to
that language. She noted that anyone can request a deferral for
a hardship, and such requests are almost always accommodated,
although one of the callers said otherwise. "I don't want to
downplay the inconvenience that juries can cause to citizens. We
try to minimize it, but we don't have that control," she said.
REPRESENTATIVE SEATON noted that his personal requests deferring
jury duty outside of the legislative session have always been
granted. "I presume that that allows the court to manage its
jury pool better so maybe in the meantime or following up on the
hearings we can get some feedback from you as if a deferral at
the time of getting jury notice would be more effective in
allowing the court to control its jury pool and people other
than being
MS. MEADE asked whether he was suggesting that rather than
random summons, have a list of people not to summons during a
certain time period. She related it would be more difficult as
it easier for the court to send out a summons and allow that
citizen to respond with their request for a deferral.
9:40:55 AM
REPRESENTATIVE SEATON surmised that this bill is an exemption
rather than when an individual is summoned but actually an
individual appears for jury duty then the exemption would apply
which appears it does not allow the court to plan far enough in
advance as to who they are calling to jury duty.
MS. MEADE responded that when an individual receives a jury
summons and questionnaire they have an opportunity to request an
exemption for another date. She remarked the same is true for
teachers and they may claim the exception during the school
year, which is routinely granted.
REPRESENTATIVE SEATON surmised that at receipt of the summons,
an individual can claim a deferral rather than at the time of
trial if called during a school year.
MS. MEADE responded that the deferral is applied in the same
manner for everyone and when teachers receive their summons they
write on the list they would like to defer until June, and are
routinely granted. She added that if individuals do not send
their request to be deferred, they appear on the date required
and have an opportunity to advise the judge they would like to
defer and offer a reason.
9:44:04 AM
REPRESENTATIVE VAZQUEZ questioned whether there is a distinction
between exemption and deferral.
MS. MEADE replied that some people are permanently exempt if
they have a certain disability, over 70 years of age, cannot
speak or read English, and other rare reasons.
REPRESENTATIVE VAZQUEZ surmised that if the intent is to not
have a permanent exemption but to have teachers serve during the
summer months, the appropriate wording is deferral and not
exemption.
REPRESENTATIVE VAZQUEZ replied that is the effect of how it is
applied as it reads "exempt during the school year" which means
to the jury clerks that they are put to another time. She
described it as a semantic difference but the effect is the
same.
REPRESENTATIVE VAZQUEZ pointed out that the exemption would be
qualified to "during the school year," otherwise if the
qualification was not included they would be totally exempt.
MS. MEADE answered in the affirmative, that the statute now
reads "during the school term," and that is the phrase the court
replies upon to defer.
9:45:51 AM
REPRESENTATIVE SEATON noted that the exemption appears to be a
personal exemption and referred to testimony from school
districts regarding the disruptions to schools with teachers
being out. He asked whether the requirement that a teacher apply
for the exemption be subject to collective bargaining requiring
that all teachers exercise the exemption which would have a
different impact on schools and the court.
CHAIR KELLER did not require Ms. Meade to respond and found it a
good question to put on record.
9:47:53 AM
REPRESENTATIVE COLVER pointed out that according to Ms. Meade's
testimony, the court would implement a mandatory exemption as if
it were on automatic deferral to the non-school year. He
commented regarding the question whether to change it to a
referral versus a mandatory exemption would, in effect, be the
same.
9:49:03 AM
MS. GERARD advised that the Academy Charter School has 9 out of
her 22 staff members serving on juries this year of which 7
served penal jury duty, and 2 served grand jury which affected
their classrooms.
REPRESENTATIVE VAZQUEZ asked whether they were all called to
duty in state court.
MS. GERARD answered that 7 were in Palmer and 2 served in grand
jury and believes it was all state court.
9:50:09 AM
REPRESENTATIVE SEATON questioned whether schools might negotiate
this as a condition of employment that teachers would apply for
the option to serve during the summer. He queried whether that
could potentially solve the problem rather than individuals
individually applying for exemption or deferral.
MS. GERARD asked whether he was asking whether the district
would negotiate with the teachers union to add to a negotiated
agreement.
REPRESENTATIVE SEATON replied yes.
MS. GERARD responded that it would be a large task since the
district just completed their 3-year negotiated contract and she
did not know the steps to go back and bargain. She said as a
principal she is trying to protect the classroom and did not
know how the union would look at it.
9:52:34 AM
CHAIR KELLER closed public testimony after ascertaining no one
further wished to testify.
9:52:57 AM
REPRESENTATIVE DRUMMOND expressed concern in supporting the bill
as worded "a person may claim exemption" language as the intent
of the sponsor is to keep classrooms whole and keep teachers in
their classrooms during the regular school year. She pointed
out that the "may" language does not require any teacher to
request the exemption and she is sure there are people who will
not chose to use this exemption. She suggested speaking with the
human resources directors of school districts due to all the
questions regarding negotiated contracts. She opined that the
bill should go to the House Judiciary Standing Committee and
then come back to the House Education Standing Committee as many
questions have been raised. However, she stated she supports the
intent of HB 98.
9:54:44 AM
REPRESENTATIVE VAZQUEZ remarked that she supports the intent of
this bill but wordsmithing should be involved and adding school
district employees and charter schools working in the classroom.
9:55:35 AM
REPRESENTATIVE SEATON echoed support for the intent of the bill
and suggested including uncertified teachers in private schools
such as aides and other people in contact with students. He
said he did not know how to draw that line as private and
religious schools generally are not regulated.
9:56:43 AM
CHAIR KELLER added that the impact to children would be the same
in either case.
9:56:56 AM
REPRESENTATIVE COLVER pointed out that obtaining a deferment
from a lengthy trial during the school year was offered and he
suggested looking at the tools available to keep teachers in the
classroom.
9:58:04 AM
REPRESENTATIVE SEATON surmised that the problems identified have
been people that haven't requested a deferment until and went
into jury service and then said they have a hardship to the
judge. He said he was not sure whether the problem is somewhat
created by teachers not exercising the option of deferral.
CHAIR KELLER announced that HB 98 was held.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 97.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - Sponsor Statement.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - what is FAFSA.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- FAFSA paper application.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 - APS.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- 20 U.S.C. 1090.PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 97 -- 20 U.S.C. 1082 (m)(1)(c).PDF |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| 20 AAC 16.215.PDF |
HEDC 3/2/2015 8:00:00 AM |
|
| HB97 Fiscal Noten2.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB97 Fiscal Note.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 97 |
| HB 98.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB 98 - SPONSOR STATEMENT.docx |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB098-ACS-TRC-02-26-15 Fiscal Note.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB 98 Letter of Support Academy.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |
| HB98 Letter of Support NEA.pdf |
HEDC 3/2/2015 8:00:00 AM |
HB 98 |