Legislature(2015 - 2016)CAPITOL 106
03/23/2016 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB89 | |
| SJR2 | |
| HB156 | |
| HB298 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 2 | TELECONFERENCED | |
| *+ | HB 298 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 156 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
HB 298-LAYOFF OF TENURED TEACHERS
9:36:02 AM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 298, "An Act relating to school districts; and
relating to layoff plans for tenured teachers."
9:36:27 AM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature,
introduced HB 298, paraphrasing from the sponsor statement,
which read:
HB 298 provides an optional tool for school districts
to manage personnel costs through "Reductions In
Force" (RIF).
Currently, AS 14.20.177 stipulates that in order for a
district to be able to even consider a personnel
reduction plan for tenured teachers, one of two
triggers have to be met:
1. School attendance in the district has decreased; or
2. The basic need of the school district decreases by
three percent or more from the previous year.
For a number of school districts, especially the more
populous ones, this is simply a standard that cannot
be met in order to even consider the option for
personnel reductions.
HB 298 simply eliminates the student attendance or
basic need as requirement in order to proceed with the
consideration of a layoff plan.
While it is important to provide districts with
greater flexibility to manage their finances in our
new fiscal paradigm, it is also essential to provide
robust protections for Alaska's teachers so that any
RIF is not done arbitrarily or irresponsibly.
AS14.20.177 (b)-(h) provides that protection through a
very thorough process up to and including arbitration.
HB 298 does nothing to remove or weaken that process.
HB 298 is an option that allows Alaska's school
districts greater flexibility to manage expenses.
9:38:38 AM
REPRESENTATIVE SEATON asked whether there is a threshold to be
considered, regarding a decrease in student attendance.
HEATH HILYARD, Staff, Representative Cathy Tilton, Alaska State
Legislature, responded that, in accordance with AS 14.20.177, in
terms of the actual school attendance only a decrease needs to
exist. The basic needs formula carries a percentage threshold,
he pointed out.
REPRESENTATIVE SEATON noted that the intent of the proposed
legislation is to gain flexibility for laying off teachers.
MR. HILYARD concurred and said it removes the two existing
layoff triggers while retaining robust protections for tenured
teachers.
9:40:00 AM
REPRESENTATIVE COLVER asked about any support from the
districts, and underscored the importance to have input from the
trenches. Tenure is a sensitive issue, he reminded, which must
be tread lightly while gaining a full breadth of understanding
from those effected, as well as from the policy and budget
promulgators.
9:42:02 AM
REPRESENTATIVE DRUMMOND referred to the committee packet
handouts titled, "District Enrollment by Grade as of October 1,
2015, FY 2016" and "District Enrollment by Grade as of October
1, 2014, FY 2015, compiled by the Department of Education &
Early Development (EED), to note that there doesn't appear to be
an existing urgency. The numbers indicate that enrollment has
increased, she pointed out, and questioned the grounds for the
bill.
9:43:31 AM
REPRESENTATIVE TILTON deferred.
9:43:45 AM
REPRESENTATIVE SEATON noted that the proposed legislation allows
for reduction in tenured staff, and asked whether it allows for
the retention of non-tenured teachers, at the same time.
MR. HILYARD responded that the bill is silent on the question of
non-tenured teachers.
9:44:41 AM
REPRESENTATIVE SEATON noted that at some point he will be
declaring a conflict of interest, as a parent and in-law of non-
tenured teachers.
9:45:34 AM
DEENA PARAMO, PhD, Superintendent, Matsu-Borough School District
(MBSD), stated support for HB 298, paraphrasing from a prepared
statement, which read:
I am speaking to you today on behalf of the Mat-Su
School District to express support for HB 298.
Even though Mat-Su is a rapidly growing District, we
continue to be faced with some difficult realities
that these times of limited resources present. We are
a growing District and have not experienced a
reduction in the component of the funding formula
known as basic need. Without having these two
triggers, we are unable to reduce the tenured
workforce, no matter how large our deficit becomes or
what programs we determine should not continue. For us
this has created two realities. We have been forced to
place tenured teachers in positions for which they
were not qualified to comply with the current law and
we are limited when exploring innovative and
specialized programs as we may be required to retain
an individual beyond the existence of the educational
need. The proposed changes to AS 14.20.177 recognize
that there are scenarios where a reduction in the
number of tenured teachers may be necessary beyond the
narrow scope currently in law.
Let me be clear, Mat-Su values highly its talented
workforce. We pride ourselves on offering a top notch
education. However, fiscal realities require that we
at times make difficult choices. We have no intention
or desire to reduce the number of tenured teachers in
our district without careful and deliberate
consideration and even then only when necessary. We
support the proposed bill not because we hope to issue
notices of layoff, but because we appreciate the
ability to consider the needs of the students in our
district and the educational offerings we provide, not
just the tenure status of teachers.
Our current budget, which is based on the assumption
that the Base Student Allocation is increased by $50
and that our contributions to PERS/TRS remain
unchanged, would not require us the issue notices of
layoff to tenured teachers. However, as both the State
and our local Borough have not yet finalized the
funding allocation, we are prepared for a multitude of
scenarios. Realistically, I expect that this would
affect Mat-Su as early as next year, but only on a
limited scale.
9:49:45 AM
REPRESENTATIVE SEATON referred to the bill, page 1, lines 13-15,
which read as follows:
APPLICABILITY. AS 14.20.177(a), as amended by sec. 1
of this Act, applies to a contract or collective
bargaining agreement entered into on or after the
effective date of this Act.
REPRESENTATIVE SEATON asked about the application of this
language to tenured versus non-tenured teachers.
DR. PARAMO said the intention is to work with the collective
bargaining agreements (CBAs) and align the language, following
the effective date of the bill.
9:51:00 AM
REPRESENTATIVE COLVER noted that MBSD is facing a $9 million
shortfall, and asked what other measures, outside of tenured
staff layoffs, are being considered for controlling costs, such
as freezing pay step increases or adjusting health care costs.
DR. PARAMO explained that the district has previously taken
action to reduce health care costs, and said the district's
intent is to direct revenue to the classroom. She said more
changes will be evident in the FY 18 negotiations. A
comprehensive secondary school program is important and programs
vary between high schools. The secondary schools are more
costly, due to the type of services necessary to prepare
students for college and technical careers. The district has
established a resource sharing program allowing students to
attend the high school which best suits their interests and
goals. Some students may attend three different schools in a
given year to benefit from the resources and services offered.
An example are the welding programs, that are offered at only
four high schools, as the transportation costs for students are
less than the cost of offering welding in every school.
Further, space is being optimized in every facility and private
industry is being cultivated to provide programs. She
emphasized the need to cultivate the best instructors and
programs, which means allowing districts the ability to change
the status quo of staff, as necessary. Districts that are
seeing a decrease in enrollment, have the ability to layoff
tenured teachers; however, due to the growth in the MBSD tenured
teachers must be retained, regardless of what the identified
needs are for the district.
9:57:56 AM
NORM WOOTEN, Director, Association of Alaska School Boards,
stated support for HB 298 paraphrasing from a prepared
statement, which read as follows [original punctuation
provided]:
I am speaking today in favor of HB 298. We in the
Association have tremendous support for our teachers.
Research clearly shows that the most important factor
in a student's success is good instruction delivered
by a teacher.
Having said that we find ourselves in increasingly
difficult times and which will likely get worse. As
our states financial situation worsens we will need
all the "tools" you can give us.
We need the ability to keep the "right" teachers in
front of students. This would be the first step in
getting to that ability
Our responsibility is to deliver the best instruction
possible to every student.
Thank you for your time today. I encourage you to
pass this legislation out of committee.
9:59:05 AM
KAREN GABORIK, Superintendent, Fairbanks School District, stated
support for HB 298, agreeing with Dr. Paramo's testimony. It
will assist in the decision making process, especially in
situations that effect tenured teachers. The effective date in
Sec. 2 presents a problem, she opined and recommended it be
amended.
10:01:23 AM
LISA SKYLES PARADY, Executive Director, Alaska Council of School
Administrators (ACSA), stated support for HB 298, and said the
bill arose from a list of items that would provide non-monetary
support to school districts in a time of budgetary constraints.
The list was generated through a joint effort of members from
the Alaska Association of School Boards (AASB) and the Alaska
Superintendents Association (ASA). The bill seeks to eliminate
the narrow triggers currently allowed for teacher layoffs, which
leaves the districts with a functional inability to staff as
appropriately as possible. Certainly, tenured teachers are
highly valued, she said, and the bill does not change the robust
process of preferring and protecting seniority. The bill would
provide an important tool for districts at these difficult
times, and she provided a theoretical situation: A district
decides to save money by closing a program, but it is unable to
reduce staff of the tenured teacher carrying the terminated
class. Although the teacher is not qualified to teach any other
district offered curriculum the district must resort to
transferring the tenured teacher into a position for which they
are not qualified or effective. In the end, with the limited
triggering, currently in statute, a negative impact results.
She assured the committee that the layoff plan will be protected
and have public accountability given the requirement for the
local board review. Finally, the ACSA concurs with
Superintendent Gaborik's recommendation to delete the Sec. 2
effective date, as unnecessary language.
10:05:19 AM
DR. MARTIN MILLER, Superintendent, Juneau School District,
stated support for HB 298, and said the only means to continue
to meet budgetary constraints is through reduction in the work
force. Costs increase each year primarily based on the step
increases, which are an attraction for new teachers; however,
with a static income and rising costs, measures must be taken,
he opined. At the second level the specialized programs are the
biggest challenge due to the specialty of the course work
involved.
CHAIR KELLER announced HB 298 as held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB298 Fiscal Note.pdf |
HEDC 3/23/2016 8:00:00 AM HEDC 4/1/2016 8:00:00 AM |
HB 298 |
| CS HB156 Sponsor Statment.pdf |
HEDC 3/23/2016 8:00:00 AM |
HB 156 |