Legislature(2001 - 2002)

04/25/2001 09:11 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     SPONSOR SUBSTITUTE FOR SENATE BILL NO. 149                                                                                 
     "An  Act relating  to employment  incentives  for teachers  and                                                            
     health care providers,  to reemployment of retired teachers, to                                                            
     loans  to and  loan forgiveness  for teachers  and health  care                                                            
     providers,  to awards  to teachers,  to  eligibility for  major                                                            
     medical insurance  coverage for beneficiaries  of the teachers'                                                            
     retirement  system, and to teacher certificates;  and providing                                                            
     for an effective date."                                                                                                    
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator  Leman  presented  the  legislation   relating  to  a  topic                                                            
discussed by the  Committee about finding incentives  to improve the                                                            
opportunity  for hiring  and rehiring  teachers held  at an  earlier                                                            
meeting.  He noted when he  first introduced  this bill it  included                                                            
health  care providers.  However,  he  said it  was  decided in  the                                                            
Senate Health, Education  and Social Services Committee to limit the                                                            
scope to teachers,  as well as deleting language that  produced high                                                            
fiscal notes.                                                                                                                   
                                                                                                                                
Senator Leman  stressed the need for proactive measures  required to                                                            
obtain teachers.                                                                                                                
                                                                                                                                
AT EASE 9:30 AM / 9:32 AM                                                                                                       
                                                                                                                                
Senator Leman  continued with his presentation noting  that the bill                                                            
now targets three items.                                                                                                        
                                                                                                                                
PAUL ROETMAN,  staff  to Senator  Leman detailed  the three  primary                                                            
elements  of the committee  substitute. He  listed the first  as the                                                            
recognition of credentials  for out of state teachers, the second as                                                            
an incentive for employment  of retired teachers through an election                                                            
option,  and  the  third as  improvement  of  medical  coverage  for                                                            
current teachers.                                                                                                               
                                                                                                                                
Mr. Roetman addressed incentives  for out of state teachers as shown                                                            
in Sections  1 and  2 of the  committee substitute.  He stated  this                                                            
steam lines the process  by offering an Alaskan preliminary teaching                                                            
certificate  to an applicant with  a valid teaching credential  from                                                            
any  state, as  well  as clearance  through  a  criminal  background                                                            
check. He  noted that  the preliminary  teaching certificate  holder                                                            
would have to pass the  existing competency exam within one year and                                                            
complete  Alaska  studies  within   three  years  of  receiving  the                                                            
certificate. He said these  preliminary certificates could be issued                                                            
for special  education and  other specialties  as well. He  remarked                                                            
this procedure  would make it easier for teachers  to move to Alaska                                                            
and  quickly gain  employment.  He informed  that  a teacher,  while                                                            
employed  under  the  preliminary  teaching  certificate,  does  not                                                            
qualify for tenure.                                                                                                             
                                                                                                                                
Mr.  Roetman  next  spoke  to  the  impact  of  the  legislation  on                                                            
reemployment of  retired teachers as described in  Sections 3, 4 and                                                            
6. He explained the stipulations  under which a school could declare                                                            
a teacher shortage and  subsequently hire a retired employee covered                                                            
by the Teachers Retirement  System (TRS). He detailed that a retired                                                            
TRS employee  could  elect to  continuation of  retirement  benefits                                                            
upon re-employment  as  a teacher.  He noted  additional  retirement                                                            
benefits would  not accrue and that the employee would  receive only                                                            
a salary.  He  qualified this re-employment option  is not available                                                            
for teachers,  administrators  or principals  who retired under  the                                                            
Retired  Incentive  Plan (RIP)  early  retirement program.  He  also                                                            
pointed out tenure could not be accrued by participants.                                                                        
                                                                                                                                
Mr. Roetman  stated  that an  annual report  to  the legislature  is                                                            
required under  this legislation to  allow monitoring of  the impact                                                            
of the re-employment  of retired teachers on the retirement  program                                                            
itself.  In  addition,  he noted,  the  retirement  portion  of  the                                                            
legislation has a three-year  sunset clause in the event the teacher                                                            
shortage situation changes.                                                                                                     
                                                                                                                                
Mr.  Roetman listed  the third  element  of the  legislation,  which                                                            
increases  medical benefits  to 100 percent  coverage for a  teacher                                                            
who worked  25 years  rather than  20 years. He  stated current  law                                                            
provides  for medical benefits  on an age-determined  basis  only; a                                                            
TRS member  must  be 65 years  of age  or older  to begin  receiving                                                            
coverage.   He  commented  the  intent   of  this  portion   of  the                                                            
legislation  is  to increase  retention  of  teachers  by  providing                                                            
additional medical benefits available at an earlier age.                                                                        
                                                                                                                                
Senator  Hoffman  asked  if  there  are  incentives   for  part-time                                                            
teachers to help cover the teacher shortages.                                                                                   
                                                                                                                                
Mr. Roetman  replied  the incentives  are for  full time  employment                                                            
only.                                                                                                                           
                                                                                                                                
Senator Green  asked the same question and Mr. Roetman  affirmed his                                                            
answer.                                                                                                                         
                                                                                                                                
AT EASE 9:37 AM / 9:39 AM                                                                                                       
                                                                                                                                
Mr.  Roetman  corrected   his  earlier  testimony   and  stated  the                                                            
retirement  re-employment incentive  extends to retirees  who accept                                                            
part time teaching employment as well as full time employment.                                                                  
                                                                                                                                
MELISSA  HILL,  Alaska  Teacher  Placement  Program,  testified  via                                                            
teleconference  from Oklahoma,  that  the Program  is "on the  front                                                            
lines of  recruiting". She  told how the Program  works with  the 53                                                            
school  districts   in  the  state  as  well  as  teachers   seeking                                                            
information   regarding  employment   in   Alaska.  Therefore,   she                                                            
surmised,  the  Program has  a  unique perspective  on  the  teacher                                                            
shortage both instate and nationally.                                                                                           
                                                                                                                                
Ms. Hill listed several facts as follows.                                                                                       
                                                                                                                                
     Over the previous five years, there has been a decline                                                                     
     nationally of students pursuing careers in education.                                                                      
                                                                                                                                
     Many states, upon realizing this, began proactive approaches                                                               
     and raised teacher salaries.                                                                                               
                                                                                                                                
     Those states that  did not take these measures and are now in a                                                            
     reactive  phase, have  adopted measures  that include,  but are                                                            
     not limited  to, hiring incentives  - some as high as  $10,000,                                                            
     housing allowances,  loan forgiveness programs  and alternative                                                            
     certification procedures.                                                                                                  
                                                                                                                                
Ms. Hill encouraged  the Committee to consider all  three components                                                            
of  this  legislation,  asserting  they  are  only  a  small  effort                                                            
compared to other states' activities.                                                                                           
                                                                                                                                
Ms. Hill  remarked  the preliminary  certification  of out of  state                                                            
teachers is the program's  highest priority, and would assist in the                                                            
certification process for both school districts and educators.                                                                  
                                                                                                                                
Ms. Hill expressed  that the employment of retired  teachers "brings                                                            
experience and mentors into the classroom."                                                                                     
                                                                                                                                
Ms. Hill stated  the increase in medical  benefits is "just  a small                                                            
component"  compared to the  efforts of other  states. She  stressed                                                            
that any incentives would be helpful.                                                                                           
                                                                                                                                
Ms.  Hill  told the  Committee  she  was  attending  a job  fair  in                                                            
Oklahoma with  representatives from 11 Alaska School  Districts. She                                                            
said that the  districts in urban  areas, such as Anchorage  and the                                                            
Kenai Peninsula  are conducting some  interviews. However,  she said                                                            
the rural school  districts were having a difficult  time recruiting                                                            
for the  up to 30 vacant  positions in their  districts. She  warned                                                            
that the  teacher shortage  would get worse  before it improves  and                                                            
stressed the need to certify  and hire qualified teachers in Alaska.                                                            
To not  do so, she  cautioned, would  not give  "justice to  Alaskan                                                            
children."                                                                                                                      
                                                                                                                                
DEBBIE OSSIANDER,  Legislative  Chair and  Member, Anchorage  School                                                            
Board testified  in Juneau in support of the legislation.  She spoke                                                            
of  "acute shortage  areas"  within  the Anchorage  School  District                                                            
(ASD)  that  extended  beyond  teachers  to  special  education  and                                                            
related  services,  librarians, foreign  language  teacher  experts,                                                            
math and  science teachers  and music specialists.  She stated  that                                                            
the district  has had to  contract with private  firms, at  a higher                                                            
cost, to provide some special education services.                                                                               
                                                                                                                                
Ms. Ossiander  told of requests to  the Department of Education  and                                                            
Early  Development  for  flexibility   in  accepting  out  of  state                                                            
teaching certificates for provisional certification in Alaska.                                                                  
                                                                                                                                
Ms.  Ossiander  stated  the problems  associated  with  the  current                                                            
process of issuing the waivers for special education teachers.                                                                  
                                                                                                                                
Ms. Ossiander  expressed the high priority the ASD  Board has placed                                                            
on establishing  a  system to re-employ  retired  TRS teachers.  She                                                            
informed  of  the  high  standards  required  to  obtain  an  Alaska                                                            
teaching  certificate  and  because  of  this, the  length  of  time                                                            
involved in meeting the requirements.                                                                                           
                                                                                                                                
Ms. Ossiander said the  increased medical benefits opportunity would                                                            
provide an incentive the  ASD could offer retired teachers to return                                                            
to work.                                                                                                                        
                                                                                                                                
Co-Chair Kelly asked Ms. Ossiander's professional credentials.                                                                  
                                                                                                                                
Ms. Ossiander  replied she is a certified respiratory  therapist who                                                            
has  become  "a  quasi  education  specialist"   over  her  ten-year                                                            
involvement with the school board.                                                                                              
                                                                                                                                
Co-Chair   Kelly    referenced   SB   86,   regarding   alternative                                                             
certification and recalled  previous Committee discussions about the                                                            
fear  that   communities  would  opt   for  retired  teachers   over                                                            
alternative certification  of professionals in other fields entering                                                            
teaching with a preliminary teachers certificate.                                                                               
                                                                                                                                
Co-Chair  Kelly  gave Senator  Leman  as an  example  of a  Stanford                                                            
University  educated  engineer,  with  14 years  experience  in  the                                                            
legislature  "explaining  things to  people" and  who is willing  to                                                            
teach.  Co-Chair  Kelly  wanted  to  know  if  a  recently  educated                                                            
certified teacher would get preference.                                                                                         
                                                                                                                                
Ms. Ossiander  expressed she supported  SB 86, giving an  example of                                                            
foreign  language immersion  programs  and the  opportunity to  have                                                            
certificated  teachers  fluent  in  such  languages.  She  requested                                                            
school  districts  be  given  flexibility   to  obtain  and  certify                                                            
available  specialists.  She  predicted  the  districts  would  find                                                            
highly qualified professionals  in their field to offer higher-level                                                            
education of math, music and other subjects.                                                                                    
                                                                                                                                
Co-Chair  Kelly appreciated  Ms. Ossiander  was  not a professional                                                             
educator,  citing  the need  for community  member  involvement.  He                                                            
commented that retired  teachers were easy to rehire but that school                                                            
districts  should   also  think  about  hiring  professionals   with                                                            
expertise  in their field.  He stated  that SB 86  is an attempt  to                                                            
"think outside  of the box"  and SB 149  offers a "more utilitarian                                                             
answer  to a pressing  problem"  that still  allows for alternative                                                             
solutions to the teacher shortage.                                                                                              
                                                                                                                                
Ms. Ossiander  qualified she is not directly involved  in individual                                                            
hiring  decisions, but  said  she would  convey to  the other  board                                                            
members the importance  of having a teacher in the  classroom who is                                                            
"extremely  capable  and  qualified  in  the  subject  that  they're                                                            
teaching."                                                                                                                      
                                                                                                                                
Senator Hoffman  assessed this legislation  as helpful in  solving a                                                            
short-term problem. However,  he cited lowered attendance at teacher                                                            
job  fairs since  1997  and asked  the  witness for  suggestions  in                                                            
addressing the long-term problem.                                                                                               
                                                                                                                                
Ms.  Ossiander  replied,  "I  think  that there  is  no  one  simple                                                            
answer," as evident  by the different legislation  pertaining to the                                                            
issue. She  expressed she is encouraged  by the increased  per pupil                                                            
allocation in  the foundation funding formula as it  would allow the                                                            
district to hire and maintain qualified teachers.                                                                               
                                                                                                                                
AT EASE 9:54 AM / 9:59 AM                                                                                                       
                                                                                                                                
Senator  Green  recalled  concerns  about  the  rehire  of  a  state                                                            
employee,  including a legislator,  and  the possible complications                                                             
associated with participation in another retirement package.                                                                    
                                                                                                                                
ALISON  ELGEE, Deputy  Commissioner,  Department  of Administration                                                             
explained  that  currently  a retired  Public  Employees  Retirement                                                            
System (PERS) member who  takes a job as a teacher, or a retired TRS                                                            
member  who takes  a  job in  a PERS  position,  would  not have  to                                                            
suspend  receipt  of retirement  benefits  since  that  employee  is                                                            
entering   different  retirement   plan.  However   she  noted   the                                                            
certification requirements  necessary to obtain a teaching position.                                                            
                                                                                                                                
Ms. Elgee suggested if  the intent is to allow a retired PERS member                                                            
to become a  teacher, clarification  language should be inserted  in                                                            
the  legislation   to  stipulate  whether  that  employee,   with  a                                                            
preliminary  certification, is to  be covered by TRS or continue  to                                                            
be eligible  to receive PERS retirement  payments. She noted  that a                                                            
public  employee   must  be  covered   under  a  benefit   plan  and                                                            
recommended PERS as a default in these instances.                                                                               
                                                                                                                                
Co-Chair  Kelly asked  if at  the point  the teacher  becomes  fully                                                            
certified, the employee is then covered under TRS.                                                                              
                                                                                                                                
Ms. Elgee affirmed  TRS is the appropriate system  for a teacher who                                                            
has fulfilled all requirements for becoming fully certified.                                                                    
                                                                                                                                
Senator Green  shared a conversation she overheard  about the desire                                                            
to  hire retired  PERS  members as  teachers  at the  University  of                                                            
Alaska. She asked what system the university participates in.                                                                   
                                                                                                                                
Ms. Elgee  listed  classified staff  as PERS  members and  certified                                                            
staff  as  TRS  members.  She  noted  there   is  also  an  optional                                                            
retirement plan available to teachers.                                                                                          
                                                                                                                                
Co-Chair  Kelly understood  the Department  of  Education and  Early                                                            
Development might have contradictory information on the subject.                                                                
                                                                                                                                
BRUCE  JOHNSON,  Deputy Commissioner  of  Education,  Department  of                                                            
Education and  Early Development stated a determination  made during                                                            
the creation of SB 36,  from the Twentieth Alaska State Legislature,                                                            
specified that  a "subject matter  specialist" would have  a teacher                                                            
certificate.  He cited  language from  that legislation,  "A  person                                                            
employed  as a  subject  matter expert  teacher  … is  considered  a                                                            
certificate employee" for purposes of TRS.                                                                                      
                                                                                                                                
Senator Green  assured she was not attempting to "muddy  the waters"                                                            
on either  SB  86 or  SB 149,  but pointed  out this  was a  problem                                                            
presented and that the  manner of transferring from PERS to TRS, for                                                            
both school districts  and the university, should  be clarified. She                                                            
assumed there were provisions  allowing a retired PERS or TRS member                                                            
to instruct at the University of Alaska on a part time basis.                                                                   
                                                                                                                                
Ms.  Elgee affirmed  a  public employee  could  work  in a  separate                                                            
field, as long  as the new position is eligible to  participate in a                                                            
retirement system different  than the one the employee retired from.                                                            
                                                                                                                                
Senator  Hoffman asked  if the  employee  would have  to "start  all                                                            
over" to become vested in the new retirement program.                                                                           
                                                                                                                                
Ms.  Elgee   answered  that  is  correct   and  noted  the   vesting                                                            
requirement for TRS is eight years.                                                                                             
                                                                                                                                
Mr. Johnson  testified the  "department has  been excited about  the                                                            
concepts" presented,  and judges SB 149 to be good  legislation that                                                            
would  provide  "additional  tools"  to ensure  the  most  qualified                                                            
individuals  are employed as teachers  in Alaska. He reaffirmed  the                                                            
situation is acute,  that job fairs are attracting  fewer applicants                                                            
and that Alaskans could be recruited as teachers.                                                                               
                                                                                                                                
Mr. Johnson  added the  department's support  for the acceptance  of                                                            
teacher   certificates    from   other   states   for   preliminary                                                             
certification.  He expressed, "That makes good sense  and eliminates                                                            
tremendous barriers that we've had up to this point in time."                                                                   
                                                                                                                                
Mr. Johnson noted  the Alaska State Board of Education  had recently                                                            
adopted preliminary certification  regulations similar to the intent                                                            
of the bill.                                                                                                                    
                                                                                                                                
Senator Green  asked if an employee retired under  PERS, who becomes                                                            
a teacher,  could elect to  not participate  in TERS. She  predicted                                                            
this could save the school districts money.                                                                                     
                                                                                                                                
Ms. Elgee  responded that  currently a full  time employee  does not                                                            
have the election  to not participate  in the applicable  retirement                                                            
system.  She noted  that  the re-hire  provisions  in  the bill  for                                                            
retired TRS members do  give the option to not participate, but that                                                            
retired PERS  members would  be required to  participate in  the TRS                                                            
program.                                                                                                                        
                                                                                                                                
Co-Chair  Kelly pointed  out  that by  requiring  these teachers  to                                                            
participate, they are actually  contributing to the retirement fund.                                                            
He stated this is a long-term advantage of the fund.                                                                            
                                                                                                                                
Senator  Leman offered  a motion to  move SS SB  149 from  Committee                                                            
with  accompanying Department  of  Education and  Early Development                                                             
zero  fiscal   note  and   fiscal  note   from  the  Department   of                                                            
Administration for $50,000.                                                                                                     
                                                                                                                                
                                                                                                                                
SFC 01 # 85, Side B 10:13 AM                                                                                                    
                                                                                                                                
                                                                                                                                
There was no objection and the bill MOVED from Committee.                                                                       
                                                                                                                                

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