Legislature(2017 - 2018)BUTROVICH 205
03/14/2018 08:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB185 | |
| SCR15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 185 | TELECONFERENCED | |
| += | SCR 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 185-REEMPLOYMENT OF RETIRED TEACHERS & ADMIN
7:58:50 AM
CHAIR STEVENS announced the consideration SB 185 and noted
proposed Amendment 1.
7:59:37 AM
SENATOR COGHILL moved to adopt Amendment 1, 30-LS1414\A.1, for
SB 185.
30-LS1414\A.1
Wayne
3/13/18
A M E N D M E N T
OFFERED IN THE SENATE BY SENATOR STEVENS
TO: SB 185
Page 2, line 5, following "shall":
Insert "(1) by resolution, adopt a policy that
describes the circumstances of a shortage or anticipated
shortage of applicants, other than retired members, who are
qualified for particular positions and permits rehiring
that complies with the requirements of this section; and
(2)"
Page 2, line 12, following "to":
Insert "(1) provide the administrator with
(A) a copy of the resolution and
policy adopted under (c) of this section; and
(B) for every retired member that is
rehired, a report identifying the member by name
and describing the
(i) circumstances of the shortage
that necessitated the rehire; and
(ii) actions taken by the school
district to comply with school district
policy adopted under (c) of this section and
the requirements of this section before
rehiring the retired member; and
(2)"
Page 2, line 13:
Delete "(c) and (d)"
Insert "(c), (d), and (e)(1)"
CHAIR STEVENS objected for purposes of discussion.
TIM LAMKIN, Staff, Senator Gary Stevens, Alaska State
Legislature, presented SB 185 on behalf of the sponsor. He said
the amendment is designed to present some level of
accountability and transparency to the program while still
limiting the amount of red tape. When he studied the program in
the past, he saw concern that there could be potential misuse of
the program or creation of disincentives for active recruitment.
In terms of historical precedent, he found language in 2005 of
the local governing body, which would be the school board,
adopting a policy to help identify circumstances in which
retirees would be hired. Superintendents would hire retirees and
then report the hire to school boards. Then the school board
would pass a resolution, "Whereas we've had such and such
vacancy, we've presented evidence of actual recruitment efforts,
the vacancy remains open, we have John Doe, retiree that's
available and interested, therefore be it resolved we hire this
person for these terms, for this position, this duration, and so
forth." Copies of the resolution would be sent to the Office of
Retirement to be kept on file. No report was required but the
resolutions would be available for three years for viewing and
auditing. This amendment is an effort to allow some transparency
and accountability for the program.
8:02:16 AM
CHAIR STEVENS said the committee's concern all along has been
about adding unnecessary work to the districts or commissioner's
office. He asked Mr. Lamkin to explain what this entails in
terms of extra effort for them.
8:02:30 AM
MR. LAMKIN said because of past precedent, districts may already
have a policy on the books or archived. It should not to be too
onerous to draft this type of policy to identify and delineate
the circumstance under which they have these shortages and then
they simply keep on file who they hire under the program.
CHAIR STEVENS said then a copy would be sent to the
commissioner's office and there would be no other report
required.
MR. LAMKIN said the report would be sent to the administrator of
the TRS [Teacher Retirement System] program, in the Division of
Retirement and Benefits in the Department of Administration.
8:03:50 AM
NORM WOOTEN, Executive Director, Association of Alaska School
Boards (AASB), testified on Amendment 1. He said since he
previously testified in support of SB 185, he would speak to the
amendment. Fifty of the 53 districts in Alaska use the AASB's
model policy. AASB will work with their attorney to have a
policy to provide to the 50 school districts that subscribe to
their services. It's not particularly onerous because it is part
of their end-of-session protocol to develop policy to match new
legislation. They are not opposed to the amendment.
8:05:14 AM
DEENA BISHOP, Ph.D., Superintendent, Anchorage School District,
supported SB 185. She said the Anchorage School District (ASD)
appreciates the flexibility in a time of constrained resources.
Now is the time for innovative ways to support school districts.
She read in previous testimony that one school district
anticipated hiring five retirees under this program. That
doesn't seem like too much work, but ASD is hiring every month.
ASD has over 3,000 teachers. They have teachers who leave at
midyear because of military. When they put something at the
board level, it takes two readings. So, they are looking at over
a month for some of these provisions to move forward. She asked
if the reports are necessary only for Alaska retired teachers or
retired teachers from anywhere. The provision allowing them to
be flexible to get the best teachers they can in classrooms is
wonderful, but placing another report in hands of school
districts that are reducing their staffs yearly due to budget
constraints is difficult.
DR. BISHOP asked why the school board would need to go through
this official process. The ASD sends reports to the Department
of Education and Early Development (DEED) quite often. Adding
the administrative process and then the political process at the
board level and then turning it over to two divisions at the
state level seems to be too much work for the desired outcome.
She asked if there is another way to get the desired information
without a resolution at the board level.
8:08:39 AM
CHAIR STEVENS said it is meant to be a simple process and
reports are only for Alaska retired teachers.
8:08:58 AM
MR. LAMKIN said to clarify the amendment, the local board sets a
policy consistent with this program. Superintendents then have
the freedom to hire retirees. They come back to the board to say
they have hired these people for these positions under this
program. A copy of the resolution is sent to the Department of
Administration, Division of Retirement and Benefits, to be kept
on file.
8:10:00 AM
SENATOR HUGHES said Superintendent Bishop thinks that with their
monthly hiring they will be going to the school board on a
monthly basis. They are talking about setting the policy one
time and then the superintendent reporting the new contracts
with rehired retirees. She asked is that is to happen once a
year or every time they set up a contract.
8:10:34 AM
MR. LAMKIN said it is not intended to be limiting in any way. It
would be according to the circumstances of the respective
district, whether they have a need from one month to the next or
once a year. It wouldn't limit them to do it any particular way.
8:10:57 AM
SENATOR HUGHES asked if the Anchorage School District could
report once a year to the school board.
8:11:14 AM
MR. LAMKIN said they are not talking about hiring hundreds of
retirees every year. [Juneau] Superintendent Mark Miller said it
would be four to six teachers over the course of a school year.
Typically that is from the April to August timeframe, but that
varies district to district.
SENATOR HUGHES said she still needed a clarification. She asked
if a school board does four or five retiree hires in a year,
must they go to the school board within a certain number of days
for each hire or can they do it cumulatively at one time.
8:12:10 AM
MR. LAMKIN said that would be up to the school district.
Theoretically or ideally, it would be as they come through the
system. The amendment is silent on whether it can be done
annually, but the spirt of the amendment is that they would
report as they go.
8:12:58 AM
SENATOR BEGICH said Mr. Wooten would create a policy to make
this a rote process that might address the situation of
Anchorage and other large school districts by having a process
of a single resolution. He asked Mr. Lamkin if he is saying the
amendment is silent on the method.
MR. LAMKIN said yes.
SENATOR BEGICH said perhaps Mr. Wooten could clarify what he was
talking about in terms of policy, but that he thought Mr. Wooten
could address this in the model policy they would develop and
make it a rote process. He asked Mr. Lamkin if that seemed
correct.
8:14:02 AM
MR. LAMKIN said that is a fair clarification.
CHAIR STEVENS said that is the intention. He added that this
does not include out-of-state retired teachers hired in Alaska.
It is about teachers retired in the Alaska system.
8:14:34 AM
DR. BISHOP said the ASD board does approve their hires regularly
as they move through the year, but the reporting system to DEED
is not done monthly. Understanding that a separate resolution
wouldn't need to be done . . . Superintendent Miller [of Juneau]
said he might hire five people this way with his population.
Anchorage has ten times the population. Doing this throughout
the year for many different people with only two board meetings
a month and requiring a first and second reading tended to look
difficult to do, but understanding that the provision could be
designed for efficiencies, how the district already works in
that sort of reporting does make a lot of sense.
8:15:56 AM
CHAIR STEVENS asked how many in-state retired teacher Anchorage
hires.
8:16:05 AM
DR. BISHOP said they have quite a few 49s [hired at less than 50
percent of the normal work week], specifically for hard-to-fill
positions. They primarily hire special ed teachers at 49 to fill
gaps. They would prefer to hire long-term, full-time employees
until they can get those positions filled. She will get the
number to him. Anchorage is not looking at this to replace the
hiring of new employees. It would simply be to hire highly
qualified teachers with a track record of success in Alaska
until they find that teacher, hopefully from one of their own
universities, who can serve Alaska's children.
8:17:30 AM
CHAIR STEVENS said he would appreciate any additional
information she could provide.
DR. BISHOP said she will provide the 49 numbers to the
committee, as well as the subjects and certifications they hold.
8:17:57 AM
SENATOR BEGICH asked Mr. Wooten whether he would take into
account the questions Superintendent Bishop asked when
developing the model policy.
MR. WOOTEN said the AASB attorney works with legislative legal
and the attorney general's office to develop a policy that meets
the intent and spirit of the law. Their attorney always works to
give school districts the greatest latitude under the law.
SENATOR BEGICH said the goal of the Association of Alaska School
Boards is not to make it onerous for school districts, but to
ensure flexibility.
8:19:20 AM
MR. WOOTEN said that is correct.
8:19:26 AM
LISA SKILES PARADY, Ph.D., Executive Director, Alaska Council of
School Administrators, testified on SB 185. She said they are
always reticent to ever support additional paperwork for school
districts. As she understands this, they would do one model
policy for the hiring season to cover any potential retired
employees and then they can do one report at the end of the
year. The responsibility of school districts would be one policy
saying these are the circumstances under which they will hire
retired individuals and then one report to the Department of
Administration.
8:21:20 AM
SENATOR BEGICH said he doesn't think that's accurate. It's not a
report. Resolutions are just sent to be kept on file at the
Department of Administration.
CHAIR STEVENS said the intention is not a report. It would be
simpler than that.
8:21:48 AM
MR. LAMKIN said, again, the spirit of the resolution is
accountability and transparency. They want a local governing
board awareness when people are hired under this program and
that it be reported to the Department of Administration in the
form of a resolution, whereas we needed to fill this vacancy and
therefore we have filled it, under the board policy. Whether on
a case by case basis or annual basis is flexible, as long as it
is reported in the form of a resolution.
8:22:34 AM
SENATOR HUGHES said line 12 of the amendment about the
resolution does require a report. What she is hearing is that
the policy is on file. They report once a year or monthly all
the retired members hired. She asked if her understanding was
correct.
8:23:23 AM
MR. LAMKIN said yes.
8:23:29 AM
DR. PARADY asked for clarification with line 18, which states
"requirements of this section before rehiring the retired
member." The steps are the board passes the model policy and
then hires retired individuals. She wants to make sure they are
not required to have a report in place before hiring the retired
member. The hiring would not be delayed by needing to file a
report with the Department of Administration.
8:24:57 AM
MR. LAMKIN said when line 18 of the amendment refers to "this
section," it refers to Section 1 of the entire bill. Before
school districts rehire a retiree, it must be legal under this
program. It does not mean being able to hire under district
policy.
8:25:45 AM
At ease.
8:31:58 AM
CHAIR STEVENS removed his objection to the amendment and
entertained a motion to amend the amendment.
SENATOR BEGICH moved to amend the amendment to strike the words
"before rehiring the retired member" on line 18.
8:32:22 AM
There being no objection, the motion carried.
8:32:29 AM
There being no objection to adopt the amendment as amended, the
motion carried.
8:32:39 AM
SENATOR HUGHES said the Mat-Su School District brought up three
items. One concerns sick leave. When a member retires, unused
sick leave can be cashed out or rolled into the TRS program. The
bill talks about the districts contributing 12.56 to the TRS
system. She asked if that contribution is the only obligation
for the rehired retiree or will they have to roll over sick
leave.
8:34:11 AM
CHAIR STEVENS said his understanding is that sick leave would
not be accrued by a retired rehired teacher.
8:34:19 AM
SENATOR HUGHES said the second issue is about the 12.56
contribution to TRS for those hired at more than 49 percent. She
wants to make it clear that districts do not have to make the
12.56 contribution for teachers hired at 49 percent or less.
8:35:23 AM
CHAIR STEVENS said he would also want to clarify that tenure
does not continue to accrue.
SENATOR HUGHES said whether rehired retired teachers would have
tenure is the third issue. The concern is that new teachers
would not be bumped out of a school they want to be in if a
rehired retiree has tenure and has first dibs on a position.
Mat-Su recommends that rehired retirees not have that ability.
8:36:54 AM
MR. LAMKIN said 14.21.065 terminates tenure when teachers leave
the system. Kathy Lea can address the other questions.
8:37:35 AM
KATHY LEA, Deputy Director/Chief Pension Officer, Division of
Retirement and Benefits, Department of Administration (DOA),
answered questions on SB 185. She said that regarding sick
leave, since the member is not contributing to their own
increased benefits during the rehired period, any sick leave
accrued cannot be claimed to increase their retirement benefit.
There would be no effect on benefits if the school district
allowed or did not allow unused sick leave to accrue. The 49
question goes back to what is a part-time and full-time teacher
in TRS. Membership in TRS depends on work of at least 50 percent
of the regularly scheduled work week. A 49 percent contract is
below the requirement and these people are not eligible for TRS,
so no employer contribution would be required.
8:39:09 AM
CHAIR STEVENS asked if the issue of tenure was outside of her
responsibility.
8:39:15 AM
MS. LEA said yes.
8:39:20 AM
SENATOR HUGHES said that clarification needs to get on the
record. She asked if a district could choose to not give sick
leave to a rehired retiree and just give vacation and personal
days or are they bound to offer sick days.
8:40:01 AM
MS. LEA said she cannot respond.
8:40:14 AM
SENATOR MICCICHE said this bill does not affect negotiations. If
districts choose to negotiate sick leave into the contract, they
will.
8:40:37 AM
CHAIR STEVENS closed public testimony.
8:41:34 AM
CHAIR STEVENS entertained a motion to move SB 185 out of
committee.
SENATOR COGHILL moved SB 185 as amended with individual
recommendations and indeterminate fiscal note.
8:41:51 AM
There being no objection, CSSB 185(EDC) moved from the Senate
Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SCR 15 Fiscal Note - LAA.pdf |
SEDC 3/14/2018 8:00:00 AM |
SCR 15 |
| SB185_RetireTeacherRehire_Support Letter_SitkaSD.pdf |
SEDC 3/14/2018 8:00:00 AM |
SB 185 |
| SB185_RetireTeacherRehire_Support Letter__NWArcticSD.pdf |
SEDC 3/14/2018 8:00:00 AM |
SB 185 |