02/27/1996 03:04 PM House HES

 HB 93 - TEACHER DUTY-FREE MEALTIME                                          
                                                                               
 Number 1570                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES, Prime sponsor, explained that                 
 current statute allows for duty-free mealtime for teachers.                   
 Specifically, it states "Each governing body shall allow its                  
 teachers in school facilities with four or more teachers a daily              
 duty-free mealtime of at least 30 minutes between 11:00 a.m. and              
 1:00 p.m."  She explained the Fairbanks North Star School District            
 has indicated that deleting "between 11:00 a.m. and 1:00 p.m."                
 would make it easier for them to manage the play time, etc.  It was           
 her belief this doesn't even belong in statute; it should be part             
 of the negotiation of the union agreement with the school district.           
 She commented she would elect to repeal it; however, in deference             
 to some members of the House HESS Committee who felt strongly that            
 the duty-free time should be left in statute, she had no problem              
 with that if the specified time could be deleted.                             
                                                                               
 CO-CHAIR TOOHEY asked if it would create a hardship on the people             
 who were watching the children during the lunch break.                        
                                                                               
 REPRESENTATIVE JAMES said this was to allow more flexibility in the           
 scheduling.  For example, it would allow a teacher to take a lunch            
 break after 1:00 p.m. or before 11:00 a.m.  It's not to take the              
 duty-free mealtime away, but just to allow for a greater spread of            
 time.                                                                         
                                                                               
 Number 1674                                                                   
                                                                               
 PERCY HOUTS, Superintendent of Schools, Fairbanks North Star                  
 Borough School District, testified from Fairbanks via                         
 teleconference.  He indicated they have some problems in that with            
 classes currently starting at the high schools between 7:30 and               
 2:15, the lunch time ends up at 10:30.  In some of the larger                 
 schools, they actually run three lunch shifts and as a result,                
 students and teachers are eating lunch outside that 11:00 a.m. and            
 1:00 p.m. time frame and supervision becomes difficult.  It was his           
 understanding in the past there had been an agreement with the                
 union to have the duty-free lunch at a different time.  He pointed            
 out the problem with that is there is no authority to appeal the              
 state law, regardless if there is an agreement with the agreement.            
 With the increases in population they are looking at the                      
 possibility of starting the school day at 7:00 a.m. and ending at             
 7:00 p.m.  The deletion of the specified hours would allow them the           
 leeway to meet the needs of their district.                                   
                                                                               
 CO-CHAIR BUNDE asked if the problem was with mainly secondary                 
 schools or if they were experiencing scheduling problems in the               
 elementary schools as well.                                                   
                                                                               
 MR. HOUTS said it was predominately the secondary schools.  The               
 only time problems experienced with the elementary schools is                 
 having to double shift.                                                       
                                                                               
 Number 1769                                                                   
                                                                               
 WILLIE ANDERSON, NEA-Alaska, testified in opposition to HB 93.  He            
 noted he had a letter from the Fairbanks Education Association                
 substantiating the testimony of the superintendent of the Fairbanks           
 North Star Borough School District which indicated they had been              
 able to work out their difficulties with the scheduling of the                
 duty-free lunch in their high schools.  Therefore, there is no need           
 to change a law that will affect every school in the state.  One of           
 the issues raised by the superintendent is the lack of a provision            
 in the law which allows for a variance based on his interpretation            
 of the law.  If the legislature determines the legislation is                 
 necessary, he said NEA would propose an amendment to Section 1 that           
 would insert the language "or between such other hours as the                 
 governing body and the union representing teachers in a school                
 district may specify."  That would provide for the permissive                 
 language; however, it is his belief the permissive language isn't             
 really necessary.                                                             
                                                                               
 MR. ANDERSON noted that in Anchorage there was some double shifting           
 in the late `70s or early `80s because of an asbestos problem.                
 This law was in effect at that time, and there wasn't a problem               
 accommodating that situation.  He concluded there is no reason to             
 change this law to accommodate two or three school sites where the            
 scheduling of a lunch hour which may occur at 10:30 a.m. or 1:15              
 p.m. because an agreement has been reached with the district.                 
                                                                               
 Number 1904                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG expressed concern with the first sentence             
 of the second paragraph in the February 27, 1996, letter from the             
 Fairbanks Education Association which reads "The Fairbanks                    
 Education Association has agreed with the Fairbanks North Star                
 Borough School District that in some situations, lunches outside              
 the 11:00 - 1:00 window are appropriate."  Representative Rokeberg            
 asked if that was because the union and the school district have              
 agreed to break the law.                                                      
                                                                               
 MR. ANDERSON said he interpreted the law to read that a lunch                 
 period would be between 11:00 a.m. and 1:00 p.m.  Absent some                 
 agreement other than that, it is his understanding that a law can             
 be enhanced in a union agreement.  That is an enhancement of the              
 law to meet the needs of the children in the school district.                 
                                                                               
 REPRESENTATIVE ROKEBERG said enhancement means going outside what             
 the law stipulates.                                                           
                                                                               
 MR. ANDERSON responded you can improve upon a situation, but you              
 can't diminish a situation.                                                   
                                                                               
 CO-CHAIR BUNDE noted that HB 93 would be held in the House HESS               
 Committee for another hearing.