Legislature(1993 - 1994)
03/21/1994 01:15 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 84 - IMPLEMENT ALASKA 2000 RECOMMENDATIONS Number 045 REP. JIM NORDLUND offered Amendment 1, which would require by law school districts to do two evaluations on teachers per year. He noted that this is generally done by most school districts in the state, but there was testimony heard in both the Judiciary Committee and the HESS Committee that those evaluations were not being done. REP. NORDLUND said the amendment would also change the awarding of tenure from four years to three years. The fourth year being a probationary period. REP. NORDLUND went on to explain by section that: Section 6 is conforming. Section 7 (c) sets up provisions for three year tenures. Section 7 (d) sets up the two year evaluation requirement. Section 7 (g) sets up the improvement plan that would be required for probationary period in the fourth year. REP. NORDLUND also noted the provision in the amendment that states tenure would be granted after two years if no evaluation was done. Number 162 REP. NORDLUND moved Amendment 1. Number 170 REP. GAIL PHILLIPS objected and said that it is already established in regulation that school districts provide two evaluations per year for nontenure teachers and one evaluation per year for tenure teachers. She noted that in her discussions with the School Board Association and with the NEA (National Education Association), she heard of the concerns of the evaluation process but said she felt it was not the function of the legislature to tell school districts how to do there administrative business. REP. PHILLIPS went on to say the legislature could provide a letter of intent or suggestions. She reiterated her concern about circumventing the powers between the administration and the legislature. She referenced page 3, Section 8 of Amendment 1, establishing a statewide evaluation process, and said that would require an extremely high fiscal note. She urged members to vote no. Number 193 REP. JEANNETTE JAMES aired her concerns about tenure. She said that she felt the main problem was with tenure itself and thus far she had not seen anything that dealt with or resolved that issue. Number 215 REP. NORDLUND, in response to Rep. Phillips' concern, pointed out that the evaluations are in regulations but the testimony received by the committee states that the evaluations are not being done. REP. NORDLUND spoke to Rep. James' concern by saying Amendment 1 was simply a variation of Rep. Phillips' proposal and changing from a four year tenure review to a three year tenure review. Number 265 REP. PHILLIPS reiterated her concern about the legislature telling the school districts how to do business. Number 280 REP. JAMES said she did not feel that the Judiciary committee substitute (CS) nor the amendment to the CS addressed the problem of teacher evaluation and she would rather vote for the original bill. Number 302 REP. CLIFF DAVIDSON asked Rep. James if she felt HB 84 was not necessary. Number 423 REP. JAMES said she did not feel that changing tenure from two years to four years would make any difference at all and that the problem was with the term "tenure." She went on to say she felt there should be a relationship between teachers and the school district that better defines and identifies what is a good teacher. In addition, she said that she felt there needed to be an ongoing evaluation of teachers, and tenure does not provide that opportunity and therefore she was opposed to tenure. Number 449 REP. DAVIDSON commented that more is being asked of teachers in terms of service, but less is provided in terms of resources. In addition, teachers live in a very political environment, and because of this he felt that tenure was essential. Number 460 REP. JAMES commented that teachers are one of the most important employees in the state. She further noted that tenure is not working because there is no communication between parents, teachers, and school boards. REP. NORDLUND clarified that the issue at hand was Amendment 1. He further clarified the amendment by stating that changing the tenure from four years to three years would assure the evaluations will be done as well and be less of a burden on administrators. He asked SHEILA PETERSON if there is currently a evaluation training in place. Number 514 SHEILA PETERSON, Legislative Liaison, Department of Education, said there was not currently an evaluation training in place. REP. NORDLUND asked what the fiscal impact of the amendment would be. Number 535 MS. PETERSON said that anytime a department implements any kind of training it will have a significant fiscal impact. Currently the department does not have any trained professionals in the area of evaluation. Number 542 REP. NORDLUND offered an amendment to Amendment 1 to delete Section 8, removing the evaluation training provision. Number 551 REP. DAVIDSON said that in order to get to the real tenure issue a statewide evaluation process must be established. He said he would vote for the amendment to the amendment but questioned whether or not the committee was doing the right thing. He added that without a uniform way of doing evaluations, a teacher could be unfairly treated. Number 599 The amendment to the amendment to delete Section 8 from Amendment 1 passed without objection. Number 600 CHAIR PORTER said he did not intend to vote for the amendment because the issue being addressed was already set out in statute and the issue was not that evaluations were not being done but how they were being done. CHAIR PORTER also said that we live in a very diverse state and an amendment laying out specifics as in Amendment 1 would not be applicable for all communities. Number 671 A roll call vote was taken on Amendment 1. NO: Kott, Phillips, Green, James, Porter. YES: Davidson and Nordlund. Amendment 1 failed to pass. Number 702 REP. DAVIDSON offered Amendment 2, which provides that teachers receive tenure after two years, but if they are not fully tenured by the fourth year and still retained, tenure would be automatic. REP. PHILLIPS objected. A roll call vote was taken. NO: Kott, Phillips, Green, James, Porter. YES: Davidson and Nordlund. Amendment 2 failed. CHAIR PORTER announced that CSHB 84(JUD) was before the committee and asked for any further discussion. CSHB 84: "An Act relating to grants for the improvement of school performance and to teacher tenure rights; and providing for an effective date." Number 732 REP. DAVIDSON said that the contents of CSHB 84(JUD) regarding tenure were unfair in that teachers spend a great deal of time going to school to become certified and it was his contention that an additional four years to wait for tenure was too much. Number 762 REP. NORDLUND said he felt that CSHB 84(JUD) was an improvement to the HESS version, but maintained that going from two years to four years was too big a step. He added that the problem with evaluations would only be made worse by having teachers evaluated in the fourth year instead of the second year and this would be an injustice to the students as well as the teacher. REP. NORDLUND went on to say that he hoped the Finance Committee would consider the idea of the three year tenure. REP. NORDLUND said he would not maintain his objection to move the bill out. Number 782 REP. JOE GREEN said he intended to vote in favor of the current bill, but added that he had a problem with the removal of the removal provision. Number 792 CHAIR PORTER said that he would vote in favor of CSHB 84(JUD), but reluctantly. He added that it was not the job of the legislature to deal with labor/management negotiations. Number 811 REP. PHILLIPS said she was disappointed that since the governor put forth the education reform bill that the legislature has narrowed it down to two issues, one issuing grants and one extending tenure. Number 818 REP. JAMES also expressed disappointment and concurred with Rep. Phillips. Number 835 REP. PETE KOTT expressed his disappointment and echoed comments of Rep. Phillips and Chair Porter. He added that he would not support CSHB 84(JUD). Number 849 REP. DAVIDSON said he felt the bill played to politics rather than to individual's integrity. Number 860 REP. PHILLIPS motioned to move CSHB 84(JUD) with individual recommendations and attached fiscal notes. NO: Kott, Davidson. YES: Nordlund, Phillips, Green, James, Porter. CSHB 84(JUD) was passed out of committee with individual recommendations and attached fiscal notes.
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