Legislature(1993 - 1994)
02/24/1993 01:30 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR RIEGER announced SB 61 IMPLEMENT ALASKA 2000 RECOMMENDATIONS to be up for consideration. CLAUDIA DOUGLAS, NEA-AK complimented the efforts of Senator Rieger and Senator Sharp for looking at some of their concerns in terms of the evaluation process. SENATOR DUNCAN asked her if she was proposing that a school district have the option of adopting or not adopting a probationary program. She said that was correct. SENATOR DUNCAN asked if they do adopt it, did it then mean they have to follow the guidelines that are on page 2 under 1, 2, and 3? She said that was correct. SENATOR DUNCAN then asked if they adopt that program, after the second year, if the evaluations aren't acceptable, then they can extend a teacher to a third year without tenure. SENATOR RIEGER said that was correct. SENATOR DUNCAN asked what was the basis for not granting tenure? He also questioned "the district may terminate the program at any time" and what happens to a teacher who is in the middle of the process when the program is terminated. SENATOR RIEGER referred him to the last three lines of the first page which reads, "On termination of a program, the provisions of (a) of this section apply to the probationary teachers, except that a teacher in a third year of probation does not acquire tenure rights unless reemployed for the school year immediately following the three full continuous school years." SENATOR DUNCAN asked if he was correct in understanding that if the program is terminated and an individual is in the second year, he falls under the present tenure law and if the individual is in the third year, they could just not rehire them. SENATOR RIEGER said he thought that was correct. MS. DOUGLAS agreed. She said her other concern was with section (c) which says, "A school district that has a probationary teacher evaluation program may extend..." She wanted "for cause" to be inserted which would allow her to support the amendment in a stronger way. SENATOR DUNCAN said "for cause" should also be inserted on the fourth line. MS. DOUGLAS agreed. Number 564 SENATOR MILLER moved to amend amendment #5. SENATOR ELLIS objected for a point of information. SENATOR DUNCAN explained that amendment #5 basically deleted the material in the bill on the tenure provisions and sets up an evaluation procedure. This amendment does not evaluate administrators. His amendment does not have the third year provision. TAPE 93-15, SIDE B Number 577 SENATOR SALO objected and there was discussion on the phrases "for cause" and "for just cause." SENATOR DUNCAN said there has to be a reason the school district won't grant tenure. SENATOR RIEGER said he was leery of passing legislation that invites more litigation or that has language in it that requires an administrative proceeding to interpret. SENATOR SHARP said it was his intent if tenure wasn't granted, the only reason would be that there are still negative points that would not permit them to employ the teacher at the time. SENATOR SALO said according to school district people she has talked to, tenure is not a problem, at all. The part that's legitimate about this approach is the small number of people who need to be evaluated longer or more thoroughly. She suggested dealing with that small number rather than dealing with everyone. She had a problem with the words "not ready." SENATOR DUNCAN said the only reason he could see for not granting tenure would be because of well documented evaluations where performance is not acceptable or not up to standard. Number 498 SENATOR SALO asked if in Section 10, line 5 the evaluation referred to third year or first, second, and third. SENATOR RIEGER said he thought it covered first, second, and third. Number 477 CARL ROSE, Executive Director, Association of Alaska School Boards, said they desire to extend the probationary period up to four years. If you have questionable teachers who show promise, he thought another year would be very helpful and would be a positive approach. SENATOR DUNCAN suggested adding to the evaluation language sections (e) and (f), the self improvement plan in the other amendment, and training for evaluators. MR. ROSE said in their proposal they see some responsibility associated with the request for an extension. He agreed there should be something prescribed in terms of what you're going to provide for this additional year. Number 395 SENATOR SALO asked they included the option to terminate the program. SENATOR RIEGER said it seemed to make sense from what people were saying about leaving room for the program to improve. This is one approach. Number 346 SENATOR DUNCAN withdrew amendment #5. SENATOR DUNCAN then offered amendment #6, although he wasn't the author. SENATOR DUNCAN on page 1, Sec. 10, line 3, moved to insert "based on the evaluation and self improvement program, the district has determined there is cause to not grant tenure to the teacher on the basis of the two years of employment...." after "subsection and if..." and delete the rest of the sentence. SENATOR RIEGER objected for the purpose of discussion. He said he was uneasy with the word "cause" because he didn't know what it meant. SENATOR DUNCAN said he had an opinion of what "just cause" means, not "cause." "Just cause" means the employer must show the employee committed an act which warrants his discharge. The employer must have a sound basis, a reasonable ground, for his decision. He does not have reasonable ground if the assumption on which he makes his decision is incorrect. SENATOR SALO agreed with SENATOR DUNCAN that "just cause" is a higher standard than "cause." Number 269 SENATOR LEMAN asked what was the process now if someone is not granted tenure after two years? Does cause have to be shown? He thought the school district would just not accept the contract. SENATOR SALO agreed and said if the bill was written to just apply to the small number of teachers the district wonders about, the affect would probably be to prompt resignation or to be used, in a limited way, as a shaping tool. Number 220 SENATOR SHARP suggested using Senator Duncan's amendment, but adding, "and if based on the existence of continuing unsatisfactory elements in the evaluation and self improvement programs is not ready to..." Number 190 MR. ROSE said the issue really comes down to how much of an opportunity do we allow our staff to be successful. Number 166 JERRY COVEY, Commissioner of Education, said the Board established the Tenure Review Committee, because it felt they wanted the public to have more involvement. The intent is to add credibility to the process, to bring the public into the process in a way that builds confidence. SENATOR DUNCAN said he is not anxious to make any change. SENATOR SALO said she would like to see a draft amendment that included Senator Duncan's additions and Senator Sharp's comments for the next meeting.
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