Legislature(1999 - 2000)
03/22/1999 01:45 PM Senate HES
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* first hearing in first committee of referral
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SB 98-TEACHER TENURE
TAPE 99-13, SIDE B
Number 538
VICE-CHAIRMAN KELLY brought SB 98 before the committee.
SENATOR LYDA GREEN, sponsor of SB 98, explained that several years
ago HB 465 was amended on the Senate floor to contain a portability
of tenure clause. The amendment relates to a teacher in one
district who is not dismissed, but either resigns or moves to
another district and within 12 months applies for a teaching job.
If hired, the new school district would have only one year to
review that teacher.
Several school districts are concerned about this provision. Some
have made mistakes with hiring, and others have found they're very
reluctant to hire a transferring teacher because there is
inadequate time for evaluation. This has led to decisions and
layoffs that would have been avoided with a longer evaluation time.
SB 98 restores the situation that existed before HB 465 and the
portability of tenure for teachers from another district.
Number 510
RICHARD BLAIR, Personnel Officer for Northwest Arctic School
District, Kotzebue, expressed the administration's support for SB
98 if it amends AS 14.20.150(d) so that tenure is not portable to
other districts.
MR. LARRY WIGET, Executive Director of Public Affairs for Anchorage
School District, explained that Ms. Ossiander had to leave and he
would present the testimony for the district. The school board
requests the Legislature amend AS 14.20.150(d) to repeal
portability of tenure. All districts need time to evaluate whether
a newly hired teacher will be a proper match for the district and
will meet specific district standards. Evaluation of past
performance becomes difficult due to the absence of a clear,
statewide teacher evaluation standard. If a teacher becomes
tenured after one year, it becomes difficult for the district to
remove poorly skilled teachers.
MS. KATHI GILLESPIE, Anchorage School Board member, described the
retirement incentive program that has caused the hiring of over a
thousand new teachers over the last two years in the Anchorage
school district. Less than 2% of those new teachers have come from
districts where they were tenured in Alaska. The board feels
portability works against applicants tenured in Alaska who wish to
move to another state district, because they should have equal
consideration with other teachers from out of state. The district
supports SB 98 which would give incentive to hire from within the
state as well as without.
Number 473
MR. CARL ROSE, Executive Director of the Association of Alaska
School Boards, spoke in favor of SB 98. He handed out a survey
relating to portable tenure of teachers applying and being hired in
Alaska. Of a total of 593 applicants surveyed, excluding the
Anchorage School District, only 70 teachers with tenure, or 11.8%,
were hired. The issue of portability of tenure works against
teachers, especially during times of teacher shortage. The
evaluation period is only about six-months, not even a full year.
MR. ROSE concluded this is a high risk proposition in hiring
qualified people.
MR. JOHN CYR, President of NEA-Alaska, stated that the association
representing about 11,000 education employees statewide does not
support SB 98. HB 465 came into effect in August 1996 and
radically changed the way teachers are evaluated, and standards for
teachers. HB 465 was the result of a series of compromises.
Statewide evaluation systems have been set up that work. Before HB
465, tenure was achieved at the beginning of the 3rd year; now it's
the beginning of the 4th year. In the past there were three real
reasons for dismissal: substantial noncompliance, immorality, or
incompetence as defined by case law. Now, we still have
noncompliance and immorality but the issue of incompetence is gone.
Dismissing a teacher, tenured or not, is now based on a much lower
standard, the "failure to meet conditions of a plan of
improvement."
NEA was not happy when these provisions came into effect, which it
views as an erosion of basic employment rights. Districts now have
3 years to evaluate a teacher, where before it was 2 years, and it
is much easier to dismiss. NEA is helping to set up evaluation
procedures, or measurable plans of improvement, in many districts,
in conjunction with the Administration. The portability of tenure
evaluation procedure has only been in place since July 1, 1997; now
less than 2 years later, the Legislature is trying to fix something
NEA doesn't perceive as a problem.
MR. CYR asked that teachers be evaluated fairly, and when needed,
placed on plans of improvement quickly, stating "Nobody wants those
teachers in classrooms any longer than necessary." The hiring
procedures are rigorous, and if districts aren't hiring tenured
teachers, he feels it has more to do with the funding in those
districts than with tenure.
SENATOR WILKEN asked how Mr. Cyr reconciles his testimony with that
of AASB which made a strong case that portability of tenure is
hurting teacher placement, not helping.
MR. CYR responded that before HB 465 was passed, you'd find nearly
the same statistics. It begs the question to say we can no longer
hire tenured teachers because there's not enough time to evaluate
them. Teachers who get hired are newly out of college. There's
been a lot of hires in urban areas because of the state-sponsored
RIP, with many new untenured hires from rural Alaska.
Number 378
SENATOR ELTON asked Mr. Cyr if he's heard from the NEA membership
that the net effect of HB 465 has been that they can't transfer
from one district to another.
MR. CYR replied, not at all. The net effect of HB 465 has been to
put in place real evaluation procedures.
SENATOR ELTON asked why an evaluation can't be done in one year.
He is bothered by extending tenure from 2 to 3 years, allowing a
bad teacher to stay longer.
MR. CYR said evaluations should be done in a timely manner, or the
teacher put on a plan of improvement. That is the primary
responsibility given to administration, and it grates on him to
hear that it takes more time to evaluate.
MR. ROSE said it's not only an issue of evaluation to get the best
teacher into the classroom, it's one of professional development.
A three year period of time is appropriate. In cases where an
employee will not make the grade it must be determined early to
stop the process. On one hand, time is a factor because the
pressure on administration is tremendous. The survey matrix shows
teachers with tenure who do not get the opportunity with only six
to nine months of evaluation to get hired in a new school district.
HB 465 was an omnibus bill that tried to address quality
performance, accountability and fairness. SB 98 recognizes that you
can regain tenure in a school district you've already worked in for
one year, where people already know you. If they rehire you, one
year is an appropriate time period. For a district that doesn't
know you, six to nine months is not enough time.
VICE-CHAIRMAN KELLY said the committee would hold SB 98 and hear
more testimony from Senator Green and others at a later meeting.
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