HB 98-JURY DUTY EXEMPTION FOR TEACHERS  8:53:54 AM REPRESENTATIVE COLVER said HB 98 exempts teachers from jury duty during the school year. He said he wants to keep teachers in the classroom and improve student learning. There have been cases where a class needs a long-term substitute, and both teachers are paid. It impacts the continuity of the learning plan, and it is difficult for a teacher to come back into the classroom after a long absence. Teachers will be evaluated based on student performance, so anything that impacts student learning reflects back on the teacher. Alaska should want our teachers to be teaching, and "we are all focused on student learning and results and I think we could get the best results by allowing teachers … to opt out of a long jury trial," which could be made up in the summer season. 8:56:19 AM DAVID SCOTT, Staff, to Representative Colver, Alaska State Legislature, He noted that there is a current exemption in law for teachers, but it only applies teachers in underperforming schools. He said Section 2 of HB 98 refers to the court rule amendment requirement, which is a two-thirds majority. The committee should consider the two competing constitutional provisions of the right to a jury and the policy for establishing schools, he explained. 8:58:29 AM REPRESENTATIVE SEATON asked how many teachers this would impact. 8:58:55 AM MR. SCOTT said he did not know, and he added that some legislators think HB 98 is too broad. One suggestion is an opt- out provision, should a teacher want to serve when called. Another option would be to have judges decide that teachers can be excused when faced with a potentially long trial, he said. 9:00:04 AM CHAIR KELLER asked if judges already have that discretion and if there are other legislative exemptions for certain professions. MR. SCOTT offered that in the early history of the state some may existed, and it gets to be a slippery slope of adding other exemptions, so the legislature decided to remove the exemptions. The exemptions for teachers started in 2004, and that is when the No Child Left Behind Act [was enacted], he said. 9:02:22 AM REPRESENTATIVE VAZQUEZ said teachers have summer vacations. She has personally asked for a rescheduling of her jury duty so that it does not interfere her job, she explained. CHAIR KELLER said he does not want to move the bill today. Every legislator needs to understand its constitutional ramifications. 9:03:36 AM REPRESENTATIVE COLVER highlighted the zero fiscal note. 9:04:04 AM NANCY MEADE, General Council, Alaska Court System, said the existing exemption allows teachers from low-performing schools to serve if they wish. Judges have the discretion to exempt or defer jurors who express a hardship, she clarified. The jury summons includes questions to determine a person's eligibility to serve, as well as an option to request serving at a later date. The courts are extremely lenient, she stated. She said she looked at the exemption rates for teachers from low-performing schools, but most courts do not require potential jurors to state a reason for a deferral. For the courts that require a reason, she found that teacher exemptions are not "terribly common." People are entitled to a jury of peers, and excluding a group changes the overall jury pool, especially in a small community. When one category or profession is exempt, it creates an increase in the jury burden on other citizens, she noted. Jury service can be inconvenient and the courts try to work with people, but by excluding one group, another group, such as fishermen, might express the same desire. She gave examples of small business owners and daycare providers. Finally, there used to be a number of exemptions in statute, including attorneys, judges, priests, minister, teachers, doctors, dentists, and certain civil officers, and with the thought that the burden ought to be equally shared, those were repealed. 9:08:34 AM REPRESENTATIVE SEATON said the jury pool would not be mandated to be smaller; it would be optional for teachers. How many teachers from low-performing schools actually serve during a school year? MS. MEADE said she only has anecdotes, and teachers in some communities use the exemption, and others are pleased to be able to serve outside of the summer months. The court uses the PFD [Permanent Fund Dividend] application as its jury list, and then it is all randomized, she added REPRESENTATIVE SEATON noted that the current law provides an exemption only from the school year, and the teacher would be in the pool for the summer months. MS. MEADE said the exemption is just during the school term, so it really is a deferral until the summer. 9:11:01 AM CHAIR KELLER opened public testimony. He commented that jury duty is a privilege and responsibility. Alaska has a common law system, and trial by jury is important. Voting can be inconvenient, he offered. 9:12:13 AM DAVID NEES, said he opposed HB 98, and he noted an earlier conversation when five of the eleven teachers from the lower Yukon-Kuskokwim school district were called to jury duty. He said he is opposed to the bill, because Alaska is the only state that made an exemption in response to NCLB. About six states allow a deferral for primary teachers and for the primary caregiver, but most do not make a categorical exemption, he stated. He said he taught for 28 years, got called to jury duty only once, and the judge allowed him to defer service until the summer months. Teachers are important as role models, and if they do not serve because they are important, then a medical person may seem to not be important, he stated. He said he included testimony from 2004, and he asked what the next group will be who claims to be important. If this is just about saving money, that is another argument, he concluded. 9:14:54 AM BARBARA GERARD, Principal, Academy Charter School, said her responsibility is to ensure her students have the best instruction every single day of their school year. That means having good teachers who know their curriculum and how to teach it, and who are bonded with the students. It is an uphill battle when it comes to jury duty; last year 7 out of her 22 certified staff served on jury duty, and this year, 9 have served already. It is costly to pay for substitute teachers, it is unfair to the teachers who are accountable to their students' learning, and, most importantly, it is unfair to students. Students have only one year for each grade, and when the teachers are away, their opportunity to learn the material from a master teacher is gone, she stated. Please support HB 98 and keep our teachers in the classroom. 9:16:54 AM REPRESENTATIVE SEATON asked if a deferral would be as effective as an exemption. MS. GERARD said she supports any language that protects the school season. 9:17:50 AM KATHERINE GARDNER, Human Resources Director, Matanuska-Susitna Borough School District, said she supports HB 98, and she noted that last year, the Matanuska-Susitna Borough School District had 1,412 hours with teachers out of the classroom, and, this year, it will be 976 hours specifically for jury duty. Highly effective teachers have the greatest impact on student learning, she said, and HB 98 will allow them to stay on staff. When teachers are gone for lengthy jury service, it really disrupts the learning environment, and that is her greatest concern, she stated. CHAIR KELLER asked if any teachers want to keep the right to serve on a jury. SEAN REILLY, Teacher, said he teaches seventh grade and supports HB 98, but he believes people should be judged by a jury of their peers. Teachers should serve jury duty; however, this law would provide leniency for when they serve. Teachers have free time in the summer, and, by serving in that season, schools would not suffer the huge economic loss from paying substitute teachers. He stated that it is very difficult for a substitute to continue with curricula, and teachers are evaluated on how well students are advancing. He suggested that "postpone" could replace "exempt" in HB 98. 9:24:54 AM STACY MOLINA, Teacher, said she supports HB 98 and she agrees with what has been said. She said she was summoned for jury duty in January and was very willing to serve and she shared her experience with her classroom. However, later in January she was impaneled to a jury that was scheduled to last into March, and she expressed concerns about being out of her classroom, and the court clerk assured her that she would be excused, but the judge made it very clear that she does not excuse teachers. The judge said there were ample substitutes in the district, and union contracts protected her paycheck. The judge would not listen to the academic impact that would fall upon her students, she stated. Ultimately, she said, she was excused from the duty because she had airplane tickets and travel plans. She noted that her professional evaluation would have been impacted by her absence. 9:27:54 AM REPRESENTATIVE SEATON asked if she will ask for a deferral the next time she receives a jury notice. MS. MOLINA answered yes, and she pointed out that teachers only have July to serve, because the beginning and end of the school year are detrimental times to serve. She said that she did not ask for a July deferral, because the court had said that very little is done in July, and the courts are hesitant to give deferrals at that time because everybody asks for the same period of time. She said that many trials are not held in July, because people like to go fishing then, including judges. 9:29:28 AM CHAIR KELLER repeated his question about some teachers wanting to serve on a jury. KATHERINE GARDNER said some teachers may choose not to take advantage of the deferral, because of their summer plans or other reasons. The greatest concern is the lengthy trials, and she does not know if that can be written into the law. 9:31:09 AM POSIE BOGGS, Literacy Volunteer, stated her support of HB 98, giving teachers the ability to postpone jury duty. Dr. Nancy Mather is a co-author of the Woodcock-Johnson [Diagnostic Reading] Battery, which diagnoses literacy in children, she said. Dr. Mather attributes low literacy to teachers not having enough time to teach reading. She stated that not every teacher is fantastic at teaching reading, but we have to make sure that our children receive many intensive hours in reading instruction, especially if they struggle. 9:33:21 AM DAVID BOYLE, said HB 98 should also include those who teach in private and religious schools. 9:34:40 AM REPRESENTATIVE KREISS-TOMKINS referred to Ms. Gerard's testimony and said it appears that the ratio was very high and disproportionate for teachers in the Academy Charter School. MS. MEADE replied that jury service is random, and she has no explanation for that high proportion, but the larger the population base, the less often people are called for service. REPRESENTATIVE KREISS-TOMKINS noted that since it is random, one might conclude that 45 percent of Palmer residents were also solicited to be on the jury. MS. MEADE said 45 percent of the eligible residents in Palmer in a year seems high. 9:36:31 AM REPRESENTATIVE SEATON noted that the current statute gives the wrong impression by using the term "exemption" and he would like to see it written as a deferral from the regular school year. He asked how the court would respond to that. 9:37:25 AM MS. MEADE said the court would implement it as written as there is a statute allowing deferrals, and teachers could be added to that language. She noted that anyone can request a deferral for a hardship, and such requests are almost always accommodated, although one of the callers said otherwise. "I don't want to downplay the inconvenience that juries can cause to citizens. We try to minimize it, but we don't have that control," she said. REPRESENTATIVE SEATON noted that his personal requests deferring jury duty outside of the legislative session have always been granted. "I presume that that allows the court to manage its jury pool better so maybe in the meantime or following up on the hearings we can get some feedback from you as if a deferral at the time of getting jury notice would be more effective in allowing the court to control its jury pool and people other than being MS. MEADE asked whether he was suggesting that rather than random summons, have a list of people not to summons during a certain time period. She related it would be more difficult as it easier for the court to send out a summons and allow that citizen to respond with their request for a deferral. 9:40:55 AM REPRESENTATIVE SEATON surmised that this bill is an exemption rather than when an individual is summoned but actually an individual appears for jury duty then the exemption would apply which appears it does not allow the court to plan far enough in advance as to who they are calling to jury duty. MS. MEADE responded that when an individual receives a jury summons and questionnaire they have an opportunity to request an exemption for another date. She remarked the same is true for teachers and they may claim the exception during the school year, which is routinely granted. REPRESENTATIVE SEATON surmised that at receipt of the summons, an individual can claim a deferral rather than at the time of trial if called during a school year. MS. MEADE responded that the deferral is applied in the same manner for everyone and when teachers receive their summons they write on the list they would like to defer until June, and are routinely granted. She added that if individuals do not send their request to be deferred, they appear on the date required and have an opportunity to advise the judge they would like to defer and offer a reason. 9:44:04 AM REPRESENTATIVE VAZQUEZ questioned whether there is a distinction between exemption and deferral. MS. MEADE replied that some people are permanently exempt if they have a certain disability, over 70 years of age, cannot speak or read English, and other rare reasons. REPRESENTATIVE VAZQUEZ surmised that if the intent is to not have a permanent exemption but to have teachers serve during the summer months, the appropriate wording is deferral and not exemption. REPRESENTATIVE VAZQUEZ replied that is the effect of how it is applied as it reads "exempt during the school year" which means to the jury clerks that they are put to another time. She described it as a semantic difference but the effect is the same. REPRESENTATIVE VAZQUEZ pointed out that the exemption would be qualified to "during the school year," otherwise if the qualification was not included they would be totally exempt. MS. MEADE answered in the affirmative, that the statute now reads "during the school term," and that is the phrase the court replies upon to defer. 9:45:51 AM REPRESENTATIVE SEATON noted that the exemption appears to be a personal exemption and referred to testimony from school districts regarding the disruptions to schools with teachers being out. He asked whether the requirement that a teacher apply for the exemption be subject to collective bargaining requiring that all teachers exercise the exemption which would have a different impact on schools and the court. CHAIR KELLER did not require Ms. Meade to respond and found it a good question to put on record. 9:47:53 AM REPRESENTATIVE COLVER pointed out that according to Ms. Meade's testimony, the court would implement a mandatory exemption as if it were on automatic deferral to the non-school year. He commented regarding the question whether to change it to a referral versus a mandatory exemption would, in effect, be the same. 9:49:03 AM MS. GERARD advised that the Academy Charter School has 9 out of her 22 staff members serving on juries this year of which 7 served penal jury duty, and 2 served grand jury which affected their classrooms. REPRESENTATIVE VAZQUEZ asked whether they were all called to duty in state court. MS. GERARD answered that 7 were in Palmer and 2 served in grand jury and believes it was all state court. 9:50:09 AM REPRESENTATIVE SEATON questioned whether schools might negotiate this as a condition of employment that teachers would apply for the option to serve during the summer. He queried whether that could potentially solve the problem rather than individuals individually applying for exemption or deferral. MS. GERARD asked whether he was asking whether the district would negotiate with the teachers union to add to a negotiated agreement. REPRESENTATIVE SEATON replied yes. MS. GERARD responded that it would be a large task since the district just completed their 3-year negotiated contract and she did not know the steps to go back and bargain. She said as a principal she is trying to protect the classroom and did not know how the union would look at it. 9:52:34 AM CHAIR KELLER closed public testimony after ascertaining no one further wished to testify. 9:52:57 AM REPRESENTATIVE DRUMMOND expressed concern in supporting the bill as worded "a person may claim exemption" language as the intent of the sponsor is to keep classrooms whole and keep teachers in their classrooms during the regular school year. She pointed out that the "may" language does not require any teacher to request the exemption and she is sure there are people who will not chose to use this exemption. She suggested speaking with the human resources directors of school districts due to all the questions regarding negotiated contracts. She opined that the bill should go to the House Judiciary Standing Committee and then come back to the House Education Standing Committee as many questions have been raised. However, she stated she supports the intent of HB 98. 9:54:44 AM REPRESENTATIVE VAZQUEZ remarked that she supports the intent of this bill but wordsmithing should be involved and adding school district employees and charter schools working in the classroom. 9:55:35 AM REPRESENTATIVE SEATON echoed support for the intent of the bill and suggested including uncertified teachers in private schools such as aides and other people in contact with students. He said he did not know how to draw that line as private and religious schools generally are not regulated. 9:56:43 AM CHAIR KELLER added that the impact to children would be the same in either case. 9:56:56 AM REPRESENTATIVE COLVER pointed out that obtaining a deferment from a lengthy trial during the school year was offered and he suggested looking at the tools available to keep teachers in the classroom. 9:58:04 AM REPRESENTATIVE SEATON surmised that the problems identified have been people that haven't requested a deferment until and went into jury service and then said they have a hardship to the judge. He said he was not sure whether the problem is somewhat created by teachers not exercising the option of deferral. CHAIR KELLER announced that HB 98 was held.