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.