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.