CSHB 465(HES): "An Act relating to employment of teachers and school administrators and to public school collective bargaining."

00CS FOR HOUSE BILL NO. 465(HES) 01 "An Act relating to employment of teachers and school administrators and to 02 public school collective bargaining." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.20.145 is amended to read: 05  Sec. 14.20.145. AUTOMATIC REEMPLOYMENT. If notification of 06 nonretention is not given according to AS 14.20.140, and if the teacher is not laid off 07 under AS 14.20.177, a teacher is entitled to be reemployed in the same district for the 08 following school year on the contract terms the teacher and the employer may agree 09 upon, or, if no terms are agreed upon, the provisions of the previous contract are 10 continued for the following school year, subject to AS 14.20.158. Except as provided 11 in AS 14.20.177(e), the [THE] right to automatic reemployment under [BE 12 REEMPLOYED ACCORDING TO] this section expires if the teacher does not accept 13 reemployment within 30 days after the date on which the teacher receives a contract of 14 reemployment. A teacher who is on family leave under AS 23.10.500 - 23.10.550 must

01 comply with the 30-day deadline in this section to retain the teacher's reemployment 02 rights under this section. 03 * Sec. 2. AS 14.20.147(b) is amended to read: 04  (b) When a school operated by a federal agency is transferred to or absorbed into 05 a new or existing school district, the teachers shall also be transferred if mutually agreed 06 by the teacher or teachers and the school board of the new or existing district. A teacher 07 transferred from a federal agency school that [, WHICH] does not have an official salary 08 schedule or teacher tenure in the same manner as a public school district in the state [,] 09 shall be placed on a position on the salary schedule of the absorbing district; the salary 10 may not be less than the teacher would have received in the federal agency school. If 11 the teacher taught three [TWO] or more years in the federal agency school and, at the 12 time of transfer, had a valid Alaska teaching certificate, that teacher shall be placed on 13 tenure in the absorbing district. 14 * Sec. 3. AS 14.20 is amended by adding a new section to read: 15  Sec. 14.20.149. EMPLOYEE EVALUATION. (a) A school board shall adopt 16 by July 1, 1997, a certificated employee evaluation system for evaluation and 17 improvement of the performance of the district's teachers and administrators. The 18 evaluation system applies to all the district's certificated employees except the district's 19 superintendent. A school board shall consider information from students, parents, 20 community members, classroom teachers, and administrators in the design and periodic 21 review of the district's certificated employee evaluation system. An evaluation of a 22 certificated employee under this section must be based on observation of the employee 23 in the employee's workplace. 24  (b) The certificated employee evaluation system must 25  (1) establish evaluation criteria for the district's teachers and 26 administrators that are based on professional performance standards adopted by the 27 department by regulation; 28  (2) require at least two observations for the evaluation of each nontenured 29 teacher in the district each school year; 30  (3) require at least an annual evaluation of each tenured teacher in the 31 district who received an acceptable evaluation during the previous school year;

01  (4) permit the district to limit its evaluations of tenured teachers who 02 have consistently exceeded the district's professional performance standards to one 03 evaluation every two school years; 04  (5) require the school district to perform an annual evaluation for each 05 administrator; 06  (6) require the school district to prepare and implement a plan of 07 improvement for a teacher or administrator whose performance is evaluated as less than 08 acceptable, except if the teacher's or administrator's performance warrants immediate 09 dismissal under AS 14.20.170(a); and 10  (7) provide an opportunity for students, parents, community members, 11 teachers, and administrators to provide information on the performance of the teacher or 12 administrator who is the subject of the evaluation to the evaluating administrator. 13  (c) A person may not conduct an evaluation under this section unless the person 14 holds a type B certificate, is employed by the school district as an administrator, and has 15 completed training in the use of the school district's teacher evaluation system. 16  (d) Once each school year, a school district shall offer in-service training to the 17 certificated employees who are subject to the evaluation system. The training must 18 address the procedures of the evaluation system, the standards that the district uses in 19 evaluating the performance of teachers and administrators, and other information that the 20 district considers helpful. 21  (e) A school district shall provide a tenured teacher whose performance is found, 22 after evaluation, to be less than acceptable with a plan of improvement. The evaluating 23 administrator shall consult with the tenured teacher in setting clear, specific performance 24 expectations to be included in the plan of improvement. The plan of improvement must 25 address ways in which the tenured teacher's performance can be improved and shall last 26 for not less than nine and not more than 12 months. The plan of improvement shall be 27 based on the professional performance standards outlined in the locally adopted school 28 district evaluation procedure. The school district must observe the teacher at least twice 29 during the course of the plan. If, at the conclusion of the plan of improvement, the 30 tenured teacher's performance is again evaluated to be less than acceptable, the district 31 may nonretain the teacher under AS 14.20.175(b)(1).

01  (f) A school district may place an administrator whose performance, including 02 performance as an evaluator under the district's certificated employee evaluation system, 03 is less than acceptable on a plan of improvement. The plan must address ways in which 04 the administrator's performance can be improved and shall last for not less than nine and 05 not more than 12 months. The school district must observe the administrator at least 06 twice during the course of the plan. If, at the conclusion of the plan of improvement, 07 the administrator's performance is again evaluated to be less than acceptable, the district 08 may terminate its employment contract with the administrator. 09  (g) The department may request copies of each school district's certificated 10 employee evaluation systems and changes the district makes to the systems. 11  (h) Information provided to a school district under the school district's 12 certificated employee evaluation system is not a public record and is not subject to 13 disclosure under AS 09.25. 14 * Sec. 4. AS 14.20.150 is repealed and reenacted to read: 15  Sec. 14.20.150. ACQUISITION OF TENURE RIGHTS. (a) Except as 16 provided in (c) of this section, a teacher acquires tenure rights in a district when the 17 teacher 18  (1) possesses a valid teaching certificate that authorizes the teacher to 19 be employed as a regular classroom teacher or as an administrator under regulations 20 adopted by the department; 21  (2) has been employed as a teacher in the same district continuously 22 for three full school years; 23  (3) receives, under the district's evaluation system, an acceptable 24 evaluation in the third year of any three-year period of continuous employment with 25 the district; and 26  (4) on or before October 15 of the school year, 27  (A) accepts a contract for employment as a teacher in the 28 district for a fourth consecutive school year; and 29  (B) performs a day of teaching services in the district during 30 that school year. 31  (b) In this section, a full school year of employment means employment that

01 begins on or before the first student count day required by the department in a school 02 year or October 15, whichever occurs first, and continues through the remainder of the 03 school year. 04  (c) A superintendent may not acquire or maintain tenure in a district. 05 * Sec. 5. AS 14.20.155(a) is amended to read: 06  (a) Except as otherwise provided in this chapter, a [A] teacher who has 07 acquired tenure rights has the right to employment within the district during continuous 08 service. 09 * Sec. 6. AS 14.20.160 is amended to read: 10  Sec. 14.20.160. LOSS OF TENURE RIGHTS. Tenure rights are lost when the 11 teacher's employment in the district is interrupted or terminated. However, a teacher 12 on layoff status does not lose tenure rights during the period of layoff except as 13 provided under AS 14.20.177. 14 * Sec. 7. AS 14.20.170 is amended by adding a new subsection to read: 15  (c) A teacher who is dismissed under this section is not entitled to a plan of 16 improvement under AS 14.20.149. 17 * Sec. 8. AS 14.20.175(b) is amended to read: 18  (b) A teacher who has acquired tenure rights is subject to nonretention for the 19 following school year only for the following causes: 20  (1) failure to meet performance objectives defined in the individual's 21 plan of improvement which is based on locally adopted professional performance 22 standards as identified in AS 14.20.149 [INCOMPETENCY, WHICH IS DEFINED 23 AS THE INABILITY OR THE UNINTENTIONAL OR INTENTIONAL FAILURE TO 24 PERFORM THE TEACHER'S CUSTOMARY TEACHING DUTIES IN A 25 SATISFACTORY MANNER]; 26  (2) immorality, which is defined as the commission of an act that, under 27 the laws of the state, constitutes a crime involving moral turpitude; or 28  (3) substantial noncompliance with the school laws of the state, the 29 regulations or bylaws of the department, the bylaws of the district, or the written rules 30 of the superintendent [; OR 31  (4) A NECESSARY REDUCTION OF STAFF OCCASIONED BY A

01 DECREASE IN SCHOOL ATTENDANCE]. 02 * Sec. 9. AS 14.20 is amended by adding a new section to read: 03  Sec. 14.20.177. REDUCTIONS IN FORCE. (a) A school district may 04 implement a layoff plan under this section if it is necessary for the district to reduce the 05 number of tenured teachers because 06  (1) school attendance in the district has decreased; 07  (2) there has been a significant, demonstrated reduction in per-pupil 08 expenditures due to a decrease in revenue from one year to the next. 09  (b) Before a school district lays off any tenured teacher, the school board shall 10 adopt a layoff plan. The plan must identify academic and other programs that the district 11 intends to maintain in implementing the layoff plan. The plan must also include 12 procedures for layoff and recall of tenured teachers consistent with this section. 13  (c) Except as provided in this subsection, a school district may place a tenured 14 teacher on layoff status only after the district has given notice of nonretention to all 15 nontenured teachers. However, a school district may retain a nontenured teacher and 16 place on layoff status a tenured teacher if there is no tenured teacher in the district who 17 is qualified to replace the nontenured teacher. 18  (d) For purposes of this section, a tenured teacher is considered qualified for a 19 position if the position is in 20  (1) grades K - 8 and the teacher has an elementary endorsement; 21  (2) an established middle school and the teacher has 22  (A) an elementary endorsement; 23  (B) a middle school endorsement; or 24  (C) a secondary certificate with a subject area endorsement in the 25 area of assignment in which the teacher filling the position will spend at least 40 26 percent of the teacher's time or the teacher can show evidence of acceptable 27 teaching experience in the subject; or 28  (3) grades 9 - 12 and the teacher has an endorsement for each subject 29 area in which the teacher filling the position will spend at least 40 percent of the 30 teacher's time or the teacher can show evidence of acceptable teaching experience in the 31 subject.

01  (e) For a period of three years after layoff, a teacher is on layoff status and is 02 entitled to a hiring preference in the district where the teacher had been employed. The 03 hiring preference applies only to vacant teaching positions for which the teacher is 04 qualified. If a teacher is offered a teaching position under this subsection and the teacher 05 declines the offer or fails to accept it within 30 days, the teacher is no longer considered 06 to be on layoff status and is no longer entitled to a hiring preference under this section 07 unless the teacher declines the offer because the teacher is contractually obligated to 08 provide professional services to another private or public educational program. 09  (f) Notwithstanding any provision of AS 23.40, the terms of a collective 10 bargaining agreement entered into between a school district and a bargaining organization 11 representing teachers on or after the effective date of this section may not be inconsistent 12 with the provisions of this section. 13  (g) A teacher on layoff status is not entitled to be reemployed under 14 AS 14.20.145 and does not accrue leave. However, layoff status does not constitute a 15 break in service for retaining tenure rights and accrued sick leave. 16  (h) In this section, "school district" or "district" means a city or borough school 17 district or a regional educational attendance area. 18 * Sec. 10. AS 14.20.180 is repealed and reenacted to read: 19  Sec. 14.20.180. PROCEDURES UPON NOTICE OF DISMISSAL OR 20 NONRETENTION. (a) Before a teacher is dismissed, the employer shall give the 21 teacher written notice of the proposed dismissal and a pretermination hearing. A 22 pretermination hearing under this section must comport with the minimum requirements 23 of due process, including an explanation of the employer's evidence and basis for the 24 proposed dismissal and an opportunity for the teacher to respond. If, following a 25 pretermination hearing, an employer determines that dismissal is appropriate, the 26 employer shall provide written notice, including a statement of cause and a complete bill 27 of particulars, of the decision. The dismissal is effective when the notice is delivered 28 to the teacher. 29  (b) An employer that has decided to nonretain a tenured teacher shall provide 30 the teacher with written notice, including a statement of cause and a complete bill of 31 particulars. The notice must comply with AS 14.20.140(a).

01  (c) Within 15 days after receipt of a decision of dismissal under (a) of this 02 section or nonretention under (b) of this section, a teacher may notify the employer in 03 writing that the teacher is requesting a hearing before the school board. Upon receipt 04 of a request for a hearing, the employer shall immediately schedule a hearing and notify 05 the teacher in writing of the date, time, and place of the hearing. The teacher may elect 06 to have either a public or a private hearing, and to have the hearing under oath or 07 affirmation. The parties have a right to be represented by counsel and to cross-examine 08 witnesses. The teacher has the right to subpoena a person who has made statements that 09 are used as a basis for the employer's decision to dismiss or nonretain. A written 10 transcript, tape, or similar recording of the proceedings shall be kept. A copy of the 11 recording shall be furnished to the teacher, for cost, upon request of the teacher. A 12 decision of the school board requires a majority vote of the membership, by roll call. 13 The board's decision shall be in writing and must contain specific findings of fact and 14 conclusions of law. A copy of the decision shall be furnished to the teacher within 10 15 days after the date of the decision. If the school board sustains the dismissal or 16 nonretention, the teacher may appeal the decision to the superior court, in accordance 17 with applicable rules of court, for a judicial review based on the record. 18  (d) A teacher who has acquired tenure who is dismissed or nonretained may 19 waive the right to a hearing under (c) of this section and, within 60 days after receipt of 20 the employer's decision to dismiss or nonretain the teacher, file an action in superior 21 court. 22 * Sec. 11. AS 23.40 is amended by adding a new section to read: 23  Sec. 23.40.235. PUBLIC INVOLVEMENT IN SCHOOL DISTRICT 24 NEGOTIATIONS. Before beginning bargaining, the school board of a city or borough 25 school district or a regional educational attendance area shall provide opportunities for 26 public comment on the issues to be addressed in the collective bargaining process. Initial 27 proposals, last-best-offer proposals, tentative agreements before ratification, and final 28 agreements reached by the parties are public documents and are subject to inspection and 29 copying under AS 09.25.110 - 09.25.140. 30 * Sec. 12. AS 14.20.205 is repealed. 31 * Sec. 13. APPLICABILITY TO INDIVIDUALS. The amendments to AS 14.20.147(b) and

01 14.20.150, made by secs. 2 and 4 of this Act, apply only to an individual 02 (1) first hired as a teacher by a school district or regional educational attendance 03 area, including Mt. Edgecumbe High School, on or after the effective date of this Act; or 04 (2) rehired as a teacher by a school district or regional educational attendance 05 area, including Mt. Edgecumbe High School, on or after the effective date of this Act and 06 following an interruption in continuous service that resulted in 07  (A) a loss of tenure rights under AS 14.20.160; or 08  (B) failure to acquire tenure rights under AS 14.20.150. 09 * Sec. 14. APPLICABILITY TO CONTRACTS. Nothing in this Act affects a collective 10 bargaining agreement in effect on the effective date of this Act.