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SCS CSHB 465(RLS) AM S: "An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S                                                                       
01 "An Act relating to employment of teachers and school administrators and to                                             
02 public school collective bargaining; and providing for an effective date."                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 14.20.140 is amended to read:                                                                       
05  Sec. 14.20.140.  NOTIFICATION OF NONRETENTION.  (a)  If a teacher who                                                 
06 has acquired tenure rights is to be laid off under AS 14.20.177 or is not to be                                       
07 retained for the following school year, the employer shall notify the teacher of the                                   
08 layoff or nonretention by writing, delivered before March 16, or by registered mail                                    
09 postmarked before March 16.                                                                                             
10  (b)  If a teacher who has not acquired tenure rights is to be laid off under                                         
11 AS 14.20.177 or is not to be retained for the following school year the employer shall                                 
12 notify the teacher of the layoff or nonretention by writing delivered on or before the                                
13 last day of the school term or by registered mail postmarked on or before the last day                                  
14 of the school term.                                                                                                     
01  (c)  Notwithstanding a teacher's right to continued employment under                                                  
02 AS 23.10.500 - 23.10.550, a school district may notify a teacher of layoff or                                         
03 nonretention under this section for the following school year for a permissible reason.                                 
04    * Sec. 2.  AS 14.20.145 is amended to read:                                                                          
05  Sec. 14.20.145.  AUTOMATIC REEMPLOYMENT.  If notification of                                                          
06 nonretention or layoff is not given according to AS 14.20.140, a teacher is entitled to                               
07 be reemployed in the same district for the following school year on the contract terms                                  
08 the teacher and the employer may agree upon, or, if no terms are agreed upon, the                                     
09 provisions of the previous contract are continued for the following school year, subject                                
10 to AS 14.20.158.  Except as provided in AS 14.20.177(e), the [THE] right to                                          
11 automatic reemployment under [BE REEMPLOYED ACCORDING TO] this section                                                 
12 expires if the teacher does not accept reemployment within 30 days after the date on                                    
13 which the teacher receives a contract of reemployment.  A teacher who is on family                                      
14 leave under AS 23.10.500 - 23.10.550 must comply with the 30-day deadline in this                                       
15 section to retain the teacher's reemployment rights under this section.                                                 
16    * Sec. 3.  AS  14.20.147(b) is amended to read:                                                                      
17     (b)  When a school operated by a federal agency is transferred to or absorbed into                                 
18 a new or existing school district, the teachers shall also be transferred if mutually agreed                          
19 by the teacher or teachers and the school board of the new or existing district.  A teacher                             
20 transferred from a federal agency school that [, WHICH] does not have an official salary                              
21 schedule or teacher tenure in the same manner as a public school district in the state [,]                              
22 shall be placed on a position on the salary schedule of the absorbing district; the salary                              
23 may not be less than the teacher would have received in the federal agency school.  If                                  
24 the teacher taught three [TWO] or more years in the federal agency school and, at the                                 
25 time of transfer, had a valid Alaska teaching certificate, that teacher shall be placed on                              
26 tenure in the absorbing district.                                                                                       
27    * Sec. 4.  AS 14.20 is amended by adding a new section to read:                                                      
28  Sec. 14.20.149. EMPLOYEE EVALUATION.  (a)  A school board shall adopt                                                 
29 by July 1, 1997, a certificated employee evaluation system for evaluation and                                           
30 improvement of the performance of the district's teachers and administrators.  The                                      
31 evaluation system applies to all the district's certificated employees except the district's                            
01 superintendent.  A school board shall consider information from students, parents,                                      
02 community members, classroom teachers, affected collective bargaining units, and                                        
03 administrators in the design and periodic review of the district's certificated employee                                
04 evaluation system.  An evaluation of a certificated employee under this section must be                                 
05 based on observation of the employee in the employee's workplace.                                                       
06  (b)  The certificated employee evaluation system must                                                                 
07   (1)  establish district performance standards for the district's teachers and                                        
08 administrators that are based on professional performance standards adopted by the                                      
09 department by regulation;                                                                                               
10   (2)  require at least two observations for the evaluation of each nontenured                                         
11 teacher in the district each school year;                                                                               
12   (3)  require at least an annual evaluation of each tenured teacher in the                                            
13 district who met the district performance standards during the previous school year;                                    
14   (4)  permit the district to limit its evaluations of tenured teachers who                                            
15 have consistently exceeded the district performance standards to one evaluation every                                   
16 two school years;                                                                                                       
17   (5)  require the school district to perform an annual evaluation for each                                            
18 administrator;                                                                                                          
19   (6)  require the school district to prepare and implement a plan of                                                  
20 improvement for a teacher or administrator whose performance did not meet the district                                  
21 performance standards, except if the teacher's or administrator's performance warrants                                  
22 immediate dismissal under AS 14.20.170(a); and                                                                          
23   (7)  provide an opportunity for students, parents, community members,                                                
24 teachers, and administrators to provide information on the performance of the teacher or                                
25 administrator who is the subject of the evaluation to the evaluating administrator.                                     
26  (c)  A person may not conduct an evaluation under this section unless the person                                      
27 holds a type B certificate or is a site administrator under the supervision of a person with                            
28 a type B certificate, is employed by the school district as an administrator, and has                                   
29 completed training in the use of the school district's teacher evaluation system.                                       
30  (d)  Once each school year, a school district shall offer in-service training to the                                  
31 certificated employees who are subject to the evaluation system.  The training must                                     
01 address the procedures of the evaluation system, the standards that the district uses in                                
02 evaluating the performance of teachers and administrators, and other information that the                               
03 district considers helpful.                                                                                             
04  (e)  A school district shall provide a tenured teacher whose performance, after                                       
05 evaluation, did not meet the district performance standards with a plan of improvement.                                 
06 The evaluating administrator shall consult with the tenured teacher in setting clear,                                   
07 specific performance expectations to be included in the plan of improvement.  The plan                                  
08 of improvement must address ways in which the tenured teacher's performance can be                                      
09 improved and shall last for not less than 90 workdays and not more than 180 workdays                                    
10 unless the minimum time is shortened by agreement between the evaluating administrator                                  
11 and the teacher.  The plan of improvement shall be based on the professional                                            
12 performance standards outlined in the locally adopted school district evaluation                                        
13 procedure.  The school district must observe the teacher at least twice during the course                               
14 of the plan.  If, at the conclusion of the plan of improvement, the tenured teacher's                                   
15 performance again does not meet the district performance standards, the district may                                    
16 nonretain the teacher under AS 14.20.175(b)(1).                                                                         
17  (f)  A school district may place an administrator who has previously acquired                                         
18 tenure, whose performance, including performance as an evaluator under the district's                                   
19 certificated employee evaluation system, does not meet the district performance standards                               
20 on a plan of improvement.  The plan must address ways in which the administrator's                                      
21 performance can be improved and shall last for not less than 90 workdays and not more                                   
22 than 210 workdays unless the minimum time is shortened by agreement between the                                         
23 evaluating administrator and the administrator being evaluated.  The school district must                               
24 observe the administrator being evaluated at least twice during the course of the plan.                                 
25 If, at the conclusion of the plan of improvement, the administrator's performance again                                 
26 does not meet the district performance standards, the district may terminate its                                        
27 employment contract with the administrator.  This subsection does not restrict the right                                
28 of a school district to reassign an administrator to a teaching position consistent with the                            
29 terms of an applicable collective bargaining agreement.                                                                 
30  (g)  The department may request copies of each school district's certificated                                         
31 employee evaluation systems and changes the district makes to the systems.                                              
01  (h)  Information provided to a school district under the school district's                                            
02 certificated employee evaluation system concerning the performance of an individual                                     
03 being evaluated under the system is not a public record and is not subject to disclosure                                
04 under AS 09.25.  However, the individual who is the subject of the evaluation is                                        
05 entitled to a copy of the information and may waive the confidentiality provisions of                                   
06 this subsection concerning the information.                                                                             
07    * Sec. 5.  AS 14.20.150 is repealed and reenacted to read:                                                           
08  Sec. 14.20.150.  ACQUISITION OF TENURE RIGHTS.  (a) Except as                                                         
09 provided in (c) or (d) of this section, a teacher acquires tenure rights in a district when                             
10 the teacher                                                                                                             
11   (1)  possesses a valid teaching certificate that authorizes the teacher to                                           
12 be employed as a certificated teacher or as an administrator under regulations adopted                                  
13 by the department;                                                                                                      
14   (2)  has been employed as a teacher in the same district continuously                                                
15 for three full school years;                                                                                            
16   (3)  receives,  in the third year of any three-year period of continuous                                             
17 employment with the district, an evaluation under the district's evaluation system                                      
18 stating that the teacher's performance meets the district performance standards; and                                    
19   (4)  on or before October 15 of the school year,                                                                     
20   (A)  accepts a contract for employment as a teacher in the                                                          
21 district for a fourth consecutive school year; and                                                                      
22   (B)  performs a day of teaching services in the district during                                                     
23 that school year.                                                                                                       
24  (b)  In this section, a full school year of employment means employment that                                          
25 begins on or before the first student count day required by the department in a school                                  
26 year or October 15, whichever occurs first, and continues through the remainder of the                                  
27 school year.                                                                                                            
28  (c)  A superintendent may not acquire or maintain tenure in a district.                                               
29   (d)  A teacher who has acquired tenure in a school district in the state and who  loses tenure in the district becaus 
30 of a break in service may acquire tenure in that  school district or another school district under this subsection if t 
31 break in service  was not the result of a dismissal under AS 14.20.170 or nonretention under AS  14.20.175 and did      
01 not last longer than one year.  A break in service that begins on or  after the last day of a school district's         
02 instructional days for a school year but before  the first instructional day of the next school year will be considered 
03 to have lasted no  longer than one year if the teacher is employed on the first instructional day of the  school year   
04 that begins more than 12 but not more than 16 months after the beginning  of the break in service.  A previously        
05 tenured teacher acquires tenure in a school  district under this subsection when the teacher                            
06   (1)  possesses a valid teaching certificate that authorizes the teacher to                                           
07 be employed as a certificated teacher or as an administrator under regulations adopted                                  
08 by the department;                                                                                                      
09   (2)  has been employed as a teacher in the district continuously for one                                             
10 full school year after a break in service that does not exceed the time limits set out in                               
11 this subsection;                                                                                                        
12   (3)  receives, under the district's evaluation system, an acceptable                                                 
13 evaluation from the district; and                                                                                       
14   (4)  on or before October 15 of the school year,                                                                     
15      (A)  accepts a contract for employment as a teacher in the district                                                
16   for a second consecutive school year; and                                                                             
17   (B)  performs a day of teaching services in the district during                                                     
18 that school year.                                                                                                       
19    * Sec. 6.  AS 14.20.155(a) is amended to read:                                                                       
20  (a)  Except as otherwise provided in this chapter, a [A] teacher who has                                            
21 acquired tenure rights has the right to employment within the district during continuous                                
22 service.                                                                                                                
23    * Sec. 7.  AS 14.20.160 is amended to read:                                                                          
24  Sec. 14.20.160.  LOSS OF TENURE RIGHTS.  Tenure rights are lost when the                                              
25 teacher's employment in the district is interrupted or terminated.  However, a teacher                                 
26 on layoff status does not lose tenure rights during the period of layoff except as                                      
27 provided under AS 14.20.177.                                                                                           
28    * Sec. 8.  AS 14.20.170 is amended by adding a new subsection to read:                                               
29  (c)  A teacher who is dismissed under this section is not entitled to a plan of                                       
30 improvement under AS 14.20.149.                                                                                         
31    * Sec. 9.  AS 14.20.175(b) is amended to read:                                                                       
01  (b)  A teacher who has acquired tenure rights is subject to nonretention for the                                      
02 following school year only for the following causes:                                                                    
03   (1)  the school district demonstrates that                                                                          
04   (A)  the district has fully complied with the requirements of                                                       
05 AS 14.20.149 with respect to the tenured teacher;                                                                       
06   (B)  the teacher's performance, after completion of the plan                                                        
07 of improvement, failed to meet the performance objectives set out in the                                                
08 plan; and                                                                                                               
09   (C)  the evaluation of the teacher established that the teacher                                                     
10 does not meet the district performance standards [INCOMPETENCY,                                                        
11 WHICH IS DEFINED AS THE INABILITY OR THE UNINTENTIONAL OR                                                               
12 INTENTIONAL FAILURE TO PERFORM THE TEACHER'S CUSTOMARY                                                                  
13 TEACHING DUTIES IN A SATISFACTORY MANNER];                                                                              
14   (2)  immorality, which is defined as the commission of an act that,                                                  
15 under the laws of the state, constitutes a crime involving moral turpitude; or                                        
16   (3)  substantial noncompliance with the school laws of the state, the                                                
17 regulations or bylaws of the department, the bylaws of the district, or the written rules                               
18 of the superintendent [; OR                                                                                             
19   (4)  A NECESSARY REDUCTION OF STAFF OCCASIONED BY A                                                                  
20 DECREASE IN SCHOOL ATTENDANCE].                                                                                         
21    * Sec. 10.  AS 14.20 is amended by adding a new section to read:                                                     
22  Sec. 14.20.177.  REDUCTIONS IN FORCE.  (a)  A school district may                                                     
23 implement a layoff plan under this section if it is necessary for the district to reduce                                
24 the number of tenured teachers because                                                                                  
25   (1)  school attendance in the district has decreased; or                                                             
26   (2) the basic need of the school district determined under                                                           
27 AS 14.17.021(b) and adjusted under AS 14.17.225(b) decreases by three percent or                                        
28 more from the previous year.                                                                                            
29  (b)  Before a school district lays off any tenured teacher, the school board shall                                    
30 adopt a layoff plan.  The plan must identify academic and other programs that the                                       
31 district intends to maintain in implementing the layoff plan.  The plan must also                                       
01 include procedures for layoff and recall of tenured teachers consistent with this section.                              
02  (c)  Except as provided in this subsection, a school district may place a tenured                                     
03 teacher on layoff status only after the district has given notice of nonretention to all                                
04 nontenured teachers.  However, a school district may retain a nontenured teacher and                                    
05 place on layoff status a tenured teacher if there is no tenured teacher in the district                                 
06 who is qualified to replace the nontenured teacher.  The school district shall comply                                   
07 with the notice requirements set out in AS 14.20.140 in placing a tenured or                                            
08 nontenured teacher on layoff status.                                                                                    
09  (d)  For purposes of this section, a tenured teacher is considered qualified for a                                    
10 position if the position is in                                                                                          
11   (1)  grades K - 8 and the teacher has an elementary endorsement;                                                     
12   (2)  an established middle school and the teacher has                                                                
13   (A) an elementary endorsement;                                                                                      
14   (B) a middle school endorsement; or                                                                                 
15   (C) a secondary certificate with a subject area endorsement in the                                                  
16 area of assignment in which the teacher filling the position will spend at least 40                                     
17 percent of the teacher's time or the teacher has, within the five years immediately                                     
18 preceding the last date on which the teacher performed teaching services in the                                         
19 district before being laid off, received an evaluation stating that the teacher's                                       
20 performance in the subject or subjects meets the district performance standards;                                        
21 or                                                                                                                      
22   (3)  grades 9 - 12 and the teacher has an endorsement for each subject                                               
23 area in which the teacher filling the position will spend at least 40 percent of the                                    
24 teacher's time or the teacher has, within the five years immediately preceding the last                                 
25 date on which the teacher performed teaching services in the district before being laid                                 
26 off, received an evaluation stating that the teacher's performance in the subject or                                    
27 subjects meets the district performance standards.                                                                      
28  (e)  For a period of three years after layoff, a teacher is on layoff status and is                                   
29 entitled to a hiring preference in the district where the teacher had been employed.  The                               
30 hiring preference applies only to vacant teaching positions for which the teacher is                                    
31 qualified.  If a teacher is offered a teaching position under this subsection and the teacher                           
01 declines the offer or fails to accept it within 30 days, the teacher is no longer considered                            
02 to be on layoff status and is no longer entitled to a hiring preference under this section                              
03 unless the teacher declines the offer because the teacher is contractually obligated to                                 
04 provide professional services to another private or public educational program.                                         
05  (f)  Notwithstanding any provision of AS 23.40, the terms of a collective                                             
06 bargaining agreement entered into between a school district and a bargaining organization                               
07 representing teachers on or after the effective date of this section may not be in conflict                             
08 with the provisions of this section.                                                                                    
09  (g)  A teacher on layoff status is not entitled to be reemployed under                                                
10 AS 14.20.145 and does not accrue leave.  However, layoff status does not constitute a                                   
11 break in service for retaining tenure rights and accrued sick leave.                                                    
12  (h)  In this section, "school district" or "district" means a city or borough school                                  
13 district or a regional educational attendance area.                                                                     
14    * Sec. 11.  AS 14.20.180 is repealed and reenacted to read:                                                          
15  Sec. 14.20.180.  PROCEDURES UPON NOTICE OF DISMISSAL OR                                                               
16 NONRETENTION.  (a)  Before a teacher is dismissed, the  employer shall give the                                         
17 teacher written notice of the proposed dismissal and a pretermination hearing.  A                                       
18 pretermination hearing under this section must comport with the minimum requirements                                    
19 of due process, including an explanation of the employer's evidence and basis for the                                   
20 proposed dismissal and an opportunity for the teacher to respond.  If, following a                                      
21 pretermination hearing, an employer determines that dismissal is appropriate, the                                       
22 employer shall provide written notice, including a statement of cause and a complete bill                               
23 of particulars, of the decision.  The dismissal is effective when the notice is delivered                               
24 to the teacher.                                                                                                         
25  (b)  An employer that has decided to nonretain a tenured teacher shall provide                                        
26 the teacher with written notice, including a statement of cause and a complete bill of                                  
27 particulars.  The notice must comply with AS 14.20.140(a).                                                              
28  (c)  Within 15 days after receipt of a decision of dismissal under (a) of this                                        
29 section or nonretention under (b) of this section, a teacher may notify the employer in                                 
30 writing that the teacher is requesting a hearing before the school board under (d) of this                              
31 section or that the teacher is invoking the grievance procedures under (e) of this section.                             
01  (d)  Upon receipt of a request for a hearing, the employer shall immediately                                          
02 schedule a hearing and notify the teacher in writing of the date, time, and place of the                                
03 hearing.  The teacher may elect to have either a public or a private hearing, and to have                               
04 the hearing under oath or affirmation.  The parties have a right to be represented by                                   
05 counsel and to cross-examine witnesses.  The teacher has the right to subpoena a person                                 
06 who has made statements that are used as a basis for the employer's decision to dismiss                                 
07 or nonretain.  A written transcript, tape, or similar recording of the proceedings shall be                             
08 kept.  A copy of the recording shall be furnished to the teacher, for cost, upon request                                
09 of the teacher.  A decision of the school board requires a majority vote of the                                         
10 membership, by roll call.  The board's decision shall be in writing and must contain                                    
11 specific findings of fact and conclusions of law.  A copy of the decision shall be                                      
12 furnished to the teacher within 10 days after the date of the decision.  If the school board                            
13 sustains the dismissal or nonretention, the teacher may appeal the decision to the superior                             
14 court for judicial review based on the administrative record.                                                           
15  (e)  Upon receipt of a notice invoking the grievance procedures, the school                                           
16 board shall immediately schedule an informal hearing and notify the teacher in writing                                  
17 of the date, time, and place of the hearing.  The hearing is for the purpose of                                         
18 reviewing the statement of cause and bill of particulars and not for the purpose of                                     
19 taking evidence.  The teacher may choose whether the informal hearing is held in                                        
20 public or in private.  A decision of the school board requires a majority vote of the                                   
21 membership, by roll call.  The board's decision shall be in writing.  The board shall                                   
22 promptly furnish a copy of the decision to the teacher.  If the board sustains the                                      
23 dismissal or nonretention, the teacher may, within 15 days after receipt of the decision,                               
24 give written notice to the school board and submit the matter to arbitration under the                                  
25 rules of the American Arbitration Association.  The decision of the arbitrator is final                                 
26 and binding on the school board, the teacher, and the bargaining organization                                           
27 representing the teacher, if any.  If the school board and the teacher agree, they may                                  
28 waive the informal hearing under this subsection and submit the matter directly to                                      
29 arbitration.                                                                                                            
30    * Sec. 12.  AS 14.20.215 is amended by adding a new paragraph to read:                                               
31   (8)  "district performance standards" means evaluation criteria for the                                              
01 district's teachers and administrators that are adopted by a school district under                                      
02 AS 14.20.149 and that are based on the professional performance standards adopted                                       
03 by the department.                                                                                                      
04    * Sec. 13.  AS 23.40 is amended by adding a new section to read:                                                     
05  Sec. 23.40.235.  PUBLIC INVOLVEMENT IN SCHOOL DISTRICT                                                                
06 NEGOTIATIONS.  Before beginning bargaining, the school board of a city or borough                                       
07 school district or a regional educational attendance area shall provide opportunities for                               
08 public comment on the issues to be addressed in the collective bargaining process.                                      
09 Initial proposals, last-best-offer proposals, tentative agreements before ratification, and                             
10 final agreements reached by the parties are public documents and are subject to                                         
11 inspection and copying under AS 09.25.110 - 09.25.140.                                                                  
12    * Sec. 14.  AS 14.20.205 is repealed.                                                                                
13    * Sec. 15.  APPLICABILITY TO INDIVIDUALS.  The amendments to AS 14.20.147(b)                                         
14 and 14.20.150, made by secs. 3 and 5 of this Act, apply only to an individual                                           
15   (1)  first hired as a teacher by a school district or regional educational                                            
16 attendance area, including Mt. Edgecumbe High School, on or after the effective date of this                            
17 Act; or                                                                                                                 
18   (2)  rehired as a teacher by a school district or regional educational attendance                                     
19 area, including Mt. Edgecumbe High School, on or after the effective date of this Act and                               
20 following an interruption in continuous service that resulted in                                                        
21   (A)  a loss of tenure rights under AS 14.20.160; or                                                                  
22   (B)  failure to acquire tenure rights under AS 14.20.150.                                                            
23    * Sec. 16.  APPLICABILITY TO CONTRACTS.  Nothing in this Act affects a collective                                    
24 bargaining agreement in effect on the effective date of this Act.                                                       
25    * Sec. 17.  EFFECTIVE DATE FOR EMPLOYEE EVALUATIONS.  Section 4 of this Act                                          
26 takes effect July 1, 1997.