Legislature(1995 - 1996)

1996-03-25 House Journal

Full Journal pdf

1996-03-25                     House Journal                      Page 3321
HB 465                                                                       
Amendment No. 5 (page 3320) was again before the House.                        
                                                                               
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  16   NAYS:  21   EXCUSED:  0   ABSENT:  3                             
                                                                               

1996-03-25                     House Journal                      Page 3322
HB 465                                                                       
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kott, Kubina, Mackie, Masek, Robinson, Sanders,                   
Williams, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly,           
Kohring, Long, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter,         
Rokeberg, Therriault, Toohey, Vezey                                            
                                                                               
Absent:  Hanley, Navarre, Nicholia                                             
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
Representative Brown placed a call of the House on the bill.                   
                                                                               
Amendment No. 7 was offered by Representative B.Davis:                         
                                                                               
Page 7, lines 4 - 7:                                                           
	Delete all material.                                                          
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Long, Mackie, Masek, Navarre, Robinson,                   
Sanders, Williams, Willis                                                      
                                                                               

1996-03-25                     House Journal                      Page 3323
HB 465                                                                       
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Nicholia, Ogan,            
Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                 
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered by Representative Kubina:                          
                                                                               
Page 5, line 19, after "AS 14.20.149":                                     
	Insert "; however, a school district may not nonretain a tenured            
teacher under this paragraph unless the school district has fully              
complied with the requirements of AS14.20.149 and unless the                   
district demonstrates by clear and convincing evidence that the                
teacher's performance does not meet professional performance                   
standards"                                                                   
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
Amendment to Amendment No. 8 was offered by Representatives Ivan               
and Kubina:                                                                    
                                                                               
After demonstrates by:                                                     
Delete clear and convincing evidence                                      
                                                                               
After standards:                                                           
Insert adopted by local school districts                                  
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent that the               
amendment to Amendment No. 8 be adopted.                                       
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  Shall the amendment to Amendment No. 8 be                 
adopted?  The roll was taken with the following result:                        

1996-03-25                     House Journal                      Page 3324
HB 465                                                                       
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 8                                                   
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek,              
Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter,             
Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis              
                                                                               
Nays:  Vezey                                                                   
                                                                               
And so, the amendment to Amendment No. 8 was adopted.                          
                                                                               
The question being:  Shall Amendment No. 8 as amended be                       
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 8 as amended                                                     
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek,              
Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter,             
Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis              
                                                                               
Nays:  Vezey                                                                   
                                                                               
And so, Amendment No. 8 as amended was adopted.                                
                                                                               
Amendment No. 9 was offered by Representative Brice:                           
                                                                               
Page 1, line 11:                                                               
	Delete "AS 14.20.177(e)"                                                  
	Insert "the school district's layoff procedures under AS                    
14.20.177"                                                                   
                                                                               

1996-03-25                     House Journal                      Page 3325
HB 465                                                                       
Page 5, line 31, through page 7, line 12:                                      
	Delete all material and insert:                                               
	"Sec. 14.20.177.  LAYOFFS.  (a)  A school district may place                 
a teacher who has acquired tenure rights on layoff status but only             
if it is necessary for the district to reduce the number of teachers           
because of a decrease in school attendance or because the basic                
need of a school district determined under AS14.17.021(b) and                  
adjusted under AS14.17.225(b) decreases by three percent or more               
from the previous year.  This section does not apply to a teacher              
who has not acquired tenure rights.                                            
	(b)  For a period of three years after layoff, a teacher is on               
layoff status and is entitled to a hiring preference in the district or        
regional educational attendance area where the teacher had been                
employed.  The hiring preference applies only to vacant teaching               
positions for which the teacher is qualified.  If a teacher is offered         
a teaching position under this subsection and the teacher declines             
the offer, the teacher is no longer considered to be on layoff status          
and is no longer entitled to a hiring preference under this section.           
                                                                               
	(c)  In making layoff and rehire decisions under this section,               
a school district may give preference to a primary school teacher              
who has less seniority than a secondary school teacher in order to             
preserve the primary school program.  The district may also give               
preference to a secondary school teacher over a primary school                 
teacher with more seniority in order to preserve secondary school              
programs.                                                                      
	(d)  Notwithstanding any provision of AS23.40, the terms of                  
a collective bargaining agreement entered into between a school                
district or regional educational attendance area and a bargaining              
organization representing teachers on or after the effective date of           
this section may not be inconsistent with the provisions of this               
section.                                                                       
	(e)  A teacher on layoff status is not entitled to be reemployed             
under AS14.20.145 and does not accrue leave.  However, layoff                  
status does not constitute a break in service for                              
		(1)  retaining acquired tenure rights; or                                   
	(2)  retaining accrued sick leave."                                         
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 9 be adopted.                                                    
                                                                               

1996-03-25                     House Journal                      Page 3326
HB 465                                                                       
Representative Ivan objected.                                                  
                                                                               
The question being:  Shall Amendment No. 9 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Sanders,                
Williams, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Nicholia,            
Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey           
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
Amendment No. 10 was offered by Representative G.Davis:                        
                                                                               
Page 2, line 20, after teachers,:                                              
Insert collective bargaining units,                                           
                                                                               
Representative G.Davis moved and asked unanimous consent that                  
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
                                                                               
Amendment to Amendment No. 10 was offered by Representative                    
Parnell:                                                                       
                                                                               
Before collective bargaining units:                                            
Insert affected                                                               
                                                                               
Representative Parnell moved and asked unanimous consent that the              
amendment to Amendment No. 10 be adopted.  There being no                      
objection, it was so ordered.                                                  
                                                                               

1996-03-25                     House Journal                      Page 3327
HB 465                                                                       
The question being:  Shall Amendment No. 10 as amended be                      
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 10 as amended                                                    
                                                                               
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses,             
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson,          
Rokeberg, Sanders, Therriault, Toohey, Williams, Willis                        
                                                                               
Nays:  Long, Vezey                                                             
                                                                               
And so, Amendment No. 10 as amended was adopted.                               
                                                                               
Amendment No. 11 was offered by Representative Brown:                          
                                                                               
Page 4, line 10, after "system":                                               
	Insert "concerning the performance of an individual being                     
evaluated under the system"                                                    
                                                                               
Page 4, line 11, after the period:                                             
	Insert "However, the individual who is the subject of the                     
evaluation is entitled to a copy of the information and may waive the          
confidentiality provisions of this subsection concerning the                   
information."                                                                  
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 11 was adopted.                                                  
                                                                               
                                                                               
Amendment No. 12 was offered by Representative Robinson:                       
                                                                               
Page 6, line 13, after the period:                                             

1996-03-25                     House Journal                      Page 3328
HB 465                                                                       
	Insert "A school district may not place a tenured classroom teacher           
on layoff status if the layoff will result in an increase in the ratio of      
classroom teachers to students in the district."                               
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Barnes objected.                                                
                                                                               
The question being:  Shall Amendment No. 12 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  9   NAYS:  31   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Robinson, Willis                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green,               
Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin,               
Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
Amendment No. 13 was offered by Representative Willis:                         
                                                                               
Page 3, line 28, after during the course of the plan.:                         
Insert A teacher under a plan of improvement shall be entitled to             
an evaluation conducted by a qualified third party.  At the                    
beginning of the school year, the school district shall identify and           
train teacher mentors, who may serve as a qualified third party                
under this process.  The teacher receiving an unacceptable                     
evaluation after implementation of the plan of improvement will                
be able to choose a teacher mentor from the list or from among                 
the districts administrators.                                                  
                                                                               
Representative Willis moved and asked unanimous consent that                   
Amendment No. 13 be adopted.                                                   

1996-03-25                     House Journal                      Page 3329
HB 465                                                                       
Representative Ivan objected.                                                  
                                                                               
The question being:  Shall Amendment No. 13 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  13   NAYS:  27   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kott, Kubina, Mackie, Navarre, Robinson, Willis                                
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Long, Martin, Masek, Moses, Mulder,               
Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,      
Toohey, Vezey, Williams                                                        
                                                                               
And so, Amendment No. 13 was not adopted.                                      
                                                                               
Amendment No. 14 was offered by Representative Davies:                         
                                                                               
Page 2, line 31:                                                               
	Delete "an acceptable"                                                        
	Insert "a satisfactory"                                                       
                                                                               
Page 3, lines 6 - 7:                                                           
	Delete "less than acceptable"                                                 
	Insert "incompetent"                                                          
                                                                               
Page 3, line 21:                                                               
	Delete "less than acceptable"                                                 
	Insert "incompetent"                                                          
                                                                               
Page 3, line 29:                                                               
	Delete "less than acceptable"                                                 
	Insert "incompetent"                                                          
                                                                               
Page 4, line 1:                                                                
	Delete "less than acceptable"                                                 
	Insert "incompetent"                                                          

1996-03-25                     House Journal                      Page 3330
HB 465                                                                       
Page 4, line 5:                                                                
	Delete "less than acceptable"                                                 
	Insert "incompetent"                                                          
                                                                               
Page 4, line 21:                                                               
	Delete "an acceptable"                                                        
	Insert "a satisfactory"                                                       
                                                                               
                                                                               
Page 5, lines 17 - 22:                                                         
	Delete "failure to meet performance objectives defined in the               
individual's plan of improvement which is based on locally adopted             
professional performance standards as identified in AS 14.20.149             
[INCOMPETENCY, WHICH IS DEFINED AS THE INABILITY OR                            
THE UNINTENTIONAL OR INTENTIONAL FAILURE TO                                    
PERFORM THE TEACHER'S CUSTOMARY TEACHING DUTIES                                
IN A SATISFACTORY MANNERß"                                                     
	Insert "incompetency, which is defined as the inability or the                
unintentional or intentional failure to perform the teacher's customary        
teaching duties in a satisfactory manner as identified in the evaluation     
of the employee under AS14.20.149"                                           
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 14 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
The question being:  Shall Amendment No. 14 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Robinson,                   
Sanders, Williams, Willis                                                      
                                                                               

1996-03-25                     House Journal                      Page 3331
HB 465                                                                       
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan,            
Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                 
                                                                               
And so, Amendment No. 14 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 15 was offered by Representative Brice:                          
                                                                               
Page 1, line 2, after "bargaining" (title amendment):                        
	Insert "; and relating to computation of years of credited                   
service for noncertificated employees of public schools"                      
                                                                               
Page 8, after line 23:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 12.  AS39.35 is amended by adding a new section to read:          
	Sec. 39.35.677.  COMPUTING YEARS OF CREDITED                                 
SERVICE FOR EMPLOYMENT ASA NONCERTIFICATED                                     
EMPLOYEE OF A PUBLIC SCHOOL.  (a)  When computing the                          
credited service to which a member is entitled for employment as               
a noncertificated employee of a public school in the state, the                
administrator shall apply the definition of "years of service" found           
in AS14.25.220 to the period of employment as a noncertificated                
employee of a public school in the state.                                      
	(b)   In this section, "public school" has the meaning given in              
AS14.60.010."                                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 15 be adopted.                                                   
                                                                               
Representative Barnes objected.                                                
                                                                               
                                                                               
Representative Brown lifted the call.                                          
                                                                               
                                                                               
The question being:  Shall Amendment No. 15 be adopted?  The roll              
was taken with the following result:                                           

1996-03-25                     House Journal                      Page 3332
HB 465                                                                       
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  16   NAYS:  22   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Phillips, Robinson, Therriault,                 
Williams, Willis                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Nicholia,            
Ogan, Parnell, Porter, Rokeberg, Toohey, Vezey                                 
                                                                               
Absent:  Masek, Sanders                                                        
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
Amendment No. 16 was offered by Representative Brice:                          
                                                                               
Page 1, after line 3:                                                          
	Insert a new bill section to read:                                            
   "* Section 1.  AS 14.20.130 is amended to read:                           
	Sec. 14.20.130.  EMPLOYMENT OF TEACHERS AND                                  
ADMINISTRATORS.  An employer may, after January1, issue                        
contracts for the following school year to employees regularly                 
qualified in accordance with the regulations of the department.                
The contract for a superintendent may be for more than one school              
year but may not exceed three consecutive school years.  If the              
superintendent's contract is for more than one school year, the                
contract must contain a term terminating the contract at the                   
end of the school year in which the school district adopts a                   
layoff plan under AS 14.20.177.  A school district may offer a                 
one-year contract on the same or different terms to a                          
superintendent whose multi-year contract was terminated                        
under this section."                                                         
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1"                                                          
	Insert "Sec. 2"                                                             
                                                                               

1996-03-25                     House Journal                      Page 3333
HB 465                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 7, after line 10:                                                         
	Insert a new subsection to read:                                              
	"(h)  From the date when a school district adopts a layoff plan              
until each of the classroom teachers laid off under the layoff plan            
has been recalled or has declined an offer of reemployment and                 
lost the hiring preference under (e) of this section, the school               
district may not enter into a contract for a superintendent for a              
term that is longer than one year."                                            
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 8, line 26:                                                               
	Delete "secs. 2 and 4"                                                        
	Insert "secs. 3 and 5"                                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 16 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 16 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Finkelstein, Kott,               
Kubina, Masek, Navarre, Phillips, Robinson, Sanders, Williams, Willis          
                                                                               
Nays:  Austerman, Bunde, G.Davis, Elton, Foster, Green, Grussendorf,           
Hanley, Ivan, James, Kelly, Kohring, Long, Martin, Moses, Mulder,              
Nicholia, Ogan, Parnell, Porter, Rokeberg, Therriault, Toohey, Vezey           
                                                                               
Absent:  Mackie                                                                
                                                                               
And so, Amendment No. 16 was not adopted.                                      

1996-03-25                     House Journal                      Page 3334
HB 465                                                                       
Amendment No. 17 was offered by Representative Finkelstein:                    
                                                                               
Page 1, line 1, through page 9, line 3, delete all material and insert:        
""An Act relating to teacher tenure, teacher layoff and rehire              
rights, public access to information on public school collective               
bargaining, and to the right of tenured teachers to judicial review            
of decisions of nonretention or dismissal; and relating to retirement          
for certain employees of school districts, regional resource centers,          
the state boarding school, and regional educational attendance                 
areas."                                                                        
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                       
   * Section 1.   AS 14.20.147(b) is amended to read:                        
(b)  When a school operated by a federal agency is transferred                
to or absorbed into a new or existing school district, the teachers        
shall also be transferred if mutually agreed by the teacher or                 
teachers and the school board of the new or existing district.  A              
teacher transferred from a federal agency school that ª, WHICHß            
does not have an official salary schedule or teacher tenure in the             
same manner as a public school district in the state ª,ß shall be              
placed on a position on the salary schedule of the absorbing                   
district; the salary may not be less than the teacher would have               
received in the federal agency school.  If the teacher taught three         
ªTWOß or more years in the federal agency school and, at the time             
of transfer, had a valid Alaska teaching certificate, that teacher             
shall be placed on tenure in the absorbing district.                           
   * Sec. 2.  AS14.20.150 is amended to read:                                
Sec. 14.20.150.  ACQUISITION OF TENURE RIGHTS.  (a)                           
A teacher acquires tenure rights in a district when the teacher                
(1)  possesses a standard teaching certificate; and                       
(2)  has been employed as a teacher in the same district                      
continuously for three ªTWOß full school years and is reemployed           
for the school year immediately following the three ªTWOß full             
school years; or has been employed as a teacher in the same                  
district continuously for a period equal in length to three full               
school years, whether or not the period begins on the first day                
of the school year, and is reemployed on the school year day                   
immediately following completion of the three-consecutive-                     
school-year period.                                                          

1996-03-25                     House Journal                      Page 3335
HB 465                                                                       
(b)  The tenure rights acquired under (a) of this section                     
become effective on the first day the teacher performs teaching                
services in the district during the school year immediately                    
following the three-consecutive-school-year period ªTWO FULL               
SCHOOL YEARSß.                                                                 
	(c)  By the end of the second year of employment, the                      
district shall provide a non-tenured teacher a written                         
evaluation and, if necessary, shall develop a plan for                         
improvement in cooperation with the teacher, established                       
mentors, and appropriate administrators.                                     
   * Sec. 3.  AS14.20.160 is amended to read:                                
	Sec. 14.20.160.  LOSS OF TENURE RIGHTS.  Tenure rights                       
are lost when the teacher's employment in the district is                      
interrupted or terminated.  However, a teacher on layoff status              
does not lose tenure rights during the period of layoff except                 
as provided under AS14.20.177.                                               
   * Sec. 4.  AS14.20.175(b) is amended to read:                             
	(b)  A teacher who has acquired tenure rights is subject to                  
nonretention for the following school year only for the following              
causes:                                                                        
		(1)  incompetency, which is defined as the inability or the                 
unintentional or intentional failure to perform the teacher's                  
customary teaching duties in a satisfactory manner;                            
		(2)  immorality, which is defined as the commission of an                   
act that, under the laws of the state, constitutes a crime involving           
moral turpitude; or                                                        
		(3)  substantial noncompliance with the school laws of the                  
state, the regulations or bylaws of the department, the bylaws of              
the district, or the written rules of the superintendent ª; OR                 
		(4)  A NECESSARY REDUCTION OF STAFF                                         
OCCASIONED BY A DECREASE IN SCHOOL                                             
ATTENDANCEß.                                                                   
   * Sec. 5.  AS14.20 is amended by adding a new section to read:            
	Sec. 14.20.177.  LAYOFFS.  (a)  A school district may place                  
a teacher who has acquired tenure rights on layoff status but only             
after the district has nonretained all nontenured teachers and only            
if it is necessary for the district to reduce the number of tenured            
teachers because of a decrease in school attendance or because of              
a financial emergency verified by the commissioner of education.               
                                                                               

1996-03-25                     House Journal                      Page 3336
HB 465                                                                       
The commissioner's determination is not subject to review or                  
appeal.  This section does not apply to a teacher who has not                  
acquired tenure rights.                                                        
	(b)  For a period of three years after layoff, a teacher is on               
layoff status and is entitled to a hiring preference in the district or        
regional educational attendance area where the teacher had been                
employed.  The hiring preference applies only to vacant teaching               
positions for which the teacher is qualified.  If a teacher is offered         
a teaching position under this subsection and the teacher declines             
the offer, the teacher is no longer considered to be on layoff status          
and is no longer entitled to a hiring preference under this section            
unless the teacher declines the offer because the teacher is                   
contractually obligated to provide professional services to another            
private or public educational program in Alaska.                               
	(c)  In making layoff and rehire decisions under this section,               
a school district may give preference to a primary school teacher              
who has less seniority than a secondary school teacher in order to             
preserve the primary school program.  The district may also give               
preference to a secondary school teacher over a primary school                 
teacher with more seniority in order to preserve secondary school              
programs.                                                                      
	(d)  Notwithstanding any provision of AS23.40, the terms of                  
a collective bargaining agreement entered into between a school                
district or regional educational attendance area and a bargaining              
organization representing teachers on or after the effective date of           
this section may not be inconsistent with the provisions of this               
section.                                                                       
	(e)  A teacher on layoff status is not entitled to be reemployed             
under AS14.20.145 and does not accrue leave.  However, layoff                  
status does not constitute a break in service for                              
		(1)  retaining acquired tenure rights; or                                   
	(2)  retaining accrued sick leave.                                          
	(f)  A teacher on layoff status may choose whether or not to                 
treat the layoff as a termination for purposes of receiving a refund           
of the balance of the teacher's member contribution account in the             
teachers' retirement system under AS14.25.150.                                 
   * Sec. 6.  AS14.20.180(b) is amended to read:                             
	(b)  The tenured teacher may, within 15 days immediately                     
following receipt of the notification, notify the employer in writing          
that a hearing before the school board is requested or, within 60           

1996-03-25                     House Journal                      Page 3337
HB 465                                                                        
days after receipt of the notification, bring suit in superior                
court.  If the tenured teacher notifies the school board that the              
teacher is requesting a hearing before the school board, the ª.              
THE TENUREDß teacher may require in the notification that the                  
hearing be either public or private and that the hearing be under              
oath or affirmation.  The notification may also require that the               
right of cross-examination be provided and that the tenured teacher            
be represented by counsel and have the right to subpoena a person              
who has made allegations that are used as a basis for the decision             
of the employer.                                                               
   * Sec. 7.  AS14.20.205 is amended to read:                                
	Sec. 14.20.205.  JUDICIAL REVIEW.  If a school board                         
reaches a decision unfavorable to a teacher after a hearing under            
AS14.20.180, the teacher is entitled to judicial review based on           
the record ªA DE NOVO TRIALß in the superior court.                          
However, a teacher who has not attained tenure rights is not                   
entitled to judicial review under ªACCORDING TOß this section.             
   * Sec. 8.  AS 23.40 is amended by adding a new section to read:           
	Sec. 23.40.185.  INITIAL PROPOSALS AND FINAL                                 
AGREEMENTS OF SCHOOL NEGOTIATIONS ARE PUBLIC                                   
DOCUMENTS.  The initial proposals exchanged by the parties to                  
negotiations between a school district or a regional educational               
attendance area and a bargaining organization representing its                 
employees and the final agreements reached by the parties are                  
public records.                                                                
   * Sec. 9.  FINDINGS AND PURPOSE ASTO SECTIONS 10 - 17.                    
Many school districts are facing the need to restructure their operations      
and their work forces in order to reduce expenditures and balance              
budgets.  Retirement incentives are management tools that have been            
used extensively by the private sector, the federal government, and            
other state and local governments across the country.  The purpose of          
secs. 10 - 17 of this Act is to make this management tool temporarily          
available to the public schools and regional resource centers of the           
state.  Sections 10 - 17 of this Act will enable these entities to be more     
efficient and cost-effective by eliminating certain nonessential               
positions, and producing a net reduction in personnel costs.                   
   * Sec. 10.  RETIREMENT INCENTIVE PROGRAM.  (a)  A school                  
district, regional educational attendance area, regional resource center,      
or the state boarding school may adopt a retirement incentive plan             
                                                                               

1996-03-25                     House Journal                      Page 3338
HB 465                                                                       
under sec.11 of this Act and designate categories of employees                 
eligible to participate in that plan.  An employer need not extend the         
incentive plan to all employees who would otherwise be eligible, but           
may choose to extend the plan only to employees                                
		(1)  in specific budget or administrative components of the                  
employer;                                                                      
		(2)  in specific job classifications;                                        
		(3)  in specific geographic locations; or                                    
		(4)  on the basis of any combination of factors under (1) - (3)              
of this subsection.                                                            
(b)  An employee is eligible to participate in a retirement incentive          
plan under secs.9 - 17 of this Act only if the                                 
		(1)  employee is a vested member of the public employees'                    
retirement system or the teachers' retirement system;                          
		(2)  employee will be qualified to retire under AS14.25.110                  
or AS39.35.370 after receipt of the credit described in (f) of this            
section;                                                                       
		(3)  savings to the employer in personal services costs for the              
employee's position will exceed the costs to the employer for that             
position within three years after the employee is appointed to                 
retirement.                                                                    
(c)  An employer shall file its proposed retirement incentive plan             
with the commissioner of administration.  The commissioner shall               
approve the plan if the plan meets the requirements of secs.9 - 17 of          
this Act.  A proposed plan filed under this section must                       
(1)  identify job classifications of employees, and specific                   
budget or administrative components, eligible to participate in the plan;      
(2)  include a reimbursement agreement that                                    
(A)  requires the employer, for each employee who retires                     
under the plan, to reimburse the appropriate retirement system,                
within three years after the end of the fiscal year in which the               
employee is appointed to retirement, in an amount equal to                     
(i)  the actuarial equivalent of the difference between                      
the benefits the participant receives after the addition of the                
credit under (f) of this section and the amount the participant                
would have received without the credit, less the amount the                    
participant has paid on the indebtedness determined under (d)                  
or (e) of this section; and                                                    
(ii)  an appropriate share of the administrative costs                       
of the program; and                                                            

1996-03-25                     House Journal                      Page 3339
HB 465                                                                       
(B)  provides that contributions from the employer under                      
this section take priority over other obligations of the employer to           
the maximum extent permitted by law.                                           
(d)  A member of the teachers' retirement system who participates              
in an approved retirement incentive plan under secs.9 - 17 of this Act         
is indebted to that system for an amount calculated under this                 
subsection.  The indebtedness is 25.95 percent of the member's actual          
compensation for the school year in which the member terminates                
employment, or the calculated school year compensation for a member            
who works less than the entire school year.  An outstanding                    
indebtedness at the time a member is appointed to retirement under an          
approved retirement incentive plan requires an actuarial adjustment to         
the benefits payable to that member.                                           
(e)  A member of the public employees' retirement system who                   
participates in an approved retirement incentive plan under secs.9 - 17        
of this Act is indebted to that system for an amount calculated under          
this subsection.  The indebtedness is 20-1/4 percent of the member's           
actual annual compensation for the year in which the member                    
terminates employment, or the calculated annual compensation for a             
member who works fewer than 12 months.  An outstanding                         
indebtedness at the time a member is appointed to retirement under an          
approved retirement incentive plan requires  an actuarial adjustment to        
the benefits payable to that member.                                           
(f)  An employee who participates in an approved retirement                    
incentive plan under secs.9 - 17 of this Act receives a credit of three        
years.  The three years must be applied in the following order until           
exhausted:                                                                     
(1)  to meet the age or service required for eligibility for                   
normal retirement under AS14.25.110 or AS39.35.370, as                         
appropriate;                                                                   
(2)  to meet the age required for early retirement under                       
AS14.25.110 or AS39.35.370, as appropriate;                                    
(3)  to reduce the actuarial adjustment required for early re-                 
                                                                               
tirement under AS14.25.110 or AS39.35.370, as appropriate;                     
(4)  as years of credited service for calculating retirement                   
benefits.                                                                      
   * Sec. 11.  AUTHORIZATION FOR RETIREMENT INCENTIVE.                       
(a)  An employer may adopt, and file with the commissioner of                  
administration for approval, a proposed retirement incentive plan for          
                                                                               

1996-03-25                     House Journal                      Page 3340
HB 465                                                                       
its employees.  A plan adopted under this section must provide that the        
application period for participation in the retirement incentive plan is       
June30, 1996, through February28, 1997.                                        
(b)  The commissioner of administration may not accept the                     
application of an employee to participate in an approved retirement            
incentive plan adopted under this section unless the employee will be          
appointed to retirement on or before August1, 1997.  The employer,             
in a plan adopted under this section, may set an earlier date by which         
an employee must be appointed to retirement in order to participate in         
the plan.                                                                      
   * Sec. 12.  RECOVERY OF EMPLOYER DELINQUENCIES.  To                       
recover a delinquency owed by an employer other than the state under           
an agreement entered into under sec.10(c)(2) of this Act, the                  
Department of Administration may                                               
(1)  direct that the amount of the delinquency or a lesser                     
amount be withheld from any money payable to the employer by a                 
state department or agency and that the amount withheld be credited            
to the delinquency; and                                                        
		(2) bring an action against the employer.                                    
   * Sec. 13.  REEMPLOYMENT INDEBTEDNESS; PROHIBITION                        
ON REEMPLOYMENT.  (a)  If an individual is reemployed as a                     
member of the public employees' retirement system under AS39.35,               
the teachers' retirement system under AS14.25, the judicial retirement         
system under AS22.25, or the optional university retirement program            
under AS14.40.661- 14.40.799 after appointment to retirement under             
secs.9 - 17 of this Act, that individual forfeits the incentive credit         
received under sec.10(f) of this Act and is indebted to the system             
under which the individual took retirement.  The indebtedness is 110           
percent of the amount the individual received as a result of                   
participation in a retirement incentive plan under secs.9 - 17 of this         
Act and to which the individual would not otherwise have been                  
entitled, including the cost of health insurance.  The amount that the         
individual has paid under sec. 10(d) or (e) of this Act will be applied        
as a credit toward the reemployment indebtedness.  Interest on the             
reemployment indebtedness accrues from the date of reemployment                
until the date that the individual either is appointed to retirement and       
accepts an actuarial adjustment to the individual's future benefits or         
repays the indebtedness in full.  The rate of interest is that established     
by regulation for the public employees' retirement system by the               
                                                                               

1996-03-25                     House Journal                      Page 3341
HB 465                                                                       
public employees' retirement board and for the teachers' retirement            
system by the teachers' retirement board.                                      
	(b)  An individual who was appointed to retirement under secs.9 -             
17 of this Act may not be employed by, or enter into a contract for            
personal services with, a state agency or the University of Alaska             
within the three years after the date of appointment to retirement,            
except that                                                                    
		(1)  the University of Alaska may enter into a personal                      
services contract with the individual for teaching or research; and            
		(2)  the individual may accept employment with the legislature               
during a legislative session if the employment is on an hourly basis           
and does not entitle the individual to receive retirement, health, or          
leave benefits.                                                                
	(c)  Notwithstanding the prohibition in (b) of this section, a state          
agency or the University of Alaska may enter into a personal services          
contract with an individual who was  appointed to retirement under             
secs.9 - 17 of this Act if the Board of Regents, for the University of         
Alaska, or the commissioner of administration, for a state agency,             
determines that there is a compelling reason to do so because of the           
individual's specialized or extensive experience that relates to a             
particular program or project of the state agency or university.               
   * Sec. 14.  OFFICE OF MANAGEMENT AND BUDGET.  (a)  The                    
office of management and budget shall submit a report to the                   
legislature on the retirement incentive program under secs.9 - 17 of           
this Act on April 15, 1998.  The report must provide the information           
necessary for the legislature to evaluate the effectiveness of the             
programs in achieving their objectives.                                        
   * Sec. 15.  PROGRAM CHANGES.  (a)  An individual employee                 
does not have a vested or contractual right to a benefit under secs.9 -        
17 of this Act until an agreement is executed with the administrator           
that specifically authorizes that employee to participate in the               
retirement incentive program under secs.9 - 17 of this Act. The                
legislature reserves the right to change any aspect of the retirement          
incentive program as it relates to employees for whom participation            
agreements have not yet been executed with the administrator or with           
the commissioner of administration.                                            
	(b)  In this section, "administrator" means the administrator of the          
public employees' retirement system for employees who are members              
of that system, and the administrator of the teachers' retirement system       
for employees who are members of that system.                                  

1996-03-25                     House Journal                      Page 3342
HB 465                                                                       
   * Sec. 16.  REGULATIONS.  The commissioner of the Department              
of Administration may adopt regulations under AS44.62                          
(Administrative Procedure Act) to implement and interpret secs.9 - 17          
of this Act.                                                                   
   * Sec. 17.  DEFINITIONS.  (a)  Unless provided otherwise in               
secs.9 - 17 of this Act, the definitions set out in AS14.25.220 apply          
to provisions in secs.10- 13 of this Act that relate to the teachers'          
retirement system and members of the teachers' retirement system.              
	(b)  Unless provided otherwise in secs.9 - 17 of this Act, the                
definitions set out in AS39.35.680 apply to provisions in secs.10 - 13         
of this Act that relate to the public employees' retirement system and         
members of the public employees' retirement system.                            
	(c)  In secs.9 - 17 of this Act,                                              
		(1)  "employer" means a school district, regional educational                
attendance area, regional resource center, or the state boarding school;       
		(2)  "office of management and budget" means the office of                   
management and budget in the Office of the Governor;                           
		(3)  "public employees' retirement system" means the Public                  
Employees' Retirement System of Alaska (AS39.35);                              
		(4)  "teachers' retirement system" means the Teachers'                       
Retirement System of Alaska (AS14.25).                                         
   * Sec. 18.  The amendments made by secs. 1 and 2 of this Act              
apply to teachers first hired by a school district on or after the effective   
date of this Act.                                                              
   * Sec. 19.  Sections 10 and 11 of this Act are repealed July 1,           
1998."                                                                         
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 17 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  Shall Amendment No. 17 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
YEAS:  12   NAYS:  28   EXCUSED:  0   ABSENT:  0                             

1996-03-25                     House Journal                      Page 3343
HB 465                                                                       
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Willis                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses,                 
Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,          
Therriault, Toohey, Vezey, Williams                                            
                                                                               
And so, Amendment No. 17 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 18 was offered by Representative Davies:                         
                                                                               
Page 1, line 11:                                                               
	Delete "AS 14.20.177(e)"                                                  
	Insert "the school district's layoff procedures negotiated under            
AS 14.20.177"                                                                
                                                                               
Page 5, line 10, after "provided":                                         
	Insert "in layoff procedures negotiated"                                  
                                                                               
Page 5, line 31, through page 7, line 12:                                      
	Delete all material all material and insert:                                  
	"Sec. 14.20.177.  NEGOTIATED LAYOFF AND RECALL                               
PROCEDURES.  The school board and the employee bargaining                      
organization representing certificated employees shall adopt as part           
of the negotiated agreement covering the employment of the                     
certificated employees procedures for the layoff and recall of the             
employees.  The procedures shall provide that a school district                
may only lay off certificated employees if there is a demonstrated             
reduction in school revenue or if the reduction in staff is necessary          
because of a decrease in school attendance."                                   
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 18 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
Representative Martin placed a call of the House.                              
                                                                               
The call was satisfied.                                                        

1996-03-25                     House Journal                      Page 3344
HB 465                                                                       
The question being:  Shall Amendment No. 18 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  16   NAYS:  24   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Sanders,                
Williams, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Nicholia,            
Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey           
                                                                               
And so, Amendment No. 18 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 19 was offered by Representative Brice:                          
                                                                               
Page 5, following line 10:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 7.  AS 14.20.160 is amended by adding a new subsection to         
read:                                                                          
	(b)  An administrator loses tenure rights unless the                         
administrator performs teaching services as required by this                   
subsection.  To retain tenure rights, an administrator must show               
that, within the last five years, the administrator has performed              
classroom teaching services in the area of the administrator's                 
endorsement equal in time to at least 1/5 of the instructional day             
for each instructional day of a school year or an equivalent amount            
of time in more than one school year.  However, the administrator              
may count instructional time in no more than four quarters over                
the five-year period in satisfying the requirement of this                     
subsection."                                                                   
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 19 be adopted.                                                   

1996-03-25                     House Journal                      Page 3345
HB 465                                                                       
Representative Barnes objected.                                                
                                                                               
The question being:  Shall Amendment No. 19 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  8   NAYS:  32   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Robinson,            
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green,               
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie,          
Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell,                
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams                                                                       
                                                                               
And so, Amendment No. 19 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 20 was offered by Representative Brice:                          
                                                                               
Page 1, line 2, after "bargaining" (title amendment):                        
	Insert "; and relating to unemployment compensation for                      
certain employees of educational institutions;"                               
                                                                               
Page 8, after line 15:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 11.  AS23.20.354(b) is amended to read:                           
	(b)  An individual who has otherwise satisfied the                           
requirements of this chapter for the receipt of regular benefits is            
eligible for state interim benefits if                                         
		ª(1)  THE INDIVIDUAL'S WEEKLY BENEFIT                                       
AMOUNT PAYABLE UNDER THIS CHAPTER IS REDUCED                                   
OR DENIED UNDER AS23.20.381(h); OR                                             
		(2)ß  the individual is a noncertificated individual who                    
provides compensated service to a school district for teaching                 
indigenous languages and the individual's weekly benefit amount                

1996-03-25                     House Journal                      Page 3346
HB 465                                                                       
payable under this chapter is reduced or denied under                         
AS23.20.381(e).                                                                
   * Sec. 12.  AS23.20.354(c) is amended to read:                            
	(c)  The amount of state interim benefits payable to an                      
individual for a week is equal to the difference between the                   
individual's weekly benefit amount, including the dependents                   
allowance, established under AS23.20.350 and the individual's                  
weekly benefit amount, including the dependents allowance,                     
payable for that week under AS23.20.381(e) ªOR 23.20.381(h)ß.                  
The total amount of state interim benefits paid may not exceed the             
total amount of regular benefits denied solely under                           
AS23.20.381(e) ªOR 23.20.381(h)ß.                                              
   * Sec. 13.  AS23.20.381(i) is amended to read:                            
	(i)  Benefits based on services described in (e) ªAND (h)ß of                
this section may not be paid to an individual for a week that                  
begins during an established and customary vacation period or                  
holiday recess if the individual performs those services in the                
period immediately before the vacation period recess and there is              
a reasonable assurance that the individual will perform those                  
services in the period immediately following the vacation period               
or holiday recess.                                                             
   * Sec. 14.  AS23.20.381(j) is amended to read:                            
	(j)  Benefits based on services described in (e) ªAND (h)ß of                
this section shall be denied under (e) ª, (h),ß and (i) of this section        
to an individual who performed those services in an educational                
institution while in the employ of an educational service agency.              
In this subsection, "educational service agency" means a                       
governmental agency or governmental entity that is established and             
operated exclusively for the purpose of providing services to one              
or more educational institution."                                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 8, line 24:                                                               
	Delete "is"                                                                   
	Insert "and AS 23.20.381(h) are"                                              
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 20 be adopted.                                                   
                                                                               

1996-03-25                     House Journal                      Page 3347
HB 465                                                                       
Representative Barnes objected.                                                
                                                                               
The question being:  Shall Amendment No. 20 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 20                                                               
                                                                               
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, James,           
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green,              
Hanley, Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,              
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
And so, Amendment No. 20 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 21 was offered by Representative Davies:                         
                                                                               
Page 1, following line 3:                                                      
	Insert a new bill section to read:                                            
   "* Section 1.  AS 14.20.130 is amended by adding a new subsection         
to read:                                                                       
	(b)  Beginning on the effective date of this section, a school               
district may not issue an employment contract to a certificated                
teacher unless the teacher holds an endorsement for that position.             
However, this subsection does not apply to a teacher who was first             
hired by the district before the effective date of this section and            
who is rehired by a school district after a layoff under AS                    
14.20.177."                                                                    
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1"                                                          
	Insert "Sec. 2"                                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1996-03-25                     House Journal                      Page 3348
HB 465                                                                       
Page 6, lines 11 -13:                                                          
	Delete "However, a school district may retain a nontenured teacher            
and place on layoff status a tenured teacher if there is no tenured            
teacher in the district who is qualified to replace the nontenured             
teacher."                                                                      
                                                                               
Page 6, lines 14 - 27:                                                         
	Delete all material.                                                          
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Page 6, lines 30 - 31:                                                         
	Delete "for which the teacher is qualified"                                   
                                                                               
Page 8, line 26:                                                               
	Delete "secs. 2 and 4"                                                        
	Insert "secs. 3 and 5"                                                        
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 21 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 21 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 21                                                               
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton,                    
Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Navarre,                
Robinson, Williams, Willis                                                     
                                                                               
Nays:  Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly,          
Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan, Parnell,                 
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                 
                                                                               
And so, Amendment No. 21 was not adopted.                                      
                                                                               

1996-03-25                     House Journal                      Page 3349
HB 465                                                                       
Amendment No. 22 was offered by Representative Brown:                          
                                                                               
Page 6, line 9, after "(c)":                                                   
	Insert "A school district that intends to place a tenured teacher on          
layoff status shall provide the teacher with at least 12 months' notice        
of the intended layoff."                                                       
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 22 be adopted.                                                   
                                                                               
Representative Martin objected.                                                
                                                                               
Representative Brown moved and asked unanimous consent to                      
withdraw Amendment No. 22.  There being no objection, it was so                
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 23 was offered by Representative Brice:                          
                                                                               
Page 1, line 2, after "bargaining" (title amendment):                        
	Insert "; and requiring school districts and regional educational            
attendance areas to pay for the cost of certain immunizations for              
certain employees;"                                                           
                                                                               
Page 1, after line 3:                                                          
	Insert a new bill section to read:                                            
   "* Section 1.  AS14.03 is amended by adding a new section to              
read:                                                                          
	Sec. 14.03.155.  PAYMENT FOR IMMUNIZATIONS.  A                               
school district or regional educational attendance area shall pay for          
the cost of immunizations against blood borne pathogens for an                 
employee who requests that the school district or regional                     
educational attendance area do so."                                            
                                                                               
Page 1, line 4:                                                                
	Delete "* Section 1"                                                        
	Insert "* Sec. 2"                                                           
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1996-03-25                     House Journal                      Page 3350
HB 465                                                                       
Page 8, line 26:                                                               
	Delete "secs. 2 and 4"                                                        
	Insert "secs. 3 and 5"                                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 23 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker ruled Amendment No. 23 out of order.                               
                                                                               
                                                                               
Amendment No. 24 was offered by Representative Brown:                          
                                                                               
Page 1, line 11:                                                               
	Delete "AS 14.20.177(e)"                                                  
	Insert "AS 14.20.177(h)"                                                  
                                                                               
                                                                               
Page 6, after line 8:                                                          
	Insert new subsections to read:                                               
	"(c)  Before a school district lays off classroom teachers, the              
school board must show                                                         
		(1)  the ways in which it has addressed the need for                        
additional revenue for the district, including efforts to seek                 
additional revenue from the local and state governments;                       
		(2)  that the layoff plan has attempted to reduce the                       
number of administrators employed by the district proportionally               
to the number of classroom teachers who have been laid off;                    
		(3)  how the school district has implemented cost-saving                    
measures and reduced expenses, including any reduction in                      
benefits provided to school board members;                                     
		(4)  the projected effect of the implementation of the                      
layoff plan on the instructional program and class size by                     
academic and program area.                                                     
	(d)  A school district that has implemented a layoff plan shall              
report to the department each year                                             
		(1)  the wages, terms, and conditions contained in the                      
employment contract between the superintendent and the school                  
district or contained in any other agreements between the                      
                                                                               

1996-03-25                     House Journal                      Page 3351
HB 465                                                                       
superintendent and the school district that relate to wages, terms,           
or conditions of employment of the superintendent;                             
		(2)  a list of the teachers laid off, including the name of                 
the teacher, the amount of salary paid each teacher, the total years           
of experience in teaching and in teaching in the district that the             
teacher had before layoff, and the subject area endorsements and               
certifications of the teacher; the list must identify any laid off             
teacher who has since been rehired by the district.                            
	(e)  If an employee bargaining organization believes that a                  
school board has failed to make a good faith effort to limit the               
number of tenured teacher layoffs to the minimum needed to                     
respond to the situation facing the school district, the organization          
may grieve the district's layoff plan under the provisions of the              
collective bargaining agreement."                                              
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 24 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall Amendment No. 24 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 24                                                               
                                                                               
YEAS:  15   NAYS:  25   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Masek, Navarre, Nicholia, Robinson, Williams, Willis           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder,                
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
                                                                               
And so, Amendment No. 24 was not adopted.                                      
                                                                               

1996-03-25                     House Journal                      Page 3352
HB 465                                                                       
Amendment No. 25 was offered by Representative Brice:                          
                                                                               
Page 7, line 29:                                                               
	After "is":                                                                   
	Insert "either invoking the grievance procedures under the district's         
collective bargaining agreement or is"                                         
	After the period:                                                             
	Insert "(d)"                                                                  
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 7, line 30, after "hearing":                                              
	Insert "before the school board"                                              
                                                                               
Page 8, line 13, after "right":                                                
	Insert "to a grievance procedure or"                                          
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 25 be adopted.                                                   
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  Shall Amendment No. 25 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 25                                                               
                                                                               
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Robinson,                   
Sanders, Williams, Willis                                                      
                                                                               
Nays:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Long, Martin, Moses, Mulder, Nicholia, Ogan,            
Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                 
                                                                               

1996-03-25                     House Journal                      Page 3353
HB 465                                                                       
And so, Amendment No. 25 was not adopted.