Legislature(1995 - 1996)

1996-04-24 Senate Journal

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1996-04-24                     Senate Journal                      Page 3530
HB 465                                                                       
CS FOR HOUSE BILL NO. 465(HES) am An Act relating to                           
employment of teachers and school administrators and to public                 
school collective bargaining was read the second time.                         
                                                                               
Senator Miller moved and asked unanimous consent for the adoption              
of the Rules Senate Committee Substitute offered on page 3493.                 
Without objection, SENATE CS FOR CS FOR HOUSE BILL NO.                         
465(RLS) An Act relating to employment of teachers and school                  
administrators and to public school collective bargaining; and                 
providing for an effective date was adopted and read the second                
time.                                                                          
                                                                               
Senator Salo offered Amendment No. 1:                                          
                                                                               
Page 5, line 6, following "(c)":                                               
	Insert "or (d)"                                                               
                                                                               
Page 5, following line 25:                                                     
	Insert a new subsection to read:                                              
	"(d)  A teacher who has acquired tenure in a school district                  
in the state and who loses tenure in the district because of a break           
in service may acquire tenure in that school district or another school        
district under this subsection if the break in service was not the             
result of a dismissal under AS 14.20.170 or nonretention under AS              
14.20.175 and did not last longer than one year.  A break in service           
that begins on or after the last day of a school district's instructional      
days for a school year but before the first instructional day of the           
next school year will be considered to have lasted no longer than              
one year if the teacher is employed on the first instructional day of          
the school year that begins more than 12 but not more than 16                  
months after the beginning of the break in service.  A previously              
tenured teacher acquires tenure in a school district under this                
subsection when the teacher                                                    
		(1)  possesses a valid teaching certificate that                             
authorizes the teacher to be employed as a certificated teacher or as          
an administrator under regulations adopted by the department;                  
                                                                               
                                                                               

1996-04-24                     Senate Journal                      Page 3531
HB 465                                                                       
		(2)  has been employed as a teacher in the district                          
continuously for one full school year after a break in service that            
does not exceed the time limits set out in this subsection;                    
		(3)  receives, under the district's evaluation system,                       
an acceptable evaluation from the district; and                                
		(4)  on or before October 15 of the school year,                             
		(A)  accepts a contract for employment as                                   
a teacher in the district for a second consecutive school                      
year; and                                                                      
		(B)  performs a day of teaching services in                                 
the district during that school year."                                         
                                                                               
Senator Salo moved for the adoption of Amendment No. 1.  Senator               
Green objected.                                                                
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 465(RLS)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln,                  
R.Phillips, Salo, Zharoff                                                      
                                                                               
Nays:  Frank, Green, Halford, Leman, Miller, Pearce, Rieger, Sharp,            
Taylor, Torgerson                                                              
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Salo offered Amendment No. 2:                                          
                                                                               
Page 6, line 17 after standards                                                
	Insert                                                                        
and is unable or fails, intentionally or unintentionally, to                 
perform the teacher's customary teaching duties in a satisfactory              
manner                                                                       
                                                                               
Senator Salo moved for the adoption of Amendment No. 2.  Senator               
Green objected.                                                                

1996-04-24                     Senate Journal                      Page 3532
HB 465                                                                       
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 465(RLS)                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo,            
Torgerson, Zharoff                                                             
                                                                               
Nays:  Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips,               
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3:                                        
                                                                               
Page 7, line 26, following "evaluation":                                       
	Insert "from that district or another district in the state"                  
                                                                               
Page 7, line 27, following  "standards":                                       
	Insert "or, if the district did not have performance standards                
at the time the evaluation was performed, was satisfactory or                  
acceptable"                                                                    
                                                                               
Page 8, line 1, following "evaluation":                                        
	Insert "from that district or another district in the state"                  
                                                                               
Page 8, line 2, following "standards":                                         
	Insert "or, if the district did not have performance standards                
at the time the evaluation was performed, was satisfactory or                  
acceptable"                                                                    
                                                                               
Senator Duncan moved for the adoption of Amendment No. 3.                      
Senator Green objected.                                                        
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-04-24                     Senate Journal                      Page 3533
HB 465                                                                       
                                                                               
SCS CSHB 465(RLS)                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
R.Phillips, Salo, Zharoff                                                      
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Rieger, Sharp,             
Taylor, Torgerson                                                              
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Miller offered Amendment No. 4:                                        
                                                                               
Page 4, line 15, following place:                                              
	Delete a tenured administrator                                                
	Insert an administrator who has previously acquired 	                         
tenure,                                                                        
                                                                               
Senator Miller moved for the adoption of Amendment No. 4.                      
Senator Duncan objected, then withdrew his objection.   There being            
no further objections, Amendment No. 4 was adopted.                            
                                                                               
Senator Phillips offered Amendment No. 5:                                      
                                                                               
Page 3, line 4, following "workplace.":                                        
	Insert "As part of the evaluation of an administrator, the                    
school district shall thoroughly address each formal complaint                 
concerning the administrator received since the last evaluation                
period."                                                                       
                                                                               
Senator Phillips moved for the adoption of Amendment No. 5.                    
Senator Duncan objected.                                                       
                                                                               
Senator Phillips moved and asked unanimous consent to withdraw                 
Amendment No. 5.  Without objection, it was so ordered.                        
                                                                               
                                                                               

1996-04-24                     Senate Journal                      Page 3534
HB 465                                                                       
Senator Rieger offered Amendment No. 6:                                        
                                                                               
Page 10, following line 7:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 13.  AS14.20 is amended by adding a new section to                
read:                                                                          
	Sec. 14.20.221.  REWARDING AND PREPARING                                      
EXCEPTIONAL TEACHERS.  (a)  A school district may establish                    
a system of pay raises and promotions that includes advancement                
based on teaching performance.  To determine whether a teacher                 
should receive a pay raise or receive a promotion, the district shall          
provide an evaluation and recommendation system.  A teaching                   
performance evaluation and recommendation under this subsection                
may be performed by other teachers employed in the same district               
and by the school district.                                                    
	(b)  A school district may establish master teacher positions                 
that have instructional mentoring responsibilities to other teachers and       
that have reduced direct instructional workloads accordingly.  The             
school district may select master teachers based on teaching                   
performance evaluations and recommendations made by teachers in                
the district and by the school district.  If the district has developed        
a master teacher evaluation system under (a) of this subsection, the           
school district may use that system for selecting master teachers              
under this subsection.  A school district that has not chosen to               
implement a teaching performance evaluation system under (a) of this           
section and that chooses to establish master teacher positions under           
this subsection shall develop an evaluation and recommendation                 
system.                                                                        
	(c)  This section is not exempt from the provisions of                        
AS23.40.070- 23.40.260 (Public Employment Relations Act)."                     
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Rieger moved for the adoption of Amendment No. 6.                      
Senator Salo objected.                                                         
                                                                               
                                                                               

1996-04-24                     Senate Journal                      Page 3535
HB 465                                                                       
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 465(RLS) am S                                                         
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Halford, Hoffman, Leman, Miller, R.Phillips, Rieger, Taylor,            
Torgerson                                                                      
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Green, Kelly, Lincoln,             
Pearce, Salo, Sharp, Zharoff                                                   
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 465(RLS) am S                                                         
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S will                         
appear on the April 25 calendar.