HB 85: "An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date."
00HOUSE BILL NO. 85 01 "An Act relating to licensure and professional discipline of members of the 02 teaching profession and providing for related penalties; relating to grounds for 03 dismissal of a teacher; relating to the Professional Teaching Practices 04 Commission; relating to limited immunity for procedures under the Educator 05 Ethics Act; making conforming amendments; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.20.020(a) is amended to read: 09 (a) Except as provided in AS 14.20.029 [(f) OF THIS SECTION], the 10 department shall issue a license [TEACHER CERTIFICATE] to every person who 11 meets the requirements in (b), (c), and (h) of this section. 12 * Sec. 2. AS 14.20 is amended by adding a new section to read: 13 Sec. 14.20.022. Criminal history background check. (a) The department 14 shall require an applicant for a license to submit two legible copies of the applicant's
01 fingerprints to be used by the Department of Public Safety and the Federal Bureau of 02 Investigation for a criminal history background check, including searches of the 03 applicant's criminal history record information, as that term is defined in 04 AS 12.62.900, and for any findings of not guilty by reason of insanity. 05 (b) The department may not issue a license to an applicant until the Department 06 of Public Safety and the Federal Bureau of Investigation have reported back to the 07 department on the criminal history background of the applicant and the department has 08 reviewed the reports to determine the applicant's suitability for licensing under this 09 chapter. However, if the applicant meets the requirements of AS 14.20.020, the 10 department may issue a temporary teacher permit that is valid only until the 11 department has reviewed the criminal history background reports received under this 12 section and has determined the applicant's suitability for licensing under this chapter. 13 The department may establish fees for a temporary teacher permit in the manner 14 provided in AS 14.20.020(c) for licenses. 15 (c) The provisions of (a) and (b) of this section apply to renewal of a license 16 if the department, by regulation, requires a criminal history background check before 17 a license may be renewed. 18 * Sec. 3. AS 14.20 is amended by adding a new section to read: 19 Sec. 14.20.029. Grounds for denial of or conditions on a license. (a) The 20 department shall deny issuance or renewal of a license to a person 21 (1) who does not meet the requirements of AS 14.20.020; 22 (2) who has been convicted of a crime, or an attempt, solicitation, or 23 conspiracy to commit a crime, or found not guilty by reason of insanity of committing 24 a crime, involving a minor under AS 11.41.410 - 11.41.460 or a law or ordinance in 25 another jurisdiction with elements similar to an offense described in this paragraph; 26 (3) whose license has been revoked or suspended under this title unless 27 that person's license or eligibility to apply for a new license has been reinstated under 28 AS 14.20.378. 29 (b) The department may deny issuance or renewal of a license to an applicant 30 (1) whose criminal history is determined by the department to be 31 materially inconsistent with statements made in the person's application;
01 (2) who, while under investigation, has surrendered to a licensing 02 agency an authorization to teach if the authorization has not been reinstated or a new 03 authorization issued in that jurisdiction; 04 (3) whose authorization to teach was revoked or suspended in another 05 jurisdiction; 06 (4) for the same reasons that disciplinary sanctions may be imposed 07 under AS 14.20.372; or 08 (5) who has failed to meet or otherwise comply with a condition 09 imposed by the department or the Educator Ethics Commission under (e) of this 10 section or by the Educator Ethics Commission under AS 14.20.375(c). 11 (c) The department may suspend processing of an application for a license 12 until the applicant has demonstrated that the applicant is not the subject of an 13 unresolved 14 (1) criminal proceeding relating to suitability for licensing under this 15 chapter; or 16 (2) complaint, review procedure, or disciplinary proceeding by a 17 licensing agency. 18 (d) The department, or the Educator Ethics Commission after hearing and 19 decision under AS 14.20.460(4), may impose conditions or restrictions on a license 20 issued or renewed under AS 14.20.010 - 14.20.040 if 21 (1) the applicant is physically or mentally incapable of performing 22 some, but not all, of the functions of the teaching profession; 23 (2) a licensing agency has disciplined the applicant, including 24 canceling, revoking, suspending, conditioning, or restricting the applicant's 25 authorization to teach; has denied the applicant an authorization to teach; or has 26 accepted the surrender of the applicant's authorization to teach while that person was 27 under investigation; or 28 (3) the conditions or restrictions are otherwise in the best interests of 29 the public. 30 (e) In the department's decision under (b) of this section, or the Educator 31 Ethics Commission's decision under AS 14.20.460(4), denying issuance or renewal of
01 a license, the department or the commission, respectively, may place conditions on the 02 person's reapplication for a license. A person who has been denied issuance or 03 renewal of a license under (b) of this section or under AS 14.20.460(4) may not 04 reapply for licensure sooner than one year after the denial unless a shorter time period 05 for reapplication has been ordered by the department or by the Educator Ethics 06 Commission in the decision denying the license. When reapplying for licensure, the 07 person must include with the application evidence that since the denial a change of 08 circumstance has occurred that supports licensure. 09 (f) The department's denial of a license under (a) of this section is final and 10 reviewable in accordance with AS 44.62.560 - 44.62.570. An applicant may appeal 11 to the Educator Ethics Commission the denial of a license under (b) of this section, or 12 conditions or restrictions placed on a license under (d) of this section. The 13 commission's decision on the appeal is final and reviewable in accordance with 14 AS 44.62.560 - 44.62.570. 15 (g) The department shall report a final decision denying a license under (a)(2) 16 or (b) of this section, or placing conditions or restrictions on a license under (d) of this 17 section, to any national clearinghouse that maintains records of professional discipline 18 against members of the teaching profession. 19 * Sec. 4. AS 14.20.040 is amended to read: 20 Sec. 14.20.040. Applicability of the Administrative Procedure Act. Except 21 where a different procedure is provided in AS 14.20.029, the provisions of 22 AS 44.62 (Administrative Procedure Act) apply [APPLIES] to all proceedings under 23 AS 14.20.029 [AS 14.20.030, AND REVOCATIONS AND SUSPENSIONS ARE 24 FINAL AND REVIEWABLE IN ACCORDANCE WITH AS 44.62.560 - 44.62.570]. 25 * Sec. 5. AS 14.20.170(a) is amended to read: 26 (a) A teacher, including a teacher who has acquired tenure rights, may be 27 dismissed at any time only for the following causes: 28 (1) a ground for discipline listed in AS 14.20.372(a)(1) - (5) 29 [INCOMPETENCY, WHICH IS DEFINED AS THE INABILITY OR THE 30 UNINTENTIONAL OR INTENTIONAL FAILURE TO PERFORM THE 31 TEACHER'S CUSTOMARY TEACHING DUTIES IN A SATISFACTORY
01 MANNER; 02 (2) IMMORALITY, WHICH IS DEFINED AS THE COMMISSION 03 OF AN ACT THAT, UNDER THE LAWS OF THE STATE, CONSTITUTES A 04 CRIME INVOLVING MORAL TURPITUDE]; or 05 (2) [(3)] substantial noncompliance with the [SCHOOL LAWS OF THE 06 STATE, THE REGULATIONS OR BYLAWS OF THE DEPARTMENT, THE] 07 bylaws of the district [,] or the written rules of the superintendent. 08 * Sec. 6. AS 14.20 is amended by adding new sections to read: 09 Sec. 14.20.372. Grounds for discipline. (a) The commissioner or the 10 Educator Ethics Commission may take disciplinary action as provided in AS 14.20.375 11 regarding a member of the teaching profession for the following reasons: 12 (1) incompetency, which is defined as the inability or the unintentional 13 or intentional failure to perform the teacher's customary teaching duties in a 14 satisfactory manner; 15 (2) immorality, which is defined as the commission of an act that, 16 under the laws of the state, constitutes a crime involving moral turpitude as defined 17 by the commission in regulation; 18 (3) substantial noncompliance with the school laws of the state or the 19 regulations of the department; 20 (4) upon a determination by the commission that there has been a 21 violation of ethical or professional standards set by the commission under 22 AS 14.20.460; 23 (5) deceit, fraud, misrepresentation, or a wilful omission of material 24 information in applying for issuance or renewal of a license or in applying for 25 employment as a member of the teaching profession; 26 (6) breach of a contract by departing a public school teaching position 27 without the consent of the district or regional educational attendance area, unless the 28 departure is necessitated by a medical or other emergency and consent is unreasonably 29 withheld; 30 (7) discipline, including cancellation, revocation or suspension of, 31 conditions or restrictions on, or refusal to renew, a teaching authorization, imposed on
01 the member of the teaching profession by a licensing agency for any ground other than 02 failure to pay a fee; or 03 (8) surrender of a license, or a substantially similar authorization to 04 teach, in any jurisdiction while an investigation or disciplinary proceeding was ongoing 05 for any ground other than failure to pay a fee; 06 (9) failure to meet or otherwise comply with a condition, limitation, or 07 restriction imposed by the department under AS 14.20.029(d) or by the commission 08 under AS 14.20.029(d) or 14.20.375(b). 09 (b) Upon receipt of a judgment of conviction, the department shall, effective 10 immediately, revoke the license of a person who has been convicted of a crime, or an 11 attempt, solicitation, or conspiracy to commit a crime, or found not guilty by reason 12 of insanity of committing a crime, involving a minor under AS 11.41.410 - 11.41.460 13 or a law or ordinance in another jurisdiction with elements similar to an offense 14 described in this subsection. The person's eligibility to apply for a new license may 15 not be reinstated under AS 14.20.378 or AS 44.62.550; however, if the judgment of 16 conviction is reversed on appeal and the person is otherwise eligible for licensure, the 17 department shall reinstate the person's license. Unless the person's license is 18 reinstated by the department as provided in this subsection, a person whose license has 19 been revoked under this subsection may not be employed as a member of the teaching 20 profession, regardless of whether that employment requires a license. 21 (c) In a disciplinary proceeding instituted under this section, a certified copy 22 of a judgment of conviction is conclusive evidence that the named person committed 23 the offense, regardless of whether the conviction resulted from a plea of nolo 24 contendere. 25 (d) In a disciplinary proceeding involving grounds described in (a)(7) or (8) 26 of this section, the admissions of a member of the teaching profession in a settlement 27 document accepted by a licensing agency, or the final findings of fact, conclusions of 28 law, and order of the licensing agency that canceled, revoked, suspended, refused the 29 renewal, or accepted surrender of the authorization to teach, is conclusive evidence that 30 the person committed the described conduct and of the disciplinary action imposed. 31 Sec. 14.20.375. Disciplinary actions. (a) If the department files an
01 accusation while a person is licensed under this chapter, the commissioner may revoke 02 or suspend the person's license if the commissioner finds grounds for discipline under 03 AS 14.20.372. 04 (b) If the commission's executive director files an accusation while a person 05 is licensed under this chapter, the commission may take the following disciplinary 06 actions, singly or in combination, if the commission finds grounds for discipline under 07 AS 14.20.372: 08 (1) revoke a license; 09 (2) suspend a license; 10 (3) censure or reprimand; 11 (4) impose limitations or conditions on the practice of the teaching 12 profession; 13 (5) suspend imposition of an order of suspension or revocation during 14 a period in which the member of the teaching profession is complying with conditions 15 of probation set by the commission; conditions of probation may include requirements 16 that the person 17 (A) comply with the applicable requirements of this chapter and 18 regulations adopted under it; 19 (B) report regularly to the commission on matters relating to the 20 probation; 21 (C) limit practice of the teaching profession as ordered by the 22 commission; 23 (D) undertake and continue professional education as ordered 24 by the commission until a satisfactory degree of skill has been attained in the 25 areas determined to need improvement; 26 (E) submit to peer review as ordered by the commission; and 27 (F) fulfill other conditions ordered by the commission, including 28 payment of restitution and civil fines, participation in evaluations by 29 professionals for substance abuse, mental health problems, or medical 30 problems, and completion of treatment or counseling programs. 31 (c) A member of the teaching profession may not surrender a license issued
01 under this chapter without approval of the commission. A surrendered license may not 02 be reinstated. If a surrender is approved, the commission may place conditions on the 03 person's ability to later apply for a new license. 04 (d) The commission may summarily suspend a license before a final hearing 05 is held on an accusation filed under (b) of this section or during an appeal if the 06 commission finds that the member of the teaching profession poses a clear and 07 immediate danger to public health and safety. The person is entitled to a hearing 08 before the commission to appeal the summary suspension within seven days after the 09 order of suspension is issued. The person may appeal an adverse decision of the 10 commission on an appeal of a summary suspension to the superior court under 11 AS 44.62.560. If the commission summarily suspends a license under this subsection 12 before a final hearing on the accusation, the commission shall act expeditiously to 13 conduct the hearing on the accusation. A person whose license has been summarily 14 suspended under this subsection may not be employed as a member of the teaching 15 profession, regardless of whether the employment requires a license, while the license 16 is under summary suspension. 17 (e) Notwithstanding other provisions of this section, the commission may not 18 impose discipline on a member of the teaching profession's license to act as an 19 administrator unless the commissioner concurs in the commission's decision. 20 (f) If a person was a member of the teaching profession but was not required 21 to be licensed under this chapter at the time of the conduct that is grounds for 22 discipline, the commission may warn, censure, reprimand, or order a civil fine not to 23 exceed $5,000 against the person if it finds grounds for discipline under AS 14.20.372. 24 Nothing in this subsection prevents the commission from denying or conditioning 25 licensure, or imposing other applicable discipline, under this chapter for a person 26 disciplined under this subsection. 27 (g) The commissioner or the commission, as appropriate, shall notify the other 28 of a disciplinary action, including commission approval of surrender of a license, taken 29 under this section or under AS 14.20.372(b). The commission shall report the 30 disciplinary action to any national clearinghouse that maintains records of professional 31 discipline against members of the teaching profession and, if the person who was
01 disciplined is employed as a member of the teaching profession, shall notify the 02 disciplined person's employer of the disciplinary action. 03 (h) If a person's license is suspended or revoked under (a) or (b) of this 04 section, that person may not be employed as a member of the teaching profession, 05 regardless of whether the employment requires a license, until the person's license or 06 eligibility to apply for a new license has been reinstated under AS 14.20.378 and any 07 required license has been obtained. A person whose license was surrendered under (c) 08 of this section may not be employed as a member of the teaching profession, 09 regardless of whether the employment requires a license, until the person obtains a 10 new license. 11 Sec. 14.20.378. Reinstatement after suspension or revocation. (a) 12 Notwithstanding the provisions of AS 44.62.330 and 44.62.550, and except for a 13 revocation under AS 14.20.372(b) or a summary suspension under AS 14.20.375(d), 14 this section governs reinstatement for a license that has been suspended or revoked 15 under this title. 16 (b) A license that has been suspended for one year or less, and that has not 17 lapsed, is automatically reinstated at the end of the period of suspension unless the 18 commission finds that the holder of that license has failed to fully comply with the 19 terms and conditions of the commission's or commissioner's order suspending the 20 license. 21 (c) A person whose license has been suspended for more than one year, but 22 has not lapsed, may petition the commission as provided in (e) of this section for 23 reinstatement of the license. 24 (d) A person whose license was revoked, or whose license was suspended and 25 has lapsed, may petition the commission as provided in (e) of this section for 26 reinstatement of eligibility to apply for a new license. For a revoked license, eligibility 27 to apply for a new license may not be reinstated sooner than five years after the 28 effective date of the revocation. 29 (e) At least 60 days before the desired date of reinstatement, the person 30 seeking reinstatement under this section shall file a petition with the commission 31 stating
01 (1) that the person has met the terms and conditions of the 02 commission's or commissioner's order suspending or revoking the license; and 03 (2) the scope and content of employment performed by the person 04 during the period of suspension or revocation and the names and addresses of all 05 employers during that period. 06 (f) If the commissioner or the executive director of the commission opposes 07 a petition for reinstatement under (e) of this section, or if the commission finds that 08 a hearing would be helpful to determine whether reinstatement is appropriate, the 09 commission shall conduct a hearing. The petitioner for reinstatement has the burden 10 of proving that 11 (1) the petitioner is qualified and suitable for licensing under this 12 chapter; 13 (2) the petitioner has met the terms and conditions of the commission's 14 or commissioner's order suspending or revoking the license; and 15 (3) if the petitioner were to be licensed under this chapter, the public 16 will be protected and the integrity of the teaching profession will be maintained. 17 (g) If a license or eligibility to apply for a new license is reinstated under this 18 section, the commission, for the same reasons for which conditions or restrictions may 19 be imposed under AS 14.20.029(d), may impose conditions or restrictions on the 20 reinstated license or on any new license for which application is made following 21 reinstatement. The commission shall notify the department of any conditions or 22 restrictions imposed under this subsection. 23 (h) A person who has been denied reinstatement under this section may not 24 file a new petition for reinstatement sooner than two years after the denial unless a 25 shorter time is allowed by the commission in its decision denying the reinstatement. 26 The person must include with the new petition evidence that, since the previous denial 27 by the commission, a change of circumstances has occurred that supports 28 reinstatement. 29 * Sec. 7. AS 14.20.380 is amended to read: 30 Sec. 14.20.380. Creation of a commission. There is a commission of 31 professional educators known as the Educator Ethics [PROFESSIONAL TEACHING
01 PRACTICES] Commission. 02 * Sec. 8. AS 14.20.410(b) is amended to read: 03 (b) The lists shall be submitted to the executive director of the commission, 04 [COMMISSIONER] who shall submit them as a group to the governor's office. 05 * Sec. 9. AS 14.20.460 is amended to read: 06 Sec. 14.20.460. Duties of commission. The commission shall 07 (1) adopt standards of ethical and professional performance for the 08 teaching profession and other [ESTABLISH PROCEDURES, AND ADOPT] 09 regulations under AS 44.62 (Administrative Procedure Act) to interpret or 10 implement the purposes of AS 14.20.370 - 14.20.510; 11 (2) conduct investigations and hearings on grounds for discipline 12 alleged under AS 14.20.372 [VIOLATIONS OF ETHICAL OR PROFESSIONAL 13 TEACHING PERFORMANCE, CONTRACTUAL OBLIGATIONS, AND 14 PROFESSIONAL TEACHING MISCONDUCT]; 15 (3) review the regulations of the department as they relate to licensure 16 [TEACHER CERTIFICATION] and recommend necessary changes; and 17 (4) conduct a hearing and issue a decision in an appeal under 18 AS 14.20.029(f) [REVIEW THE DECISIONS OF THE DEPARTMENT REGARDING 19 THE ISSUANCE OR DENIAL OF CERTIFICATES AND IN ITS DISCRETION 20 RECOMMEND REVERSAL OF DECISIONS]. 21 * Sec. 10. AS 14.20.470 is amended to read: 22 Sec. 14.20.470. Powers of commission. (a) The commission may 23 (1) study proposals regarding standards of ethical and professional 24 performance for members of the teaching profession developed by regular 25 committees of any existing professional organization whose members are within the 26 teaching profession; 27 (2) subpoena witnesses, place them under oath, and maintain written 28 records; 29 (3) [WARN OR REPRIMAND MEMBERS OF THE TEACHING 30 PROFESSION, IF IN THE JUDGMENT OF THE COMMISSION SUCH ACTION 31 IS WARRANTED;
01 (4)] take disciplinary action under AS 14.20.372 and 14.20.375 02 regarding a member of the teaching profession [SUSPEND OR REVOKE THE 03 CERTIFICATE OF A MEMBER OF THE TEACHING PROFESSION FOR ONE OF 04 THE REASONS SET OUT IN AS 14.20.030 EXCEPT THAT IN THE CASE OF AN 05 ADMINISTRATOR, THE COMMISSIONER MUST CONCUR]; 06 (4) [(5)] make any recommendation to the board or to school boards 07 that will promote an improvement in the teaching profession; 08 (5) [(6)] request assistance through any of the investigative processes 09 of a school board, school superintendent, or any existing professional teaching 10 organizations when analyzing charges of breach of ethical or professional teaching 11 practices; 12 (6) [(7)] appoint an executive director [SECRETARY], delegate those 13 investigative and other [MINISTERIAL] functions , except its power to propose and 14 adopt regulations and its power to take action under AS 14.20.372, 14.20.375, 15 14.20.378, and 14.20.460(4), to the executive director [SECRETARY] as the 16 commission may decide and set the executive director's [SECRETARY'S] 17 compensation with a starting salary not exceeding range 26, step B of the pay plan for 18 state employees in AS 39.27.011(a). 19 (b) A decision issued by the commission [WITH THE APPROVAL OF THE 20 COMMISSIONER] under AS 14.20.372, 14.20.375, or 14.20.378 [(a)(4) OF THIS 21 SECTION] is final and reviewable in accordance with AS 44.62.560 - 44.62.570 . 22 * Sec. 11. AS 14.20.475 is amended to read: 23 Sec. 14.20.475. Applicability of the Administrative Procedure Act. Except 24 where a different procedure is provided in AS 14.20.370 - 14.20.510, the 25 provisions of AS 44.62 (Administrative Procedure Act) apply [APPLIES] to 26 [REGULATIONS AND] proceedings under AS 14.20.370 - 14.20.510. 27 * Sec. 12. AS 14.20.475 is amended by adding a new subsection to read: 28 (b) In addition to the options available under AS 44.62.500, the commission 29 may adopt a hearing officer's proposed findings of fact in their entirety and increase 30 or change the proposed disciplinary action authorized under AS 14.20.375 against the 31 person.
01 * Sec. 13. AS 14.20 is amended by adding new sections to read: 02 Sec. 14.20.476. Confidential information. (a) Information obtained by the 03 commission or the department in the course of an investigation under this chapter is 04 confidential and may not be produced for inspection or copying by any person, nor 05 may its contents be disclosed to any person, except 06 (1) by order of a court of competent jurisdiction, issued for good cause 07 shown and upon the conditions that the court imposes; 08 (2) to the attorney general of this state or the attorney general's 09 designee; 10 (3) as reasonable and necessary in the enforcement of AS 14.20.372, 11 including investigation of a matter, presentation to a court, or use in an administrative 12 proceeding under this chapter; 13 (4) in response to a request for discovery from the respondent in an 14 administrative proceeding under this chapter; or 15 (5) to licensing agency and law enforcement officials of any 16 jurisdiction. 17 (b) All references to a minor in an administrative proceeding, and in all 18 documents available to the public, shall be by initials or some similar method that 19 maintains the confidentiality of the minor's identity. If a minor is called to testify as 20 a witness, the commission or the commissioner, as applicable, may close that portion 21 of the hearing to the general public if it is in the minor's best interests to do so and 22 may determine who may be present while the minor is testifying. A transcript of the 23 proceeding shall refer to a minor by initials or some similar method that maintains the 24 confidentiality of the minor's identity. 25 Sec. 14.20.478. Limitation of liability. An action may not be brought for 26 damages resulting from 27 (1) a report or complaint made in good faith to the commission or the 28 department by a person, or participation by a person in an investigation or hearing by 29 the commission or the department under this chapter; or 30 (2) a person's good faith performance of a duty, function, or activity 31 required under this chapter as a member of the commission.
01 * Sec. 14. AS 14.20.510 is amended to read: 02 Sec. 14.20.510. Short title. AS 14.20.370 - 14.20.510 shall be known as the 03 Educator Ethics [PROFESSIONAL TEACHING PRACTICES] Act. 04 * Sec. 15. AS 14.20 is amended by adding a new section to read: 05 Article 5A. Penalties. 06 Sec. 14.20.520. Penalties. (a) A person employed as a teacher in violation 07 of AS 14.20.010, or employed as a member of the teaching profession in violation of 08 AS 14.20.372 or 14.20.375, is guilty of a class B misdemeanor. 09 (b) In addition to any penalty imposed under (a) of this section, if a person is 10 employed as a teacher in violation of AS 14.20.010, or is employed as a member of 11 the teaching profession in violation of AS 14.20.372 or 14.20.375, the department or 12 the commission may assess a civil fine, in an amount set by the department by 13 regulation, for each day on which the person was in violation. A civil fine may be 14 assessed under this subsection regardless of whether a penalty under (a) of this section 15 has been imposed. A civil fine assessed under this subsection may be appealed in the 16 manner provided for appeals in AS 44.62 (Administrative Procedure Act). 17 * Sec. 16. AS 14.20 is amended by adding a new section to read: 18 Article 8. General Provisions. 19 Sec. 14.20.990. Definitions. In AS 14.20.010 - 14.20.520, unless the context 20 otherwise indicates, 21 (1) "commission" means the Educator Ethics Commission created in 22 AS 14.20.380; 23 (2) "license" means a license issued by the department under 24 AS 14.20.020 or 14.20.025; 25 (3) "licensing agency" means the agency or entity in another state or 26 other jurisdiction that has the duty to authorize a person to act as a member of the 27 teaching profession in that jurisdiction, or the power to revoke, suspend, or place other 28 sanctions on the authorization to teach of a member of the teaching profession in that 29 jurisdiction; 30 (4) "member of the teaching profession" means a person described in 31 AS 14.20.370.
01 * Sec. 17. AS 14.25.220(26) is amended to read: 02 (26) "outside service" means service for full years as defined by 03 (43)(A)(x) and (43)(B)(xi) of this section 04 (A) as a certificated or licensed full-time elementary or 05 secondary teacher or a certificated or licensed person in a full-time position 06 requiring a teaching certificate or license as a condition of employment in an 07 out-of-state public school within the United States, or in a school outside the 08 United States supported by funds of the United States; 09 (B) as a certificated or licensed full-time elementary or 10 secondary teacher or a certificated or licensed person in a full-time position 11 requiring a teaching certificate or license as a condition of employment in an 12 approved or accredited nonpublic school within the United States, or in a 13 school outside the United States supported by funds of the United States; 14 (C) in a full-time position requiring academic standing in an 15 out-of-state institution of higher learning accredited by a nationally recognized 16 accrediting agency as listed in the Education Directory - Colleges and 17 Universities by the National Center for Education Statistics; 18 (D) as a full-time teacher in an approved or accredited 19 nonpublic institution of higher learning in Alaska; 20 * Sec. 18. AS 14.30.255 is amended to read: 21 Sec. 14.30.255. Administrator qualifications. A person may not be employed 22 as an administrator of a program of special education and related services unless that 23 person possesses a valid license under AS 14.20 authorizing employment as an 24 administrator [ADMINISTRATIVE CERTIFICATE] and, in addition, such training 25 as the department may require by regulation. 26 * Sec. 19. AS 44.62.330(a)(42) is amended to read: 27 (42) except where a different procedure is provided in AS 14.20.029 28 or 14.20.370 - 14.20.510, the Department of Education and the Educator Ethics 29 [PROFESSIONAL TEACHING PRACTICES] Commission with regard to proceedings 30 [TO REVOKE OR SUSPEND A TEACHER'S CERTIFICATE] under AS 14.20.029 31 and 14.20.370 - 14.20.510 [AS 14.20.030 - 14.20.040 AND 14.20.470(a)(4)];
01 * Sec. 20. AS 14.20.020(f), 14.20.030, and 14.20.450 are repealed. 02 * Sec. 21. REVISOR'S CHANGES. The revisor of statutes is requested to make the 03 following changes in the specified statutes: 04 (1) change "Professional Teaching Practices Commission" to "Educator Ethics 05 Commission" in AS 14.20.020(c) and (e); AS 39.25.120(c)(9)(B); and AS 47.17.020(f); 06 (2) change "certification" to "licensure" in the heading of art. 1 of AS 14.20 07 and in AS 14.20.020; 08 (3) change "Article 5. Professional Teaching Practices Act" to "Article 5. 09 Educator Ethics Act" in the heading of art. 5 of AS 14.20; 10 (4) change "certificate," "teacher certificate," and "teaching certificate" to 11 "license" in AS 14.20.010, 14.20.020, 14.20.027, 14.20.147(b), 14.20.149(c), 14.20.150, and 12 14.20.177; 13 (5) change "certificates" to "licenses" in AS 14.20.020 and 14.20.500; 14 (6) change "limited teacher certificate" to "limited license" in AS 14.20.025 15 and 14.20.027; 16 (7) change "certificated" to "licensed" in AS 14.03.290(6); AS 14.14.107; 17 AS 14.16.050(a)(3)(E); AS 14.18.060; AS 14.20.149, 14.20.150, 14.20.350, 14.20.370; 18 AS 14.25.220(8) and (40)(A); AS 14.30.010(b)(1); AS 23.10.530(c); AS 39.25.110(6) and (7), 19 and 39.25.160(e)(6) and (7); 20 (8) change "noncertificated" to "unlicensed" in AS 14.08.111(3); 21 AS 23.20.354(b); AS 39.25.110(6), and 39.25.160(e)(6); 22 (9) change "teacher certificate" to "teacher license" in AS 14.25.045, 23 14.25.047; AS 14.30.250; AS 14.43.148(h)(1)(A)(iii); and AS 25.27.244(s)(2)(A)(iii); 24 (10) change "teacher's certificate" to "teacher's license" in AS 14.43.148(g); 25 (11) change "teaching certificate" to "teaching license" in AS 14.25.220(8) and 26 (40)(A). 27 * Sec. 22. TRANSITION: COMMISSION MEMBERSHIP. A person who is a member 28 of the Professional Teaching Practices Commission on June 30, 1999 continues to serve on 29 the commission, renamed as the Educator Ethics Commission by this Act, until the member's 30 term on the commission expires under the terms of the member's appointment. 31 * Sec. 23. TRANSITION: REGULATIONS. Notwithstanding sec. 25 of this Act, the
01 Department of Education and the Professional Teaching Practices Commission may proceed 02 to adopt regulations necessary to interpret or implement this Act. The regulations take effect 03 under AS 44.62 (Administrative Procedure Act), but not before July 1, 1999. 04 * Sec. 24. Section 23 of this Act takes effect immediately under AS 01.10.070(c). 05 * Sec. 25. Except as provided in sec. 24 of this Act, this Act takes effect July 1, 1999.