HB 254: "An Act relating to teacher certification; relating to educator preparation programs; relating to the duties and powers of the Department of Education and Early Development and the state Board of Education and Early Development; relating to teacher qualifications and performance standards; establishing the Alaska Educator Standards Commission in the Department of Education and Early Development; and eliminating the Professional Teaching Practices Commission."
00 HOUSE BILL NO. 254 01 "An Act relating to teacher certification; relating to educator preparation programs; 02 relating to the duties and powers of the Department of Education and Early 03 Development and the state Board of Education and Early Development; relating to 04 teacher qualifications and performance standards; establishing the Alaska Educator 05 Standards Commission in the Department of Education and Early Development; and 06 eliminating the Professional Teaching Practices Commission." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.20.015(a) is amended to read: 09 (a) The department shall issue a preliminary teacher certificate to an out-of- 10 state teacher who meets the requirements of this section. To be eligible for a 11 preliminary teacher certificate, a person shall 12 (1) have received at least a baccalaureate degree from an institution of 13 higher education accredited by a recognized regional or national accrediting
01 association or approved by the commissioner; 02 (2) hold a valid teacher certificate issued by another jurisdiction 03 [STATE]; 04 (3) have submitted fingerprints to the department to be used for a 05 criminal history background check and been found by the department to be suitable for 06 employment as a teacher under AS 14.20.020(f); 07 (4) have paid the fee required by the commission [DEPARTMENT] 08 under AS 14.20.020(c); 09 (5) have completed training regarding alcohol and drug related 10 disabilities required under AS 14.20.680, training regarding sexual abuse and 11 sexual assault awareness and prevention required under AS 14.30.355, training 12 regarding teen dating violence and abuse awareness and prevention required 13 under AS 14.30.356, and training regarding suicide awareness and prevention 14 required under AS 14.30.362. 15 * Sec. 2. AS 14.20.015(b) is amended to read: 16 (b) An out-of-state teacher who has fewer than three years of full-time 17 teaching experience and has been issued a preliminary teacher certificate under this 18 section shall pass the competency examination designated by the commission 19 [BOARD] under AS 14.20.020(i) within two years [ONE YEAR] after the date the 20 preliminary teacher certificate was issued. If the teacher does not pass the 21 examination, the department shall immediately revoke the teacher's preliminary 22 teacher certificate. 23 * Sec. 3. AS 14.20.015(c) is amended to read: 24 (c) The preliminary teacher certificate issued under this section and any 25 subsequent teacher certificate issued under this chapter must contain the same 26 endorsements as those on the current valid teacher certificate issued by the other state. 27 * Sec. 4. AS 14.20.015(f) is amended to read: 28 (f) A preliminary teacher certificate and any endorsements issued under this 29 section are valid for up to four [THREE] years and may not be renewed. The 30 department may not issue a provisional certificate or a temporary certificate to a 31 teacher who has held a preliminary teacher certificate.
01 * Sec. 5. AS 14.20.015 is amended by adding a new subsection to read: 02 (g) Neither the department nor the commission may require a person who is 03 eligible for a preliminary teacher certificate under (a) of this section and who is the 04 spouse of an active duty member of the armed forces of the United States to pay a fee 05 under (a)(4) of this section, other than the fees required by the Department of Public 06 Safety related to a criminal history background check required under (a)(3) of this 07 section. 08 * Sec. 6. AS 14.20.017(a) is amended to read: 09 (a) The department shall issue a teacher certificate as described in 10 AS 14.20.020, subject to revocation, to a teacher who meets the requirements of this 11 section. To be eligible for a revocable teacher certificate under this section, a person 12 shall 13 (1) have held a valid teacher certificate issued under AS 14.20.020 that 14 expired more than 12 months before the teacher applied for a certificate under this 15 section; 16 (2) have paid the fee required by the commission [DEPARTMENT] 17 under AS 14.20.020(c); 18 (3) have submitted fingerprints to the department to be used for a 19 criminal history background check and been found by the department to be 20 suitable for employment as a teacher under AS 14.20.020(f); 21 (4) have completed training regarding alcohol and drug related 22 disabilities required under AS 14.20.680, training regarding sexual abuse and 23 sexual assault awareness and prevention required under AS 14.30.355, training 24 regarding teen dating violence and abuse awareness and prevention required 25 under AS 14.30.356, and training regarding suicide awareness and prevention 26 required under AS 14.30.362. 27 * Sec. 7. AS 14.20.017(b) is amended to read: 28 (b) A revocable teacher certificate issued under this section is valid for four 29 years [ONE YEAR], during which the teacher shall complete any requirements for the 30 issuance of a regular teacher certificate under AS 14.20.020 that the teacher has not 31 already met. The department shall expedite the procedures required of teachers
01 holding revocable teacher certificates who are seeking certification under 02 AS 14.20.020. 03 * Sec. 8. AS 14.20.017(c) is amended to read: 04 (c) A teacher holding a revocable teacher certificate under this section who 05 previously passed the competency examination designated by the commission 06 [BOARD] under AS 14.20.020(i) or who has at least three years' full-time teaching 07 experience is not required to retake the examination before being eligible for a regular 08 certificate under AS 14.20.020. A teacher holding a revocable teacher certificate who 09 did not previously take or pass the competency examination or who does not have at 10 least three years' full-time teaching experience shall take and pass the examination 11 within two years [ONE YEAR] after the date the revocable teacher certificate was 12 issued. If the teacher does not pass the examination, the department shall immediately 13 revoke the revocable teacher certificate. 14 * Sec. 9. AS 14.20.017(e) is amended to read: 15 (e) The revocable teacher certificate issued under this section and any 16 subsequent teacher certificate issued under this chapter must contain the same 17 endorsements as those on the teacher's expired teacher certificate. 18 * Sec. 10. AS 14.20.017(g) is amended to read: 19 (g) A revocable teacher certificate and any endorsements issued under this 20 section are valid for up to four years [ONE YEAR] and may not be renewed under 21 this section. The department may not issue a provisional certificate or a temporary 22 certificate to a teacher who has held a teacher certificate issued under this section. 23 * Sec. 11. AS 14.20.020(b) is amended to read: 24 (b) A person is not eligible for a teacher certificate unless that person has 25 received at least a baccalaureate degree from an institution of higher education 26 accredited by a recognized regional or national accrediting association or approved 27 by the commissioner, has successfully completed an educator preparation 28 program, and, if applicable, has passed the examination or examinations required by 29 (i) of this section. However, this subsection is not applicable to 30 (1) persons employed in the state public school system on 31 September 1, 1962;
01 (2) persons issued an emergency certificate during a situation that, in 02 the judgment of the commissioner, requires the temporary issuance of a certificate to a 03 person not otherwise qualified. 04 * Sec. 12. AS 14.20.020(c) is amended to read: 05 (c) The commission [BOARD] may establish by regulation additional 06 requirements for the issuance of certificates. The board shall require teachers to submit 07 fingerprints and the fees required by the Department of Public Safety under 08 AS 12.62.160 for criminal justice information and a national criminal history record 09 check. The board shall submit the fingerprints and fees to the Department of Public 10 Safety for a report of criminal justice information under AS 12.62 and a national 11 criminal history record check under AS 12.62.400. The commission 12 [DEPARTMENT] shall establish by regulation the fees to be charged for each 13 certificate and for other charges assessed against teachers as part of certification. In 14 establishing the fees to be charged, the commission [DEPARTMENT] shall establish 15 the fee levels so that the total amount of the fees collected relating to the certification 16 of teachers approximately equals, when added to the other fees collected from 17 teachers, the actual regulatory costs for certifying and disciplining teachers in the 18 state. The commission [DEPARTMENT] shall annually review each fee level to 19 determine whether the regulatory costs are approximately equal to fee collections. If 20 the review indicates that fee collections and regulatory costs are not approximately 21 equal, the commission [DEPARTMENT] shall calculate fee adjustments to the fees 22 for certification of teachers and adopt regulations under this subsection to implement 23 the adjustments. In January of each year, the commission [DEPARTMENT] shall 24 report on all fee levels and revisions for the previous year under this subsection to the 25 office of management and budget. The commission [DEPARTMENT] shall consider 26 the [BOARD'S] recommendations of the department and the board concerning the 27 fee levels and regulatory costs before revising fee schedules to comply with this 28 subsection. In this subsection, "regulatory costs" means costs of the commission and 29 the department that are attributable to regulation of the teaching profession, including 30 the portion of the expenses of the board that are attributable to the regulation of the 31 teaching profession [AND THE EXPENSES OF THE PROFESSIONAL TEACHING
01 PRACTICES COMMISSION]. 02 * Sec. 13. AS 14.20.020(d) is amended to read: 03 (d) The commission [BOARD] may by regulation establish various classes of 04 certificates. 05 * Sec. 14. AS 14.20.020(e) is amended to read: 06 (e) The annual estimated balance in the account maintained by the 07 commissioner of administration under AS 37.05.142 may be used by the legislature to 08 make appropriations to the department to carry out the purposes of this section and to 09 support the activities of the commission [PROFESSIONAL TEACHING 10 PRACTICES COMMISSION] under AS 14.20.460, 14.20.470, and 14.20.500. 11 * Sec. 15. AS 14.20.020(h) is amended to read: 12 (h) A person is not eligible for a teacher certificate unless the person has 13 completed three semester hours in Alaska studies and three semester hours in 14 multicultural education or cross-cultural communications or has completed an 15 educator preparation program offered by a school district in the state that 16 includes multicultural education or cross-cultural communication and a history 17 of education in the state. However, the commissioner may issue a provisional 18 certificate, valid for no longer than four [TWO] years, to a person [AN 19 APPLICANT] who has not completed the coursework [SEMESTER HOURS] 20 required under this subsection at the time of application. 21 * Sec. 16. AS 14.20.020(i) is amended to read: 22 (i) Beginning on July 1, 1998, a person is not eligible for an initial regular 23 teacher certificate unless the person has taken and successfully completed a basic 24 competency examination or examinations designated, at the time the person took the 25 test, by the commission or submits proof satisfactory to the department that the 26 person has at least three years' full-time teaching experience under a valid 27 teaching certificate issued by another jurisdiction [BOARD]. The commission 28 [BOARD] shall review nationally recognized examinations that are designed to test 29 the competency of new teachers and shall designate those examinations that it finds 30 adequately test the skills and abilities of new teachers. For each examination 31 designated under this subsection, the commission [BOARD] shall establish the
01 minimum acceptable level of performance. 02 * Sec. 17. AS 14.20.022(a) is amended to read: 03 (a) Notwithstanding AS 14.20.020, a person may be issued a subject-matter 04 expert limited teacher certificate, valid only in the subject-matter in which the person 05 has expertise, upon compliance with the requirements of this section. Except as 06 provided in (i) of this section, a [A] subject-matter expert teacher may only be 07 employed to teach subjects in which the person has satisfied the education or 08 experience requirements set out in (b)(1) of this section. 09 * Sec. 18. AS 14.20.022(b) is amended to read: 10 (b) To be eligible for a subject-matter expert limited teacher certificate, a 11 person shall 12 (1) except as provided in (i) of this section, hold at least a 13 baccalaureate degree from an institution of higher education accredited by a 14 recognized regional or national accrediting association or approved by the 15 commissioner and 16 (A) have majored or minored in the subject that the person will 17 be teaching; or 18 (B) have at least two years' [FIVE YEARS] experience in the 19 subject matter that the person will be teaching; 20 (2) have submitted fingerprints and the fees required by the 21 Department of Public Safety under AS 12.62.160 for criminal justice information and 22 a national criminal history record check to the department; the department must have 23 submitted the fingerprints and fees to the Department of Public Safety for a report of 24 criminal justice information under AS 12.62 and a national criminal history record 25 check under AS 12.62.400 and the person must have been found by the department to 26 be suitable for employment as a teacher under AS 14.20.020(f); [AND] 27 (3) be currently enrolled in an approved post-baccalaureate educator 28 preparation [TEACHER EDUCATION] program at a regionally accredited 29 institution meeting the requirements of AS 14.20.020(b) that provides for completion 30 of the regular teacher certificate education requirements within three [TWO] years 31 after receipt of a subject-matter expert limited teacher certificate under this section;
01 and 02 (4) have completed training regarding alcohol and drug related 03 disabilities required under AS 14.20.680, training regarding sexual abuse and 04 sexual assault awareness and prevention required under AS 14.30.355, training 05 regarding teen dating violence and abuse awareness and prevention required 06 under AS 14.30.356, and training regarding suicide awareness and prevention 07 required under AS 14.30.362. 08 * Sec. 19. AS 14.20.022(d) is amended to read: 09 (d) A subject-matter expert limited teacher certificate is valid for one school 10 year and may be renewed twice, each for one [ ADDITIONAL] school year, upon a 11 showing of substantial progress toward [TOWARDS] completion of the educator 12 preparation [TEACHER EDUCATION] program required under (b)(3) of this 13 section. 14 * Sec. 20. AS 14.20.022(g) is amended to read: 15 (g) The commission [DEPARTMENT] shall adopt regulations necessary to 16 implement this section. 17 * Sec. 21. AS 14.20.022 is amended by adding a new subsection to read: 18 (i) The department may waive the requirements under (b)(1) of this section for 19 a person who achieves a passing score on a subject-matter examination approved by 20 the commission. 21 * Sec. 22. AS 14.20.025 is amended to read: 22 Sec. 14.20.025. Limited teacher certificates. Notwithstanding 23 AS 14.20.020(b), the department [A PERSON] may issue [BE ISSUED] a limited 24 certificate, valid only in the area of expertise for which it is issued, to teach Alaska 25 Native language or culture, military science, or a vocational or technical course for 26 which the commission [BOARD] determines by regulation that baccalaureate degree 27 training is not sufficiently available. The department may issue a [A] limited 28 certificate [MAY BE ISSUED] under this section only if the school board of the 29 district or regional educational attendance area in which the person will be teaching 30 has requested its issuance. A person who applies for a limited certificate shall 31 demonstrate, as required by regulations adopted by the commission [BOARD],
01 instructional skills and subject matter expertise sufficient to ensure the public that the 02 person is competent as a teacher. The commission [BOARD] may require a person 03 issued a limited certificate to undertake academic training as may be required by the 04 commission [BOARD] by regulation and make satisfactory progress in the academic 05 training. 06 * Sec. 23. AS 14.20.030 is amended to read: 07 Sec. 14.20.030. Causes for revocation and suspension. (a) The commissioner 08 or the commission [PROFESSIONAL TEACHING PRACTICES COMMISSION] 09 may revoke or suspend a certificate only for the following reasons: 10 (1) incompetency, which is defined as the inability or the unintentional 11 or intentional failure to perform the teacher's customary teaching duties in a 12 satisfactory manner; 13 (2) immorality, which is defined as the commission of an act that 14 [WHICH], under the laws of the state, constitutes a crime involving moral turpitude; 15 (3) substantial noncompliance with the school laws of the state or the 16 regulations of the department or the commission; or 17 (4) upon a determination by the commission [PROFESSIONAL 18 TEACHING PRACTICES COMMISSION] that there has been a violation of ethical 19 or professional standards or contractual obligations. 20 (b) The commissioner or the commission [PROFESSIONAL TEACHING 21 PRACTICES COMMISSION] shall revoke for life the certificate of a person who has 22 been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, 23 involving a minor under AS 11.41.410 - 11.41.460 or a law or ordinance in another 24 jurisdiction with elements similar to an offense described in this subsection. 25 (c) The commissioner or the commission [PROFESSIONAL TEACHING 26 PRACTICES COMMISSION] shall request the chief administrative law judge 27 (AS 44.64.020) [,] to appoint an administrative law judge employed by the office of 28 administrative hearings to preside at a hearing conducted under this section. 29 AS 44.64.060 and 44.64.070 do not apply to the hearing. 30 * Sec. 24. AS 14.20.130 is amended to read: 31 Sec. 14.20.130. Employment contracts. An employer may, after January 1,
01 issue contracts for the following school year to employees regularly qualified in 02 accordance with the regulations of the commission [DEPARTMENT]. The contract 03 for a superintendent may be for more than one school year but may not exceed three 04 consecutive school years. 05 * Sec. 25. AS 14.20.149(b) is amended to read: 06 (b) The certificated employee evaluation system must 07 (1) establish district performance standards for the district's teachers 08 and administrators that are based on professional performance standards adopted by 09 the commission [DEPARTMENT] by regulation; 10 (2) require at least two observations for the evaluation of each 11 nontenured teacher in the district each school year; 12 (3) require at least an annual evaluation of each tenured teacher in the 13 district who met the district performance standards during the previous school year; 14 (4) permit the district to limit its evaluations of tenured teachers who 15 have consistently exceeded the district performance standards to one evaluation every 16 two school years; 17 (5) require the school district to perform an annual evaluation for each 18 administrator; 19 (6) require the school district to prepare and implement a plan of 20 improvement for a teacher or administrator whose performance did not meet the 21 district performance standards, except if the teacher's or administrator's performance 22 warrants immediate dismissal under AS 14.20.170(a); and 23 (7) provide an opportunity for students, parents, community members, 24 teachers, and administrators to provide information on the performance of the teacher 25 or administrator who is the subject of the evaluation to the evaluating administrator. 26 * Sec. 26. AS 14.20.149(g) is amended to read: 27 (g) The department or the commission may request copies of each school 28 district's certificated employee evaluation system and changes the district makes to the 29 system. 30 * Sec. 27. AS 14.20.150(a) is amended to read: 31 (a) Except as provided in (c) or (d) of this section, a teacher acquires tenure
01 rights in a district when the teacher 02 (1) possesses a valid teaching certificate that authorizes the teacher to 03 be employed as a certificated teacher or as an administrator under regulations adopted 04 by the commission [DEPARTMENT]; 05 (2) has been employed as a teacher in the same district continuously 06 for three full school years; 07 (3) receives, in the third year of any three-year period of continuous 08 employment with the district, an evaluation under the district's evaluation system 09 stating that the teacher's performance meets the district performance standards; and 10 (4) on or before October 15 of the school year, 11 (A) accepts a contract for employment as a teacher in the 12 district for a fourth consecutive school year; and 13 (B) performs a day of teaching services in the district during 14 that school year. 15 * Sec. 28. AS 14.20.150(d) is amended to read: 16 (d) A teacher who has acquired tenure in a school district in the state and who 17 loses tenure in the district because of a break in service may reacquire tenure in that 18 school district under this subsection if the break in service was not the result of a 19 dismissal under AS 14.20.170 or nonretention under AS 14.20.175 and did not last 20 longer than one year. A break in service that begins on or after the last day of a school 21 district's instructional days for a school year but before the first instructional day of the 22 next school year will be considered to have lasted no longer than one year if the 23 teacher is employed on the first instructional day of the school year that begins more 24 than 12 but not more than 16 months after the beginning of the break in service. A 25 previously tenured teacher reacquires tenure in the school district under this subsection 26 when the teacher 27 (1) possesses a valid teaching certificate that authorizes the teacher to 28 be employed as a certificated teacher or as an administrator under regulations adopted 29 by the commission [DEPARTMENT]; 30 (2) has been employed as a teacher in the district continuously for one 31 full school year after a break in service that does not exceed the time limits set out in
01 this subsection; 02 (3) receives, under the district's evaluation system, an acceptable 03 evaluation from the district; and 04 (4) on or before October 15 of the school year, 05 (A) accepts a contract for employment as a teacher in the 06 district for a second consecutive school year; and 07 (B) performs a day of teaching services in the district during 08 that school year. 09 * Sec. 29. AS 14.20.170(a) is amended to read: 10 (a) A teacher, including a teacher who has acquired tenure rights, may be 11 dismissed at any time only for the following causes: 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; or 17 (3) substantial noncompliance with the school laws of the state, the 18 regulations or bylaws of the department or the commission, the bylaws of the district, 19 or the written rules of the superintendent. 20 * Sec. 30. AS 14.20.175(b) is amended to read: 21 (b) A teacher who has acquired tenure rights is subject to nonretention for the 22 following school year only for the following causes: 23 (1) the school district demonstrates that 24 (A) the district has fully complied with the requirements of 25 AS 14.20.149 with respect to the tenured teacher; 26 (B) the teacher's performance, after completion of the plan of 27 improvement, failed to meet the performance objectives set out in the plan; and 28 (C) the evaluation of the teacher established that the teacher 29 does not meet the district performance standards; 30 (2) immorality, which is defined as the commission of an act that, 31 under the laws of the state, constitutes a crime involving moral turpitude; or
01 (3) substantial noncompliance with the school laws of the state, the 02 regulations or bylaws of the department or the commission, the bylaws of the district, 03 or the written rules of the superintendent. 04 * Sec. 31. AS 14.20.210 is amended to read: 05 Sec. 14.20.210. Authority of school board or department to adopt bylaws. 06 A school board or the department may adopt teacher tenure bylaws not in conflict with 07 the regulations of the commission, the department, or state law. 08 * Sec. 32. AS 14.20.215(7) is amended to read: 09 (7) "teacher" means an individual who, for compensation, has primary 10 responsibility to plan, instruct, and evaluate learning of elementary or secondary 11 school students in the classroom or an equivalent setting and also includes individuals 12 holding other positions as determined by the commission [DEPARTMENT] by 13 regulation. 14 * Sec. 33. AS 14.20.215 is amended by adding new paragraphs to read: 15 (8) "commission" means the Alaska Educator Standards Commission; 16 (9) "educator preparation program" means a degree or nondegree 17 program under AS 14.20.450 leading to certification of teachers, administrators, and 18 special service providers that is offered by an institution of higher education, school 19 district, corporation, government agency, or other entity. 20 * Sec. 34. AS 14.20.380 is amended to read: 21 Sec. 14.20.380. Creation of a commission. The Alaska Educator Standards 22 [THERE IS A COMMISSION OF PROFESSIONAL EDUCATORS KNOWN AS 23 THE PROFESSIONAL TEACHING PRACTICES] Commission is established in the 24 department. 25 * Sec. 35. AS 14.20.390 is amended to read: 26 Sec. 14.20.390. Appointment and qualifications. The commission consists of 27 11 [NINE] members [APPOINTED BY THE GOVERNOR AND CONFIRMED BY 28 A MAJORITY OF THE MEMBERS OF THE LEGISLATURE IN JOINT 29 SESSION]. Each member must [, IN ADDITION TO HAVING BEEN ACTIVELY 30 ENGAGED IN THE TEACHING PROFESSION FOR AT LEAST FIVE YEARS 31 IMMEDIATELY PRECEDING APPOINTMENT, SHALL] be a citizen of the United
01 States and a resident of the state. 02 * Sec. 36. AS 14.20.400 is amended to read: 03 Sec. 14.20.400. Composition of the commission. The commission consists of 04 the following members: 05 (1) the deputy commissioner of education and early development; 06 (2) one member of the board; 07 (3) the following nine members, each appointed by the governor 08 and confirmed by a majority of the members of the legislature in joint session: 09 (A) four [FIVE] classroom teachers; 10 (B) two principals [(2) ONE PRINCIPAL]; 11 (C) [(3)] one superintendent; 12 (D) [(4) ONE REPRESENTATIVE OF THE OFFICE OF THE 13 COMMISSIONER; (5)] one administrator [REPRESENTATIVE] of an 14 [ALASKA] institution of higher learning in the state; 15 (E) one district human resources director. 16 * Sec. 37. AS 14.20.410(a) is amended to read: 17 (a) Members of the commission shall be selected as follows: 18 (1) the member of the board from the membership of the board; 19 (2) the four [FIVE] classroom teachers from lists of names submitted 20 by recognized Alaska teachers' organizations, each list not to exceed 12 names; 21 however, in lieu of one of the four [FIVE], one classroom teacher may be selected 22 from a list of not more than four names signed and submitted by not fewer [LESS] 23 than 25 teachers who have no affiliation with any organization qualified to submit 24 nomination lists, with the limitation that no teacher may sign more than one list in any 25 year; the governor shall select teachers who represent elementary, secondary, and 26 multi-grade classrooms and, when possible, the geographic diversity of the state; 27 (3) [(2)] the two principals [PRINCIPAL] from lists [A LIST OF 28 THREE NAMES] submitted by the Alaska Association of Secondary School 29 Principals and the Alaska Association of Elementary School Principals, each list 30 not to exceed three names [PRINCIPALS ASSOCIATION]; the governor shall 31 select one principal from an urban school district and one principal from a rural
01 school district, when possible; 02 (4) [(3)] the superintendent from a list of three names submitted by the 03 Alaska Superintendents Association [SUPERINTENDENTS ADVISORY 04 COMMISSION; 05 (4) THE REPRESENTATIVE OF THE OFFICE OF THE 06 COMMISSIONER FROM A LIST OF THREE NAMES SUBMITTED BY THE 07 COMMISSIONER]; 08 (5) the administrator [REPRESENTATIVE] of an [ALASKA] 09 institution of higher learning in the state from lists of names submitted by [ALASKA] 10 institutions of higher learning in the state, each list not to exceed three names; 11 (6) the district human resources director from lists of names 12 submitted by school districts in the state; in this paragraph, "school district" has 13 the meaning given in AS 14.30.350. 14 * Sec. 38. AS 14.20.450 is amended by adding a new subsection to read: 15 (b) The commission shall approve educator preparation programs that meet 16 standards adopted by the commission in regulation. The process for review and 17 approval of a program must include a procedure for revocation of approval. The 18 commission may approve an educator preparation program for a period not to exceed 19 seven years. A change to an approved educator preparation program must be approved 20 by the commission in advance. 21 * Sec. 39. AS 14.20.460 is amended to read: 22 Sec. 14.20.460. Duties of commission. The commission shall 23 (1) establish procedures [,] and adopt regulations to implement the 24 purposes of AS 14.20.370 - 14.20.510; 25 (2) conduct investigations and hearings on alleged violations of ethical 26 or professional teaching performance, contractual obligations, and professional 27 teaching misconduct; 28 (3) establish standards and adopt [REVIEW THE] regulations for 29 [OF THE DEPARTMENT AS THEY RELATE TO] teacher certification and 30 discipline [RECOMMEND NECESSARY CHANGES]; 31 (4) review the decisions of the department regarding the issuance or
01 denial of certificates and in its discretion recommend reversal of decisions; 02 (5) establish standards and adopt regulations for approval of 03 educator preparation programs consistent with AS 14.20.450(b); 04 (6) review for approval and monitor educator preparation 05 programs. 06 * Sec. 40. AS 14.20.470 is amended to read: 07 Sec. 14.20.470. Powers of commission. (a) The commission may 08 (1) study proposals developed by regular committees of any existing 09 professional organization whose members are within the teaching profession; 10 (2) subpoena witnesses, place witnesses [THEM] under oath, and 11 maintain written records; 12 (3) warn or reprimand members of the teaching profession, if [IN THE 13 JUDGMENT OF] the commission determines the [SUCH] action is warranted; 14 (4) suspend or revoke the certificate of a member of the teaching 15 profession for one of the reasons set out in AS 14.20.030 except that in the case of an 16 administrator, the commissioner must concur; 17 (5) make any recommendation to the board or to school boards that 18 will promote an improvement in the teaching profession; 19 (6) request assistance through any of the investigative processes of any 20 existing professional teaching organizations when analyzing charges of breach of 21 ethical or professional teaching practices; 22 (7) appoint an executive secretary, delegate those ministerial functions 23 to the executive secretary as the commission may decide and set the executive 24 secretary's compensation with a starting salary not exceeding range 26, step B of the 25 pay plan for state employees in AS 39.27.011(a). 26 (b) A decision issued by the commission with the approval of the 27 commissioner under (a)(4) of this section is final. 28 * Sec. 41. AS 14.20.500 is amended to read: 29 Sec. 14.20.500. Support. In addition to available state funds, the commission 30 shall also be financed by members of the teaching profession in accordance with 31 regulations adopted by the commission, [DEPARTMENT] including, if necessary, an
01 increase in the fees for certificates. 02 * Sec. 42. AS 14.20 is amended by adding a new section to read: 03 Sec. 14.20.505. Definitions. In AS 14.20.370 - 14.20.510, 04 (1) "commission" means the Alaska Educator Standards Commission; 05 (2) "educator preparation program" means a degree or nondegree 06 program under AS 14.20.450 leading to certification of teachers, administrators, and 07 special service providers that is offered by an institution of higher education, school 08 district, corporation, government agency, or other entity. 09 * Sec. 43. AS 14.20.510 is amended to read: 10 Sec. 14.20.510. Short title. AS 14.20.370 - 14.20.510 shall be known as the 11 Alaska Educator Standards [PROFESSIONAL TEACHING PRACTICES] Act. 12 * Sec. 44. AS 37.05.146(c)(40) is amended to read: 13 (40) receipts of the Alaska Educator Standards [PROFESSIONAL 14 TEACHING PRACTICES] Commission from professional certification fees; 15 * Sec. 45. AS 39.25.120(c)(7) is amended to read: 16 (7) the principal executive officer of the following boards, councils, or 17 commissions: 18 (A) Alaska Public Broadcasting Commission; 19 (B) Alaska Educator Standards [PROFESSIONAL 20 TEACHING PRACTICES] Commission; 21 (C) Parole Board; 22 (D) Board of Nursing; 23 (E) Real Estate Commission; 24 (F) Alaska Royalty Oil and Gas Development Advisory Board; 25 (G) Alaska State Council on the Arts; 26 (H) Alaska Police Standards Council; 27 (I) Alaska Commission on Aging; 28 (J) Alaska Mental Health Board; 29 (K) State Medical Board; 30 (L) Governor's Council on Disabilities and Special Education; 31 (M) Advisory Board on Alcoholism and Drug Abuse;
01 (N) Statewide Suicide Prevention Council; 02 (O) State Board of Registration for Architects, Engineers, and 03 Land Surveyors; 04 (P) Alaska Health Care Commission; 05 (Q) Board of Pharmacy; 06 * Sec. 46. AS 44.62.330(a)(23) is amended to read: 07 (23) Department of Education and Early Development and Alaska 08 Educator Standards [PROFESSIONAL TEACHING PRACTICES] Commission 09 with regard to proceedings to revoke or suspend a teacher's certificate under 10 AS 14.20.030 - 14.20.040 and 14.20.470(a)(4) [AS 14.20.470(a)(4)]; 11 * Sec. 47. AS 47.17.020(f) is amended to read: 12 (f) If a law enforcement agency determines that a child has been abused or 13 neglected and that (1) the harm was caused by a teacher or other person employed by 14 the school or school district in which the child is enrolled as a student, (2) the harm 15 occurred during an activity sponsored by the school or school district in which the 16 child is enrolled as a student, or (3) the harm occurred on the premises of the school in 17 which the child is enrolled as a student or on the premises of a school within the 18 district in which the child is enrolled as a student, the law enforcement agency shall 19 notify the chief administrative officer of the school or district in which the child is 20 enrolled immediately after the agency determines that a child has been abused or 21 neglected under the circumstances set out in this section, except that if the person 22 about whom the report has been made is the chief administrative officer or a member 23 of the chief administrative officer's immediate family, the law enforcement agency 24 shall notify the commissioner of education and early development that the child has 25 been abused or neglected under the circumstances set out in this section. The 26 notification must set out the factual basis for the law enforcement agency's 27 determination. If the notification involves a person in the teaching profession, as 28 defined in AS 14.20.370, the law enforcement agency shall send a copy of the 29 notification to the Alaska Educator Standards [PROFESSIONAL TEACHING 30 PRACTICES] Commission. 31 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION. (a) A person who is a member of the Professional Teaching Practices 03 Commission on the day before the effective date of this Act is a member of the Alaska 04 Educator Standards Commission on the effective date of this Act and may continue to serve 05 the remainder of the member's term, notwithstanding secs. 35 - 37 of this Act. The governor 06 shall make appointments under sec. 35 of this Act to fill vacancies and expired terms on the 07 Alaska Educator Standards Commission that occur on or after the effective date of this Act in 08 accordance with secs. 36 and 37 of this Act. 09 (b) Notwithstanding secs. 38 and 39 of this Act, an educator preparation program that 10 is approved by the state Board of Education and Early Development and accredited by the 11 Council for the Accreditation of Educator Preparation on the effective date of this Act will 12 continue to be an approved program until the program's accreditation expires. 13 * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY; RENEWAL OF TEACHER CERTIFICATES. (a) 16 AS 14.20.015(a)(5), enacted by sec. 1 of this Act, AS 14.20.017(a)(4), enacted by sec. 6 of 17 this Act, and AS 14.20.022(b)(4), enacted by sec. 18 of this Act, apply to preliminary teacher 18 certificates, revocable teacher certificates, and subject-matter expert limited teacher 19 certificates issued on or after the effective date of this Act. A preliminary teacher certificate, 20 revocable teacher certificate, or subject-matter expert limited teacher certificate issued before 21 the effective date of this Act may not be renewed on or after the effective date of this Act 22 unless the teacher has completed the training required under AS 14.20.015(a)(5), enacted by 23 sec. 1 of this Act, AS 14.20.017(a)(4), enacted by sec. 6 of this Act, or AS 14.20.022(b)(4), 24 enacted by sec. 18 of this Act. 25 (b) AS 14.20.017(a)(3), enacted by sec. 6 of this Act, applies to revocable teacher 26 certificates issued on or after the effective date of this Act. A revocable teacher certificate 27 issued before the effective date of this Act may not be renewed on or after the effective date 28 of this Act unless the teacher has satisfied the criminal history background check 29 requirements under AS 14.20.017(a)(3), enacted by sec. 6 of this Act.