Legislature(1999 - 2000)

1999-02-10 House Journal

Full Journal pdf

1999-02-10                     House Journal                      Page 0186
HB 85                                                                        
HOUSE BILL NO. 85 by the House Rules Committee by request of                   
the Governor, entitled:                                                        
                                                                               
"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."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Education, 2/10/99                                  
                                                                               
The Governor's transmittal letter dated February 8, 1999, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
Quality education for all Alaska children remains a focus and ongoing          
effort of my Administration.  This bill I transmit today enhances the          
state's ability to protect students and the integrity of educators by          
strengthening, streamlining and consolidating licensure and discipline         
provisions for members of the teaching profession.                             
                                                                               

1999-02-10                     House Journal                      Page 0187
HB 85                                                                        
The bill incorporates the direction from the Board of Education to             
change a teacher "certificate" to a "license."  The name of the                
"Professional Teaching Practices Commission" would be changed to               
"Educator Ethics Commission," to shorten the name and more                     
accurately reflect the commission's functions.                                 
                                                                               
                                                                               
Among the bill's numerous provisions are new sections governing                
applications and denial of applications for teaching licenses.  The            
current regulatory provision requiring criminal history background             
checks for applicants would be strengthened and placed in statute.  The        
bill would also compile, for the first time, the grounds for denial of an      
application or for putting conditions on a teaching license.                   
                                                                               
                                                                               
The bill expands the range of available disciplinary sanctions beyond          
suspension or license revocation, tracking powers currently available          
to occupational licensing boards, such as being able to summarily              
suspend a license if the educator poses a clear and immediate danger.          
The commission also would gain the authority to impose a civil fine            
against a person who is regulated by state law, but is not required to         
hold a license.  The bill contains provisions that would preclude a            
person whose license is suspended or revoked from employment as a              
member of the teaching profession, even if the position does not               
require a license.                                                             
                                                                               
                                                                               
The bill also would streamline current law by consolidating regulatory         
and statutory grounds for discipline into one statutory provision;             
allowing reciprocal discipline of an educator who was disciplined in           
another jurisdiction; and clarifying the procedure for revoking the            
license of a person convicted of certain sex crimes.  In addition, the         
bill adds misrepresentation of a material fact on an employment                
application as a ground for discipline.                                        
                                                                               
                                                                               
In rewriting the procedures and requirements for reinstatement of a            
suspended or revoked license, the bill would expand from one year to           
five years the waiting period for reinstatement.                               
                                                                               

1999-02-10                     House Journal                      Page 0188
HB 85                                                                        
Finally, the bill contains new provisions to protect the confidentiality       
of minors and of investigatory files, and provides immunity from               
liability for persons who participate in good faith in certain                 
investigations and proceedings of the commission or the Department             
of Education.                                                                  
                                                                               
This bill represents a thorough effort on the part of the Department of        
Education and Professional Teaching Practices Commission to ensure             
Alaska educators are of high quality and integrity.  I urge your prompt        
and favorable action on this measure.                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"