Legislature(1999 - 2000)
02/02/2000 01:35 PM Senate HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 85-TEACHERS'LICENSES, DISCIPLINE & ETHICS
SANNA GREEN, Executive Director of the Professional Teaching
Practices Commission (PTPC), explained that the PTPC is an ethics
board whose major function is discipline. HB 85 pulls many
provisions related to ethics and licensing into one section of
statute. Very few changes have been made to the licensure
provisions. One proposed change is replacing the word
"certificate" with "license" to follow a national trend. A license
indicates a level-entry qualification while the word "certificate"
is used to denote a higher level of recognition. This name change
makes no changes to the licensing qualifications.
SENATOR WILKEN asked if the PTPC will require teacher's licenses
rather than certificates.
MS. GREEN said that is correct.
SENATOR WILKEN asked how other states compare.
MS. GREEN was not sure of the number, but repeated it is a national
trend.
Number 2039
SENATOR WILKEN asked the reason for the change.
MS. GREEN stated that a license is generally recognized as an entry
level credential while a certificate is recognized as requiring a
more stringent process. She noted that most states that attended
the Western States conference are changing the word to "license."
SENATOR WILKEN asked if the fact that Alaska gives a teacher's exam
has anything to do with the name change.
MS. GREEN said it does not.
SENATOR WILKEN pointed out that a criminal history background check
has been added to page 1, line 13.
MS. GREEN replied the background check is not being added, it is
already required. Many of the provisions related to teaching
practices are being incorporated into one place in the statutes.
SENATOR ELTON indicated that he is waiting for a response from the
Department of Education regarding the ability to waive licensure,
a matter he has discussed with Ms. Green.
MS. GREEN noted that PTPA's main concern is the safety of children
in classrooms and, because schools are a victim-rich environment,
PTPA must continually be on the alert for sexual abuse by
educators. Alaska must be cognizant of the fact that it is viewed
as quite remote but it has effective ways to deal with the problem.
A national network has been created; that network registers
educators who have been disciplined. Those records can be checked
when teachers apply for positions in Alaska, however not all states
report. She fears that offenders from states that do not
participate in the registry look to Alaska as the farthest place
they can go where their reputations will not follow them. She
repeated that PTPC has been very careful in that regard.
MS. GREEN referred to the sponsor statement and reviewed the new
provisions contained in HB 85. First, a new section includes a
compilation of the grounds for denial of application. The PTPC
currently recommends application denials to the certification
office in the Department of Education (DOE) but the reasons for
denial are not contained in statute. Second, the bill allows
reciprocal discipline of an educator who was disciplined in another
jurisdiction. At present, if another state has revoked a license
from a teacher who is also licensed in Alaska, Alaska must hold a
due process hearing before it can revoke the license.
SENATOR ELTON questioned how many teachers have licenses in
multiple states.
MS. GREEN said many. She noted that Alaska has about 8,000
teachers in the State but it has jurisdiction over 25,000
certificates. She pointed out that two teachers with Alaska
teaching certificates had their licenses revoked by the State of
Florida after which the PTPC revoked the Alaska licenses.
MS. GREEN explained that the bill expands the waiting period for
license reinstatement from one year to five years.
SENATOR WILKEN asked how that compares to the rest of the nation.
MS. GREEN replied that some states can revoke a license for life,
Alaska cannot. She said five years is average.
SENATOR WILKEN asked how the phrase, "resided out of state" on page
2, line 23, is defined.
MS. GREEN explained that a teacher does not have to apply for a
renewal unless that teacher's license has expired, regardless of
whether the teacher is residing in state or not. A renewal
application will require a criminal history check and applies when
a teacher has not been residing in Alaska and requests a renewal.
Alaska will have no record of what that teacher has been doing
while residing out-of-state.
SENATOR ELTON asked what the PTPC currently does when a person
applies for reinstatement after one year of being disciplined.
MS. GREEN said the PTPC reviews the entire record and any material
presented by the applicant.
SENATOR ELTON asked if a small community was comfortable rehiring
a teacher who was disciplined after one year whether the new
provision would prevent the community from doing so.
MS. GREEN said that is correct but added that licenses are not
revoked unless the offense is very serious.
MS. GREEN continued to explain the new provisions in HB 85. A
misrepresentation of a material fact on an employment application
can be considered as a ground for discipline. Currently, the PTPC
can only consider that as a ground for discipline if the
misrepresentation is made on the certification application, not on
applications for employment with school districts. Such an
offense would not result in license revocation. In addition, HB 85
allows PTPC to put conditions on a teaching license. PTPC has
taken that liberty already but the Department of Law advised that
authorizing language be put in statute.
The next provision gives the PTPC the authority to impose civil
fines against teachers who are regulated by state law but do not
hold licenses. That group includes teachers in higher education,
private school educators, unlicensed administrators, and others.
Although that group falls under the jurisdiction of the PTPC, the
PTPC has no way to discipline that group.
SENATOR ELTON asked what kind of authority the PTPC exercises over
private school educators and why some administrators do not have to
be licensed.
MS. GREEN said most administrators do have to be licensed, but
legislation has been proposed that would allow superintendents to
be unlicensed. She noted some personnel directors are not licensed
teachers. Most private school educators have certificates but some
do not. Most private school contracts require those educators to
obey the code of ethics which falls under the jurisdiction of PTPC.
SENATOR ELTON asked if the PTPC only has jurisdiction over those
educators who have signed contracts that refer to the code of
ethics.
MS. GREEN said that is correct and, as far as she knows, the PTPC
has no jurisdiction if the contract does not mention the code.
SENATOR ELTON asked if the PTPC gets a fee from private schools for
doing that kind of work.
MS. GREEN said it does not get a fee.
MS. GREEN indicated the next new provision 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. She explained that PTPC had a case against a
superintendent at Adak for gross fiscal mismanagement. PTPC's only
jurisdiction was over the superintendent's certificate, which it
revoked. The superintendent was then hired at Chevak as an
uncertificated, paid consultant. After rigorous objection, the
district backed down because, under those circumstances, a
certificate would have had no meaning. This provision does not
allow a person to be reemployed as an educator immediately after
his license has been revoked.
SENATOR ELTON asked if this provision would give the PTPC the
authority to prevent a school district from hiring a teacher with
a revoked license as a lobbyist.
MS. GREEN said she was not sure how far that provision would
extend, but the intent was to prevent the teacher from working in
the central office as a consultant.
SENATOR ELTON expressed concern that, by extending PTPC's authority
to preclude employment by contract, PTPC is setting up two classes
because a person whose license was revoked in another state would
not be precluded from taking that job. He expressed interest in
continuing the dialog on how far PTPC's authorities extend over
contract employees at another time.
MS. GREEN agreed to discuss that question with the Department of
Law and expressed concern that the PTPC does not want to hamstring
villages from hiring for the services they need.
SENATOR ELTON pointed out he believes a school district would be
foolish to hire a person whose license was revoked but he does not
want to create a two class system.
MS. GREEN added that licenses are revoked in very severe cases
only. For other cases, licenses are suspended or conditions are
applied.
SENATOR WILKEN asked Ms. Green to respond to Senator Elton's
concern when the bill is scheduled for another hearing.
MS. GREEN explained that a provision was included to protect the
confidentiality of minors and of investigatory files. Although
initials are used to protect confidentiality, initials are
recognizable in smaller villages therefore a different notation
needs to be used. PTPC does not share any information from its
files from cases in which the charges were not proven or found to
be frivolous, to prevent a person's reputation from being ruined.
SENATOR ELTON asked whether an investigatory file is considered an
open file once the PTPC has decided to revoke a license.
MS. GREEN replied that only evidence which the PTPC provides at the
hearing.
SENATOR ELTON asked if only that information used to make the
decision is available.
MS. GREEN said yes and noted that hearings are public so that
information would be available at the hearing.
The last new provision allows immunity from liability for persons
who participate in good faith in investigations and proceedings of
the PTPC.
MS. GREEN noted the PTPC would like to change its name to the
Educator Ethics Commission which clarifies the Commission's
mission. In law, her position is referred to as "executive
secretary." She has adopted the title of "executive director."
She asked that the title be changed in statute.
Number 785
SENATOR WILKEN asked whether the entire Commission supports HB 85.
MS. GREEN said yes and that members went through the legislation
line-by-line.
SENATOR WILKEN asked about the Department of Education's position.
BETH LAPE, Special Assistant, Department of Education, stated that
DOE supports the legislation.
MS. GREEN clarified that she and her assistant attorney general
instigated this legislation.
| Document Name | Date/Time | Subjects |
|---|