Legislature(2009 - 2010)BELTZ 105 (TSBldg)

04/02/2010 08:00 AM Senate EDUCATION


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08:02:23 AM Start
08:02:48 AM Confirmation Hearing(s)
08:32:33 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         April 2, 2010                                                                                          
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Joe Thomas, Co-Chair                                                                                                    
Senator Bettye Davis, Vice Chair                                                                                                
Senator Charlie Huggins                                                                                                         
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donald Olson                                                                                                            
Senator Gary Stevens                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
PROFESSIONAL TEACHING PRACTICES COMMISSION                                                                                    
                                                                                                                                
     Eric Fry - Juneau                                                                                                          
     Jeffrey Hebard - Fairbanks                                                                                                 
     Michael Husa - Bethel                                                                                                      
                                                                                                                                
          CONFIRMATION(S) ADVANCED                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ERIC FRY, Appointee                                                                                                             
Professional Teaching Practices Commission                                                                                      
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Testified as appointee to the Professional                                                               
Teaching Practices Commission.                                                                                                  
                                                                                                                                
MICHAEL HUSA, Appointee                                                                                                         
Professional Teaching Practices Commission                                                                                      
Bethel, AK                                                                                                                      
POSITION STATEMENT:  Testified as appointee to the Professional                                                               
Teaching Practices Commission.                                                                                                  
                                                                                                                                
JOMO STEWART, Staff                                                                                                             
to Senator Meyer                                                                                                                
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:   Informed the committee that  Mr. Hebard was                                                             
unavailable to testify as appointee  to the Professional Teaching                                                               
Practices Commission because he was teaching a class.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:02:23 AM                                                                                                                  
CO-CHAIR THOMAS  called the  Senate Education  Standing Committee                                                             
meeting to order  at 8:02 a.m. Present at the  call to order were                                                               
Senators Davis, Huggins, Meyer and Thomas.                                                                                      
                                                                                                                                
                    ^CONFIRMATION HEARING(S)                                                                                
                                                                                                                                
Professional Teaching Practices Commission                                                                                    
                                                                                                                                
8:02:48 AM                                                                                                                    
CO-CHAIR  THOMAS  announced  the business  before  the  committee                                                               
would be confirmation hearings for  Jeffrey Hebard, Michael Husa,                                                               
and Eric Fry to positions  on the Professional Teaching Practices                                                               
Commission.                                                                                                                     
                                                                                                                                
8:03:18 AM                                                                                                                    
SENATOR OLSON joined the meeting.                                                                                               
                                                                                                                                
CO-CHAIR  THOMAS  asked  Mr.  Fry to  tell  the  committee  about                                                               
himself and why he wants the appointment.                                                                                       
                                                                                                                                
8:03:24 AM                                                                                                                    
ERIC FRY, Appointee,  Professional Teaching Practices Commission,                                                               
said  he  is  the  information  officer  for  the  Department  of                                                               
Education and  Early Development  (DEED) in  Juneau. Commissioner                                                               
LeDoux  asked him  to  serve  on the  commission  because of  his                                                               
background  as  a  newspaper reporter  because  he's  capable  of                                                               
grasping issues,  asking good questions,  and being  fair minded.                                                               
Commission members act as  adjudicators rather than investigators                                                               
and he  said he  feels that  he has  the necessary  qualities for                                                               
this. He said  he particularly likes that the  Alaska ethics laws                                                               
create  an  expectation  that  teachers   will  maintain  a  good                                                               
classroom climate  that is  free of harassment.  Mr. Fry  said he                                                               
would be happy to serve.                                                                                                        
                                                                                                                                
8:04:49 AM                                                                                                                    
SENATOR  OLSON   asked  for   Mr.  Fry's   thoughts  as   to  the                                                               
Commission's primary purpose  and how he intends  to achieve that                                                               
end.                                                                                                                            
                                                                                                                                
MR.  FRY  replied the  primary  responsibility  is to  adjudicate                                                               
complaints about  teachers' ethics. The Commission  can also give                                                               
recommendations to the state and  local school boards on teaching                                                               
practices.                                                                                                                      
                                                                                                                                
SENATOR OLSON asked if he's ever  been a certified teacher or had                                                               
a close family member who was certified.                                                                                        
                                                                                                                                
MR. FRY answered no.                                                                                                            
                                                                                                                                
SENATOR  OLSON  asked if  anybody  he's  close  to has  ever  had                                                               
ethical problems.                                                                                                               
                                                                                                                                
MR. FRY answered no.                                                                                                            
                                                                                                                                
SENATOR OLSON  observed that  he has  no experience  with ethical                                                               
problems.                                                                                                                       
                                                                                                                                
MR. FRY agreed  that he has had no  experience adjudicating these                                                               
issues.                                                                                                                         
                                                                                                                                
8:05:57 AM                                                                                                                    
SENATOR HUGGINS  asked what circumstances  would bring  a teacher                                                               
before the Professional Teaching Practices Commission.                                                                          
                                                                                                                                
MR. FRY  explained that anyone  is entitled to bring  a complaint                                                               
against   a   teacher.   When  that   occurs   Commission   staff                                                               
investigates to  determine whether or  not the complaint  meets a                                                               
threshold of  not being frivolous  and if it applies  to existing                                                               
laws on what  is unethical. If the issue can't  be resolved early                                                               
on the commission holds a hearing.  If the teacher chooses not to                                                               
contest the claim, the Commission  makes a ruling. If the teacher                                                               
contests the  claim there's a  formal hearing;  an administrative                                                               
law judge  presides, the  attorney general's  office acts  as the                                                               
prosecutor, and the teacher may retain counsel.                                                                                 
                                                                                                                                
8:07:03 AM                                                                                                                    
The  issues  that the  Commission  is  concerned with  relate  to                                                               
teachers using  their professional  position for private  gain or                                                               
using their professional position  to impose their personal views                                                               
on students  or making false  statements about other  teachers or                                                               
committing  the  various types  of  malfeasance  that fall  under                                                               
moral turpitude  - regardless of  whether or not the  action took                                                               
place within the school.                                                                                                        
                                                                                                                                
8:07:45 AM                                                                                                                    
SENATOR HUGGINS asked what the range of punishment would be.                                                                    
                                                                                                                                
MR.  FRY  replied   they  range  from  a   written  reprimand  to                                                               
suspension or revocation of the teacher's certificate to teach.                                                                 
                                                                                                                                
SENATOR HUGGINS  posed a  hypothetical situation  and asked  if a                                                               
teacher accused of drug abuse would come before the commission.                                                                 
                                                                                                                                
MR. FRY answered  yes; a teacher in that  circumstance might face                                                               
criminal prosecution  from the state,  but the state also  has an                                                               
interest  in keeping  teachers out  of the  classroom if  they've                                                               
breached ethics laws. Even if  they've paid their debt to society                                                               
the state may not want that teacher back in the classroom.                                                                      
                                                                                                                                
SENATOR HUGGINS asked how Alaska  communicates the issue to other                                                               
school systems if that person goes somewhere else to work.                                                                      
                                                                                                                                
MR. FRY  replied he  isn't sure  but he  believes that  there's a                                                               
national  clearing  house  and other  states  are  doing  similar                                                               
background checks on teachers                                                                                                   
                                                                                                                                
8:10:17 AM                                                                                                                    
CO-CHAIR  MEYER asked  if he  has children  in the  Juneau school                                                               
system.                                                                                                                         
                                                                                                                                
MR. FRY  replied he has  one who is a  sophomore and one  who has                                                               
graduated;  both  have had  all  their  education in  the  Juneau                                                               
public school system.                                                                                                           
                                                                                                                                
CO-CHAIR MEYER asked how he feels about the teachers in Juneau.                                                                 
                                                                                                                                
MR. FRY replied he  and his wife never felt that  the ethics of a                                                               
teacher were  a problem, but they  did feel that a  teacher might                                                               
have used different instructional techniques.                                                                                   
                                                                                                                                
8:11:47 AM                                                                                                                    
SENATOR OLSON  asked about  his thoughts  on charter  schools and                                                               
teachers in charter schools.                                                                                                    
                                                                                                                                
MR. FRY said  as a citizen and a parent  he is generally positive                                                               
about  charter  schools  and  Alaska seems  to  have  had  better                                                               
success with them than other  states. Charter school teachers are                                                               
hired by  a public school and  would therefore be covered  by the                                                               
Commission. Charter schools aren't  hiring teachers that can't be                                                               
hired elsewhere, he added.                                                                                                      
                                                                                                                                
SENATOR OLSON  asked if he  believes that teachers who  are drawn                                                               
to charter schools sometimes have a different bias.                                                                             
                                                                                                                                
MR.  FRY said  he can  see that  some teachers  are drawn  to the                                                               
philosophy of  a charter school,  but he hasn't thought  about it                                                               
in  terms of  a  bias  or something  that  relates  to ethics  or                                                               
teacher quality. He  said he doesn't believe that  there's a two-                                                               
quality  system and  he's never  heard of  problems with  charter                                                               
school teachers in general.                                                                                                     
                                                                                                                                
SENATOR  OLSON asked  if the  commission adjudicates  for private                                                               
school teachers.                                                                                                                
                                                                                                                                
MR.  FRY  said  he  doesn't believe  so  because  private  school                                                               
teachers don't have to be certified by the state.                                                                               
                                                                                                                                
8:16:10 AM                                                                                                                    
CO-CHAIR  THOMAS  asked Mr.  Husa  to  tell the  committee  about                                                               
himself and why he is seeking the appointment.                                                                                  
                                                                                                                                
MICHAEL   HUSA,   Appointee,  Professional   Teaching   Practices                                                               
Commission,  said he's  a teacher  in  Bethel and  would like  to                                                               
continue  to serve  on  the  commission. If  teachers  are to  be                                                               
recognized as  professionals, there has  to be some  oversight in                                                               
certification  issues  and  classroom   teachers  have  the  best                                                               
understanding  of what  it takes.  While it's  never fun  to deal                                                               
with a teacher  who has crossed the line with  respect to ethics,                                                               
it is very important to do so. He offered to answer questions.                                                                  
                                                                                                                                
CO-CHAIR THOMAS  asked the number  of adjudication  hearings he's                                                               
been involved in during his time on the Commission.                                                                             
                                                                                                                                
MR. HUSA  said he has sat  through numerous rulings and  has read                                                               
many reports,  but he's not been  involved in any that  have gone                                                               
to  court.  When  the  Commission meets  they  read  through  the                                                               
reports  and the  recommendations that  the Commission  president                                                               
has made to ensure that all  of the procedures have been followed                                                               
to protect the rights of teachers and students.                                                                                 
                                                                                                                                
CO-CHAIR THOMAS  asked him to  give examples,  without mentioning                                                               
names, of the types of things he's heard.                                                                                       
                                                                                                                                
MR. HUSA  cited examples of  alleged sexual discrimination  by an                                                               
administrator, teachers and administrators  that have crossed the                                                               
line  in  their relationship  with  students,  teachers who  have                                                               
mishandled state tests in regard to the SBAs and HSGQE.                                                                         
                                                                                                                                
CO-CHAIR THOMAS  asked if there  have been any issues  related to                                                               
teachers claiming  free speech and  their right to  teach certain                                                               
subject matter  or in  a particular manner  that they  believe is                                                               
correct.                                                                                                                        
                                                                                                                                
MR. HUSA  replied not in the  years he's been on  the Commission.                                                               
He added that those issues are often handled by the districts.                                                                  
                                                                                                                                
8:20:30 AM                                                                                                                    
SENATOR HUGGINS asked  how much time elapses  between a complaint                                                               
being made and the final adjudication.                                                                                          
                                                                                                                                
MR.  HUSA  explained  that an  investigation  begins  immediately                                                               
after  a complaint  is  made  and the  Commission  usually has  a                                                               
recommendation within  three to  six months if  everyone responds                                                               
promptly. The teacher  may or may not still be  in the classroom;                                                               
the  Commission  is simply  making  a  decision on  the  teaching                                                               
certificate.   However,  when   people  aren't   cooperative  the                                                               
investigation  takes  longer and  the  process  can take  several                                                               
years.                                                                                                                          
                                                                                                                                
8:21:50 AM                                                                                                                    
SENATOR  HUGGINS  asked if  they  rotate  the location  of  their                                                               
meetings.                                                                                                                       
                                                                                                                                
MR. HUSA  said all of the  meetings are held in  Anchorage at the                                                               
state library.                                                                                                                  
                                                                                                                                
8:22:24 AM                                                                                                                    
SENATOR OLSON asked for his view  of exit exams and the idea that                                                               
students may be trying to get advance information on it.                                                                        
                                                                                                                                
MR.  HUSA  said he  isn't  opposed  to  the  concept, but  he  is                                                               
concerned that  it has become  so high-stakes that  students feel                                                               
they have  to cheat and some  teachers tend to provide  more help                                                               
than is ethically  allowed. But, he said, the  biggest problem he                                                               
has with the exit  exam is that it's locked into  three days in a                                                               
year and  that timeframe is  absolutely inflexible. He  related a                                                               
situation when  two small children  fell through the ice  and the                                                               
school closed  to search for  them. One  of the bodies  was found                                                               
and the  funeral was on the  day of the  test and he had  to tell                                                               
the  students that  they  couldn't return  after  the funeral  to                                                               
finish taking the test.                                                                                                         
                                                                                                                                
SENATOR  OLSON   asked  if  it   was  the  rules   governing  the                                                               
administration  of the  test that  he was  bowing to  that didn't                                                               
allow the students to return.                                                                                                   
                                                                                                                                
MR. HUSA replied that is correct.                                                                                               
                                                                                                                                
SENATOR OLSON  asked where  he sees education  going in  the next                                                               
few years and  the quality of teachers that will  be attracted to                                                               
the more remote areas.                                                                                                          
                                                                                                                                
MR. HUSA said  he believes that some of the  best teachers in the                                                               
country continue  to be drawn both  the rural and urban  areas of                                                               
Alaska. The  nature of the  job brings  to Alaska people  who are                                                               
looking for something different.  Indigenous people are attracted                                                               
to  teaching more  and  more  and people  who  grew  up in  rural                                                               
settings are choosing  to stay. These both add to  the quality of                                                               
Alaska's  teachers, he  said. He  continued to  offer his  belief                                                               
that technology  will continue  to change  rapidly and  this will                                                               
change how instruction is delivered.                                                                                            
                                                                                                                                
8:27:21 AM                                                                                                                    
CO-CHAIR MEYER noted that Mr.  Husa graduated from the University                                                               
of Nebraska and asked what brought him to Bethel.                                                                               
                                                                                                                                
8:27:50 AM                                                                                                                    
MR. HUSA explained  that when he decided to become  a teacher the                                                               
only place he  wanted to teach was Alaska even  though he'd never                                                               
been here before. He  was fortunate to land a job  and he fell in                                                               
love with the culture and the area and chose to remain.                                                                         
                                                                                                                                
8:29:11 AM                                                                                                                    
JOMO  STEWART, Staff  to Senator  Meyer,  informed the  committee                                                               
that  Mr.  Hebard,  the  third   appointee  to  the  Professional                                                               
Teaching  Practices Commission,  was unavailable  because he  was                                                               
teaching a  class. Mr. Hebard  lives in Fairbanks and  this would                                                               
be his  third term. Responding  to a question from  Senator Olson                                                               
he said he hasn't heard any complaints about Mr. Hebard.                                                                        
                                                                                                                                
8:29:50 AM                                                                                                                    
CO-CHAIR  THOMAS  announced  that without  objection  the  Senate                                                               
Education Committee  recommends forwarding to a  joint session of                                                               
the Legislature  the names  Eric B. Fry,  Jeffrey A.  Hebard, and                                                               
Michael  D.  Husa  for  positions   on  the  Alaska  Professional                                                               
Teaching Practices Commission. Signing  the form does not reflect                                                               
any intent  by any of the  members of this committee  to vote for                                                               
or against the  confirmation of the individuals  during a further                                                               
session.                                                                                                                        
                                                                                                                                
8:30:35 AM                                                                                                                    
CO-CHAIR  THOMAS asked  Mr.  Richmond to  explain  what would  be                                                               
covered  on  Wednesday  in  the  joint  meeting  with  the  House                                                               
Education Committee.                                                                                                            
                                                                                                                                
8:31:15 AM                                                                                                                    
MURRAY  RICHMOND,  Staff to  Senator  Thomas,  explained that  on                                                               
March 31,  2010 Judge Gleason handed  down a third ruling  in the                                                               
Moore  case.  In  this  ruling   she  explicitly  said  that  the                                                               
Legislature is responsible for the  five districts that are under                                                               
performing.  They have  arranged a  meeting with  the plaintiff's                                                               
attorney, the state's attorney,  Legislative Legal attorneys, and                                                               
the administration to discuss what that means for the state.                                                                    
                                                                                                                                
8:32:33 AM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Co-Chair   Thomas  adjourned   the   Senate  Education   Standing                                                               
Committee meeting at 8:32 a.m.                                                                                                  

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