Legislature(2019 - 2020)BUTROVICH 205
04/09/2019 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Professional Teaching Practices Commission | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 56 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
April 9, 2019
9:00 a.m.
MEMBERS PRESENT
Senator Gary Stevens, Chair
Senator Shelley Hughes, Vice Chair
Senator Chris Birch
Senator Mia Costello
Senator Tom Begich
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Professional Teaching Practices Commission
Todd Smoldon - Willow
Tammy Van Wyhe - Glenallen
Janine Todd - Delta Junction
- CONFIRMATION(S) ADVANCED
SENATE BILL NO. 56
"An Act relating to health education and physical activity
requirements for students in grades kindergarten through eight;
and establishing the Thursday in February immediately following
Presidents' Day as PLAAY Day."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JANINE TODD, Appointee
Professional Teaching Practices Commission
Delta Junction, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission.
TAMARA VAN WYHE, Appointee
Professional Teaching Practices Commission
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission.
TODD SMOLDON, Appointee
Professional Teaching Practices Commission
Willow, Alaska
POSITION STATEMENT: Testified as appointee to the Professional
Teaching Practices Commission.
PATRICK MAYER, President
Alaska Superintendents Association
Alaska Council of School Administrators;
Superintendent
Yakutat School District
Yakutat, Alaska
POSITION STATEMENT: Supported confirmation of Chris Reitan and
Tamara Van Wyhe to the Professional Teaching Practices
Commission.
MATT EISENHOWER, President
Ketchikan School Board
Ketchikan, Alaska
POSITION STATEMENT: Shared his district's experience on the
Professional Teaching Practices Commission's role in Alaska.
BRITTANY HARTMANN, Legislative Liaison
Department of Education and Early Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Answered question about the Professional
Teaching Practices Commission budget.
ACTION NARRATIVE
9:00:31 AM
CHAIR GARY STEVENS called the Senate Education Standing
Committee meeting to order at 9:00 a.m. Present at the call to
order were Senators Costello, Birch, Hughes, Begich, and Chair
Stevens.
^CONFIRMATION HEARING(S): Professional Teaching Practices
Commission
CONFIRMATION HEARING(S):
Professional Teaching Practices Commission
9:00:46 AM
CHAIR STEVENS announced the consideration of the governor's
appointees to the Professional Teaching Practices Commission
(PTPC). He asked Janine Todd to speak to the strengths she
brings to the commission, why she is interested in serving, and
any goals she may have.
9:01:47 AM
JANINE TODD, Appointee, Professional Teaching Practices
Commission, Delta Junction, provided her background, including
that next month she will have completed her 33rd year of
teaching. She said that she has spent the past 28 years with the
Delta Greely School District. She offered her belief that she
brings discernment to the commission. While it is heartbreaking
to think of teachers losing their certifications, it is critical
for teachers' actions to follow the code of ethics. She offered
her belief that she has the ability to analyze the facts
presented in cases and to make the hard decisions necessary to
protect students, staff, and the profession.
She was appointed in June to fill a teacher's position on the
commission. Along with Melody Mann, the PTPC's executive
director, she attended a conference in Portland, Maine, of the
National Association of State Directors of Teacher Education and
Certification (NASDTEC), which is a clearing house for checking
on teacher backgrounds. She learned a significant amount about
professional teaching practices from legal and teaching
professionals. She also heard from victims about their traumatic
experiences and recovery processes.
MS. TODD said that it has been a privilege to serve on the PTPC
for the past seven months. It has given her the opportunity to
give back to her profession. She offered her sense that the PTPC
often has been viewed negatively since it is the body that
imposes sanctions and revokes certificates of teachers who
engage in illegal and unethical conduct. However, the commission
helps to safeguard students and staff, she said. This commission
ensures that the best possible educators are providing the best
education to their students. The PTPC also provides input on the
teacher preparation program, the certification process, and the
application for teacher certification. For example, the PTPC
changed the teacher application forms to make it easier for Ms.
Mann to identify people who should not seek teacher positions
based on their history. The PTPC also offers professional
development to districts on the PTPC's role and function and on
the code of ethics. From her perspective, the PTPC works very
well. She said that issues are reported, investigations are
conducted, and decisions are made. The commission has made
positive strides in improving its reputation throughout the
state. She highlighted her goal to increase awareness, so
teachers know about the PTPC and the commission's role. Second,
she would like to change attitudes, so when the PTPC was
mentioned, rather than being viewed as "police" that the word
"advocate" would come to mind.
CHAIR STEVENS said the committee lacks knowledge about the
commission's function and role. He asked whether the PTPC has
revoked any teacher certificates during her short time serving
on the commission.
MS. TODD explained the PTPC's process. When cases are first
reported to the PTPC, the executive director, investigates and
make recommendations to the commission. The commission would
review the evidence and confirm the director's decision or
reject it and propose its own decision. She said that thus far
she has only been involved in one-year suspensions. She said she
initially thought that most cases relate to teacher or staff
offenses against children or immoral behavior, but most relate
to breaking contracts.
CHAIR STEVENS said that all teachers are aware of the
commission, but often outsiders are not. He remarked that it
would be good for people to know the commission exists.
9:08:57 AM
SENATOR BIRCH pointed out Ms. Todd's affiliation with the
National Education Association (NEA), the union representing
many of the teachers. He asked about the interplay between the
commission, school districts, e.g., the employees, and the
union. He said he assumed inappropriate behavior would first be
reported to the employer. He asked how the commission and the
employee's union representative would become involved.
MS. TODD related her understanding that anyone, including an
administrator, could report a complaint directly to the PTPC.
She explained that the PTPC can be used in many ways, such as
determining whether a teacher has any violations that were
investigated by the PTPC. She has been a [NEA] union member her
whole career. She viewed participation in a professional
organization, such as the NEA, as important. Staff members can
bring issues to the [NEA] to seek help. However, the union does
not supersede any code of ethics. Any violation of the code of
ethics would be reported to the PTPC for investigation. In fact,
the union would not intervene or interfere in a PTPC
investigation, she said. The [NEA's] role is to enforce contract
issues, not code of ethics issues.
SENATOR BIRCH said he found that helpful. The committee has
previously heard that many first-time teachers come from out of
state because the state cannot produce enough teachers within
Alaska. He asked whether the PTPC would retrieve information
outside of Alaska on teaching practices for prospective
employees.
MS. TODD answered that the commission conducts background
checks. She highlighted that the PTPC uses the National
Association of State Directors of Teacher Education and
Certification (NASDTEC), which is a national clearinghouse and
repository for actions taken against educator licenses or
certificates. The districts and the PTPC can use the PTPC to
check potential employees since the teachers with any
disciplinary actions are flagged.
SENATOR BIRCH asked if the NASDTEC was primarily a clearinghouse
for educators.
MS. TODD responded that NASDTEC pertains to teacher education
and certification. She said she did not believe NASDTEC included
classified employees, such as teacher aides.
9:13:11 AM
CHAIR STEVENS asked what time commitment members make when
serving on the PTPC.
MS. TODD replied that she has not yet attended a commission
hearing. The hearing would be more like a court case, she said.
Typically, the PTPC holds three scheduled meetings during the
school year that span one or two days, depending on the number
of cases on the agenda, she said. Prior to the meeting members
receive a packet of information in preparation for the meeting.
This information must be destroyed after members read the
packets, due to confidential information, she said.
SENATOR BEGICH asked what the phrase "breaking contract" means.
MS. TODD replied it pertained to teachers who signed their
contract and then did not fulfill their commitment.
SENATOR BEGICH asked what "advocate" means to her.
MS. TODD said that the PTPC tends to be viewed as a disciplinary
agency. She suggested the PTPC might need to provide outreach
and staff development on the code of ethics and the PTPC's
function. She offered her belief that teachers throw out the
PTPC's periodic newsletter that reports case outcomes and any
updates of the code of ethics, in part, because of a lack of
understanding about the PTPC's function and purpose. As an
advocate, she would like teachers to view the PTPC as a resource
rather than to only call the commission when problems arise.
SENATOR BEGICH said he thought it was a good goal. He recalled
she mentioned that she had not reviewed any cases based on
immoral or unethical conduct yet. He asked her to describe what
would constitute immoral or unethical.
MS. TODD replied that immoral conduct would be teachers having
inappropriate relationships with students. Although she has not
dealt with that type of case, she was aware of previous cases in
which high school teachers were dating students. She
characterized immoral or unethical behavior as "crossing the
line."
9:17:32 AM
SENATOR BEGICH agreed that [sexual] relationships between
teachers and students were clearly immoral, illegal, and
unethical because of the authority teachers have over students.
He asked whether how teachers comport themselves in their
private lives would have an impact on any decisions she might
make.
MS. TODD responded that she was unsure if the commission would
even know about teachers' personal lives. She was unsure how
relationships such as adulterous relationships would be
reported.
SENATOR BEGICH asked if it were, how she would react.
MS. TODD replied that she would review the teacher's code of
ethics for guidance on whether it speaks to that and if any
consequences were given. She was unsure of what the
repercussions would be, such as losing teacher certification.
SENATOR BEGICH remarked that he thought that was a good answer.
She has been a member of the NEA union. He asked how her
personal beliefs would affect this job or if she could set them
aside and focus on the case in front of her.
MS. TODD said that she could be impartial. She characterized her
NEA participation as a completely different part of her life.
She is a strong member of her union because she believes in
local support of staff and the protection of their rights, but
those rights do not include violations of the code of ethics.
9:20:38 AM
SENATOR HUGHES asked how many cases the PTPC handles a year and
if some cases never rise to that level because the districts, a
superintendent, or principal had handled the matter without
going to the PTPC.
MS. TODD replied that she is not sure how many cases Ms. Mann
reviews in a month or in a year. During the investigation
process some matters are handled in-house by the district. The
PTPC would not review or be aware of cases that the executive
administrator determined was more appropriate for the district
to handle.
SENATOR HUGHES asked whether a certificate would be removed
automatically in case of illegal activity or if a complaint must
be filed.
MS. TODD responded that she wished that she was more
knowledgeable about that process. She previously mentioned the
districts' investigative and disciplinary processes. In cases
with illegal or criminal activity, the first step would be to
put the teacher on leave, then the districts would conduct an
investigation and refer it to the PTPC, if appropriate. She said
she was unsure, but she thought automatic revocation would
occur, depending on the severity of the case.
SENATOR HUGHES expressed concerned that teachers who committed
illegal acts would still maintain their teaching certificates
even if these teachers had served time. She said it would allow
those teachers to leave the state and teach some place outside
Alaska.
MS. TODD pointed out that every employment application contains
a question that asks whether the applicant has ever been
convicted or accused of any crime. Any applicants who check this
box would be investigated, and if an applicant was accused but
found innocent, the applicant could provide an explanation. She
characterized this as the first level of flagging, which would
be information captured by the clearinghouse. She reiterated
that all applicants who check this box would be investigated.
SENATOR HUGHES asked whether teachers undergo background checks
as part of the certification process.
MS. TODD answered yes, plus applicants also are fingerprinted.
She said she hoped that districts would carefully review teacher
applications.
CHAIR STEVENS remarked that the legislature has a Legislative
Ethics Commission. The legislature and commission are also very
careful about legal issues. He asked whether the PTPC receives
advice from the Department of Law.
MS. TODD agreed the PTPC has an attorney available to assist it.
SENATOR BEGICH said the statute requires recommendations for
positions be submitted to the Professional Teaching Practices
Commission (PTPC) for consideration. He related his
understanding that she would fill the teacher representative
position. He asked whether her name was submitted by a
recognized professional organization.
MS. TODD answered that her name was submitted by NEA-Alaska.
9:28:42 AM
TAMARA VAN WYHE, Appointee, Professional Teaching Practices
Commission, Juneau, said she is the representative for the
Department of Education and Early Development (DEED) on the
PTPC. Nearly her entire adult life has been dedicated to the
field of education. In 1995, she and her husband moved from
Minnesota to Alaska with their three small children. Over the
last 24 years she has served in the Mat-Su, Anchorage, and
Copper River School Districts in a multitude of positions in the
classroom, school administration, and district offices. In 2004,
she earned her certification from the National Board for
Professional Teaching Standards. During her years at the
district office, she led online and blended learning initiatives
and coordinated the district's digital teaching initiative
project. In 2015, she was recognized as the technology
leadership award winner by the Alaska Society for Technology in
Education (ASTE). In 2019, she left the superintendency of the
Copper River School District to join DEED as the Division
Director for Educator and School Excellence. She said her
husband works as a farmer in the Copper River basin, her two
sons work in education in Alaska, and her daughter is a graduate
student at the University of Alaska Fairbanks.
MS. VAN WYHE offered her belief that she brings a deep
understanding and commitment to the code of ethics to the PTPC.
Educators must hold themselves to a higher standard at all times
because teachers serve as role models for children. As a school
administrator she became familiar with the PTPC's investigatory
process when concerns arose about staff conduct and PTPC reports
were either considered or required. She expressed gratitude that
the PTPC exists. According to their mission statement, the PTPC
serves as a preventive and positive force in helping to enhance
the professional performance of all educators so that the
public's right to the best education possible for all of
Alaska's students is adequately protected.
MS. VAN WYHE said she is pleased to serve as DEED's
representative because the PTPC's activities align with teacher
quality, which falls within the Educator and School Excellence
division. She said that she is passionate about educator
quality. The PTPC plays an important role in ensuring that the
educators who interact with Alaska students and stakeholders on
a daily basis are committed to ethical behavior. The PTPC
embodies a clear path for investigation and consequences when
ethical lines are crossed, and contractual agreements have been
broken.
MS. VAN WYHE offered several suggestions. First, the PTPC's
handbook for educators and other materials available to
educators to inform schools about the PTPC and its role and
processes should be updated. The handbook was last updated in
2011, and it needs to be refreshed even though it has not
significantly changed. Second, communications and interactions
have changed dramatically due to mobile devices and social
media, so the PTPC could inform Alaska educators of ethical
standards using social media. This tool could simultaneously
caution the educators of their accountability as public
authority figures since educators are teaching youth.
9:34:00 AM
SENATOR COSTELLO remarked that she formerly was a classroom
teacher who taught in three school districts in Alaska. She said
she was impressed with Ms. Van Wyhe's resume. She asked whether
Ms. Van Wyhe could provide the committee with information about
the digital teaching initiative grant that she designed,
authored and managed. She also expressed an interest in Ms. Van
Wyhe's article, "When the Impossible Happens," and on the
digital learning programs she also designed for the Copper River
School District.
SENATOR BEGICH noted that she spoke about illegal and unethical
conduct. He asked her what immoral means to her.
MS. VAN WYHE replied that individuals define immoral differently
based on their personal beliefs and experiences. In terms of
immoral behavior in education, she thought everyone could agree
on certain things such as the focus always being on children's
safety. It would be difficult to singularly define immoral
because it is rooted in personal beliefs. She offered her belief
that the PTPC could use it as an opportunity to provide various
interpretations of immoral behavior to be considered by the
commission and situations as a group. The PTPC was not a single
stakeholder or individual making a decision related to
immorality. Instead, the PTPC works collectively to make
decisions, she said.
SENATOR BEGICH reiterated that she said immorality was rooted in
personal belief and that matters to him. He asked how it would
affect her if a teacher's lifestyle outside of the classroom was
one that did not match her personal beliefs.
MS. VAN WYHE acknowledged that when she worked in the district
office that many situations arose where an individual's
lifestyle outside of school was troubling. Sometimes it
pertained to personal relationships or substance use. The
district would consider situations brought up by concerned
parents or administrators or coworkers and determine whether
something was "not okay" by whether it affected an individual's
performance in the classroom. Although she might not always
agree with an individual's lifestyle choice, the district had to
determine whether the person's choice adversely influenced
students in a classroom, and whether it affected the educator's
ability to teach or fulfill a leadership role. If it had no
bearing on the job, then the district would not take any action,
she said.
SENATOR BEGICH remarked that she made a nice connection between
the two.
9:40:10 AM
SENATOR BIRCH recalled earlier testimony about the NASDTEC
clearinghouse as a means of assessing prospective education
employees. He asked whether the commission used a rating for
educators currently employed and if the PTPC was involved in
staff reductions.
MS. VAN WYHE replied that the PTPC does not have a role in
staffing schools or reducing staff in cases of budget
shortfalls. Those decisions fall completely outside the purview
of the PTPC, she said.
CHAIR STEVENS recalled earlier testimony that the PTPC did not
want to be viewed as police and that the commission only dealt
with reported activity from a parent or administrator. He asked
her to expand on that process.
MS. VAN WYHE responded that anyone could submit a report to the
PTPC, but typically investigations begin at the school and
district level. In fact, the vast majority of reports are made
to principals, superintendents, or school boards, she said.
Investigations are conducted at those levels before being
referred to the PTPC. However, during the time she was a
district administrator, some private individuals made reports
directly to the PTPC. The commission's executive director would
inform the school district that an investigation was being
conducted based on a complaint. She clarified that the
commission's role was not to seek out problems, but instead to
address reported issues with the districts to seek resolution.
SENATOR BEGICH noted that under AS 14.20.470, one power of the
commission was to make recommendations to the board or to the
school boards for improvements in the teaching profession. He
said that was the positive, non-policing role of the commission
that Ms. Todd and Ms. Van Wyhe mentioned. He remarked that it
was nice to see the commission move to that next level.
CHAIR STEVENS asked Todd Smoldon to introduce himself and
highlight the strengths he would bring to the commission, relate
his interest in serving, and any goals for the commission.
9:45:36 AM
TODD SMOLDON, Appointee, Professional Teaching Practices
Commission, Willow, briefly described his work history saying
that he has been a teacher for 21 years, and has taught online
courses for 14 years. He has taught Japanese, economics, and
history at East High School in Anchorage for 17 years. He has
been teaching at North Star Behavioral Hospital for the last
four years. He holds an economics degree and a Master of Arts in
Teaching from the University of Alaska Anchorage. He offered his
belief that he brings an understanding of diverse student
populations to the commission. East High School is the most
diverse school in the country, he said. He has also worked in
special schools with at-risk students struggling with mental
health issues. During this time, he has gained a wide
perspective on how all students learn differently, which
presents challenges for teachers, he said.
MR. SMOLDON expressed an interest in serving on the PTPC because
it is important for professional educators to maintain
professionalism. Further, a significant portion of the state's
budget is spent on K-12 education, and the public must have
trust in educators. Any issues with professionals working in the
education system can be addressed, he said. He was encouraged to
hear his fellow commissioner appointees discuss the advocacy and
professional development role of the commission. As educators,
commission members must act as police and enforce and
investigate complaints. However, the commission seeks to
maintain the professionalism of educators, he said. The
commission also wants to bolster teachers and provide
expectations, and a method for educators to grow.
He echoed Ms. Todd's goal to make the commission more visible to
professionals, and to assist teachers in professional
development, ethics and professional practices. He said he hoped
the commission would have more visibility in the communities, so
parents become more aware of the PTPC's function. This could
encourage parents to report unprofessional conduct to principals
and school districts.
CHAIR STEVENS said he favors public outreach to ensure that
parents and others know to report complaints on conduct to the
commission.
SENATOR BEGICH said he liked the idea of advocacy. He asked Mr.
Smoldon how he would define immoral behavior as a member of the
commission.
MR. SMOLDON answered that his personal definition was not
important in terms of the commission's function and role since a
written code of ethics for professional educators exists. The
investigation process uses the written code of ethics. The only
time that PTPC would make a determination would be in instances
in which an educator's personal life spilled into the classroom.
9:53:25 AM
SENATOR BEGICH said that anyone can look up the definitions for
illegal, immoral, or unethical in the statutes. He asked if
parents were to bring a complaint to the commission about an
educator's lifestyle that the parents disagreed with, what his
reaction would be and how that would that affect his decision.
MR. SMOLDON reiterated the investigative process the previous
appointees outlined. When a parent or anyone files an ethics
complaint, the principal and local school district would make a
determination based on the code of ethics. If it advanced to the
PTPC, the executive director would investigate and determine
whether the commission should consider some kind of sanction.
There are many disciplinary levels that could be used, from
warnings to license suspension or revocation. He related his
understanding that the offense would need to be an egregious
offense, with agreement by many people before the PTPC's
commissioners review the case using the code of ethics to
determine whether it has a negative impact on the classroom. He
did not believe a commissioner's personal moral views determined
the outcome since the outcome was the function of the many
people involved in process.
SENATOR BEGICH said he appreciated the answer. He asked whether
a professional teacher organization had submitted his name as
the classroom teacher representative to serve on the PTPC.
MR. SMOLDON replied that his name was submitted through an
alternative process, by gathering signatures of 25 or more
teachers who agreed to him being considered for the position.
CHAIR STEVENS highlighted that Mr. Smoldon currently serves as
the director of Governor Dunleavy's Mat-Su Valley office.
MR. SMOLDON agreed. He related his understanding that the
[Department of Law] and the PTPC's attorney agreed that he was
eligible to serve on the PTPC.
SENATOR BEGICH asked whether he was currently teaching.
MR. SMOLDON answered that he is on a leave of absence, so
technically he is still considered a classroom teacher.
SENATOR BEGICH asked whether the director's job was a fulltime
position.
MR. SMOLDON answered yes.
9:58:21 AM
SENATOR BEGICH expressed an interest in reviewing the legal
opinion that found a full-time director position was considered
a classroom teacher's job. He said he was confused by that
statement.
MR. SMOLDON explained that since he was on a leave of absence
from teaching, he was technically still considered a classroom
teacher.
SENATOR BEGICH said he would ask Legislative Legal to provide an
opinion on the matter. The point of having an active classroom
teacher serve on the PTPC is to provide the perspective of the
teacher's direct experience.
CHAIR STEVENS asked Mr. Smoldon if he saw any conflict by
serving as director of the governor's office in Mat-Su.
MR. SMOLDON answered that the two positions were completely
separate. As director of the Mat-Su office he serves as the
liaison between local governments, constituents, nonprofits and
business organizations in the Mat-Su Valley. As a member of the
PTPC he would determine whether someone met the professional and
ethical practices for being an educator. Based on his 20 years
of classroom experience, he said he was confident that he could
do so.
10:00:49 AM
SENATOR COSTELLO requested an updated resume to show all his
employment history, including his position as director.
SENATOR HUGHES asked whether he was appointed to serve on the
PTPC before he became director of the governor's Mat-Su office.
She further asked if the legal opinion was issued after that
time.
MR. SMOLDON said he was appointed to the commission in December
2018 to serve on the PTPC. He was hired to serve in the
director's position in March 2019, which is why his resume was
not current. He said he certainly understood the committee's
concerns and would send an updated resume.
CHAIR STEVENS announced that he would reschedule the
confirmation hearing for Chris Reitan, Craig, appointee, PTPC
since he was unavailable today.
10:03:09 AM
SENATOR HUGHES asked Mr. Smoldon for the time limit of his leave
of absence.
MR. SMOLDON answered that his current leave of absence was
through this school year. He would decide whether to apply for
another year of leave of absence at that time.
SENATOR HUGHES asked if the Anchorage School District has any
time restriction for a leave of absence.
MR. SMOLDON replied that an additional year for a leave of
absence is the most that he could take.
SENATOR BEGICH said that the PTPC appointment is for a three-
year term. As a point of information and consideration, he
offered his belief that Mr. Smoldon could not be absent from the
classroom for that period of time since he serves in a qualified
position.
SENATOR HUGHES asked if he planned to return to teach the third
year.
MR. SMOLDON replied that he has not yet decided.
10:05:43 AM
CHAIR STEVENS opened public testimony on the confirmation
hearings.
10:05:59 AM
PATRICK MAYER, President, Alaska Superintendents Association,
Alaska Council of School Administrators, Superintendent, Yakutat
School District, Yakutat, expressed support for superintendent
Chris Reitan as the PTPC representative for the Alaska
Superintendents Association. He has 21 years of experience in
Alaska and worked through numerous due process scenarios during
his career. He served as superintendent in Galena and now in
Craig. He offered his belief that Mr. Reitan would bring a
strong rural perspective to the commission, and that he received
unanimous support from the association. He related Mr. Reitan
has exhibited the highest ethical standards and will serve the
mission of the PTPC in an exemplary manner. Ms. Van Wyhe, a
former member of the Alaska Superintendents Association and the
former superintendent of the Copper River School District, will
also serve with distinction, he said.
CHAIR STEVENS said the committee would remember his testimony
when the committee takes up Chris Reitan's confirmation hearing.
10:07:57 AM
MATT EISENHOWER, President, Ketchikan School Board, Ketchikan,
said that last year one of Ketchikan's teachers was arrested and
prosecuted for a sexual assault case and pled guilty. When the
KSB reviewed this case, it looked at three levels. Law
enforcement handled the police investigation, the school handled
the district's policy and procedures in-house, but the third
piece related to violations of ethical standards the PTPC could
have enforced if the commission had been informed.
He explained one standard in 20 AAC 10.900 defined sexual
conduct, which includes explicit sexual jokes, stories and
flirtatious or sexual comments. The school district found those
behaviors present during its investigation. He offered his
belief that the school district did not believe it had an
obligation to report to the PTPC those obvious ethical standard
failures. However, if the PTPC is not aware of ethical
violations, it cannot take action. Principals would hold
information [confidentially] similar to how human resources
personnel handle personal information. He offered his belief
that if more people had been made aware of some of the
offender's early behaviors described by as "creepy," the
district and PTPC could have acted earlier. One consequence of
"creepy behavior" not being reported to the PTPC is that an
educator could move to another school district. In this way, the
"creepy" behavior would not be tracked, and more students would
be put at risk, he said. He expressed gratitude to the districts
for an awareness of the importance of the PTPC, particularly as
it relates to student safety and protection.
CHAIR STEVENS thanked him for sharing that school districts did
not have any obligation to report the behavior. He asked if he
had any suggestions on how to resolve these issues.
MR. EISENHOWER answered that the districts and PTPC were
addressing the issue. Unfortunately, the pain his community and
district experienced would lead these conversations. As a lay
person, he will listen to advice from the experts and the
executive director. He serves as the board president and
hospital administrator. He heard all three candidates indicate
communication between the districts and the PTPC needed to be
addressed.
10:12:01 AM
SENATOR BEGICH asked whether he had any prior awareness of the
Professional Teaching Practices Commission (PTPC) being in
Ketchikan.
MR. EISENHOWER related his understanding that the commission has
not had a presence in Ketchikan, although Ms. Mann spoke with
him after the fact. He has been focused on what should have
taken place before the incidents. The district has since changed
some procedures to make teachers and staff aware of the policy,
but professional standards go beyond that. He was not sure who
would be in charge of that outside of the PTPC.
SENATOR BEGICH said that he and Senator Stevens both serve on
the Senate Finance Education Subcommittee. He was fairly sure
that the PTPC budget was not cut. All three prospective
appointees have indicated an interest in making recommendations
to school boards. However, he suggested perhaps a more
aggressive role that includes visiting communities as outreach
might be needed, but he was unsure how the budget would affect
travel. Discussing how to be more proactive is a great charge
for the commission, he said. He pointed out that all three
appointees have expressed an interest in it.
SENATOR HUGHES recalled that Mr. Eisenhower highlighted the
problem that the inappropriate behaviors were kept confidential.
He also mentioned the importance of making policy and procedure
changes. She asked whether districts should have a policy about
taking certain matters to the PTPC. She said she typically
advocates for local control. She asked whether a state policy
was needed so that when students report this type of
inappropriate behavior, the allegations would go to the PTPC as
well as to law enforcement.
10:16:07 AM
MR. EISENHOWER replied that his district standpoint has changed
local policy. He characterized the education culture of
typically allowing principals to handle these issues. However,
he believes that is a flawed approach. He advocated for the PTPC
to serve as a de facto human resources department, especially as
it relates to the teachers' professional code of ethics. He was
unsure what needed to be done to implement that change.
It might simply require a cultural change for the PTPC to serve
in that capacity. He acknowledged that teachers were employees
of local districts. However, the majority of school funding is
provided by the state. He suggested that the PTPC could figure
out a better way to require school districts to report
misconduct. He might not be aware of statutes that might address
this, but that is not in practice, he said.
SENATOR HUGHES characterized it is as a "fuzzy or gray area."
While flirtatious remarks or jokes do not indicate a crime has
been committed, the inappropriate behavior certainly would raise
a red flag.
CHAIR STEVENS asked whether he served as the president of the
Ketchikan School Board during the time of the sexual assault
case.
MR. EISENHOWER answered that he served as a school board member
at the time.
10:19:14 AM
SENATOR BIRCH expressed frustration about the separation of
authority, such as districts' labor contracts that the state
funded yet cannot participate in.
He expressed concern about how the state would transfer
information about "creepy" behavior from school districts to the
commission. He pointed out that many people are socially inept,
so one person's "creepy" behavior might be another's
"inappropriate" comment. From his experience in managing a human
resources office, he learned the need to respect the
relationship between the employer and the employee. He expressed
concern how a school board could share such comments to the
commission without harming the employee, and yet still protect
the public interest. He acknowledged that his expertise was in
engineering since he is a professional engineer, not a human
resources professional. He suggested that Mr. Eisenhower as a
hospital administrator may also have encountered these issues.
MR. EISENHOWER replied that hindsight is 20/20. He recalled some
early student reports in the Ketchikan sexual assault case
related to touches and hugs that seemed inappropriate and
"creepy" to some students. He now realizes that the perpetrator
was "conditioning" some of his students, he said. The challenge
was knowing when to intervene. He related his view that the code
of ethics was very clear, such that anyone observing
inappropriate behavior has an obligation to report it to the
commission. The PTPC staff in conjunction with the district
would subsequently conduct an investigation. He related his
understanding that some people believe some of this behavior is
viewed culturally. He advocated the need to teach professionals
to report what the teacher sees, but not to take ownership,
judge, or investigate. The ethical standards for teachers are
very high and these standard professionals should be held to
those standards. He acknowledged that if the KSB had done
something differently early on, the outcomes would not have been
the same.
SENATOR BEGICH noted that Ms. Van Wyhe said it becomes an issue
when the behavior influences or affects classroom behavior. In
this case, students reporting inappropriate behavior affected
classroom behavior. He said that influencing classroom behavior
was not in statute, but maybe the committee may wish to explore
that some more.
10:23:24 AM
CHAIR STEVENS thanked Mr. Eisenhower for coming forward. He said
that the committee appreciated the difficulties the KSB
president has experienced. He asked Ms. Hartmann to explain the
funding for the PTPC.
BRITTANY HARTMANN, Legislative Liaison, Department of Education
and Early Development (DEED), Juneau, said the only funding for
the PTPC was for the executive director's salary. She related
that the budget included a 50 percent travel reduction, but that
reduction was not included in the House version.
SENATOR BEGICH said the proposed travel budget had a 50 percent
cut, but that was not in the House version of the budget.
10:24:21 AM
MS. HARTMANN agreed.
CHAIR STEVENS asked Ms. Hartmann to relay to the commissioner
the committee's desire for the PTPC to have more presence in the
districts and communities.
MS. HARTMANN agreed to do so.
SENATOR HUGHES asked if the PTPC provides training that
districts can use for in-services or annual ethics training
similar to the training that legislators receive.
MS. HARTMANN replied that she was not certain, but she would
check and report back to the committee.
CHAIR STEVENS said he would like some information about in-
service training regarding the PTPC.
SENATOR BEGICH said that Ms. Van Wyhe was still online and may
know whether the PTPC has training curriculum about ethics.
10:26:56 AM
CHAIR STEVENS asked whether teacher in-service training included
information about the PTPC.
MS. VAN WYHE said some resources were available on the PTPC
website. As she mentioned during her testimony, a handbook for
educators has not been updated since 2012. The PTPC presents
basic materials in the fall, including the code of ethics. This
was typically part of professional development and teacher
evaluation activity throughout the year. She doesn't know that
it is required, but it is a best practice that would be
occurring in most districts across the state.
CHAIR STEVENS asked her to report back to the committee about
updating and refreshing the handbook and whether information
about the PTPC is required in-service training.
10:28:42 AM
CHAIR STEVENS closed public testimony and solicited a motion.
10:28:51 AM
SENATOR HUGHES stated that in accordance with AS 39.05.080, the
Senate Education Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Professional Teaching Practices Commission
Todd Smoldon - Willow
Tammy Van Wyhe - Glenallen
Janine Todd - Delta Junction
10:29:08 AM
CHAIR STEVENS found no objection and the motion passed.
10:29:16 AM
At ease.
10:29:20 AM
CHAIR STEVENS reconvened the meeting.
He said that signing the reports regarding appointments to
boards and commissions in no way reflects individual members'
approval or disapproval of the appointees; the nominations are
merely forwarded to the full legislature for confirmation or
rejection.
10:31:12 AM
There being no further business to come before the committee,
Chair Stevens adjourned the Senate Education Standing Committee
at 10:31 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SEDC_ConfirmationHearing_PTPC_09April2019.pdf |
SEDC 4/9/2019 9:00:00 AM |
Confirmation Hearing - Professional Teaching Practices Commission - April 09, 2019 |