CSHB 85(JUD): "An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date."
00CS FOR HOUSE BILL NO. 85(JUD) 01 "An Act relating to licensure and professional discipline of members of the 02 teaching profession and providing for related penalties; relating to grounds for 03 dismissal of a teacher; relating to the Professional Teaching Practices 04 Commission; relating to limited immunity for procedures under the Educator 05 Ethics Act; making conforming amendments; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 14.20.020(a) is amended to read: 09 (a) Except as provided in AS 14.20.029 [(f) OF THIS SECTION], the 10 department shall issue a license [TEACHER CERTIFICATE] to every person who 11 meets the requirements in (b), (c), and (h) of this section. 12 * Sec. 2. AS 14.20 is amended by adding a new section to read: 13 Sec. 14.20.022. Criminal history background check. (a) The department 14 shall require an applicant for a license to submit two legible copies of the applicant's
01 fingerprints to be used by the Department of Public Safety and the Federal Bureau of 02 Investigation for a criminal history background check, including searches 03 (1) of the applicant's criminal history record information, as that term 04 is defined in AS 12.62.900; and 05 (2) for any findings of not guilty by reason of insanity. 06 (b) The department may not issue a license to an applicant until the 07 Department of Public Safety and the Federal Bureau of Investigation have reported 08 back to the department on the criminal history background of the applicant and the 09 department has reviewed the reports to determine whether grounds exist for denial of 10 a license under AS 14.20.029. However, if the applicant meets the requirements of 11 AS 14.20.020, the department may issue a temporary teacher permit that is valid only 12 until the department has reviewed the criminal history background reports received 13 under this section and has notified the applicant that the license is issued or denied 14 under AS 14.20.029. The department may establish fees for a temporary teacher 15 permit in the manner provided in AS 14.20.020(c) for licenses. 16 (c) The provisions of (a) and (b) of this section apply to renewal of a license 17 if 18 (1) a criminal history background check has not been previously 19 conducted on the licensee under this chapter; 20 (2) at any time during the previous license period, the licensee was not 21 employed in a position requiring a license; or 22 (3) the licensee resided out of state for a portion of the previous license 23 period. 24 * Sec. 3. AS 14.20 is amended by adding a new section to read: 25 Sec. 14.20.029. Grounds for denial of or conditions on a license. (a) The 26 department shall deny issuance or renewal of a license to a person 27 (1) who does not meet the requirements of AS 14.20.020; 28 (2) who has been convicted of a crime, or an attempt, solicitation, or 29 conspiracy to commit a crime, or found not guilty by reason of insanity of committing 30 a crime, involving a minor under AS 11.41.410 - 11.41.460 or a law or ordinance in 31 another jurisdiction with elements similar to an offense described in this paragraph;
01 (3) whose license is revoked or suspended under this title unless that 02 person's license or eligibility to apply for a new license has been reinstated under 03 AS 14.20.378. 04 (b) The department may deny issuance or renewal of a license to an applicant 05 (1) whose criminal history is determined by the department to be 06 materially inconsistent with statements made in the person's application; 07 (2) who, while under investigation for an allegation suggesting unfitness 08 to teach, has surrendered to a licensing agency an authorization to teach if the 09 authorization has not been reinstated or a new authorization issued in that jurisdiction; 10 (3) whose authorization to teach was revoked or suspended in another 11 jurisdiction on grounds that would constitute grounds for denial of a license under this 12 section; 13 (4) for the same reasons that disciplinary sanctions may be imposed 14 under AS 14.20.372; or 15 (5) who has failed to meet or otherwise comply with a condition 16 imposed by the department or the Educator Ethics Commission under (e) of this 17 section or by the Educator Ethics Commission under AS 14.20.375(c). 18 (c) The department may suspend processing of an application for a license 19 until the applicant has demonstrated that the applicant is not the subject of an 20 unresolved 21 (1) criminal proceeding relating to suitability for licensing under this 22 section; or 23 (2) disciplinary proceeding by a licensing agency on grounds that 24 would constitute grounds for denial of a license under this section. 25 (d) The department, or the Educator Ethics Commission, after hearing and 26 decision under AS 14.20.460(4), may impose conditions or restrictions on a license 27 issued or renewed under AS 14.20.010 - 14.20.040 if 28 (1) the applicant is physically or mentally incapable of performing 29 some, but not all, of the functions of the teaching profession; 30 (2) a licensing agency has 31 (A) disciplined the applicant, including canceling, revoking,
01 suspending, conditioning, or restricting the applicant's authorization to teach; 02 (B) denied the applicant an authorization to teach; or 03 (C) accepted the surrender of the applicant's authorization to 04 teach while that person was under investigation; or 05 (3) the conditions or restrictions will otherwise protect the physical and 06 mental well-being of students. 07 (e) In the department's decision under (b) of this section, or the Educator 08 Ethics Commission's decision under AS 14.20.460(4), denying issuance or renewal of 09 a license, the department or the commission, respectively, may place conditions on the 10 person's reapplication for a license. A person who has been denied issuance or 11 renewal of a license under (b) of this section or under AS 14.20.460(4) may not 12 reapply for licensure sooner than one year after the denial unless a shorter time period 13 for reapplication has been ordered by the department or by the Educator Ethics 14 Commission in the decision denying the license. When reapplying for licensure, the 15 person must include with the application evidence that since the denial a change of 16 circumstance has occurred that supports licensure. 17 (f) The department's denial of a license under (a) of this section is final and 18 reviewable in accordance with AS 44.62.560 and 44.62.570. An applicant may appeal 19 to the Educator Ethics Commission the denial of a license under (b) of this section, or 20 conditions or restrictions placed on a license under (d) of this section. The 21 commission's decision on the appeal is final and reviewable in accordance with 22 AS 44.62.560 and 44.62.570. 23 (g) The department shall report a final decision denying a license under (a)(2) 24 or (b) of this section, or placing conditions or restrictions on a license under (d) of this 25 section, to any national clearinghouse that maintains records of professional discipline 26 against members of the teaching profession. 27 * Sec. 4. AS 14.20.040 is amended to read: 28 Sec. 14.20.040. Applicability of the Administrative Procedure Act. Except 29 where a different procedure is provided in AS 14.20.029, the provisions of 30 AS 44.62 (Administrative Procedure Act) apply [APPLIES] to all proceedings under 31 AS 14.20.029 [AS 14.20.030, AND REVOCATIONS AND SUSPENSIONS ARE
01 FINAL AND REVIEWABLE IN ACCORDANCE WITH AS 44.62.560 - 44.62.570]. 02 * Sec. 5. AS 14.20.170(a) is amended to read: 03 (a) A teacher, including a teacher who has acquired tenure rights, may be 04 dismissed at any time only for the following causes: 05 (1) a ground for discipline listed in AS 14.20.372(a)(1) - (5) 06 [INCOMPETENCY, WHICH IS DEFINED AS THE INABILITY OR THE 07 UNINTENTIONAL OR INTENTIONAL FAILURE TO PERFORM THE TEACHER'S 08 CUSTOMARY TEACHING DUTIES IN A SATISFACTORY MANNER; 09 (2) IMMORALITY, WHICH IS DEFINED AS THE COMMISSION 10 OF AN ACT THAT, UNDER THE LAWS OF THE STATE, CONSTITUTES A 11 CRIME INVOLVING MORAL TURPITUDE]; or 12 (2) [(3)] substantial noncompliance with the [SCHOOL LAWS OF THE 13 STATE, THE REGULATIONS OR BYLAWS OF THE DEPARTMENT, THE] 14 bylaws of the district [,] or the written rules of the superintendent. 15 * Sec. 6. AS 14.20 is amended by adding new sections to read: 16 Sec. 14.20.372. Grounds for discipline. (a) The commissioner or the 17 Educator Ethics Commission may take disciplinary action as provided in AS 14.20.375 18 regarding a member of the teaching profession for the following reasons: 19 (1) incompetency, which is defined as the inability or the unintentional 20 or intentional failure to perform the teacher's customary teaching duties in a 21 satisfactory manner; 22 (2) immorality, which is defined as the commission of an act that, 23 under the laws of the state, constitutes a crime involving moral turpitude; 24 (3) substantial noncompliance with the school laws of the state or the 25 regulations of the department; 26 (4) upon a determination by the commission that there has been a 27 violation of ethical or professional standards set by the commission under 28 AS 14.20.460; 29 (5) deceit, fraud, misrepresentation, or a wilful omission of material 30 information in applying for issuance or renewal of a license or in applying for 31 employment as a member of the teaching profession;
01 (6) breach of a contract by departing a public school teaching position 02 without the consent of the district or regional educational attendance area unless the 03 departure is necessitated by a medical or other emergency and consent is unreasonably 04 withheld; 05 (7) discipline, including cancellation, revocation, or suspension of, 06 conditions or restrictions on, or refusal to renew a teaching authorization imposed on 07 the member of the teaching profession by a licensing agency for any ground other than 08 failure to pay a fee; 09 (8) surrender of a license, or a substantially similar authorization to 10 teach, in any jurisdiction while an investigation or disciplinary proceeding was ongoing 11 for any ground other than failure to pay a fee; or 12 (9) failure to meet or otherwise comply with a condition, limitation, or 13 restriction imposed by the department under AS 14.20.029(d) or by the commission 14 under AS 14.20.029(d) or 14.20.375(b). 15 (b) Upon receipt of a judgment of conviction, the department shall, effective 16 immediately, revoke the license of a person who has been convicted of a crime, or an 17 attempt, solicitation, or conspiracy to commit a crime, or found not guilty by reason 18 of insanity of committing a crime, involving a minor under AS 11.41.410 - 11.41.460 19 or a law or ordinance in another jurisdiction with elements similar to an offense 20 described in this subsection. The person's eligibility to apply for a new license may 21 not be reinstated under AS 14.20.378 or AS 44.62.550; however, if the judgment of 22 conviction is reversed on appeal and the person is otherwise eligible for licensure, the 23 department shall reinstate the person's license. Unless the person's license is 24 reinstated by the department as provided in this subsection, a person whose license has 25 been revoked under this subsection may not be employed as a member of the teaching 26 profession regardless of whether that employment requires a license. 27 (c) In a disciplinary proceeding instituted under this section, a certified copy 28 of a judgment of conviction is conclusive evidence that the named person committed 29 the offense regardless of whether the conviction resulted from a plea of nolo 30 contendere. 31 (d) In a disciplinary proceeding involving grounds described in (a)(7) or (8)
01 of this section, the admissions of a member of the teaching profession in a settlement 02 document accepted by a licensing agency, or in the final findings of fact, conclusions 03 of law, and order of the licensing agency that canceled, revoked, suspended, refused 04 the renewal, or accepted surrender of the authorization to teach, is conclusive evidence 05 that the person committed the described conduct and of the disciplinary action 06 imposed. 07 Sec. 14.20.375. Disciplinary actions. (a) If the department files an 08 accusation while a person is licensed under this chapter, the commissioner may revoke 09 or suspend the person's license if the commissioner finds grounds for discipline under 10 AS 14.20.372. 11 (b) If the commission's executive director files an accusation while a person 12 is licensed under this chapter and the commission finds grounds for discipline under 13 AS 14.20.372, the commission may take the following disciplinary actions, singly or 14 in combination as appropriate to the finding of grounds for discipline: 15 (1) revoke a license; 16 (2) suspend a license; 17 (3) censure or reprimand; 18 (4) impose limitations or conditions on the practice of the teaching 19 profession; 20 (5) suspend imposition of an order of suspension or revocation during 21 a period in which the member of the teaching profession is complying with conditions 22 of probation set by the commission; conditions of probation may include requirements 23 that the person 24 (A) comply with the applicable requirements of this chapter and 25 regulations adopted under it; 26 (B) report regularly to the commission on matters relating to the 27 probation; 28 (C) limit practice of the teaching profession as ordered by the 29 commission; 30 (D) undertake and continue professional education as ordered 31 by the commission until a satisfactory degree of skill has been attained in the
01 areas determined to need improvement; 02 (E) submit to peer review as ordered by the commission; 03 (F) fulfill other conditions ordered by the commission, including 04 payment of restitution and civil fines, participation in evaluations by 05 professionals for substance abuse, mental health problems, or medical 06 problems, and completion of treatment or counseling programs. 07 (c) A member of the teaching profession may not surrender a license issued 08 under this chapter without approval of the commission. A surrendered license may not 09 be reinstated. If a surrender is approved, the commission may place conditions on the 10 person's ability to later apply for a new license. 11 (d) The commission may summarily suspend a license before a final hearing 12 is held on an accusation filed under (b) of this section or during an appeal if the 13 commission finds that the member of the teaching profession poses a clear and 14 immediate danger to public health and safety. The person is entitled to a hearing 15 before the commission to appeal the summary suspension within seven days after the 16 order of suspension is issued. The person may appeal an adverse decision of the 17 commission on an appeal of a summary suspension to the superior court under 18 AS 44.62.560. If the commission summarily suspends a license under this subsection 19 before a final hearing on the accusation, the commission shall act expeditiously to 20 conduct the hearing on the accusation. A person whose license has been summarily 21 suspended under this subsection may not be employed as a member of the teaching 22 profession, regardless of whether the employment requires a license, while the license 23 is under summary suspension. 24 (e) At the teacher's request, the commission or the commissioner shall stay the 25 proceedings on an accusation under this section if the teacher has requested a hearing 26 before the school board or invoked grievance procedures under AS 14.20.180 from a 27 dismissal or nonretention decision based on the same allegations as those made in the 28 accusation. A stay under this subsection does not preclude the commission from 29 summarily suspending a license under (d) of this section. The proceedings on an 30 accusation are stayed until a final decision on the nonretention or dismissal is reached 31 under AS 14.20.180. The commission or commissioner shall give deference to, but
01 is not bound by, a final decision under AS 14.20.180. The commission or 02 commissioner shall state good cause for rejecting a finding of fact made in a final 03 decision under AS 14.20.180. The commission or commissioner may supplement the 04 record with additional evidence on whether there are grounds for discipline under 05 AS 14.20.372 and what discipline may be appropriate under this section. 06 (f) Notwithstanding other provisions of this section, the commission may not 07 impose discipline on a member of the teaching profession's license to act as an 08 administrator unless the commissioner concurs in the commission's decision. 09 (g) If a person was a member of the teaching profession but was not required 10 to be licensed under this chapter at the time of the conduct that is grounds for 11 discipline, the commission may warn, censure, reprimand, or order a civil fine not to 12 exceed $5,000 against the person if the commission finds grounds for discipline under 13 AS 14.20.372. Nothing in this subsection prevents the commission from denying or 14 conditioning licensure, or imposing other applicable discipline, under this chapter for 15 a person disciplined under this subsection. 16 (h) The commissioner or the commission, as appropriate, shall notify the other 17 of a disciplinary action, including commission approval of surrender of a license, taken 18 under this section or under AS 14.20.372(b). The commission shall report the 19 disciplinary action to any national clearinghouse that maintains records of professional 20 discipline against members of the teaching profession and, if the person who was 21 disciplined is employed as a member of the teaching profession, shall notify the 22 disciplined person's employer of the disciplinary action. 23 (i) If a person's license is suspended or revoked under (a) or (b) of this 24 section, that person may not be employed as a member of the teaching profession, 25 regardless of whether the employment requires a license, until the person's license or 26 eligibility to apply for a new license has been reinstated under AS 14.20.378 and any 27 required license has been obtained. A person whose license was surrendered under (c) 28 of this section may not be employed as a member of the teaching profession, 29 regardless of whether the employment requires a license, until the person obtains a 30 new license. 31 Sec. 14.20.378. Reinstatement after suspension or revocation. (a)
01 Notwithstanding the provisions of AS 44.62.330 and 44.62.550, and except for a 02 revocation under AS 14.20.372(b) or a summary suspension under AS 14.20.375(d), 03 this section governs reinstatement for a license that has been suspended or revoked 04 under this title. 05 (b) A license that has been suspended for one year or less and that has not 06 lapsed is automatically reinstated at the end of the period of suspension unless the 07 commission finds that the holder of that license has failed to fully comply with the 08 terms and conditions of the commission's or commissioner's order suspending the 09 license. 10 (c) A person whose license has been suspended for more than one year but has 11 not lapsed may petition the commission as provided in (e) of this section for 12 reinstatement of the license. 13 (d) A person whose license was revoked or whose license was suspended and 14 has lapsed may petition the commission as provided in (e) of this section for 15 reinstatement of eligibility to apply for a new license. For a revoked license, eligibility 16 to apply for a new license may not be reinstated sooner than five years after the 17 effective date of the revocation. 18 (e) At least 60 days before the desired date of reinstatement, the person 19 seeking reinstatement under this section shall file a petition with the commission 20 stating 21 (1) that the person has met the terms and conditions of the 22 commission's or commissioner's order suspending or revoking the license; and 23 (2) the scope and content of employment performed by the person 24 during the period of suspension or revocation and the names and addresses of all 25 employers during that period. 26 (f) If the commissioner or the executive director of the commission opposes 27 a petition for reinstatement under (e) of this section or if the commission finds that a 28 hearing would be helpful to determine whether reinstatement is appropriate, the 29 commission shall conduct a hearing. The petitioner for reinstatement has the burden 30 of proving that 31 (1) the petitioner is qualified and suitable for licensing under this
01 chapter; 02 (2) the petitioner has met the terms and conditions of the commission's 03 or commissioner's order suspending or revoking the license; and 04 (3) if the petitioner is licensed under this chapter, the public will be 05 protected and the integrity of the teaching profession will be maintained. 06 (g) If a license or eligibility to apply for a new license is reinstated under this 07 section, the commission, for the same reasons for which conditions or restrictions may 08 be imposed under AS 14.20.029(d), may impose conditions or restrictions on the 09 reinstated license or on any new license for which application is made following 10 reinstatement. The commission shall notify the department of any condition or 11 restriction imposed under this subsection. 12 (h) A person who has been denied reinstatement under this section may not 13 file a new petition for reinstatement sooner than two years after the denial unless a 14 shorter time is allowed by the commission in its decision denying the reinstatement. 15 The person must include with the new petition evidence that, since the previous denial 16 by the commission, a change of circumstances has occurred that supports 17 reinstatement. 18 * Sec. 7. AS 14.20.380 is amended to read: 19 Sec. 14.20.380. Creation of a commission. There is a commission of 20 professional educators known as the Educator Ethics [PROFESSIONAL TEACHING 21 PRACTICES] Commission. 22 * Sec. 8. AS 14.20.410(b) is amended to read: 23 (b) The lists shall be submitted to the executive director of the commission, 24 [COMMISSIONER] who shall submit them as a group to the governor's office. 25 * Sec. 9. AS 14.20.460 is amended to read: 26 Sec. 14.20.460. Duties of commission. The commission shall 27 (1) adopt standards of ethical and professional performance for the 28 teaching profession and other [ESTABLISH PROCEDURES, AND ADOPT] 29 regulations under AS 44.62 (Administrative Procedure Act) to interpret or 30 implement the purposes of AS 14.20.370 - 14.20.510; 31 (2) conduct investigations and hearings on grounds for discipline
01 alleged under AS 14.20.372 [VIOLATIONS OF ETHICAL OR PROFESSIONAL 02 TEACHING PERFORMANCE, CONTRACTUAL OBLIGATIONS, AND 03 PROFESSIONAL TEACHING MISCONDUCT]; 04 (3) review the regulations of the department as they relate to licensure 05 [TEACHER CERTIFICATION] and recommend necessary changes; and 06 (4) conduct a hearing and issue a decision in an appeal under 07 AS 14.20.029(f) [REVIEW THE DECISIONS OF THE DEPARTMENT REGARDING 08 THE ISSUANCE OR DENIAL OF CERTIFICATES AND IN ITS DISCRETION 09 RECOMMEND REVERSAL OF DECISIONS]. 10 * Sec. 10. AS 14.20.470 is amended to read: 11 Sec. 14.20.470. Powers of commission. (a) The commission may 12 (1) study proposals regarding standards of ethical and professional 13 performance for members of the teaching profession developed by regular 14 committees of any existing professional organization whose members are within the 15 teaching profession; 16 (2) subpoena witnesses, place them under oath, and maintain written 17 records; 18 (3) take disciplinary action under AS 14.20.372 and 14.20.375 19 regarding a member [WARN OR REPRIMAND MEMBERS] of the teaching 20 profession [, IF IN THE JUDGMENT OF THE COMMISSION SUCH ACTION IS 21 WARRANTED]; 22 (4) [SUSPEND OR REVOKE THE CERTIFICATE OF A MEMBER 23 OF THE TEACHING PROFESSION FOR ONE OF THE REASONS SET OUT IN 24 AS 14.20.030 EXCEPT THAT IN THE CASE OF AN ADMINISTRATOR, THE 25 COMMISSIONER MUST CONCUR; 26 (5)] make any recommendation to the board or to school boards that 27 will promote an improvement in the teaching profession; 28 (5) [(6)] request assistance through any of the investigative processes 29 of a school board, school superintendent, or any existing professional teaching 30 organizations when analyzing charges of breach of ethical or professional teaching 31 practices;
01 (6) [(7)] appoint an executive director [SECRETARY], delegate those 02 investigative and other [MINISTERIAL] functions , except its power to propose and 03 adopt regulations and its power to take action under AS 14.20.372, 14.20.375, 04 14.20.378, and 14.20.460(4), to the executive director [SECRETARY] as the 05 commission may decide , and set the executive director's [SECRETARY'S] 06 compensation with a starting salary not exceeding range 26, step B , of the pay plan for 07 state employees in AS 39.27.011(a). 08 (b) A decision issued by the commission [WITH THE APPROVAL OF THE 09 COMMISSIONER] under AS 14.20.372, 14.20.375, or 14.20.378 [(a)(4) OF THIS 10 SECTION] is final and reviewable in accordance with AS 44.62.560 and 44.62.570 . 11 * Sec. 11. AS 14.20.475 is amended to read: 12 Sec. 14.20.475. Applicability of the Administrative Procedure Act. Except 13 where a different procedure is provided in AS 14.20.370 - 14.20.510, the 14 provisions of AS 44.62 (Administrative Procedure Act) apply [APPLIES] to 15 [REGULATIONS AND] proceedings under AS 14.20.370 - 14.20.510. 16 * Sec. 12. AS 14.20.475 is amended by adding a new subsection to read: 17 (b) In addition to the options available under AS 44.62.500, the commission 18 may adopt a hearing officer's proposed findings of fact in their entirety and increase 19 or change the proposed disciplinary action authorized under AS 14.20.375 against the 20 person. 21 * Sec. 13. AS 14.20 is amended by adding new sections to read: 22 Sec. 14.20.476. Confidential information. (a) Information obtained by the 23 commission or the department in the course of an investigation under this chapter is 24 confidential and may not be produced for inspection or copying by any person, nor 25 may its contents be disclosed to any person, except 26 (1) by order of a court of competent jurisdiction, issued for good cause 27 shown and upon the conditions that the court imposes; 28 (2) to the attorney general of this state or the attorney general's 29 designee; 30 (3) as reasonable and necessary in the enforcement of AS 14.20.372, 31 including investigation of a matter, presentation to a court, or use in an administrative
01 proceeding under this chapter; 02 (4) in response to a request for discovery from the respondent in an 03 administrative proceeding under this chapter; or 04 (5) to licensing agency and law enforcement officials of any 05 jurisdiction. 06 (b) All references to a minor in an administrative proceeding and in all 07 documents available to the public shall be by initials or some similar method that 08 maintains the confidentiality of the minor's identity. If a minor is called to testify as 09 a witness, the commission or the commissioner, as applicable, may close that portion 10 of the hearing to the general public if it is in the minor's best interests to do so and 11 may determine who may be present while the minor is testifying. A transcript of the 12 proceeding shall refer to a minor by initials or some similar method that maintains the 13 confidentiality of the minor's identity. 14 Sec. 14.20.478. Limitation of liability. An action may not be brought for 15 damages resulting from 16 (1) a report or complaint made in good faith to the commission or the 17 department by a person, or participation by a person in an investigation or hearing by 18 the commission or the department under this chapter; or 19 (2) a person's good faith performance of a duty, function, or activity 20 required under this chapter as a member of the commission. 21 * Sec. 14. AS 14.20.510 is amended to read: 22 Sec. 14.20.510. Short title. AS 14.20.370 - 14.20.510 shall be known as the 23 Educator Ethics [PROFESSIONAL TEACHING PRACTICES] Act. 24 * Sec. 15. AS 14.20 is amended by adding a new section to read: 25 Article 5A. Penalties. 26 Sec. 14.20.520. Penalties. (a) A person who is not licensed under this 27 chapter and who is employed as a teacher in violation of AS 14.20.010 or is employed 28 as a member of the teaching profession in violation of AS 14.20.372 or 14.20.375 is 29 guilty of a class B misdemeanor. 30 (b) In addition to a penalty imposed under (a) of this section, if a person who 31 is not licensed under this chapter and who is employed as a teacher in violation of
01 AS 14.20.010, or is employed as a member of the teaching profession in violation of 02 AS 14.20.372 or 14.20.375, the department or the commission may assess a civil fine 03 in an amount set by the department by regulation for each day the person was in 04 violation. A civil fine may be assessed under this subsection regardless of whether a 05 penalty under (a) of this section has been imposed. A civil fine assessed under this 06 subsection may be appealed in the manner provided for appeals in AS 44.62 07 (Administrative Procedure Act). 08 * Sec. 16. AS 14.20 is amended by adding a new section to read: 09 Article 8. General Provisions. 10 Sec. 14.20.990. Definitions. In AS 14.20.010 - 14.20.520, unless the context 11 otherwise indicates, 12 (1) "commission" means the Educator Ethics Commission created in 13 AS 14.20.380; 14 (2) "license" means a license issued by the department under 15 AS 14.20.020 or 14.20.025; 16 (3) "licensing agency" means the agency or entity in another state or 17 other jurisdiction that has the duty to authorize a person to act as a member of the 18 teaching profession in that jurisdiction, or the power to revoke, suspend, or place other 19 sanctions on the authorization to teach of a member of the teaching profession in that 20 jurisdiction; 21 (4) "member of the teaching profession" means a person described in 22 AS 14.20.370. 23 * Sec. 17. AS 14.25.220(26) is amended to read: 24 (26) "outside service" means service for full years as defined by 25 (43)(A)(x) and (43)(B)(xi) of this section 26 (A) as a certificated or licensed full-time elementary or 27 secondary teacher or a certificated or licensed person in a full-time position 28 requiring a teaching certificate or license as a condition of employment in an 29 out-of-state public school within the United States, or in a school outside the 30 United States supported by funds of the United States; 31 (B) as a certificated or licensed full-time elementary or
01 secondary teacher or a certificated or licensed person in a full-time position 02 requiring a teaching certificate or license as a condition of employment in an 03 approved or accredited nonpublic school within the United States, or in a 04 school outside the United States supported by funds of the United States; 05 (C) in a full-time position requiring academic standing in an 06 out-of-state institution of higher learning accredited by a nationally recognized 07 accrediting agency as listed in the Education Directory - Colleges and 08 Universities by the National Center for Education Statistics; 09 (D) as a full-time teacher in an approved or accredited 10 nonpublic institution of higher learning in Alaska; 11 * Sec. 18. AS 14.30.255 is amended to read: 12 Sec. 14.30.255. Administrator qualifications. A person may not be employed 13 as an administrator of a program of special education and related services unless that 14 person possesses a valid license under AS 14.20 authorizing employment as an 15 administrator [ADMINISTRATIVE CERTIFICATE] and, in addition, such training 16 as the department may require by regulation. 17 * Sec. 19. AS 44.62.330(a)(42) is amended to read: 18 (42) except where a different procedure is provided in AS 14.20.029 19 or 14.20.370 - 14.20.510, the Department of Education and the Educator Ethics 20 [PROFESSIONAL TEACHING PRACTICES] Commission with regard to proceedings 21 [TO REVOKE OR SUSPEND A TEACHER'S CERTIFICATE] under AS 14.20.029 22 and 14.20.370 - 14.20.510 [AS 14.20.030 - 14.20.040 AND AS 14.20.470(a)(4)]; 23 * Sec. 20. AS 14.20.020(f), 14.20.030, and 14.20.450 are repealed. 24 * Sec. 21. REVISOR'S CHANGES. The revisor of statutes is requested to make the 25 following changes in the specified statutes: 26 (1) change "Professional Teaching Practices Commission" to "Educator Ethics 27 Commission" in AS 14.20.020(c) and (e); AS 39.25.120(c)(9)(B); and AS 47.17.020(f); 28 (2) change "certification" to "licensure" in the heading of art. 1 of AS 14.20 29 and in AS 14.20.020; 30 (3) change "Article 5. Professional Teaching Practices Act" to "Article 5. 31 Educator Ethics Act" in the heading of art. 5 of AS 14.20;
01 (4) change "certificate," "teacher certificate," and "teaching certificate" to 02 "license" in AS 14.20.010, 14.20.020, 14.20.025, 14.20.027, 14.20.147(b), 14.20.149(c), 03 14.20.150, and 14.20.177; 04 (5) change "certificates" to "licenses" in AS 14.20.020 and 14.20.500; 05 (6) change "limited teacher certificate" to "limited license" in AS 14.20.025 06 and 14.20.027; 07 (7) change "certificated" to "licensed" in AS 14.03.290(6); AS 14.14.107; 08 AS 14.16.050(a)(3)(E); AS 14.18.060; AS 14.20.149, 14.20.150, 14.20.350, 14.20.370; 09 AS 14.25.220(8) and (40)(A); AS 14.30.010(b)(1); AS 23.10.530(c); AS 39.25.110(6) and (7), 10 and 39.25.160(e)(6) and (7); 11 (8) change "noncertificated" to "unlicensed" in AS 14.08.111(3); 12 AS 23.20.354(b); AS 39.25.110(6), and 39.25.160(e)(6); 13 (9) change "teacher certificate" to "teacher license" in AS 14.25.045, 14 14.25.047; AS 14.30.250; AS 14.43.148(h)(1)(A)(iii); and AS 25.27.244(s)(2)(A)(iii); 15 (10) change "teacher's certificate" to "teacher's license" in AS 14.43.148(g); 16 (11) change "teaching certificate" to "teaching license" in AS 14.25.220(8) and 17 (40)(A). 18 * Sec. 22. TRANSITION: COMMISSION MEMBERSHIP. A person who is a member 19 of the Professional Teaching Practices Commission on June 30, 1999, continues to serve on 20 the commission, renamed as the Educator Ethics Commission by this Act, until the member's 21 term on the commission expires under the terms of the member's appointment. 22 * Sec. 23. TRANSITION: REGULATIONS. Notwithstanding sec. 25 of this Act, the 23 Department of Education and the Professional Teaching Practices Commission may proceed 24 to adopt regulations necessary to interpret or implement this Act. The regulations take effect 25 under AS 44.62 (Administrative Procedure Act), but not before July 1, 1999. 26 * Sec. 24. Section 23 of this Act takes effect immediately under AS 01.10.070(c). 27 * Sec. 25. Except as provided in sec. 24 of this Act, this Act takes effect July 1, 1999.