Legislature(2003 - 2004)
04/20/2004 02:15 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 179-CRIMINAL BACKGROUND CHECKS/TEACHERS Number 0098 CHAIR WILSON announced that the next order of business would beCS FOR SENATE BILL NO. 179(FIN), "An Act relating to criminal history records and background checks; allowing persons to teach in the public schools for up to five months without a teaching certificate if the person has applied for a certificate and the application has not been acted upon by the Department of Education and Early Development due to a delay in receiving criminal history records; allowing teacher certification for certain persons based on a criminal history background check without fingerprints; and providing for an effective date." Number 0139 ZACK WARWICK, Staff to Senator Gene Therriault, Alaska State Legislature, presented SB 179 for Senator Therriault, sponsor of SB 179. REPRESENTATIVE WOLF asked what version is before the committee. MR. WARWICK said that the version before the committee is version V; however, he understands that the committee also wants to consider a blank CS, version W, which is also before the members. He pointed out that version V is the CS which passed out of the House Special Committee on Education. CHAIR WILSON asked for Mr. Warwick to review the differences between the two versions. Number 0246 MR. WARWICK explained that the bill was introduced to provide teachers who do not have fingerprints an avenue to get background checks so that they could continue to teach without having to go through the fingerprinting process every three months. He told the members that a lot teachers have worn out their fingerprints over time and do not have the ability to give adequate fingerprints. There are currently 42 people in Alaska that consistently experience this problem. Mr. Warwick added that last year the Department of Law and the Department of Public Safety pointed out that Alaska's statutes were not in compliance with federal law regarding criminal background checks in all professions including the Alaska Bar Association, liquor licenses, or teachers. That conforming language is the majority of the bill that is before the committee, he stated. MR. WARWICK said that in addition to the federal noncompliance issue, Representative Gatto brought a situation to Senator Therriault's attention that exists in the Matanuska-Susitna Borough School District with respect to teachers who were not getting their criminal background checks returned in a timely manner. He explained that teachers have submitted their fingerprints and have not received the background check back within the three-month period required, so they were required to resubmit their fingerprints. In some cases these teachers were laid off, rehired as substitute teachers, and lost their benefits and pay, he added. There was the hope that the timeframe could be changed from three to five months. There was opposition to that change from legislators and some staff at the Department of Education and Early Development so it was decided to leave the three month timeframe, but allow the department the authorization to grant another 60-day extension if the delay in returning the fingerprint was due to a backlog at the U.S. Department of Justice. Number 0361 MR. WARWICK explained that the difference between version W and version U is that version U has a 60-day extension provision in Section 8. He said he understands that there is some opposition to this provision because some people believe teachers should not be in the classroom without a fingerprint background check. He told the members that he has letters of support for the 60- day extension from the Fairbanks North Star Borough School District and the Anchorage School District. REPRESENTATIVE WOLF asked how many teachers have not been able to receive their fingerprint background checks [in a timely manner]. MR. WARWICK replied the Department of Education and Early Development reports that during a nine month time period there were 42 teachers who had to resubmit three sets of prints. This bill would allow a name-based or social security number background check to done on them to ensure that there is no criminal history. REPRESENTATIVE WOLF asked for clarification that version U was approved by the House Special Committee on Education which allows the 60-day extension. MR. WARWICK replied that is correct. REPRESENTATIVE WOLF replied that he is one of the members in the House Special Committee on Education who had concerns about this provision. He commented that even through the number is low, only 42 persons in the entire education field, all it takes is one predator. Number 0555 MR. WARWICK pointed out that this bill does provide for a name based [or social security number] background check. Currently, these teachers are in the school with no background check because it is possible for them to resubmit their prints every three months. He suggested that review of a person's work history is a good way to verify that a person is suitable to work around children. CHAIR WILSON asked for Mr. Warwick to explain if this bill would prohibit a teacher from being in the school until some kind of background check is completed. MR. WARWICK responded that he is not completely sure of her question. Version V has the federal conforming language, the 60-day extension, and the section that allows individuals who roll three sets of prints to get a background check based upon their name. The Department of Public Safety has the technical ability to deem whether the fingerprints are just poor quality, smudged, or no ridges for fingerprints. Mr. Warwick added that staff from the Department of Public Safety is on-line to testify to this fact. MR. WARWICK explained that version W removes the 60-day extension if the U.S. Department of Justice has a backlog and cannot get the background checks back within that three-month period. CHAIR WILSON asked if teachers are required to have a background check before working in the classroom. MR. WARWICK replied that is better answered by the Department of Education and Early Development. Number 0692 CHAIR WILSON commented that she has serious concerns that individuals could be in schools before it is ascertained that he/she is safe to be around children. REPRESENTATIVE SEATON asked Mr. Warwick to clarify that this background check which is being referred to is the one required by the Department of Education and Early Development before issuing a teaching certificate. MR. WARWICK agreed that is correct. Number 0724 REPRESENTATIVE SEATON commented that he does not have a version U in his packet. MR. WARWICK corrected his earlier statement by saying that it was version V that passed out of the House Special Committee on Education, not version U. Number 0771 DAVID SCHADE, Director, Division of Statewide Services, Department of Public Safety, testified on SB 179. He introduced Kathryn Monfreda, Chief, Criminal Records, and suggested she provide the committee with some background information. Mr. Schade told the members that he would be available to answer questions. Kathryn Monfreda, Chief, Criminal Records, Division of Statewide Services, Department of Public Safety, testified on SB 179. She asked for clarification on Chair Wilson's question about the process. CHAIR WILSON asked for clarification as to when the background check occurs. She questioned whether the background check would occur after a school district hires a teacher or when he/she applies for a teaching certificate. Number 0847 CYNDY CURRAN, Teacher Education and Certification, Teaching and Learning Support, Department of Education and Early Development, testified on SB 179 and answered questions from the members. She explained that when a teacher comes to the state of Alaska he/she submits an application for certification. As part of that application two sets of fingerprint cards are required which are sent to the Department of Public Safety for a background check. The Department of Education and Early Development waits for that background check to come back. If the background check comes back clear, then the department issues a teaching certificate. In the past it has taken up to four months, the process has now been streamlined, so it no longer takes that long, she added. MS. CURRAN explained that when a teacher goes to an individual school district and is hired that district, in many cases, will also do a background check. Ms. Curran emphasized that she cannot speak for every district because she is not sure every district does a background check. She explained that if fingerprints are returned [because it is unreadable] then the department sends the applicant another set of fingerprint cards to be redone. CHAIR WILSON asked if background checks are returned separately from fingerprint results or are the two returned together. MS. CURRAN replied that if nothing was found in the background check the department receives a notice which says no record was found for the individual. She explained that the FBI will occasionally return fingerprint cards which will be accompanied by a letter detailing the problem and requesting a second fingerprint card. CHAIR WILSON asked if the fingerprint check and background check are two different things. MS. CURRAN responded that the fingerprints are used for the background check. When the department receives clearance for an individual it is based on the fingerprint check. Number 1048 CHAIR WILSON clarified that a teacher applicant's background check cannot proceed without a readable fingerprint card. This bill would provide that if a background check is not completed in a timely way, then the department could give a teacher applicant an additional 60 days. MS. CURRAN responded that she is looking at version H and is aware of the fact that the committee is considering a different version. The version she is looking at provides that the department may issue a 60-day extension which would allow the applicant to teach another 60 days. The department has been issuing a conditional certificate to allow teachers to remain in the classroom, but only when the fingerprint cards have been resubmitted. CHAIR WILSON commented that if a teacher applicant does not have readable fingerprints and only a name based background check is done, if the person is not who he/she says he/she is there could be a problem. MS. CURRAN responded that Kathryn Monfreda would be better qualified to answer that question. REPRESENTATIVE SEATON asked for clarification that what is being discussed is not employment background checks. MS. CURRAN replied that is correct. REPRESENTATIVE SEATON stated that the background checks that school districts do when hiring teachers is totally independent of this background check. He emphasized that these fingerprint background checks are done by the department as it relates to the issuance of a permanent teaching certificate for the state of Alaska. It certifies that the person has the appropriate educational background, and et cetera for teaching in Alaska. MS. CURRAN agreed with Representative Seaton statement. REPRESENTATIVE SEATON asked if the school districts are notified that the temporary teaching certificate does not include a completed background check. MS. CURRAN said that is correct. The temporary teaching certificate is a different color than the permanent certificate, and it lists the conditions of the certificate on it. Number 1199 CHAIR WILSON pointed out that not all school districts do a background check before hiring teachers. MS. CURRAN responded that she could not speak for the districts since each one has its own hiring policy; however, she said she has seen teachers hired without background checks. REPRESENTATIVE CISSNA noted that this bill only applies to teachers. Version W appears to apply to more than teachers. She asked if teaching positions are the only ones in school districts where this kind of emergency provision applies. MR. WARWICK replied that the language Representative Cissna is referring to is language inserted in the bill to bring the state into compliance with federal law. He referred to a letter [dated April 11, 2003] in the members' packet from the U.S. Department of Justice which says that the state will lose its authorization to receive federal background checks on any occupation in the state unless the state comes into compliance with federal law. MR. WARWICK told the members that no one in other occupations has come to Senator Therriault about a problem with unreadable prints. He said that the Department of Public Safety told him that teachers and nurses have the two highest occupations for wearing out fingerprints. One comment that was made is that women have softer fingers so the ridges on the fingers wear out easier, he added. He suggested that the people at the Department of Public Safety may be able to offer more on that point. REPRESENTATIVE CISSNA surmised that other occupations in the school system would not warrant this kind of allowance. MR. WARWICK responded that not all school districts allow for every employee to get a background check. Teachers are required at the state level. Some schools such as Valdez requires janitors to get a background check, he added. Some of the village schools do not require anything. Number 1406 REPRESENTATIVE SEATON suggested that the members focus on the fact that obtaining a teacher certificate is not a hiring policy. He commented that it might be a good idea to put a bill in requiring every school districts to go through certain hiring procedures before putting employees around children. He told the members he believes that it would be a mistake to substitute obtaining a teaching certificate for a hiring mechanism. Representative Seaton said that he believes this bill makes sense by allowing the background check on the applicant's name when the fingerprints are not readable. He emphasized that this bill would not remove the school districts responsibility to do background checks. All it does is allow for a background check for a teacher applicant to get a permanent certificate [with a name-based background check when fingerprints are unreadable]. He asked if version W and version V could be reviewed one more time. Number 1481 CHAIR WILSON said as she understands it, version V has Section 8 in it, version W does not. REPRESENTATIVE SEATON questioned if that is the only difference between the two versions. MR. WARWICK said yes. CHAIR WILSON restated that in version V, Section 8 allows the department to give a 60-day [extension on a temporary teaching certificate], and version W does not. She told the members that she would prefer that no teacher would ever go back to the school system without a complete background check. Version W is a compromise, she said. Number 1540 MR. WARWICK told the members that the sponsor of the bill is in favor of version V, but does not know how strongly he opposes version W. He explained that Senator Therriault's constituent came to him with the problem of having no fingerprints and asked for an alternative route in obtaining the necessary background check. Senator Therriault is also very concerned that the U.S. Department of Justice continues to allow Alaska to get federal background checks. He supports Representative Gatto's amendment to the bill and believes it has merit. CHAIR WILSON commented that the original bill did not include [the 60-day extension]. MR. WARWICK replied that was not discussed. CHAIR WILSON restated the differences between the two versions of SB 179. She explained that the only difference between version V and version W is that version V offers the department the extra 60 days on top of the three months that a teacher can be in the classroom without receiving a background check. Number 1620 MR. WARWICK clarified Chair Wilson's statement that version V does not give teachers an extra 60 days [to be in the classroom without a background check], it allows the Department of Education and Early Development the discretion to extend the temporary teaching certificate an extra 60 days if there is a backlog at the U.S. Department of Justice. CHAIR WILSON asked Senator Therriault if he would have a problem if the committee adopted version [W} without the 60-day extension. Number 1641 SENATOR GENE THERRIAULT, Alaska State Legislature, as sponsor, testified on SB 179 and answered questions from the members. He responded that the bill is intended to make this a workable system. If the U.S. Department of Justice gets a backlog will the state have the same problem because there is no ability for the department to extend temporary certificates, he questioned. Senator Therriault told the members that it was his thought that if the commissioner of the Department of Education and Early Development controlled this extension then that would be adequate oversight. This is a fail-safe for things that are out of our control, he commented. Number 1672 REPRESENTATIVE SEATON reminded the members of communications from the Anchorage School District and the North Star Borough School District which said it could take between 110 days and 120 days [to receive background checks]. Given that length of time, it would appear that giving the department the ability to extend to the average time it is taking the school district to receive these background checks makes sense. Pulling teachers from the classroom because the Federal Bureau of Investigations (FBI) is backlogged seems disruptive, he commented. Representative Seaton said he assumes the department will use the extension judiciously and only in circumstances where it could not get the background checks back. Representative Seaton said he believes it would be better to have version V go forward. Number 1751 CHAIR WILSON asked if it accurate to say that there are 42 people in the state that have not been able to get fingerprints. MS. CURRAN replied that is approximately correct. CHAIR WILSON asked how many of those 42 people have repeatedly submitted fingerprints, but are unable to obtain background checks because the prints are unreadable. MS. CURRAN responded that there are probably at least a dozen who are on their fifth submission of fingerprints. CHAIR WILSON asked what will happen to those 12 people. MS. CURRAN explained that the Department of Education and Early Development currently has a regulation in place that allows for a name-based criminal history background check if a statement is received from a physician saying that the person has a physical disability or a permanent skin condition that makes their prints unreadable. She told the members that those 12 people are now in the process of following through with that provision. The provision just went into effect on [April] 16th. CHAIR WILSON inquired about the status of the other 30 people. MS. CURRAN replied that she is not sure. There are varying degrees of fingerprint resubmissions. The FBI has stringent rules on what is necessary for resubmissions. She explained that the department is not privy to know if the U.S. Department of Justice is backlogged. CHAIR WILSON asked for clarification that Ms. Curran doesn't know if the FBI is backlogged or if some of these people just signed up last week and the results have not been returned yet. Number 1872 MS. CURRAN replied that the group of people she is talking about are those who are between having to be reprinted between three to six or seven times for whatever reason. There are a variety of reasons why fingerprints background checks are not coming back. For some of these people it is because it is impossible to get fingerprints, some because whoever is doing their prints is not doing a good job. Number 1901 REPRESENTATIVE GATTO told the members that he believes this bill is indirectly about children. When elementary kids have had a teacher in the classroom for several months and that teacher is pulled for any reason that affects the quality of education for those children. He said if a thorough background check has been done on a teacher and the only thing that is not complete is the fingerprint back ground check, isn't that sufficient reason to say there should be a 60-day extension. Representative Gatto said he believes the answer is yes. He bases that answer on the evidence presented by the Matanuska-Susitna Borough School District which shows that in the course of eight years all of the background checks done have been entirely satisfactory, not once in eight years has the fingerprint background check shown to them anything other than its original decision that this teacher was okay to employ. Representative Gatto said he does not like to think of the number of teachers that might have been pulled from a classroom for lack of a fingerprint. These kids in first and second grade grow to love their teachers so anything that interferes with that relationship better have a solid basis. He said he does not see the solid basis and suggested that it is a good idea to extend the rule because the human resource directors are doing a good job. Number 1985 CHAIR WILSON explained that the reason she feels strongly that fingerprint background checks are so important is that in the Wrangell School District someone who should not have been there was found. She commented that she has only lived in Wrangell six years. When the person was completing his/her application the person said that he/she had not committed any felonies, but it was a lie. This person had been convicted of harming a child, she said. It probably does not happen very often, but if it happens one time that is too much, Chair Wilson stated. Number 2031 REPRESENTATIVE SEATON commented the Representative Gatto may have missed earlier testimony. He reiterated that this bill has nothing to do with hiring practices. It is strictly about the background checks associated with teaching certificates. The hiring practices of districts are their responsibility, he emphasized. Janitors and administrators are not covered under this bill. If some districts do not have the staff or are not capable of handling the background checks then perhaps it would be appropriate to consolidate some districts to ensure these hiring practices are addressed. Representative Seaton summarized that this bill, which deals with teaching certificates, does not address the hiring practices of districts related to all the employees in the schools. He said he maintains that he believes the 60-day extension is warranted. MS. CURRAN clarified that administrators and special service providers are also required to have certificates and background checks. Number 2120 PAULA HARRISON, Director, Human Resources Department, Matanuska- Susitna Borough School District, testified on SB 179 and answered questions from the members. She told the members that she is the person who contacted Representative Gatto about the problem Matanuska-Susitna Borough School District was experiencing. REPRESENTATIVE GATTO asked if she would comment on hiring practices, certifications, and other issues that a fairly large district must face. He further asked her to comment on the value of this extension. Number 2151 MS. HARRISON commented that the extension would be of tremendous value. She explained that when hiring a teacher it is not just a matter of doing fingerprints and providing information to the department for teachers to get their certificates. Before any teacher is hired a very thorough background check is done on the applicant. She told the members that the district has done terminations prior to the fingerprint background checks coming back based on the information obtain in the district's background check. Number 2193 MS. HARRISON told the members that the big issue is that the fingerprint and background checks are just not coming back in a timely manner. That really creates an issue for districts in placing teachers in classrooms. Ms. Harrison shared that the Matanuska-Susitna Borough School District requires a fingerprint background check of every single employee in the district. The fingerprint cards are sent out daily from the district, however, she knows that elsewhere when there is a shortage of staff some of the fingerprint cards may be batched and sent to the FBI. That may be the cause of some of the backlog, she added. CHAIR WILSON agreed that Matanuska-Susitna Borough School District does an excellent job of screening; unfortunately, not all school districts do. CHAIR WILSON announced that she will be holding the bill in committee. MR. WARWICK reminded the members that if this bill does not pass the legislature this year [because of the lack of federal compliance], there is a possibility that Alaska will no longer receive criminal background checks on anyone. He commented that there is one more committee of referral. CHAIR WILSON said she would agree with passing version W from committee, but it does not appear to have support. REPRESENTATIVE SEATON said he believes it makes sense to give the Department of Education and Early Development the flexibility to do the 60-day extension [as in version V]; however, if it is a question of not having any FBI criminal background checks for Alaska, then he said he would support version W. REPRESENTATIVE CISSNA commented that something is better than nothing in this case. CHAIR WILSON reiterated that version V has a 60-day extension and version W does not. Number 2351 REPRESENTATIVE SEATON asked if version W provides for the fingerprints to be submitted, then resubmit them in another 90 days. MS. HARRISON replied that after the first 90 days, the districts can no longer keep teachers in the classroom. TAPE 04-34, SIDE B Number 2358 MS. HARRISON pointed out that after 90 days the temporary teaching certificate is no longer in effect. Many times it is the case that the fingerprint background check has not come back. There have been several times when the Department of Education and Early Development had not received the fingerprint background check back, but Matanuska-Susitna Borough School District had already gotten it back. She said she would appreciate the department having the flexibility. CHAIR WILSON asked Ms. Curran to comment on the department's regulation related to those individuals who could not get fingerprints. MS. CURRAN replied that the department is working on regulations that would provide a name-based background check. MS. HARRISON told the committee of one employee that worked for the district for three years without certification because she could not provide fingerprints. She said she had to rewrite the job description so that it did not require certification to hire this individual. She said she hopes that the department could be afforded that flexibility. REPRESENTATIVE WOLF commented that without a background check it is not known what an individual has done. The Department of Education and Early Development has testified that if there is a medical reason for inability to provide fingerprints the state will waive that requirement and do a name-based background check. MS. HARRISON pointed out that has not happened and the person is still in a PERS position three years later. Number 2247 MS. CURRAN commented that this regulation went into effect on April 16, 2004, and individuals who are having trouble with their fingerprints have been notified. REPRESENTATIVE SEATON asked if the bill is passed will it supercede the new regulation. MS. CURRAN commented that the department is currently working under that regulation, but believes the statute will supercede the department's regulation. The bill does provide for a name- based background check, she added. REPRESENTATIVE SEATON clarified that would occur only after two failures of fingerprint submissions. MS. CURRAN said that is correct. REPRESENTATIVE SEATON commented that if the fingerprints did not come back within the 90 days, the department does not have any flexibility other than to remove the teacher from the classroom. MS. CURRAN replied that the district would remove the teacher from the classroom. Number 2165 REPRESENTATIVE SEATON moved to adopt HCS CSSB 179, 23-LS0938\W, Luckhaupt, 4/16/04, as the working document. There being no objection, HCS CSSB 179, version W is before the House Health, Education and Social Services Standing Committee as the working document. REPRESENTATIVE SEATON moved to report HCS CSSB 179, 23-LS0938\W, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 179 was reported out of the House Health, Education and Social Services Standing Committee. REPRESENTATIVE SEATON made a motion to move a conceptual resolution to change the title of HCS CSSB179, version W. There being no objection, the conceptual resolution was passed by the House Health, Education and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|