Legislature(2009 - 2010)CAPITOL 106

02/02/2009 08:00 AM House EDUCATION


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08:02:44 AM Start
08:03:02 AM Department of Education and Early Development - Professional Teaching Practices Commission
08:09:48 AM Department of Education and Early Development - Alaska Commission on Postsecondary Education
09:39:03 AM Department of Education and Early Development - Professional Teaching Practices Commission
09:47:51 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overviews: Dept. of Education & Early TELECONFERENCED
Development; Postsecondary Education
Commission; Professional Teaching
Practices Commission
<Above Item Continued on 02/06/09>
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE EDUCATION STANDING COMMITTEE                                                                             
                        February 2, 2009                                                                                        
                           8:02 a.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Cathy Engstrom Munoz, Vice Chair                                                                                 
Representative Bryce Edgmon                                                                                                     
Representative Wes Keller                                                                                                       
Representative Peggy Wilson                                                                                                     
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):                                                                                                                    
                                                                                                                                
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, PROFESSIONAL                                                                     
TEACHING PRACTICES COMMISSION                                                                                                   
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT, ALASKA COMMISSION                                                                
ON POSTSECONDARY EDUCATION                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARK LEWIS, Director                                                                                                            
Administrative Services                                                                                                         
Department of Education and Early Development                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented budget information regarding the                                                               
Professional Teaching Practices Commission.                                                                                     
                                                                                                                                
DIANE BARRANS, Executive Director                                                                                               
Alaska Commission on Postsecondary Education                                                                                    
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Presented   an  overview  on  the  Alaska                                                             
Commission on Postsecondary Education.                                                                                          
                                                                                                                                
EDDY JEANS, Director                                                                                                            
School Finance and Facilities Section                                                                                           
Department of Education and Early Development                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered  questions and provided information                                                             
regarding the Professional Teaching Practices Commission.                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:02:44 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR  CATHY  ENGSTROM MUNOZ  called  the  House  Education                                                             
Standing   Committee    meeting   to    order   at    8:02   a.m.                                                               
Representatives Keller, Wilson, Edgmon,  Gardner, Buch, and Munoz                                                               
were  present at  the call  to  order.   She said  Representative                                                               
Seaton is attending his father's 100th birthday celebration.                                                                    
                                                                                                                                
^OVERVIEW(S):                                                                                                                 
                                                                                                                                
^DEPARTMENT  OF EDUCATION  AND EARLY  DEVELOPMENT -  PROFESSIONAL                                                             
TEACHING PRACTICES COMMISSION                                                                                                 
                                                                                                                                
[Due to technical difficulties, the  committee was unable to hear                                                               
the scheduled  speaker, Patricia Truman, calling  from Anchorage.                                                               
In  her stead,  Mark Lewis  made  a quick  presentation and  Eddy                                                               
Jeans  answered  questions  following the  Alaska  Commission  on                                                               
Postsecondary  Education  overview.     Vice  Chair  Munoz  later                                                               
announced that  Ms. Truman's overview  would be rescheduled.   It                                                               
was heard at the 2/6/09 regular committee meeting.]                                                                             
                                                                                                                                
8:03:02 AM                                                                                                                    
                                                                                                                                
VICE  CHAIR MUNOZ  announced  that the  first  order of  business                                                               
would be  an overview  of the Department  of Education  and Early                                                               
Development - Professional Teaching Practices Commission (PTPC).                                                                
                                                                                                                                
MARK  LEWIS,  Director,  Administrative Services,  Department  of                                                               
Education and  Early Development, drew  attention to a  change on                                                               
page 3  of the  Department of  Education and  Early Development's                                                               
budget  overview  [under  the column  for  Professional  Teaching                                                               
Practices  Commission (PTPC),  Agency Operations].   He  said the                                                               
department  is asking  to switch  the fund  source from  receipts                                                               
supported  services  to the  general  fund.   He  explained  that                                                               
receipts supported  services is money from  teacher certification                                                               
fees, but  it is  not enough  revenue to  fully fund  the teacher                                                               
certification  section  and  this   has  created  a  hardship  in                                                               
operating  that  program.    Switching the  fund  source  to  the                                                               
general  fund would  allow  the  PTPC to  have  a steady  funding                                                               
stream   and  give   the   teacher   certification  section   the                                                               
opportunity to be fully funded and able to complete its duties.                                                                 
                                                                                                                                
The committee took an at-ease from 8:06 a.m. to 8:09 a.m.                                                                       
                                                                                                                                
^DEPARTMENT  OF   EDUCATION  AND   EARLY  DEVELOPMENT   -  ALASKA                                                             
COMMISSION ON POSTSECONDARY EDUCATION                                                                                         
                                                                                                                                
8:09:48 AM                                                                                                                    
                                                                                                                                
VICE CHAIR MUNOZ announced that  the next order of business would                                                               
be  an  overview  of  the   Department  of  Education  and  Early                                                               
Development - Alaska Commission on Postsecondary Education.                                                                     
                                                                                                                                
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary Education,  began her PowerPoint  presentation with                                                               
a historical  overview.   She noted  that the  undergraduate loan                                                               
program was  created by the  legislature in 1968, but  the Alaska                                                               
Commission on Postsecondary Education  (ACPE) was not established                                                               
until 1974  [slides 3-4].  The  ACPE was created to  serve as the                                                               
state's higher  education coordinating and financial  aid agency;                                                               
although some of the coordination authority was later repealed.                                                                 
                                                                                                                                
MS. BARRANS  said that in 1981  the state offered loans  of up to                                                               
$7,000 per  year with  50 percent forgiveness.   The  program was                                                               
fully funded by  the general fund, so the  provisions were policy                                                               
calls on  the part of  the legislature.   When oil  dropped below                                                               
$10  per barrel  in  1987, the  Alaska  Student Loan  Corporation                                                               
(ASLC) was established  as the financing source.  As  a result of                                                               
this new financing  source, substantial changes were  made in the                                                               
loan  program and  the terms  of the  loans in  1988, one  change                                                               
being removal  of loan forgiveness.   From  1995-1998 significant                                                               
changes were made to reverse  financial losses experienced by the                                                               
corporation, and  by 2001 the  financial improvements  from these                                                               
changes allowed  the corporation  to start making  annual returns                                                               
to the state.                                                                                                                   
                                                                                                                                
MS.  BARRANS related  that in  2002  the legislature  unanimously                                                               
passed  AlaskAdvantage, which  added  federally guaranteed  loans                                                               
and  new  state outreach  and  early  awareness programs  to  the                                                               
agency's  mission and  goals.   In 2003  the commission  added an                                                               
alternative consolidation loan program  that allowed borrowers to                                                               
take their  older, higher  rate loans  and consolidate  them into                                                               
loans at a reduced cost.   In 2004 the commission's outreach unit                                                               
received a  Lumina Foundation Grant  for College Goal  Sunday and                                                               
the  commission  founded  the Coalition  of  Alaskans  Supporting                                                               
Higher Education  (CASHE) in partnership  with the  financial aid                                                               
officers in Alaska.                                                                                                             
                                                                                                                                
MS. BARRANS  said the legislature established  the AlaskAdvantage                                                               
Education Grant  Program in 2005  which allowed leverage  of some                                                               
student  loan corporation  receipts to  capture federal  matching                                                               
funds.    In  2008  the governor  designated  the  commission  as                                                               
administrator of  the College Access Challenge  Grant, a two-year                                                               
federal  grant authorized  to  every state  to  promote going  to                                                               
college  and college  access.   In 2009  the commission  will use                                                               
these funds to  launch a peer mentoring program  in high schools.                                                               
This mentoring program will target  at-risk students to help them                                                               
overcome  any barriers  that  might prevent  them  from going  to                                                               
college.                                                                                                                        
                                                                                                                                
8:17:00 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS highlighted  organizational and  staffing structures                                                               
[slides 5-7].  She explained  that ACPE works in partnership with                                                               
the  Alaska  Student Loan  Corporation  (ASLC).   The  commission                                                               
develops  and  delivers  higher   education  access  and  support                                                               
services and  the corporation underwrites  the costs  of mission-                                                               
related services.   The commission has a 14-member  board and the                                                               
corporation  has  a  5-member  board.   The  commission  has  102                                                               
authorized  full-time  employee  positions,  with  the  servicing                                                               
staff  located  in  Juneau  and   the  outreach  and  information                                                               
technology staff  located in Anchorage.   Outreach staff recently                                                               
relocated to  the Diamond  Center, a  mall location  in Anchorage                                                               
frequented by students.                                                                                                         
                                                                                                                                
MS. BARRANS  noted that ACPE's  organizational objectives  are to                                                               
promote, support,  and provide access to  postsecondary education                                                               
in Alaska and  for Alaskans.  She said this  is done by providing                                                               
training  access products  and services,  promoting postsecondary                                                               
education  participation  in  Alaska,  and  protecting  consumers                                                               
through  regulation   of  postsecondary   education  institutions                                                               
operating in Alaska.  Another  objective is to structure programs                                                               
and services  so they are  self-sustaining regardless  of whether                                                               
state revenues  are rising or  falling.  She said  the commission                                                               
believes  it  is  important  to   foster  key  institutional  and                                                               
organizational   partnerships    in   order   to    improve   the                                                               
effectiveness  of  its  outreach,  early  awareness,  and  access                                                               
programs.   A suite of  measures has been implemented  within the                                                               
commission so that the  organization's operational and management                                                               
health  can be  assessed.    The commission  has  grown its  loan                                                               
portfolio while  containing administrative  costs.   For example,                                                               
the loan volume has grown  substantially in recent years, but the                                                               
number of staff remains at 1999 levels.                                                                                         
                                                                                                                                
8:20:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  inquired how ACPE's investments  have been                                                               
affected by the current market downturn.                                                                                        
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Wilson,  explained                                                               
that ACPE's  investments have not  been impacted [by  the current                                                               
market  downturn].   Because of  the nature  of its  business the                                                               
commission  has very  conservative investment  policies, so  most                                                               
investments are in  fixed rate instruments.   The commission does                                                               
not  have a  great need  for liquidity  for its  investments.   A                                                               
certain amount  of assets are  kept invested according  to policy                                                               
and to  provide a reserve for  the corporation.  Thus,  the rates                                                               
were  not  impacted  by  the downtown  in  the  capital  markets,                                                               
although there were other impacts.                                                                                              
                                                                                                                                
8:21:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  how the  interest rate  to student                                                               
borrows is calculated and can the  rate be reduced now that rates                                                               
for other things are reduced.                                                                                                   
                                                                                                                                
MS.  BARRANS, in  response to  Representative  Gardner, said  the                                                               
interest rate that  the commission charges borrowers  is not tied                                                               
to the cost of overnight funds; rather  it is tied to the cost of                                                               
administering  the  program  plus  the cost  of  the  outstanding                                                               
bonds.  The  rate is tied to  a money index that  is not impacted                                                               
by  the  very  low  rates   that  are  currently  being  seen  in                                                               
government-supported coupons.   In further response,  Ms. Barrans                                                               
said the highest  rate currently being charged  by the commission                                                               
is 7.3 percent.   However, a loan under  the commission's federal                                                               
program might  have a rate  below 5 percent depending  on whether                                                               
the  borrower  qualifies for  a  government  subsidized loan  and                                                               
whether the loan is being used  in Alaska or elsewhere.  Alaska's                                                               
is the lowest alternative interest rate in the country.                                                                         
                                                                                                                                
8:24:11 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Wilson,  specified                                                               
that the  student loans  are fixed  rate to the  borrower.   As a                                                               
federal lender the rate that  the commission receives is adjusted                                                               
quarterly, but it is fixed  to the borrower.  Congress determines                                                               
the way in  which the interest rate on federal  loans is set, and                                                               
from 2002-2006  the federal  loans were  variable rate  and reset                                                               
annually with a cap of 8.25 percent.                                                                                            
                                                                                                                                
8:25:18 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Edgmon,  explained                                                               
that the  loan program is designed  to be self sustaining.   When                                                               
the   student  loan   corporation  was   created  in   1988,  the                                                               
legislature transferred  $306 million  in loan  assets to  it and                                                               
those  became  the  capital with  which  the  corporation  issued                                                               
bonds.   The loans  that are  made are used  to secure  the bonds                                                               
that are issued.   The receipts on those loans  are first pledged                                                               
to repay the principle and  interest on bonds, anything remaining                                                               
goes back  into the  fund for originating  more loans,  and since                                                               
2001 a dividend has also been  returned to the state.  In further                                                               
response, she  said the corporation manages  its own investments.                                                               
The  corporation's  board is  constructed  so  there is  a  nexus                                                               
between the  Department of  Revenue and  the Alaska  Student Loan                                                               
Corporation.   The board  sets the policy  for investments.   The                                                               
Department of  Revenue invests those  funds that  the corporation                                                               
needs  to keep  liquid, essentially  this is  done as  a fee  for                                                               
service.                                                                                                                        
                                                                                                                                
8:27:09 AM                                                                                                                    
                                                                                                                                
MS. BARRANS,  in response to Vice  Chair Munoz, said that  if the                                                               
state  were  to again  have  a  [forgiveness loan]  program  that                                                               
entitled  a  borrower  to  an automatic  discharge  of  debt  for                                                               
service  or residence  in the  state  or other  reason, the  cost                                                               
would need to be forward funded with general funds.                                                                             
                                                                                                                                
8:28:09 AM                                                                                                                    
                                                                                                                                
MR. BARRANS,  in response to Representative  Buch, explained that                                                               
up until  1988 the  loan program  was fully  funded by  the state                                                               
general fund.   The public policy reasoning during  that time was                                                               
that only  half of the  loan amounts  would be repaid  because in                                                               
theory  all  of the  borrowers  would  return  to the  state  and                                                               
qualify for forgiveness of half  of their principle and interest.                                                               
To receive  the forgiveness  benefit a  borrower had  to complete                                                               
the certificate  for which  the loan was  offered, return  to the                                                               
state within one  year, and remain for at least  five years.  She                                                               
said  she  believed  about  20   percent  of  borrowers  actually                                                               
received  the benefit.   Ms.  Barrens said  the default  rate was                                                               
substantial at nearly  28 percent.  She offered  her opinion that                                                               
students did  not understand that  the entire amount of  the debt                                                               
was  a real  debt  and  many may  have  borrowed  more than  they                                                               
actually  needed.   The  corporation  had  a $50  million  equity                                                               
deficit because of losses on these loans.                                                                                       
                                                                                                                                
8:30:22 AM                                                                                                                    
                                                                                                                                
MS. BARRANS continued her presentation  [slide 10].  She said the                                                               
commission/corporation sees itself as  a public enterprise agency                                                               
that has a record of positive  performance.  She is the executive                                                               
director of the  commission as well as the  executive officer and                                                               
sole  employee  of  the  student  loan  corporation.    Under  an                                                               
agreement  between  the  corporation   and  the  commission,  the                                                               
commission's employees  service the corporation's programs.   She                                                               
said   the   commission/corporation  has   enjoyed   longstanding                                                               
bipartisan  support and  is viewed  as  a successful  model of  a                                                               
government enterprise organization.                                                                                             
                                                                                                                                
MS.  BARRANS noted  that from  1968-1987 student  education loans                                                               
were seen as  a state entitlement program [slide 12].   A student                                                               
aged 16 or older and  attending an institution approved in Alaska                                                               
or accredited  elsewhere could receive  these loans.   There were                                                               
no  other requirements  such as  a co-signer  or collateral.   No                                                               
interest was charged during the  in-school period and there was a                                                               
12-month grace  period at the  end of  the school period.   These                                                               
factors likely led to a perception  that this was not a debt like                                                               
other  debts, she  said.    During that  time  the  focus was  on                                                               
getting the  money to students,  not on collecting loans  for the                                                               
state.    At the  height  of  the  loan  program there  were  144                                                               
authorized institutions  in Alaska;  today there are  45 approved                                                               
schools.                                                                                                                        
                                                                                                                                
MS. BARRANS  reviewed the series  of changes that  occurred after                                                               
the  corporation was  created [slide  13].   From 1988-1993  only                                                               
modest  changes were  made  to the  loan program:    a 1  percent                                                               
origination fee  was imposed, the  interest rate was raised  to 8                                                               
percent  during repayment,  the grace  period was  shortened, and                                                               
monthly bills  replaced the repayment  coupon books.  In  1992 an                                                               
ACPE  servicing  system  conversion failed  catastrophically  and                                                               
required a  six-week shut down  of phones to fix,  she continued.                                                               
A 1993 external audit performed  by Deloitte & Touche resulted in                                                               
the  commission being  denied insurance  for its  bonds.   Things                                                               
were in a  serious state at that point, and  by the mid-1990s the                                                               
ASLC had an equity deficit approaching $50 million.                                                                             
                                                                                                                                
MS. BARRANS related  that in 1993 the commission  hired its first                                                               
executive director  with an education  loan expertise.   Although                                                               
director for only two years, Dr.  Joe McCormick set in motion the                                                               
legislative  changes that  turned  everything  around during  the                                                               
years  1994-2001:   loan  rates  were tied  to  the  cost of  the                                                               
program, collection  methods were expanded beyond  garnishment of                                                               
Permanent   Fund   Dividends   to   allow   the   commission   to                                                               
administratively  issue liens  to garnish  wages and  to leverage                                                               
occupation  professional licenses,  and  modest credit  standards                                                               
were added to the eligibility  criteria. She said that since 1998                                                               
the commission's credit standard has  been that no credit history                                                               
is treated  as good credit  and a  bad credit history  requires a                                                               
co-signer.                                                                                                                      
                                                                                                                                
8:37:19 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  specified that the heightened  standards resulted in                                                               
a  drop from  140  authorized institutions  participating in  the                                                               
program in  2002 to  fewer than  40 today  [slide 15].   Stricter                                                               
standards  were set  for the  institutions  participating in  the                                                               
commission's programs  and the institutions  had to enter  into a                                                               
program participation  agreement as to their  responsibilities in                                                               
administering the loans.  The  commission calculates loan default                                                               
rates  annually and  also calculates  them  for each  institution                                                               
that participates  in the program,  she continued.   Institutions                                                               
that cannot bring their default  rates below a certain level will                                                               
no longer  be allowed to  participate in the state  loan program.                                                               
To participate  in the federal  loan program an  institution must                                                               
be  accredited either  regionally  or nationally.    By 2000  the                                                               
corporation's equity  deficit was  erased and it  was on  a solid                                                               
financial  and administrative  platform.   In addition,  dividend                                                               
payments  to  the  state  were  about to  begin.    These  annual                                                               
payments have ranged  from less than $1 million to  as high as $5                                                               
million.                                                                                                                        
                                                                                                                                
MS. BARRANS highlighted the Federal  Family Education Loan (FFEL)                                                               
Program authorized by the Alaska  State Legislature in 2001.  She                                                               
said that addition of this  federal program allowed ACPE and ASLC                                                               
to begin offering  a "one-stop" suite of state  and federal loans                                                               
to Alaskans in 2002 [known  as the AlaskAdvantage Loan Programs].                                                               
As a state agency/nonprofit lender,  the ASLC has been the number                                                               
one lender in  the Federal Family Education Loan  Program for the                                                               
past  seven years  [slide 16],  she continued.   The  corporation                                                               
awarded $34.5 million in fiscal  year (FY) 2008 and $40.6 million                                                               
in FY 2009  through December 26, 2008.  A  51 percent growth over                                                               
the prior year is expected in this program, she added.                                                                          
                                                                                                                                
MS.  BARRANS discussed  the  Alaska  Supplemental Education  Loan                                                               
(ASEL)  Program, the  successor to  the old  Alaska student  loan                                                               
program [slide 17].   She said the corporation  promotes the ASEL                                                               
as supplemental  to the  federal loan  program because  the terms                                                               
and  conditions  of  the  federal  loan  program  are  much  more                                                               
beneficial  to students.   The  rates  for loans  under the  ASEL                                                               
Program  are  based on  the  Municipal  Market Data  Insured  AMT                                                               
Revenue Bond Yield Curve plus  30 basis points and administrative                                                               
costs.    The minimum  rate  for  the  alternative loans  is  .05                                                               
percent  above  the  federal  loan rate  in  order  to  encourage                                                               
students to use  the federal loan if they qualify.   The interest                                                               
rate on the old alternative loans  is reset each July and for the                                                               
past  two years  the rate  has  been set  at the  minimum of  7.3                                                               
percent.   Under  the ASEL  Program the  corporation loaned  just                                                               
under  $44 million  in  FY  2008 and  $34.9  million  in FY  2009                                                               
through December 26,  2008.  Borrowing under the  ASEL Program is                                                               
declining  because Alaskans  are increasingly  using the  federal                                                               
loan program.                                                                                                                   
                                                                                                                                
8:41:58 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Edgmon,  explained                                                               
that ASLC does  not set its rates  so they are very  low based on                                                               
the  current  conditions for  a  particular  year.   Rather,  the                                                               
corporation   annually  assesses   its  financial   capacity  and                                                               
establishes  a  set of  borrower  benefits  that are  applied  as                                                               
credits and  reductions for one year  at a time.   She cited some                                                               
examples  of  these  credits  and   reductions.    She  said  the                                                               
corporation uses this  method because it knows  what its capacity                                                               
is from  year to year but  cannot project the factors  that might                                                               
impact the corporation over a  10-15 year repayment period.  This                                                               
is the best  method for ensuring sustainability  for the program,                                                               
while  still giving  money back  to borrowers  when there  is the                                                               
capacity to do so.                                                                                                              
                                                                                                                                
8:44:59 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response to  Representative  Gardner, said  the                                                               
legislature's view has been that  it is reasonable to expect some                                                               
return from a  public corporation capitalized by  the state after                                                               
the  corporation's  mission  has  been met.    According  to  the                                                               
statute  governing  ASLC's  dividend,  up  to  one-third  of  the                                                               
corporation's net income  can be paid back to the  state; thus it                                                               
is a policy call rather than  mandatory.  She said that this year                                                               
the corporation  determined a dividend  would not be paid  to the                                                               
state  for FY  2010.   Dividends  to the  state  have dropped  in                                                               
recent  years  because  the  corporation   has  had  very  robust                                                               
borrower benefits.                                                                                                              
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Wilson,  explained                                                               
that  the corporation  is operating  in a  healthy mode,  but the                                                               
environment it is  living in has changed.  The  capital market in                                                               
which the  corporation issues bonds  has collapsed  and literally                                                               
gone away;  thus ASLC has been  unable to issue bonds.   She said                                                               
the corporation's 2008-2009  loans are all funded  with cash from                                                               
receipts and  ASLC expects that annual  volume to top out  at $95                                                               
million,  at  which  point  the   corporation  will  exhaust  its                                                               
capacity to  internally originate loans.   It would  therefore be                                                               
contrary  to  send  a  dividend  back  to  the  state  while  the                                                               
corporation is cash-strapped.                                                                                                   
                                                                                                                                
8:48:49 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  returned to  her presentation  and outlined  some of                                                               
the borrower  benefits in place  for the 2008/2009  academic year                                                               
[slide 18].   She first  advised that the borrower  benefits will                                                               
not be  as robust when  they are reset for  this year.   She said                                                               
ASLC uses the benefits to  incent and reward certain behaviors in                                                               
addition  to reducing  the borrower's  cost.   For example,  ASLC                                                               
incents borrowing  from the low cost  federal AlaskAdvantage loan                                                               
and  the Alaska  Presence Benefit  further reduces  costs if  the                                                               
borrower  attends school  in Alaska  or returns  to Alaska  after                                                               
entering repayment.   Although the  benefits vary,  a significant                                                               
portion of the loans are eligible.   The most utilized benefit is                                                               
the General Benefit.                                                                                                            
                                                                                                                                
8:50:36 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Edgmon,  specified                                                               
that  to be  considered a  resident the  borrower must  be either                                                               
residing in Alaska or attending a  school in Alaska.  There is no                                                               
application  or validation  process for  the borrower  to receive                                                               
the benefit, she added.                                                                                                         
                                                                                                                                
8:52:04 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  noted that  the loan  volume for  the AlaskAdvantage                                                               
Loan Program was just under $60  million for the 2003 school year                                                               
[slide  19].   Addition  of the  federal  programs increased  the                                                               
federal loan volume  and this is expected to  continue, she said.                                                               
Congress recently increased the annual  federal loan limit, so an                                                               
independent freshman student can now  borrow up to $9,500 a year.                                                               
The  stimulus  package  presently being  considered  by  Congress                                                               
would give an  additional $2,000 to help with the  rising cost of                                                               
education.   She  pointed  out that  rising  education costs  are                                                               
causing students  to look more  to private loans  and alternative                                                               
loans.   Only  a  few  states have  a  program  like Alaska's  so                                                               
students in most  states must look to banks which  have very high                                                               
credit standards  and substantially higher interest  rates than a                                                               
state supported program.                                                                                                        
                                                                                                                                
8:53:21 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS, in  response to  Representative Wilson,  said tools                                                               
are  provided to  borrowers so  they can  counsel themselves  [in                                                               
regard  to the  accumulation of  education debt].   She  said she                                                               
does  not know  that it  would be  appropriate for  the state  to                                                               
question or  directly discuss a  borrower's choice of  career and                                                               
the decision to  incur debt.  Students can use  the Alaska Career                                                               
Information  System (AKCIS)  to access  a program  called Reality                                                               
Check, which walks a person  through a decision process regarding                                                               
a desired lifestyle,  the cost of that lifestyle,  and the income                                                               
associated  with that  career.   This  allows  the individual  to                                                               
determine how  much education he  or she  can incur and  still be                                                               
within the realm of reality.   She said the commission's customer                                                               
service agents  counsel strongly that the  federal education loan                                                               
program  is   the  best  because   they  are   income  sensitive.                                                               
Moreover,  the  repayment  schedules  of  federal  loans  can  be                                                               
changed and  discharge is available to  borrowers after repayment                                                               
has been made for a number of years.                                                                                            
                                                                                                                                
8:56:01 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  projected that loan  demand through 2012 will  go to                                                               
over $100 million,  with slow growth thereafter [slide  20].  She                                                               
reiterated that  ACPE originates, holds, and  internally services                                                               
all  ASLC loans  [slide  22].   Loans  that are  over  a year  in                                                               
arrears and  that have a  non-responsive borrower  are contracted                                                               
to a collection agency.   The commission has an internal business                                                               
process   analysis   for   making  qualitative   and   efficiency                                                               
recommendations.                                                                                                                
                                                                                                                                
MS.  BARRANS addressed  the various  loan  repayment methods  and                                                               
collection levers used  by ACPE [slides 22-23].   She pointed out                                                               
that the  majority of  borrowers [45  percent] use  the automated                                                               
Web  Pay method.   Enhancements  to the  on-line payment  options                                                               
will soon be deployed.  One  such enhancement would allow a third                                                               
party  payer, such  as  an  employer or  family  member, to  make                                                               
payment  without   gaining  access  to  the   borrower's  private                                                               
information.   She  reiterated that  collection levers  include a                                                               
modest  credit  review,   co-signer  requirements,  institutional                                                               
default  rate management,  and  collection  of origination  fees.                                                               
The  origination fees  are  put into  a fund  so  that costs  are                                                               
recouped against that fund when loans  must be written off due to                                                               
death, disability,  or uncollectability.   She noted  that ACPE's                                                               
collection and  skiptracing tools are  robust, such as  access to                                                               
state  databases  for  the purposes  of  locating  borrowers  and                                                               
finding updated addresses.                                                                                                      
                                                                                                                                
MS. BARRANS  stated that  in addition to  its loan  programs, the                                                               
ACPE  approves  postsecondary  education institutions  in  Alaska                                                               
[slide  24].     The  commission   also  approves  a   number  of                                                               
institutions for exemption from  authorization, she added.  These                                                               
are  training  organizations  that  do not  fall  into  the  true                                                               
category  of   a  postsecondary   education  institution.     The                                                               
commission   investigates    student   complaints    related   to                                                               
institutions and  enforces institutional  closure rules.   In the                                                               
event of a school closure the  ACPE is the repository for student                                                               
records.  In response to  Representative Wilson, Ms. Barrans said                                                               
ACPE  was the  repository for  all of  Sheldon Jackson  College's                                                               
academic records when it closed.                                                                                                
                                                                                                                                
9:00:32 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  spoke about the  Alaska Commission  on Postsecondary                                                               
Education's  outreach and  early awareness  programs [slide  25].                                                               
She said  ACPE feels this  is very important because  of Alaska's                                                               
poor performance in  terms of the number of students  going on to                                                               
college  and completing  some sort  of a  certificate or  degree.                                                               
The ACPE is focused on  developing a college-going culture.  This                                                               
includes everything  from job training to  vocational programs to                                                               
graduate programs  because Alaska needs skilled  workers in every                                                               
category.     She  said  ACPE   provides  technical   advice  and                                                               
assistance to the Alaska State  Legislature when it is working on                                                               
programs [in  support of  workforce development].   Increasingly,                                                               
ACPE  has  worked  with  the  Department  of  Labor  &  Workforce                                                               
Development   and  the   Department   of   Education  and   Early                                                               
Development  to  ensure that  there  is  a connectedness  between                                                               
organizations with overlapping missions.                                                                                        
                                                                                                                                
MS.  BARRANS  said  ACPE's outreach  is  an  age-based  sequenced                                                               
outreach  that starts  with  second grade  and  continues to  the                                                               
adult  level [slide  26].   The  outreach  staff in  Southcentral                                                               
Alaska  conducts community  visits  and  presentations.   College                                                               
Goal Sunday  is an annual  statewide outreach event.   The Alaska                                                               
Career  Information System  (AKCIS) includes  AKCIS Junior  which                                                               
starts at the  junior high level.  She said  ACPE began providing                                                               
the AKCIS  service to schools in  2008 on a no-fee  basis; it was                                                               
previously  run  through  the Department  of  Labor  &  Workforce                                                               
Development  on a  fee  basis.   In addition,  AKCIS  can now  be                                                               
accessed and used by individuals  not associated with a school or                                                               
other training program.                                                                                                         
                                                                                                                                
9:03:48 AM                                                                                                                    
                                                                                                                                
MS. BARRANS pointed  out a new program, [Peer]  Mentors, which is                                                               
being piloted at  Service High School in Anchorage.   In response                                                               
to Representative  Buch, she  explained that  "Community" Mentors                                                               
is a  typographical error  [on slide 26],  it should  read "Peer"                                                               
Mentors.   In further  response, she said  this program  does not                                                               
yet  include mentoring  by adults  such as  retired seniors,  but                                                               
ACPE is aware that this is an area for growth.                                                                                  
                                                                                                                                
MS.  BARRANS, in  response to  Representative  Gardner, said  the                                                               
peer mentors  that are being  recruited and employed by  ACPE for                                                               
this program are  within a year of graduating from  college.  She                                                               
explained that the  goal is to have mentors who  are close to the                                                               
high schoolers' ages yet able to model the desired behavior.                                                                    
                                                                                                                                
9:06:12 AM                                                                                                                    
                                                                                                                                
MS. BARRANS, in response to  Representative Buch, stated that the                                                               
purpose [of  Peer Mentors] is  to encourage  a student to  have a                                                               
plan of action that will provide him or her a skilled trade.                                                                    
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Wilson,  explained                                                               
that the  Peer Mentors  Program is  brand new  and the  two newly                                                               
hired  college students  start their  employment  tomorrow.   The                                                               
program is  modeled after one  in North Carolina, she  added, and                                                               
the students will be sent out  for training.  In further response                                                               
to  Representative Wilson,  Ms. Barrans  said ACPE  chose Service                                                               
High  School because  it has  a  diverse population  and a  large                                                               
portion  of at-risk,  lower income  students.   Both  of the  new                                                               
mentors  will work  at  Service  because it  was  thought that  a                                                               
collegial support structure would  be important for starting this                                                               
new program  and would  provide the ability  to analyze  what did                                                               
and did  not work and  then make  any needed modifications.   Ms.                                                               
Barrans said  ACPE is mindful that  what might work for  an urban                                                               
model may  not work  for a rural  model.  She  said she  does not                                                               
know the  number of students  attending Service High  School, but                                                               
that it is a big school.                                                                                                        
                                                                                                                                
9:09:36 AM                                                                                                                    
                                                                                                                                
MS. BARRANS referred to a  report prepared by the commission last                                                               
year  entitled,  "Making  Alaska More  Competitive  by  Preparing                                                               
Citizens for College and Career".   She said the study found that                                                               
Alaska has  no place  to go  but up in  terms of  having students                                                               
prepared and understanding  how important postsecondary education                                                               
is to them.                                                                                                                     
                                                                                                                                
MS.  BARRANS, in  response  to  Representative Edgmon,  specified                                                               
that ACPE's  mission is  to encourage  preparation for  career or                                                               
college.  For  some people this will mean college,  for others it                                                               
will mean a  career training program, and when she  uses the term                                                               
college  she  is  meaning  both  of  these.    She  related  that                                                               
according to  recent testing reports from  testing organizations,                                                               
the difference  in being prepared  for technical or  trade school                                                               
versus  college is  only in  the  application of  what a  student                                                               
learns in high school.  The  essence of the curricula and what it                                                               
takes for  a student  to be  successful is the  same in  terms of                                                               
math skills and  critical thinking.  She said  ACPE believes that                                                               
training  high school  students  to be  focused on  postsecondary                                                               
education provides  those students with  the ability to  make any                                                               
choice they  want.  In further  response, Ms. Barrans said  it is                                                               
difficult  to say  what portion  of the  loans is  for vocational                                                               
training  because  most of  that  training  is occurring  at  the                                                               
University  of Alaska,  but  she  estimates that  as  many as  20                                                               
percent of  the borrowers are  in an associate degree  program or                                                               
shorter.                                                                                                                        
                                                                                                                                
MS. BARRANS, in response to  Representative Buch, reiterated that                                                               
the majority  of vocational  education training  in the  state is                                                               
being  delivered by  the University  of Alaska.   She  understood                                                               
that the university  has added over 60 programs  at the associate                                                               
or  below level,  all  which would  be  considered vocational  or                                                               
technical training.                                                                                                             
                                                                                                                                
9:14:57 AM                                                                                                                    
                                                                                                                                
MS. BARRANS continued  reviewing ACPE's age-appropriate sequenced                                                               
information & activities [slide 27].   She said there is a second                                                               
grade  classroom   reading  program   in  partnership   with  the                                                               
University of Alaska.  For fifth  grade there is an "I'm Going to                                                               
College"  orientation  program  through   which  the  kids  visit                                                               
college campuses  in their neighborhoods.   From fifth  to eighth                                                               
grade  the  idea  of  college is  promoted  through  posters  and                                                               
newspapers.  For  eleventh graders ACPE promotes  all of Alaska's                                                               
institutions,  including  vocational  and  private,  through  the                                                               
publication, "Going to  College in Alaska".   For twelfth graders                                                               
ACPE  publishes  a  planning   calendar  that  includes  testing,                                                               
admission, and other important dates.                                                                                           
                                                                                                                                
MS.  BARRANS outlined  ACPE's outreach  partnerships [slide  28].                                                               
"College  Goal Sunday"  provides  help in  filling  out the  Free                                                               
Application for  Federal Student Aid  (FAFSA).  There will  be 30                                                               
locations statewide providing  this help in 2009, she  said.  The                                                               
Alaska Career Information System (AKCIS)  is up and operating for                                                               
2009.   "I  Know  I Can"  is  a second  grade  program where  the                                                               
concept of college and career is introduced.                                                                                    
                                                                                                                                
MS. BARRANS  displayed a map  of the Alaska communities  in which                                                               
ACPE's outreach  staff has  been involved [slide  29].   She said                                                               
staff visits the highly populated  communities on an annual basis                                                               
and  smaller  communities  are  visited  once  every  two  years.                                                               
During the  interim there  is communication  on the  programs and                                                               
services.     When  possible,  the  outreach   presentations  are                                                               
provided via the  World Wide Web.  These presentations  can be on                                                               
such topics as financial literacy  or college and career planning                                                               
presentations.    The  ACPE  involves  faith-based  organizations                                                               
within the communities.                                                                                                         
                                                                                                                                
9:17:48 AM                                                                                                                    
                                                                                                                                
MS. BARRANS said  the ACPE is candid in acknowledging  that it is                                                               
has  not "moved  the  bar" the  way  it would  like  in terms  of                                                               
increasing  higher education  attendance [slide  30].   There has                                                               
been  a slight  increase in  the  number of  low income  Alaskans                                                               
going on, she  added, but the overall number of  Alaskans has not                                                               
increased.   The  ACPE and  ASLC offer  Alaskans the  lowest cost                                                               
financial  aid package  in the  nation.   Grants  are offered  to                                                               
needy  students, with  approximately $1.3  million to  be offered                                                               
this  next  year to  about  1600  students attending  schools  in                                                               
Alaska.   In  2004 and  2005 ACPE  and ASLC  returned about  $160                                                               
million  to the  State of  Alaska for  capital projects.   To  do                                                               
this, the ASLC issued bonds backed by student loan assets.                                                                      
                                                                                                                                
MS. BARRANS  said accomplishments  include providing  $24 million                                                               
in  cumulative borrower  benefits  through  December 2008  [slide                                                               
31].   Five-hundred-thousand  dollars  in grants  was awarded  in                                                               
FY 2008.   The  grant program  was expanded  to add  priority for                                                               
students  pursuing  careers  in  process  and  natural  resources                                                               
extraction industries.  Interest rates  for FY 2008 ranged from a                                                               
low  of 2.25  percent to  a high  of 7.3  percent.   Outreach was                                                               
provided to almost 40,000 Alaskans  at nearly 500 outreach events                                                               
around the  state.  Through  the Western  Undergraduate Exchange,                                                               
over  1,600  Alaska  students attended  institutions  outside  of                                                               
Alaska  without  forgoing  their  residency.   This  saved  those                                                               
students  just  under $12  million  in  tuition discounts.    The                                                               
cumulative dividend  provided to the  general fund since  2001 is                                                               
$32 million.   In addition, almost $6 million  has been attracted                                                               
to Alaska's higher education system  by the offering of financial                                                               
aid to non-residents.                                                                                                           
                                                                                                                                
9:20:46 AM                                                                                                                    
                                                                                                                                
MS. BARRANS  reviewed the  goals and  challenges for  2009 [slide                                                               
32].   She said ACPE  and ASLC  are continuing to  offer Alaskans                                                               
low  cost financial  aid  despite reduction  in  the subsidy  for                                                               
federal   loans  and   upheavals   in   the  financial   markets.                                                               
Strategies  are being  implemented  to avoid  disruption of  ASLC                                                               
lending activities.   Support of program expansion  is being done                                                               
in a  way that will  not jeopardize the ability  to self-sustain.                                                               
In  recent years  the ACPE  and ASLC  have advocated  for federal                                                               
Higher  Education Act  (HEA) recognition  of state  financial aid                                                               
programs and  services.  U.S.  Senator Lisa Murkowski has  been a                                                               
strong advocate in  this regard, she added, and the  hope is that                                                               
[newly elected] U.S. Senator Mark Begich will be as well.                                                                       
                                                                                                                                
9:22:17 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS  summarized  the two  currently  available  non-loan                                                               
financial aid  programs [slides  33-34]:   the UA  Scholars Award                                                               
and  the AlaskAdvantage  Grant.    The UA  Scholars  Award is  an                                                               
$11,000 scholarship for use over  a four-year period of time, she                                                               
said.   The  AlaskAdvantage  Grant is  a last-dollar,  need-based                                                               
grant  which  means  the  student   must  have  applied  for  and                                                               
exhausted other  grant aid.  This  grant is for up  to $2,000 per                                                               
year.  Until  2008, AlaskAdvantage Grants were funded  with a mix                                                               
of  federal Leveraging  Educational Assistance  Partnership (LEAP)                                                              
dollars and  ASLC funds.  This  was changed in FY  2009 when ASLC                                                               
received  a capital  appropriation.   The  objectives  of the  UA                                                               
Scholars Award and the AlaskAdvantage  Grant overlap in that they                                                               
are both  statewide, require  attendance at  a school  in Alaska,                                                               
and incent certain terms of  academic achievement.  However, both                                                               
programs  are   tenuously  funded.    Neither   program  requires                                                               
specific college-prep  curriculum nor ensures  broad-based access                                                               
to non-loan aid for Alaska  students.  Because these two programs                                                               
lack certainty a  student cannot be assured that the  aid will be                                                               
there.                                                                                                                          
                                                                                                                                
9:26:46 AM                                                                                                                    
                                                                                                                                
MS. BARRANS,  in response to Representative  Gardner, offered her                                                               
opinion that a  single program can be  successfully structured to                                                               
combine  the   elements  of   both  merit-based   and  need-based                                                               
scholarships.   Without  a  doubt, she  said,  Alaska would  reap                                                               
benefits from a program with  certainty and that incents students                                                               
to  be fully  prepared to  enter postsecondary  or apprenticeship                                                               
programs without  remediation.  In further  response, Ms. Barrans                                                               
explained that  the federal rules  for FAFSA  application specify                                                               
that a person  under a certain age must  have lived independently                                                               
of his or  her parents for three years to  be eligible.  However,                                                               
if  the person  is married  or has  a child,  then he  or she  is                                                               
automatically  considered independent.    She  said she  believes                                                               
that beyond that, financial aid  professionals can exercise their                                                               
judgment  in deeming  someone  to be  independent,  but they  are                                                               
required to do so very carefully.                                                                                               
                                                                                                                                
9:29:58 AM                                                                                                                    
                                                                                                                                
MS.  BARRANS,  in response  to  Representative  Keller, said  she                                                               
thinks it is  well within the ACPE's mission  to promote programs                                                               
[like  the   Taylor  Scholars  Program]  that   have  meritorious                                                               
elements.   She  said access  to postsecondary  education is  not                                                               
everything.   People  must  also be  prepared  to be  successful,                                                               
particularly if  they are  funding their  postsecondary education                                                               
with  debt.   Having to  take remedial  courses at  the start  of                                                               
postsecondary education  could result in debt  without the person                                                               
being any further ahead.                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER  thanked and  complimented Ms.  Barrans for                                                               
her work, integrity, and openness.                                                                                              
                                                                                                                                
REPRESENTATIVE BUCH  commented that there are  numerous education                                                               
programs that  are available  to certain people  for no  cost and                                                               
asked whether ACPE  coordinates with these programs.   He offered                                                               
his opinion  that the state  is excelling  in some ways  but just                                                               
wants to  do more,  for which he  offered his  congratulations to                                                               
ACPE.                                                                                                                           
                                                                                                                                
9:34:51 AM                                                                                                                    
                                                                                                                                
MS. BARRANS, in response to  Vice Chair Munoz, explained that the                                                               
institutions participating in  the Western Undergraduate Exchange                                                               
(WUE) set their  own criteria [as far as  which career categories                                                               
they  offer].   Some institutions  may  make all  of their  study                                                               
programs available  because they want  to increase the  number of                                                               
nonresident students for diversity purposes  or they may want the                                                               
extra money from  the nonresident tuition that  is discounted but                                                               
still  higher than  the resident  rate.   Some institutions  that                                                               
have  a high  in-state  attendance  may use  the  WUE program  to                                                               
leverage attendance in an undersubscribed  program.  The exchange                                                               
is supposed to be mutually beneficial, she added.                                                                               
                                                                                                                                
MS. BARRANS,  in response to  Vice Chair Munoz, agreed  [that WUE                                                               
is  different  from  the  Washington-Alaska-Montana-Idaho  (WAMI)                                                               
program that  targets medical students].   She  further explained                                                               
that  the  Western  Interstate Commission  for  Higher  Education                                                               
(WICHE) is  a professional student  exchange program  that allows                                                               
access  to   graduate  level  programs.     Through  1987  Alaska                                                               
participated  in the  14 programs  which included  law, medicine,                                                               
veterinary medicine,  pharmacy, and  podiatry.  But  beginning in                                                               
1988 Alaska curtailed and then  eventually eliminated the program                                                               
funding for the state's participation.   In the late 1990s it was                                                               
reinstituted as  a loan,  so now  individual students  can borrow                                                               
the support fee that is paid  on their behalf to the institution.                                                               
Because  it   is  financed  through   the  Alaska   Student  Loan                                                               
Corporation,  the loans  are only  for those  professional fields                                                               
for  which  there  is  potential  employment  in  Alaska  and  an                                                               
associated income  high enough to  pay off  the debt.   Right now                                                               
there  are  five fields  that  ASLC  actively participates  in  -                                                               
pharmacy,    podiatry,   dentistry,    physical   therapy,    and                                                               
occupational  therapy.   In  exchange for  the  support fee,  the                                                               
students receive  preference for  admission.  Ms.  Barrans agreed                                                               
to put this information in writing for Vice Chair Munoz.                                                                        
                                                                                                                              
^DEPARTMENT  OF EDUCATION  AND EARLY  DEVELOPMENT -  PROFESSIONAL                                                             
TEACHING PRACTICES COMMISSION                                                                                                 
                                                                                                                                
[Due to technical difficulties, the  committee was unable to hear                                                               
the scheduled  speaker, Patricia Truman, calling  from Anchorage.                                                               
Vice Chair Munoz asked Eddy Jeans  to speak in Ms. Truman's stead                                                               
and  later   announced  that  Ms.  Truman's   overview  would  be                                                               
rescheduled for another day.]                                                                                                   
                                                                                                                              
9:39:03 AM                                                                                                                    
                                                                                                                                
VICE CHAIR MUNOZ announced that  the next order of business would                                                               
be  a  presentation on  the  Department  of Education  and  Early                                                               
Development - Professional Teaching Practices Commission.                                                                       
                                                                                                                                
EDDY  JEANS, Director,  School  Finance  and Facilities  Section,                                                               
Department of Education  and Early Development, noted  that he is                                                               
a  sitting commissioner  on the  Professional Teaching  Practices                                                               
Commission  (PTPC).   He said  the commission  is established  in                                                               
statute and has a nine-member  board appointed from various areas                                                               
of  education:    five classroom  teachers,  one  principal,  one                                                               
superintendent  of  schools, one  from  a  higher institution  of                                                               
learning,  and himself  representing  the commissioner's  office.                                                               
Commission members  meet 3-4 times  a year and  review complaints                                                               
against teachers.   Meetings may or may not  include hearings, he                                                               
continued, but  when there are  hearings they are formal  and the                                                               
board serves  as both judge  and jury.  Members  serve three-year                                                               
terms  and can  only  serve  two consecutive  terms.   Cases  are                                                               
submitted to  the commission by Ms.  Truman who does most  of the                                                               
legwork and  makes a recommendation  to the commission.   Many of                                                               
the  cases are  resolved by  Ms. Truman  and the  commission then                                                               
accepts or modifies  the agreements.  Often the  cases are simple                                                               
miscommunication, he added.                                                                                                     
                                                                                                                                
9:42:06 AM                                                                                                                    
                                                                                                                                
MR. JEANS, in response to  Representative Gardner, explained that                                                               
complaints are against individuals  and those individuals usually                                                               
have legal counsel.   Cases that make it all the  way to a formal                                                               
hearing are typically pretty severe,  with the commission looking                                                               
at  suspending a  license  for  a year  or  possibly a  lifetime.                                                               
There can be  instances where the commission  reprimands a person                                                               
holding a  teaching certificate and  this goes into  a nationwide                                                               
database so  people know  that there has  been some  violation of                                                               
ethical  conduct, but  it may  not  be severe  enough to  warrant                                                               
license suspension.   In further response, Mr.  Jeans offered his                                                               
assumption  that  a  fraudulent  certificate means  a  person  is                                                               
claiming to  hold a certificate  that he  or she really  does not                                                               
have.                                                                                                                           
                                                                                                                                
9:44:06 AM                                                                                                                    
                                                                                                                                
MR.  JEANS, in  response to  Vice  Chair Munoz,  stated that  Pat                                                               
Truman can conduct  investigations and has the  power to subpoena                                                               
testimony  before her  or  the commission.    Within the  ethical                                                               
standards is  a standard that says  a person will not  make false                                                               
claims against a  coworker.  So, if someone  fraudulently files a                                                               
claim against  a coworker,  it could be  reversed and  the person                                                               
filing that claim could suffer consequences.                                                                                    
                                                                                                                                
MR. JEANS, in response to  Representative Wilson, deferred to Ms.                                                               
Truman for a definition of professional misconduct.                                                                             
                                                                                                                                
MR.  JEANS, in  response to  Representative Buch,  said the  PTPC                                                               
does not  have oversight  over tenure.   Tenure  is based  on the                                                               
number of  years a person  has been successfully employed  in the                                                               
public  schools  and  is granted  through  an  annual  evaluation                                                               
process.   Also,  the  number of  consecutive  years required  to                                                               
achieve  tenure is  set in  statute.   In  further response,  Mr.                                                               
Jeans said  an annual  evaluation of  a teacher's  performance is                                                               
conducted by the principal.                                                                                                     
                                                                                                                                
VICE CHAIR MUNOZ announced that Ms. Truman's overview would be                                                                  
rescheduled for another day.                                                                                                    
                                                                                                                                
9:47:51 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Education Standing Committee meeting was adjourned at 9:48 a.m.                                                                 

Document Name Date/Time Subjects
H Education Briefing Feb2009.ppt HEDC 2/2/2009 8:00:00 AM
PTPC Talking Points.pdf HEDC 2/2/2009 8:00:00 AM
HEDC 2/6/2009 8:00:00 AM