Legislature(1999 - 2000)

02/02/2000 01:35 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                    
                          Work Session                                                                                          
                        February 2, 2000                                                                                        
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Gary Wilken                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Drue Pearce                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 204                                                                                                             
"An Act extending the termination date of the Alaska Commission on                                                              
Aging; and providing for an effective date."                                                                                    
     -HEARD AND HELD                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 85(FIN) am                                                                                                
"An Act relating to licensure and professional discipline of                                                                    
members of the teaching profession and providing for related                                                                    
penalties; relating to grounds for dismissal of a teacher; relating                                                             
to the Professional Teaching Practices Commission; relating to                                                                  
limited immunity for procedures under the Educator Ethics Act;                                                                  
making conforming amendments; and providing for an effective date."                                                             
     -HEARD AND HELD                                                                                                            
                                                                                                                                
Presentation by the State Independent Living Council (SILC)                                                                     
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 204 - No previous committee action.                                                                                          
                                                                                                                                
HB 85  - No previous committee action.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Margaret Evans                                                                                                                  
1615 Birchwood St.                                                                                                              
Anchorage, AK 99508                                                                                                             
POSITION STATEMENT:  Discussed SILC's PSA program                                                                               
                                                                                                                                
Linda Bjorge                                                                                                                    
P.O. Box 756                                                                                                                    
Wrangell, AK 99925                                                                                                              
POSITION STATEMENT: Commented on Assisted Living Home Rates                                                                     
                                                                                                                                
Jerie Best                                                                                                                      
P.O. Box 426                                                                                                                    
Soldotna, AK 99669                                                                                                              
POSITION STATEMENT:  Discussed Transportation Needs of the Disabled                                                             
                                                                                                                                
Patrick Reinhart                                                                                                                
Director, State Independent Living Council                                                                                      
1016 W. 6th Ave. #205                                                                                                           
Anchorage, AK 99501                                                                                                             
POSITION STATEMENT:  Presented John Woodward, SILC Chairman                                                                     
                                                                                                                                
David Jacobson                                                                                                                  
Executive Director of the State Independent Living Council                                                                      
4214 Mathison Court                                                                                                             
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Discussed Housing Needs of the Disabled                                                                    
                                                                                                                                
Ruth L'Hommedieu                                                                                                                
3282 Adams Drive                                                                                                                
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Discussed Employment Needs of the Disabled                                                                 
                                                                                                                                
Sanna Green, Executive Director                                                                                                 
Professional Teachers Practices Commission                                                                                      
344 3rd St. #127                                                                                                                
Anchorage, AK 99508                                                                                                             
POSITION STATEMENT:  Presented HB 85                                                                                            
                                                                                                                                
Jane Demmert                                                                                                                    
Executive Director, Older Alaskans Commission                                                                                   
PO Box 110209                                                                                                                   
Juneau, AK  99811-0209                                                                                                          
POSITION STATEMENT: Presented SB 204                                                                                            
                                                                                                                                
Beth Lape, Special Assistant                                                                                                    
Department of Education                                                                                                         
801 W 10th St. Ste 200                                                                                                          
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Supports SB 204                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-03, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
SENATOR WILKEN called the the work session of the Senate Health,                                                                
Education and Social Services (HESS) Committee to order at 1:35                                                                 
p.m.  Senator Wilken announced that Chairman Miller was ill,                                                                    
Senator Pearce was on business in Washington, D.C., and Senator                                                                 
Pete Kelly was on business in McGrath.  The first order of business                                                             
to come before the committee was a presentation by the State                                                                    
Independent Living Council.                                                                                                     
                                                                                                                                
MR. PATRICK REINHART, Director of the State Independent Living                                                                  
Council (SILC), noted that John Woodward would begin the                                                                        
presentation.   MR. REINHART informed committee members that copies                                                             
of the SILC annual report were provided to the committee.                                                                       
                                                                                                                                
Number 248                                                                                                                      
                                                                                                                                
MR. JOHN WOODWARD, Chairman of SILC, stated that SILC is a                                                                      
governor-appointed group of people with disabilities.  Mr. Woodward                                                             
said the State is heading in the right direction regarding                                                                      
independent living services for Alaskans with disabilities which is                                                             
apparent in SILC's annual report. The amount invested in                                                                        
independent living services by the Legislature last year was the                                                                
largest ever and that investment has paid big dividends.  SILC's                                                                
five centers for independent living helped 18 Alaskans leave                                                                    
institutional care and begin a life in a community of their choice.                                                             
SILC helped another 165 individuals receive services that prevented                                                             
them from having to enter a nursing home or hospital.  Most of                                                                  
these clients are on Medicaid therefore SILC's services saved the                                                               
State more than $13 million.                                                                                                    
                                                                                                                                
Number 428                                                                                                                      
                                                                                                                                
MS. RUTH L'HOMMEDIEU, liaison to the Governor for SILC, said                                                                    
employment issues among disabled people is her main focus.                                                                      
President Clinton recently signed into law the "Ticket to Work and                                                              
Work Incentive Improvement Act of 1999,"  a law that will go a long                                                             
way to remove outdated Medicaid and Medicare coverage rules that                                                                
created barriers for people with disabilities who want to work.                                                                 
The Act allows individuals on Medicaid to buy into the program when                                                             
they are employed so that they will not lose their Medicaid health                                                              
coverage.  As a result, SILC anticipates more Medicaid dollars                                                                  
coming into Alaska which will allow the State to expand its                                                                     
Medicaid program.  Alaska was one of the first states to pass                                                                   
legislation allowing for the Medicaid buy-in; it has been                                                                       
acknowledged as a forerunner in this area.  Approximately 70                                                                    
percent of disabled Alaskans are unemployed. People with                                                                        
disabilities want the opportunity to find a job and live                                                                        
independently in their own communities.  Ms. L'Hommedieu personally                                                             
thanked Senator Elton for intervening on behalf of a Juneau client                                                              
with a kidney dialysis need.                                                                                                    
                                                                                                                                
MR. DAVID JACOBSON, Executive Director of Access Alaska, reported                                                               
that SILC's mission is to help persons with disabilities live and                                                               
work in the community of their choice - one activity that makes                                                                 
that goal possible is making homes accessible. People with                                                                      
disabilities typically do not have the financial resources                                                                      
available to make necessary modifications.  Access Alaska helps to                                                              
make those homes accessible throughout the State.  Last year over                                                               
340 homes were made accessible for persons with disabilities to                                                                 
enable people to live safely, comfortably and independently.  Mr.                                                               
Jacobson asked the committee to continue to support those types of                                                              
services.  The Alaska Housing Finance Corporation (AHFC) has                                                                    
requested $250,000 for a special needs program to help make homes                                                               
accessible for people with disabilities.  SILC actively seeks                                                                   
multiple funding resources; it works in partnership with many                                                                   
different programs to help find funding and equipment.                                                                          
                                                                                                                                
SENATOR WILKEN asked if Access Alaska gets State money through AHFC                                                             
and federal money as a match or a grant.                                                                                        
                                                                                                                                
MR. JACOBSON said that the federal dollars go directly to a broad                                                               
array of services targeted at independent living services.  AHFC                                                                
funds are used for specialized housing needs.                                                                                   
                                                                                                                                
SENATOR WILKEN asked if the $250,000 is an ongoing appropriation.                                                               
                                                                                                                                
MR. JACOBSON said the amount was larger in the previous year.   He                                                              
added, "They did get a match with the Mental Health Trust, so it is                                                             
that match that the $250,000 AHFC plus about $150,000 from the                                                                  
Trust, so they are combined."                                                                                                   
                                                                                                                                
SENATOR ELTON asked if AHFC money can be used for people who                                                                    
already own homes not financed by AHFC.                                                                                         
                                                                                                                                
MR. JACOBSON said that is correct, it is for anyone who has the                                                                 
need for home modifications.                                                                                                    
                                                                                                                                
Number 995                                                                                                                      
                                                                                                                                
MS. LINDA BJORGE, a board member of SILC from Wrangell, informed                                                                
committee members she is a licensed practical nurse.  She currently                                                             
runs an assisted living home in Wrangell.  When she opened her                                                                  
assisted living home, there were not a lot of programs or funds                                                                 
available, now AHFC offers loans for assisted living homes.  She                                                                
asked committee members to support Senator Miller's bill that                                                                   
increases the rate paid by the state for clients at assisted living                                                             
homes from $37.50 to $75 per day.   Disabled people are better off                                                              
staying within their own communities, to be near family and                                                                     
friends, but at $37.50 per day, most family members cannot afford                                                               
to stay home to care for a relative with a disability.                                                                          
                                                                                                                                
SENATOR WILKEN said one thing that became evident from testimony                                                                
heard by members of the Long Term Care Task Force was that people                                                               
need to remain in some sort of home base whenever possible, which                                                               
is the intention of Senator Miller's bill.                                                                                      
                                                                                                                                
SENATOR ELTON commended Senators Wilken and Miller for being                                                                    
instrumental on addressing some of the issues discussed today.                                                                  
                                                                                                                                
MS. BJORGE stated that ideally, the ability of people to stay in                                                                
their homes should not change because of a disability.                                                                          
                                                                                                                                
Number 1224                                                                                                                     
                                                                                                                                
MS. MARGARET EVANS, a resident of Fairbanks, informed committee                                                                 
members that she uses personal assistance services on a daily basis                                                             
and that, without that service, she would be unable to complete                                                                 
daily tasks, work, and attend school.  SILC is creating a new self                                                              
directed care model for the Personal Care Attendants Program.  The                                                              
new model will enable the clients who use personal care attendants                                                              
to direct their own care by hiring and firing their own personal                                                                
care attendants.  SILC is also trying to get more personal care                                                                 
attendants involved in the program and to get salary increases for                                                              
longevity in the program.  The program is funded by Medicaid.  She                                                              
asked for legislators' continued support of the Medicaid program.                                                               
A website, named PCA.infoinsights.com, contains more information                                                                
about that program.                                                                                                             
                                                                                                                                
SENATOR WILKEN asked if the self-directed PCA program is funded                                                                 
with a federal grant from Senator Stevens, and whether that program                                                             
will be available throughout the state in a few years.                                                                          
                                                                                                                                
MS. EVANS said SILC hopes to get the program up and running later                                                               
this year.                                                                                                                      
                                                                                                                                
SENATOR WILKEN noted the career ladder for PCAs is limited at this                                                              
time.  He has been working with the University of Alaska to provide                                                             
PCAs with a stepped RN program that will take two or four years.                                                                
In addition, the Alaska Vocational Technical Center (AVTEC) is very                                                             
interested in offering a two year program for PCA's.                                                                            
                                                                                                                                
Number 1418                                                                                                                     
                                                                                                                                
MS. JERIE BEST introduced SILC's new board member, Peter McDowell.                                                              
                                                                                                                                
MS. BEST informed committee members she focuses on transportation                                                               
issues for SILC.  Funding for capital expenses, such as buying vans                                                             
and equipment, is surprisingly easy to find.  SILC has received                                                                 
money from the Department of Agriculture, the Department of                                                                     
Transportation, and the Alaska Mental Health Trust Authority                                                                    
(AMHTA), so purchasing equipment to transport people is fairly                                                                  
easy.  Finding funding for operations is not easy.  Existing                                                                    
transit systems cannot buy fuel, pay drivers or buy tires.                                                                      
Kodiak's transit system recently shut down, and Mat-Su's is                                                                     
currently in a holding pattern.  New transit systems need time to                                                               
establish a large enough clientele to operate on their own.  Lack                                                               
of transportation is a big issue for people with disabilities who                                                               
are trying to live independently.  SILC coordinates and pairs its                                                               
transit systems with those used by senior citizens.                                                                             
                                                                                                                                
MS. BEST asked that highway funds be earmarked for transit systems,                                                             
especially for the smaller, rural areas.  Fairbanks, Anchorage, and                                                             
Juneau can get federal funds because of their sizes.  She also                                                                  
suggested using one percent of the proposed fuel tax for SILC's                                                                 
transit system.  The opportunity to buy bulk fuel and other items,                                                              
such as tires or insurance, by coordinating with state or municipal                                                             
agencies, would reduce operating costs.                                                                                         
                                                                                                                                
The Native villages' priorities need to be dealt with and they need                                                             
help making appropriate choices when purchasing community vehicles.                                                             
For example, a village may choose to buy an ambulance as the                                                                    
community vehicle but ambulances only carry a driver, passenger,                                                                
and patient, and they are too high off of the ground for elderly                                                                
people to get into.                                                                                                             
                                                                                                                                
MS. BEST explained that SILC gets "5311" federal money for areas                                                                
with large populations and for communities that are close to each                                                               
other. That program works for communities like Kenai and Soldotna,                                                              
but it does not work for the Mat-Su Valley because transit between                                                              
Wasilla and Palmer is too far and operational costs are too high.                                                               
                                                                                                                                
SENATOR WILKEN asked if, when federal money is granted, a slice                                                                 
automatically goes toward disabled transportation.                                                                              
                                                                                                                                
MS. BEST replied that federal requirements mandate that any city                                                                
that gets federal funds for a transit system must make that system                                                              
accessible to the disabled.                                                                                                     
                                                                                                                                
SENATOR WILKEN asked how a system is judged to be accessible.                                                                   
                                                                                                                                
MS. BEST replied the system must be accessible to wheelchair users.                                                             
In addition, specific federal regulations require that additional                                                               
service be provided outside of the transportation corridor in                                                                   
certain instances.  The service must be equal and the fare for                                                                  
disabled riders cannot be higher than the regular fare.  Anyone who                                                             
has an I.D. card for the disabled transit system can ride anywhere                                                              
within the United States; that benefit is very popular.                                                                         
                                                                                                                                
SENATOR WILKEN thanked the participants and announced the next                                                                  
order of business to come before the committee was SB 204.                                                                      
                                                                                                                                
            SB 204-EXTEND ALASKA COMMISSION ON AGING                                                                            
                                                                                                                                
MS. JANE DEMMERT, Executive Director of the Older Alaskans                                                                      
Commission (OAC), said the OAC is very involved in bringing                                                                     
together the interests of many organizations that represent seniors                                                             
across the State. The State demographer recently projected a                                                                    
population of 80,000 elderly people within the next 15-18 years in                                                              
Alaska.                                                                                                                         
                                                                                                                                
Over 180 communities in Alaska are affected by the funding given to                                                             
local non-profit organizations by OAC that provide direct services                                                              
to older Alaskans.  OAC programs are available to all people age 60                                                             
and over, with the exception of the Senior Employment Program which                                                             
is available to people aged 55 and older.  OAC administers four                                                                 
grant programs.                                                                                                                 
                                                                                                                                
OAC will be working with organizations to provide community support                                                             
in whatever area is necessary.  The only increase in funding that                                                               
OAC has received over the past few years is through the Alaska                                                                  
Mental Health Trust Authority (AMHTA).  State agencies have                                                                     
coordinated services to meet the needs of both seniors and people                                                               
of all ages who are disabled, transportation being a prime example.                                                             
                                                                                                                                
OAC works in partnership with the AMHTA and AHFC to meet the                                                                    
transportation and housing needs of seniors and disabled people.                                                                
Anything legislators can do to help AHFC maintain its capacity to                                                               
meet seniors' needs in a consistent manner is very important to                                                                 
prevent a crisis 15 years from now.                                                                                             
                                                                                                                                
MS. DEMMERT commented that the Long Term Care Task Force has been                                                               
very instrumental in moving forward much needed legislation, and it                                                             
has also provided an opportunity for agencies to come together and                                                              
see how many issues are integrated.  She thanked task force members                                                             
for their efforts and noted that people were most appreciative at                                                               
the Common Ground Conference.                                                                                                   
                                                                                                                                
MS. DEMMERT said she provided an update to the committee on the                                                                 
work the OAC has done since last session in regard to the long-term                                                             
care ombudsman position.   The OAC has restructured its by-laws and                                                             
its committees to accommodate the steps necessary to enable the                                                                 
ombudsman function to be robustly supported within the OAC.  The                                                                
OAC is about to begin recruitment for a new long term care                                                                      
ombudsman.  Ms. Demmert thanked the Legislature for all the support                                                             
it has given to the OAC.                                                                                                        
                                                                                                                                
Number 2316                                                                                                                     
                                                                                                                                
SENATOR WILKEN noted that one recommendation in the Legislative                                                                 
Budget and Audit (LBA) report is to separate the long term care                                                                 
ombudsman position from the Department of Administration.  He asked                                                             
if that is being done.                                                                                                          
                                                                                                                                
MS. DEMMERT said that as the OAC went through this process, it                                                                  
drew material from four entities that fit the criteria: the Alaska                                                              
Legal Services and the Disability Law Center, and the State                                                                     
ombudsman's office and the AMTHA.  The OAC concluded that the long                                                              
term care ombudsman position should be retained within a State                                                                  
agency.  The OAC felt that having the ombudsman function in a legal                                                             
setting would not be as conducive to the progress that needs to be                                                              
made, and that placing it within government would have more impact                                                              
than placing it in a non-profit setting.                                                                                        
                                                                                                                                
The OAC had extensive discussions with the state ombudsman and the                                                              
AMHTA.  The state ombudsman did a review of options and concluded                                                               
that key points of divergence between the state ombudsman and long                                                              
term care ombudsman offices would make those offices incompatible                                                               
and that combining the two would not be beneficial to either                                                                    
function.  The AMHTA remains interested, but it is premature for                                                                
them to make a decision.  AMHTA is promulgating regulations to                                                                  
create a redress mechanism for beneficiaries of the trust.  AMHTA                                                               
has acknowledged that the work of the trust and the work of the                                                                 
long term care ombudsman are quite compatible so it is open to                                                                  
discussion about a future relationship.  Two representatives of the                                                             
AMHTA have agreed to be on the search committee for the long term                                                               
care ombudsman.  A new OAC standing committee will have oversight                                                               
of that position and the committee will report to the full OAC.                                                                 
                                                                                                                                
SENATOR WILKEN asked if the committee will establish the "arms-                                                                 
length" relationship that LBA thought was missing.                                                                              
                                                                                                                                
MS. DEMMERT replied that is correct.                                                                                            
                                                                                                                                
SENATOR WILKEN asked about the other LBA recommendations.                                                                       
                                                                                                                                
MS. DEMMERT said some of the accounting recommendations were                                                                    
addressed when OAC made new grant awards.  The new awards provide                                                               
for some of the notification that had been omitted in the past.                                                                 
Second, OAC sped up its process of notifying grantees of the                                                                    
proportion or amount of grantee funds that are federal so that they                                                             
will be notified on a timely basis if they come under federal audit                                                             
requirements.  A third recommendation regarding a cost allocation                                                               
plan issue is in the process of being finalized by OAC.                                                                         
                                                                                                                                
Number 2245                                                                                                                     
                                                                                                                                
SENATOR WILKEN noted the LBA recommended that the OAC be extended                                                               
to 2004.  He also noted the committee is awaiting a fiscal note.                                                                
MS. DEMMERT affirmed that the fiscal note was delivered.                                                                        
                                                                                                                                
SENATOR ELTON thanked Ms. Demmert for her discussion about the long                                                             
term care ombudsman, and pointed out that one can make an argument                                                              
that the long term care ombudsman is an advocate as well as an                                                                  
ombudsman so it differs from the state ombudsman.                                                                               
                                                                                                                                
SENATOR WILKEN asked whether anyone is opposed to the extension of                                                              
the OAC.                                                                                                                        
                                                                                                                                
MS. DEMMERT said she is not aware of any opposition.                                                                            
                                                                                                                                
MARIE DARLIN, representing the Capital City Task Force of AARP,                                                                 
made the following comments.  AARP supports the extension of the                                                                
OAC because it is vital to the concerns of AARP members.  AARP will                                                             
be watching long term care issues this year, particularly the                                                                   
assisted living home issue.                                                                                                     
                                                                                                                                
There being no further testimony on SB 204, SENATOR WILKEN                                                                      
announced it will be held until the next meeting.                                                                               
                                                                                                                                
         HB  85-TEACHERS'LICENSES, DISCIPLINE & ETHICS                                                                          
                                                                                                                                
SANNA GREEN, Executive Director of the Professional Teaching                                                                    
Practices Commission (PTPC), explained that the PTPC is an ethics                                                               
board whose major function is discipline.  HB 85 pulls many                                                                     
provisions related to ethics and licensing into one section of                                                                  
statute. Very few changes have been made to the licensure                                                                       
provisions.  One proposed change is replacing the word                                                                          
"certificate" with "license" to follow a national trend.  A license                                                             
indicates a level-entry qualification while the word "certificate"                                                              
is used to denote a higher level of recognition.  This name change                                                              
makes no changes to the licensing qualifications.                                                                               
                                                                                                                                
SENATOR WILKEN asked if the PTPC will require teacher's licenses                                                                
rather than certificates.                                                                                                       
                                                                                                                                
MS. GREEN said that is correct.                                                                                                 
                                                                                                                                
SENATOR WILKEN asked how other states compare.                                                                                  
                                                                                                                                
MS. GREEN was not sure of the number, but repeated it is a national                                                             
trend.                                                                                                                          
                                                                                                                                
Number 2039                                                                                                                     
                                                                                                                                
SENATOR WILKEN asked the reason for the change.                                                                                 
                                                                                                                                
MS. GREEN stated that a license is generally recognized as an entry                                                             
level credential while a certificate is recognized as requiring a                                                               
more stringent process.  She noted that most states that attended                                                               
the Western States conference are changing the word to "license."                                                               
                                                                                                                                
SENATOR WILKEN asked if the fact that Alaska gives a teacher's exam                                                             
has anything to do with the name change.                                                                                        
                                                                                                                                
MS. GREEN said it does not.                                                                                                     
                                                                                                                                
SENATOR WILKEN pointed out that a criminal history background check                                                             
has been added to page 1, line 13.                                                                                              
                                                                                                                                
MS. GREEN replied the background check is not being added, it is                                                                
already required.  Many of the provisions related to teaching                                                                   
practices are being incorporated into one place in the statutes.                                                                
                                                                                                                                
SENATOR ELTON indicated that he is waiting for a response from the                                                              
Department of Education regarding the ability to waive licensure,                                                               
a matter he has discussed with Ms. Green.                                                                                       
                                                                                                                                
MS. GREEN noted that PTPA's main concern is the safety of children                                                              
in classrooms and, because schools are a victim-rich environment,                                                               
PTPA must continually be on the alert for sexual abuse by                                                                       
educators.  Alaska must be cognizant of the fact that it is viewed                                                              
as quite remote but it has effective ways to deal with the problem.                                                             
A national network has been created; that network registers                                                                     
educators who have been disciplined. Those records can be checked                                                               
when teachers apply for positions in Alaska, however not all states                                                             
report.  She fears that offenders from states that do not                                                                       
participate in the registry look to Alaska as the farthest place                                                                
they can go where their reputations will not follow them.  She                                                                  
repeated that PTPC has been very careful in that regard.                                                                        
                                                                                                                                
MS. GREEN referred to the sponsor statement and reviewed the new                                                                
provisions contained in HB 85.  First, a new section includes a                                                                 
compilation of the grounds for denial of application.  The PTPC                                                                 
currently recommends application denials to the certification                                                                   
office in the Department of Education (DOE) but the reasons for                                                                 
denial are not contained in statute.  Second, the bill allows                                                                   
reciprocal discipline of an educator who was disciplined in another                                                             
jurisdiction.  At present, if another state has revoked a license                                                               
from a teacher who is also licensed in Alaska, Alaska must hold a                                                               
due process hearing before it can revoke the license.                                                                           
                                                                                                                                
SENATOR ELTON questioned how many teachers have licenses in                                                                     
multiple states.                                                                                                                
                                                                                                                                
MS. GREEN said many.  She noted that Alaska has about 8,000                                                                     
teachers in the State but it has jurisdiction over 25,000                                                                       
certificates.  She pointed out that two teachers with Alaska                                                                    
teaching certificates had their licenses revoked by the State of                                                                
Florida after which the PTPC revoked the Alaska licenses.                                                                       
                                                                                                                                
MS. GREEN explained that the bill expands the waiting period for                                                                
license reinstatement from one year to five years.                                                                              
                                                                                                                                
SENATOR WILKEN asked how that compares to the rest of the nation.                                                               
                                                                                                                                
MS. GREEN replied that some states can revoke a license for life,                                                               
Alaska cannot.  She said five years is average.                                                                                 
                                                                                                                                
SENATOR WILKEN asked how the phrase, "resided out of state" on page                                                             
2, line  23, is defined.                                                                                                        
                                                                                                                                
MS. GREEN explained that a teacher does not have to apply for a                                                                 
renewal unless that teacher's license has expired, regardless of                                                                
whether the teacher is residing in state or not. A renewal                                                                      
application will require a criminal history check and applies when                                                              
a teacher has not been residing in Alaska and requests a renewal.                                                               
Alaska will have no record of what that teacher has been doing                                                                  
while residing out-of-state.                                                                                                    
                                                                                                                                
SENATOR ELTON asked what the PTPC currently does when a person                                                                  
applies for reinstatement after one year of being disciplined.                                                                  
                                                                                                                                
MS. GREEN said the PTPC reviews the entire record and any material                                                              
presented by the applicant.                                                                                                     
                                                                                                                                
SENATOR ELTON asked if a small community was comfortable rehiring                                                               
a teacher who was disciplined after one year whether the new                                                                    
provision would prevent the community from doing so.                                                                            
                                                                                                                                
MS. GREEN said that is correct but added that licenses are not                                                                  
revoked unless the offense is very serious.                                                                                     
                                                                                                                                
MS. GREEN continued to explain the new provisions in HB 85.  A                                                                  
misrepresentation of a material fact on an employment application                                                               
can be considered as a ground for discipline.  Currently, the PTPC                                                              
can only consider that as a ground for discipline if the                                                                        
misrepresentation is made on the certification application, not on                                                              
applications for employment with school districts.   Such an                                                                    
offense would not result in license revocation.  In addition, HB 85                                                             
allows PTPC to put conditions on a teaching license.  PTPC has                                                                  
taken that liberty already but the Department of Law advised that                                                               
authorizing language be put in statute.                                                                                         
                                                                                                                                
The next provision gives the PTPC the authority to impose civil                                                                 
fines against teachers who are regulated by state law but do not                                                                
hold licenses.  That group includes teachers in higher education,                                                               
private school educators, unlicensed administrators, and others.                                                                
Although that group falls under the jurisdiction of the PTPC, the                                                               
PTPC has no way to discipline that group.                                                                                       
                                                                                                                                
SENATOR ELTON asked what kind of authority the PTPC exercises over                                                              
private school educators and why some administrators do not have to                                                             
be licensed.                                                                                                                    
                                                                                                                                
MS. GREEN said most administrators do have to be licensed, but                                                                  
legislation has been proposed that would allow superintendents to                                                               
be unlicensed.  She noted some personnel directors are not licensed                                                             
teachers.  Most private school educators have certificates but some                                                             
do not.  Most private school contracts require those educators to                                                               
obey the code of ethics which falls under the jurisdiction of PTPC.                                                             
                                                                                                                                
SENATOR ELTON asked if the PTPC only has jurisdiction over those                                                                
educators who have signed contracts that refer to the code of                                                                   
ethics.                                                                                                                         
                                                                                                                                
MS. GREEN said that is correct and, as far as she knows, the PTPC                                                               
has no jurisdiction if the contract does not mention the code.                                                                  
                                                                                                                                
SENATOR ELTON asked if the PTPC gets a fee from private schools for                                                             
doing that kind of work.                                                                                                        
                                                                                                                                
MS. GREEN said it does not get a fee.                                                                                           
                                                                                                                                
MS. GREEN indicated the next new provision would preclude a person,                                                             
whose license is suspended or revoked from employment as a member                                                               
of the teaching profession, even if the position does not require                                                               
a license.  She explained that PTPC had a case against a                                                                        
superintendent at Adak for gross fiscal mismanagement. PTPC's only                                                              
jurisdiction was over the superintendent's certificate, which it                                                                
revoked.  The superintendent was then hired at Chevak as an                                                                     
uncertificated, paid consultant.  After rigorous objection, the                                                                 
district backed down because, under those circumstances, a                                                                      
certificate would have had no meaning.  This provision does not                                                                 
allow a person to be reemployed as an educator immediately after                                                                
his license has been revoked.                                                                                                   
                                                                                                                                
SENATOR ELTON asked if this provision would give the PTPC the                                                                   
authority to prevent a school district from hiring a teacher with                                                               
a revoked license as a lobbyist.                                                                                                
                                                                                                                                
MS. GREEN said she was not sure how far that provision would                                                                    
extend, but the intent was to prevent the teacher from working in                                                               
the central office as a consultant.                                                                                             
                                                                                                                                
SENATOR ELTON expressed concern that, by extending PTPC's authority                                                             
to preclude employment by contract, PTPC is setting up two classes                                                              
because a person whose license was revoked in another state would                                                               
not be precluded from taking that job.  He expressed interest in                                                                
continuing the dialog on how far PTPC's authorities extend over                                                                 
contract employees at another time.                                                                                             
                                                                                                                                
MS. GREEN agreed to discuss that question with the Department of                                                                
Law and expressed concern that the PTPC does not want to hamstring                                                              
villages from hiring for the services they need.                                                                                
                                                                                                                                
SENATOR ELTON pointed out he believes a school district would be                                                                
foolish to hire a person whose license was revoked but he does not                                                              
want to create a two class system.                                                                                              
                                                                                                                                
MS. GREEN added that licenses are revoked in very severe cases                                                                  
only.  For other cases, licenses are suspended or conditions are                                                                
applied.                                                                                                                        
                                                                                                                                
SENATOR WILKEN asked Ms. Green to respond to Senator Elton's                                                                    
concern when the bill is scheduled for another hearing.                                                                         
                                                                                                                                
MS. GREEN explained that a provision was included to protect the                                                                
confidentiality of minors and of investigatory files.  Although                                                                 
initials are used to protect confidentiality, initials are                                                                      
recognizable in smaller villages therefore a different notation                                                                 
needs to be used.  PTPC does not share any information from its                                                                 
files from cases in which the charges were not proven or found to                                                               
be frivolous, to prevent a person's reputation from being ruined.                                                               
                                                                                                                                
SENATOR ELTON asked whether an investigatory file is considered an                                                              
open file once the PTPC has decided to revoke a license.                                                                        
                                                                                                                                
MS. GREEN replied that only evidence which the PTPC provides at the                                                             
hearing.                                                                                                                        
                                                                                                                                
SENATOR ELTON asked if only that information used to make the                                                                   
decision is available.                                                                                                          
                                                                                                                                
MS. GREEN said yes and noted that hearings are public so that                                                                   
information would be available at the hearing.                                                                                  
                                                                                                                                
The last new provision allows immunity from liability for persons                                                               
who participate in good faith in investigations and proceedings of                                                              
the PTPC.                                                                                                                       
                                                                                                                                
MS. GREEN noted the PTPC would like to change its name to the                                                                   
Educator Ethics Commission which clarifies the Commission's                                                                     
mission.  In law, her position is referred to as "executive                                                                     
secretary."  She has adopted the title of "executive director."                                                                 
She asked that the title be changed in statute.                                                                                 
                                                                                                                                
Number 785                                                                                                                      
                                                                                                                                
SENATOR WILKEN asked whether the entire Commission supports HB 85.                                                              
                                                                                                                                
MS. GREEN said yes and that members went through the legislation                                                                
line-by-line.                                                                                                                   
                                                                                                                                
SENATOR WILKEN asked about the Department of Education's position.                                                              
                                                                                                                                
BETH LAPE, Special Assistant, Department of Education, stated that                                                              
DOE supports the legislation.                                                                                                   
                                                                                                                                
MS. GREEN clarified that she and her assistant attorney general                                                                 
instigated this legislation.                                                                                                    
                                                                                                                                
There being no further business to come before the committee,                                                                   
SENATOR WILKEN adjourned the meeting at 3:04 p.m.                                                                               

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