HOUSE BILL NO. 85 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. SANNA GREEN, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE DIRECTOR, PROFESSIONAL TEACHING PRACTICES COMMISSION (PTPC), DEPARTMENT OF EDUCATION, ANCHORAGE, stated that the bill would enhance the State's ability to protect students and the integrity of educators by strengthening, streamlining, and consolidating licensure and discipline provisions for members of the teaching profession. The bill incorporates direction from the Board of Education to change a teacher "certificate" to a "license". It would streamline current law by consolidating regulatory grounds for discipline into one statutory provision; allowing reciprocal action of an educator who had been disciplined in another jurisdiction, and clarifying the procedure for revoking the license of a person convicted of certain sex crimes. In addition, the bill would add misrepresentation of material facts on an employment application as grounds for discipline. TERESA WILLIAMS, (TESTIFIED VIA TELECONFERENCE), ASSISTANT ATTORNEY GENERAL, FAIR BUSINESS PRACTICES SECTION, DEPARTMENT OF LAW, provided a sectional analysis of the proposed legislation. She directed her remarks to the handout included in member's packets dealing with changes and deletions to the bill. [Copy on File]. *Section 1 - Technical conforming change. *Section 2 - New section creating statutory authority for mandatory criminal records check. *Section 3 - New section addressing the compilation base for denial. Representative J. Davies asked the statutory sights referenced in #1 & #2. Ms. Williams replied that #1 - AS 14.20.020 and that #2 is currently in existing law which would be moved to another place. Representative J. Davies asked what the Educator Ethics Commission was. Ms. Williams explained that commission previously was referred to as the Professional Teaching Practices Commission. Representative Foster questioned who paid for the "checks and balances" provided by the commission. Ms. Williams explained that teachers pay for there own criminal record check. *Section 4 - New section which makes Administrative Procedures Act (APA) applicable to review of denial. *Section 5 - Addresses clean up language. *Section 6 - Speaks to the grounds for discipline. *Section 7 - Provides for the creation of the Commission. *Section 8 - Grants an executive director for the commission. *Section 9 - Outlines the duties of the commission. *Section 10 - Speaks to the powers of the commission. *Section 11 - Addresses the applicability of the Administrative Procedure Act. *Section 12 - Allows increased or changed discipline as an option, based on hearing officers factual findings. *Section 13 - A new section on confidentiality of investigative file. *Section 14 - Technical conforming changes. *Section 15 - A new section containing penalties for teaching w/o required license and unauthorized employment in the teaching profession. *Sections 16 - 25 These sections provide conforming language changes. Representative Foster asked if there was a penalty for those person not licensed, claiming that they were and then teaching. Ms. Williams replied that person could be charged with forgery, however, there is no specific provision addressing that concern. Co-Chair Therriault questioned if there would be action taken against that individual by the school district for misrepresenting ownership of a license. Ms. Williams suggested that the school district could create a civil action suit, however, they usually would not pursue that course of action because the guilty person probably would not have any income. Additionally, they would need to prove "harm". Representative J. Davies commented that the consequence would be that the person would lose their job. JOHN CYR, PRESIDENT, NATIOANL EDUCATION ASSOCIATION (NEA- ALASKA), JUNEAU, asked Ms. Williams how many revocations there had been this year. Ms. Williams commented that there had been five or six this year. She noted that many revocations are to those people who leave their post without giving notice; also, there are the ones requested to leave for matters of sexual misconduct. Mr. Cyr stated that contrary to the opinion of the employees of PTPC, NEA-Alaska does not believe that the legislation is a clear rewrite of existing statute. NEA-Alaska does not endorse the legislation in its present form. He spoke to sections which are problematic. The first concern is on Page 7, Section 14.20.375 - Disciplinary actions. NEA- Alaska believes that if there is going to be a commission, the burden of license revocation should fall upon the commission and not the commissioner. The other concern is listed on Page 9, Section (f). Again, the playing field should be level and the commissioner should not need to be in concurrence with the teacher. He pointed out that there is conflict throughout the bill and that NEA-Alaska does not believe that it is fair. HB 85 was HELD in Committee for further consideration.