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.