HB  85-TEACHERS'LICENSES, DISCIPLINE & ETHICS                                                                          
                                                                                                                                
MS. SANNA GREEN, Deputy Director, Professional Teaching Practices                                                               
Commission (PTPC), said the purpose of the bill is essentially to                                                               
consolidate statutes in a single place and add some new provisions.                                                             
In order to make things consistent, the word "certification" has                                                                
been changed to "license."                                                                                                      
                                                                                                                                
The rest of the bill gives the PTPC the authority to do some of the                                                             
things it has been doing in practice.  She said one of the new                                                                  
sections is a compilation of the grounds for denial of                                                                          
applications.                                                                                                                   
                                                                                                                                
The PTPC would like reciprocal discipline in Alaska for an educator                                                             
who has been disciplined in another jurisdiction.  To do that now,                                                              
the PTPC has to go through the whole hearing process.  Notification                                                             
is available through the national clearinghouse, but the PTPC has                                                               
to go through a hearing process.  This change would speed things                                                                
up.                                                                                                                             
                                                                                                                                
The PTPC would like to expand the waiting period from one to five                                                               
years for reinstatement, because one year is not sufficient.  It                                                                
wants to add that misrepresentation of a material fact on an                                                                    
employment application is grounds for discipline.  Right now the                                                                
PTPC can discipline if a fact is misrepresented on an application                                                               
for certification, but they want to include misrepresentation on an                                                             
application to a school district.                                                                                               
                                                                                                                                
The PTPC would like the authority to put conditions on teaching                                                                 
licenses.                                                                                                                       
                                                                                                                                
The PTPC wants the authority to impose a civil fine against a                                                                   
person who is regulated by state law but does not hold a license.                                                               
The main people covered by that provision would be teachers in                                                                  
higher education who are under their jurisdiction by statute but                                                                
have no license. There are hardly any disciplinary sanctions the                                                                
PTPC can impose on that group.  The PTPC would like the ability to                                                              
impose a civil fine of up to $5,000 (although that amount is                                                                    
limited in the proposed legislation).                                                                                           
                                                                                                                                
The bill also contains a provision that a person's license is                                                                   
suspended or revoked from employment as a member of the teaching                                                                
profession even if the position does not require a license.  There                                                              
is a case where it revoked the certificate of a superintendent and                                                              
then the school district wished to rehire him back in the same                                                                  
position as a noncertificated employee.                                                                                         
                                                                                                                                
It would also like to strengthen the provisions of confidentiality                                                              
of minors.                                                                                                                      
                                                                                                                                
The PTPC would like a provision to provide immunity from liability                                                              
for persons who participate in good faith in their proceedings.                                                                 
They have this now, but it is a little restrictive.                                                                             
                                                                                                                                
They would like to mandate that a person who accepts a job that                                                                 
requires a certificate and doesn't have one could be charged with                                                               
a class B misdemeanor if they don't petition to get one.  This has                                                              
happened, because the person can just say they have applied for the                                                             
certificate when they are hired for 90 days (while presumably the                                                               
Department is going through the process of getting them licensed).                                                              
                                                                                                                                
Number 1605                                                                                                                     
                                                                                                                                
SENATOR WILKEN asked if the PTPC supports the legislation                                                                       
unanimously.                                                                                                                    
                                                                                                                                
MS. GREEN replied that it does.                                                                                                 
                                                                                                                                
SENATOR WILKEN added that the Department of Education is in full                                                                
support also.                                                                                                                   
                                                                                                                                
CHAIRMAN MILLER said he thought this was a worthy piece of                                                                      
legislation, but it bothers him when state agencies do something                                                                
and then ask for the authority to do it later; this is the reverse                                                              
of the way things should be done.                                                                                               
                                                                                                                                
SENATOR KELLY moved to pass HB 85 from committee with individual                                                                
recommendations and the attached zero fiscal note.  There were no                                                               
objections and it was so ordered.