MINUTES OF THE

ASSEMBLY COMMITTEE ON EDUCATION

Sixty-seventh Session

April 5, 1993

The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:45 p.m., on Monday, April 5, 1993, in Room 330 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.

COMMITTEE MEMBERS PRESENT:

Mr. Wendell P. Williams, Chairman

Mr. Ken L. Haller, Vice Chairman

Mr. Tom Collins, Jr.

Mrs. Marcia de Braga

Mr. William D. Gregory

Mr. James W. McGaughey

Mr. Roy Neighbors

Mr. Michael A. Schneider

Mrs. Gene W. Segerblom

Ms. Sandra Tiffany

COMMITTEE MEMBERS ABSENT:

Mrs. Vonne Chowning (excused)

GUEST LEGISLATORS PRESENT:

Assemblyman Bernie Anderson, District 31

STAFF MEMBERS PRESENT:

Donald Williams, Research Analyst

OTHERS PRESENT:

Henry Etchemendy, Nevada Association of School Boards

Greg Betts, Rural School Districts

Bill Kolton, Storey County School Superintendent

Debbie Cahill, Nevada State Education Association

Bobbie Gang, Nevada Classified School Employees Association

ASSEMBLY BILL 370 - Expands prohibition against assaulting and threatening pupils and teachers to include other employees.

Henry Etchemendy, Executive Director, Nevada Association of School Boards, presented testimony in support of the bill. Mr. Etchemendy explained the bill would amend NRS 392.480 which currently prohibits a person for disturbing the peace of any public school by using abusive language on the school grounds or by threatening or assaulting any pupil or teacher within the building or grounds of the school.

Mr. Etchemendy maintained in addition to teachers and pupils, the amendment included all employees of the school districts while on school grounds. Mr. Etchemendy referred to lines 9 and 10 of the proposed new language which read, "It is unlawful for any person to threaten or assault any pupil or school employee." In lines 5 and 6, the current language defined the grounds of a public school to extend the distance of 50 yards in all directions from the school building which, in Mr. Etchemendy's opinion, was no longer appropriate. The new language deleted the 50 yard provision and defined it as, "The grounds as they exist."

Mr. Etchemendy called attention to lines 22 through 24 which inserted the standard definition of a "school employee" pursuant to NRS 391.100.

Dr. Bill Kolton, Superintendent of Schools in Storey County, presented testimony in support of AB 370. Dr. Kolton emphasized it was not sufficient to protect only the teachers and pupils; classified employees and administrators required the same protection. Dr. Kolton referred to incidents with bus drivers and custodial employees who had been verbally harassed and physically threatened. The bill would extend the provision to any employee working or engaged in school business away from the school grounds. Dr. Kolton concluded by urging the committee to pass AB 370.

Dr. Greg Betts, Nevada Rural School Districts, presented testimony in support of the bill. Dr. Betts indicated due to the numerous problems facing society, all school employees, regardless of their position, needed the expanding protection AB 370 would provide.

Mr. Schneider remarked a constituent was concerned with how a student would be protected from a teacher who might assault him. Mr. Etchemendy responded there were other laws pertaining to such incidents as stated in lines 14 and 15 of the proposed bill which read, "Except under circumstances described in paragraph (c) of subsection 2 of NRS 200.471 or NRS 200.571..." Mr. Etchemendy pointed out there were other statutes addressing physical assaults by one person upon another person.

Mr. Etchemendy justified he had inadvertently overlooked one amendment to AB 370 appearing on lines 12 and 13 which read, "At a location where the pupil or school employee is involved in an activity sponsored by a public school." Mr. Etchemendy clarified the amendment would cover activities which occurred on property which did not belong to the school, along with areas where bus drivers were required to drive.

Mr. McGaughey asked who was threatening the bus drivers and custodial help and what types of threats were being made. Dr. Kolton replied many times parents had been making the threats. Mr. McGaughey was concerned the bill presumed the incidents were occurring by individuals outside the school district and there was the possibility such incidents might involve students, faculty, and employees, who were on the school grounds. Dr. Kolton responded Storey County had policies and regulations which pertained to employee-to-employee relationships or student-to-teacher relationships. Mr. McGaughey suggested adding language to determine such incidents. Dr. Kolton agreed to adding the language.

Mrs. de Braga was concerned with line 9 of the bill regarding the language which stated, "It is unlawful for any person to threaten..." since, in her opinion, the statement was too generic. In addition, Mrs. de Braga had a problem with lines 12 and 13 and she questioned who, how, and what would constitute a threat. Dr. Kolton referred to NRS 200.571 which defined the terms "threat and assault."

Mr. McGaughey maintained lines 12 and 13 would not address bus drivers and their destinations since they were not considered an event.

Debbie Cahill, Nevada State Education Association, referred to a proposed amendment from the Education Support Employees Association (ESEA) which might address the situation Mr. McGaughey was concerned with (Exhibit C). The ESEA suggested amending section 2(a) to read, "Within the property, building, or grounds of the school" which would pertain to situations involving bus drivers for the period of time they were in transit.

Mrs. Cahill emphasized the NSEA supported the bill and urged the committee to pass AB 370.

Mr. McGaughey pointed out the amendment might need to add language which would include private bus systems since many school sporting events utilized such systems. Mrs. Cahill suggested adding language specifically addressing bus routes of the school district.

Bobbie Gang, Nevada Classified School Employees Association, testified in support of the bill and the proposed amendment.

Dr. Betts agreed with the clarifications proposed in the amendments to the bill; however, the intent was to provide protection for pupils and employees from outsiders since there were adequate internal processes which dealt with pupil-to-pupil and teacher-to-teacher incidents.

ASSEMBLYMAN COLLINS MOVED TO AMEND AND DO PASS AB 370.

ASSEMBLYMAN MCGAUGHEY SECONDED THE MOTION.

THE MOTION PASSED UNANIMOUSLY.

ASSEMBLY BILL 223 - Specifies minimum number of persons to be appointed to list of hearing officers maintained by state board of education.

Vice Chairman Haller read verbatim the proposed amendment to the bill (Exhibit D).

ASSEMBLYMAN WILLIAMS MOVED TO AMEND AND DO PASS AB 223.

ASSEMBLYMAN COLLINS SECONDED THE MOTION.

Mrs. Segerblom pointed out in the original bill the number of hearing officers requested was 25 and she asked what the amended amount would be. Mrs. Cahill replied there was no specified number and the new language read, "If the number of names on the list of qualified, trained hearing officers falls below 10, the hearing officers shall be selected..." Mrs. Cahill explained the school districts preferred to have a choice which resulted in two options: if the list of names fell below 10, they would automatically go to triple A, or if both parties agreed, a qualified lawyer could be selected. Mrs. Cahill concluded the state department had agreed to the amendments, along with all parties involved.

THE MOTION PASSED UNANIMOUSLY.

There being no further business, the meeting was adjourned at 4:16 p.m.

RESPECTFULLY SUBMITTED:

Marilyn Cole, Committee Secretary

Assembly Committee on Education

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Assembly Committee on Education

Date: April 5, 1993

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