MINUTES OF THE
ASSEMBLY COMMITTEE ON EDUCATION
Sixty-seventh Session
April 7, 1993
The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:53 p.m., on Wednesday, April 7, 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
Mrs. Vonne Chowning
Mr. Tom Collins, Jr.
Mrs. Marcia de Braga
Mr. James W. McGaughey
Mr. Roy Neighbors
Mr. Michael A. Schneider
Mrs. Gene W. Segerblom
Ms. Sandra Tiffany
COMMITTEE MEMBERS ABSENT:
Mr. Ken L. Haller (excused)
Mr. William D. Gregory (excused)
GUEST LEGISLATORS PRESENT:
Assemblyman Morse Arberry, Jr., District 7
STAFF MEMBERS PRESENT:
Donald Williams, Research Analyst
OTHERS PRESENT:
Carolyne Edwards, Clark County School District
Debbie Cahill, Nevada State Education Association
Henry Etchemendy, Nevada Association of School Boards
ASSEMBLY BILL 427 - Prohibits pupils from carrying or possessing electronic devices used for paging or communication while on school grounds.
Assemblyman Morse Arberry, Jr., District 7, read verbatim from prepared testimony in support of the bill (Exhibit C). Mr. Arberry explained the bill would prohibit students from carrying "beepers" and other electronic devices in the classroom or on school grounds. According to Mr. Arberry, 15 states had enacted laws to ban beepers.
Mr. Arberry emphasized the National School Safety Center endorsed the legislation after determining beepers were very disruptive in a school setting.
Mr. Arberry pointed out law enforcement officials throughout the country had found telephone beepers or pagers were common tools for drug dealers, gang members, prostitutes, and other criminals.
Mrs. Segerblom asked if it had become a problem for the teachers in Clark County. Mr. Arberry replied several teachers had complained but were concerned with what type of liability would be involved if the teachers were required to search the students to confiscate the beepers.
In his opinion, Mr. Schneider maintained the problem should be handled by a local ordinance or possibly making the bill a resolution. Mr. Schneider was concerned with the students on the organ donor list who were required to use pagers or students who had medical problems. Mr. Arberry indicated the purpose of the legislation was to provide the school districts with a "hammer" in order to control the beepers; however, he had no problem with amending the bill for certain instances which might require the use of a beeper. Mr. Arberry emphasized the fact there was a problem in the school districts with the use of beepers and they had no way to control the students.
Chairman Williams referred to a letter from the Virginia City Fire Department which was distributed to the committee and he read verbatim from a portion of the letter (Exhibit D). The letter suggested inserting a provision into the bill which would allow student members of local volunteer fire departments to carry pagers on school grounds. Mr. Arberry responded he had no problem with amending the bill for such purposes as long as the larger problem could be addressed since the school grounds were there for the sole purpose of education and learning.
Ms. Tiffany suggested allowing the principals to individually make exemptions for students with legitimate reasons for carrying beepers.
Mr. Neighbors recommended adding language to line 6 which read, "Unless registered with the district or the principal."
Mr. McGaughey pointed out many times a call placed to a beeper number was not received and, in his opinion, a telephone call to the office would serve the same purpose.
Mrs. de Braga emphasized her support for some type of bill addressing the problem since eventually the small cities would encounter the same problems the large cities were currently facing.
Mr. Collins suggested exempting all voluntary fire departments throughout the state, not just Virginia City. In addition, Mr. Collins expressed concern with the loss of revenue to the private corporations if they could not rent or sell the equipment in society. Mr. Arberry replied the students should be under the hands of teachers at an early age rather than the possibility of prison as a final destination for some.
Mrs. Chowning stressed AB 427 was an extremely important bill and, in her opinion, the bill was an anti-gang and anti-drug dealing bill. Mrs. Chowning emphasized she was opposed to any exemptions, including the voluntary fire department, since in the past fires had been extinguished long before pagers had been invented.
Mrs. Segerblom pointed out each classroom contained a loudspeaker over which a student could be contacted in case of an emergency. Mrs. Segerblom emphasized the bill should remain unamended and the control schools currently had should remain under the authority which was already there.
Carolyne Edwards, Clark County School District, presented testimony in full support of the bill and she pointed out the current policy of the Clark County School District, along with Washoe County, prohibited the use of such devices. Ms. Edwards suggested a slight amendment to the bill which would allow the school districts local control since the proposed language of AB 427 might be too restrictive.
Ms. Edwards indicated Mr. Arberry's testimony was factual and Clark County was working extremely hard to eliminate electronic devices in the schools. According to Ms. Edwards, beepers were the "in" thing and if students were unable to obtain a beeper, some were carrying garage door openers.
Chairman Williams suggested the addition of language to clarify the garage door openers which read, "Simulated beepers and telephones." Ms. Edwards agreed with Chairman Williams' suggestion and she emphasized it was against the rules in Clark County schools to carry any type of devices in K-12 unless there were mitigating circumstances. Ms. Edwards remarked it was the responsibility of the principal to deal with students carrying such devices.
Mrs. de Braga questioned what circumstances might allow a student to carry a beeper since emergencies could be handled through the school office. Ms. Edwards responded most principals would probably not allow students to carry such devices; however, the principals should have the right to make such a determination.
Mr. Schneider clarified there were students who were waiting for eye transplants and, in his opinion, in the larger schools sometimes there were circumstances which caused students not to receive their messages through the office.
Debbie Cahill, Nevada State Education Association, presented testimony in support of AB 427; however, she was in agreement with the proposed amendment for control to be left at the local level.
Henry Etchemendy, Nevada Association of School Boards, spoke in support of the bill with the proposed local control amendment. Mr. Etchemendy pointed out the definition of "beeper" stated, The device had to emit either an audible or vibrating signal." According to Mr. Etchemendy, the engineers of such devices might develop a different way to alert individuals carrying beepers and he suggested the definition of the device might need to be addressed.
Mr. Neighbors referred to language in line 7, "used to page," and maintained it would cover Mr. Etchemendy's concerns.
Chairman Williams appointed a subcommittee chaired by Ms. Tiffany and consisting of Mrs. Chowning and Mrs. de Braga and closed the hearing on AB 427.
ASSEMBLY BILL 191 - Requires board of regents of University of Nevada System to report to director of legislative counsel bureau concerning certain activities of police department for University of Nevada System.
Chairman Williams announced action on the bill would be taken at the next education meeting since Mr. Gregory and Mr. Haller were not present.
There being no further business, the meeting was adjourned at 4:25 p.m.
RESPECTFULLY SUBMITTED:
Marilyn Cole, Committee Secretary
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Assembly Committee on Education
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Assembly Committee on Education
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