MINUTES OF THE

      ASSEMBLY COMMITTEE ON EDUCATION

 

      Sixty-seventh Session

      May 24, 1993

 

 

 

The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:37 p.m., on Monday, May 24, 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

      Mrs. Vonne Chowning

      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:

 

      None.

 

GUEST LEGISLATORS PRESENT:

 

      Senator Raymond Rawson, District 6

 

STAFF MEMBERS PRESENT:

 

      Marla McDade, Research Assistant

 

OTHERS PRESENT:

 

      Donald Klasic, University of Nevada

      Robert Ackerman, University of Nevada, Las Vegas

      Patricia Miltenberger, University of Nevada, Reno

 

SENATE BILL 314 -Renames University of Nevada System as University and Community College System of Nevada.

 

Donald Klasic, General Counsel for University of Nevada, explained approximately four years ago, the regents had formed a committee known as the Community College Faculty Relations Committee to determine serious issues affecting the community colleges.  Mr. Klasic read a quote from a report written in December of 1989 which stated, "A major finding of the committee's inquiry is the sense among community college faculty and administrators of occupying a secondary position in the University of Nevada System of not receiving the focus within the system that university issues are given.  We termed this perception the equal partnership issue and directed considerable focus to it."

 

Mr. Klasic pointed out the committee had reached the following recommendation:  alternatives for recognizing the community colleges presence in the name of the University of Nevada System should be explored.  In December of 1991, the board of regents voted to name the system the University and Community College System of Nevada.  Mr. Klasic clarified it was the consensus of all involved to change the name through the legislature since there were numerous references to the University of Nevada System.

 

Jim Richardson, Nevada Faculty Alliance, presented testimony in support of the bill and urged for its passage.

 

Chairman Williams closed the hearing on SB 314.

 

SENATE CONCURRENT RESOLUTION 11 -      Urges Board of Regents of University of Nevada System to develop and adopt alternative methods for receiving master's degree which accommodate problems facing persons who are blind or deaf or suffer from other physical or learning disabilities.

 

Senator Ray Rawson stated for disclosure he had been asked by a student to present the resolution to the Assembly, and was on leave of absence from the University System.  Senator Rawson explained SCR 11 urged the University of Nevada System to develop and adopt alternative methods for receiving a master's degree to accommodate problems which were facing students who were blind, deaf, or had other physical or learning disabilities.  The University System currently had a program which dealt with various handicaps and they tried to provide tutors to aid students in alternative programs; however, there was a limitation due to the amount of funds available.

 

Senator Rawson pointed out the resolution had been drafted due to problems encountered by a student named Allen Cyphers who had been denied access to a master's degree program for business administration at the University of Nevada, Las Vegas.  Mr. Cyphers had been involved in an automobile accident in which he received a serious head injury.  Senator Rawson indicated the injury currently causes seizures related to epilepsy which occur when Mr. Cyphers is under particular pressure.  The types of pressure which caused the seizures were tests such as a graduate record exam. 

 

Senator Rawson maintained there were various master's and doctorate degree programs throughout the country determining alternative methods of evaluating a student without subjecting him to competitive testing.  Senator Rawson commented Mr. Cyphers had been accepted to the master's program through his own perseverance and ability to do well in his course work.  If passed, the resolution would urge the University Board of Regents to address the matter so Mr. Cyphers, or students like him, would not be obstructed from obtaining their goals.

 

Ms. Tiffany asked if Mr. Cyphers had been granted any previous alternate testing methods in his classes since his accident.  Senator Rawson replied several of his teachers had allowed it; however, those who did not resulted in lower grades for Mr. Cyphers.  Senator Rawson emphasized Mr. Cyphers had a strong ability to handle higher level course work, but he was not capable of completing the testing.

 

Senator Rawson clarified Mr. Cyphers had filed a lawsuit in order to pursue his master's degree which had been funded for the amount of $115,000 by the American Epilepsy Foundation.  Unfortunately, many of the teachers attitudes had not changed relating to accommodating Mr. Cyphers.  Senator Rawson remarked Mr. Cyphers had been accepted at Berkeley, USC, and several California schools; however, the out-of-state tuition was unaffordable.

 

Dr. Bob Ackerman, Vice President of Student Services, University of Nevada, Las Vegas, stated he was responsible for providing accommodating programs for disabled students.

 

Patricia Miltenberger, Vice President of Student Services, University of Nevada, Reno, held the same position as Dr. Ackerman in northern Nevada.

 

Dr. Ackerman maintained UNLV supported the resolution and indicated the federal government required under the Rehabilitation Act of 1972, Section 504, educational institutions which received federal funds must provide accommodating services for otherwise qualified students.  Dr. Ackerman pointed out the faculty was required to attend training sessions, along with being distributed a handbook which addressed providing teaching methods to disabled students. 

 

Dr. Ackerman maintained in order for a student to claim services under the law, the student must present evidence of a disability with either a physician's statement, medical examination, or by a testing process.  Once the disability had been determined, the proper accommodations could be required.  According to Dr. Ackerman, during the current academic year, approximately 420 students qualified as disabled.  Seventy students were receiving services for temporary disabilities and 266 disabled students would be attending school in the next school year. 

 

Chairman Williams questioned if the students indicated they were disabled upon registration.  Dr. Ackerman responded the admissions process did not allow asking if an individual was disabled.  Once a student was admitted, he received material which included services for disabled students, and the schools then became aware of the disability. 

 

Mrs. Miltenberger referred to the faculty handbook (Exhibit C, on file with the LCB library).  Mrs. Miltenberger emphasized federal funds were the primary source of funding for students with disabilities; however, in order for a student to qualify for such funds, he must be an undergraduate student, first year college student, and/or economically low income.  Therefore, many students did not qualify.  Mrs. Miltenberger emphasized if the resolution passed, there would be a continued interest in disabled students who would benefit from SCR 11.

 

Mrs. Miltenberger concluded by urging the legislature to fund special education students in higher education since students in K-12 were currently funded. 

 

Dr. Ackerman pointed out UNLV did not receive federal funds for disabled students and the programs were funded through university and non-state money.  The annual cost had averaged $70,000 to $100,000.  Dr. Ackerman referred to Section 504 of the federal legislation (Exhibit D) and UNLV's faculty handbook titled, "Reasonable Accommodations (Exhibit E) and requested they become part of the record.

 

Chairman Williams closed the hearing on SCR 11 and opened the scheduled work session.

 

      ASSEMBLYMAN SEGERBLOM MOVED TO DO PASS SB 314.

 

      ASSEMBLYMAN CHOWNING SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

      * * * * * * * *

 

      ASSEMBLYMAN DE BRAGA MOVED TO ADOPT SCR 11.

 

      ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

SENATE BILL 67  -Changes grades during which examinations for achievement and proficiency must be given to pupils.

 

      ASSEMBLYMAN SEGERBLOM MOVED TO DO PASS SB 67.

 

      ASSEMBLYMAN CHOWNING SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

ASSEMBLY BILL 589 -     Requires board of regents to establish program of student teaching and practicum.

 

Mrs. Segerblom referred to line 5, regarding "a majority."  Chairman Williams clarified when the bill had been heard, Mrs. de Braga had suggested amending the language by omitting the words.

 

      ASSEMBLYMAN DE BRAGA MOVED TO AMEND AND DO PASS AB 589.

 

      ASSEMBLYMAN COLLINS SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

ASSEMBLY BILL 584 -     Requires state board of education to establish program of instruction in prevention of teenage suicide.

 

      ASSEMBLYMAN COLLINS MOVED TO INDEFINITELY POSTPONE AB 584.

 

      THE MOTION FAILED DUE TO THE LACK OF A SECOND.

 

Mrs. Chowning reminded the committee they had agreed on deleting the word "teenage" where appropriate to make the bill more encompassing. 

 

      ASSEMBLYMAN CHOWNING MOVED TO AMEND AND DO PASS AB 584.

 

Mr. Neighbors was concerned with parental notification and permission.  Chairman Williams pointed out the school districts and the Department of Education had testified parents were currently notified when suicide prevention classes were conducted, and most of the school districts in the state were already participating in such a program. 

 

      ASSEMBLYMAN HALLER SECONDED THE MOTION.

 

      THE MOTION PASSED WITH ASSEMBLYMEN COLLINS AND TIFFANY       VOTING NO.

 

ASSEMBLY BILL 192 -     Requires board of trustees of school district to establish policy relating to arrest of pupil on school grounds during school hours.

 

      ASSEMBLYMAN COLLINS MOVED TO DO PASS AB 192.

 

      ASSEMBLYMAN CHOWNING SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

SENATE BILL 218 -Authorizes school districts to enter into agreements with certain postsecondary educational institutions to assign students of such institutions to certain training positions in public schools.

 

Chairman Williams reappointed a subcommittee to the bill chaired by Mrs. Chowning and including Mr. Neighbors and Mr. Gregory.

 

 

There being no further business, the meeting was adjourned at 4:12 p.m.

 

                             RESPECTFULLY SUBMITTED:

 

 

 

                                                                         

                            Marilyn Cole, Committee Secretary

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Assembly Committee on Education

Date: 

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Assembly Committee on Education

Date:  May 24, 1993

Page:  2