MINUTES OF THE

      ASSEMBLY COMMITTEE ON EDUCATION

 

      Sixty-seventh Session

      June 14, 1993

 

 

 

The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:35 p.m., on Monday, June 14, 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. William D. Gregory

      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)

 

GUEST LEGISLATORS PRESENT:

 

      None.

 

STAFF MEMBERS PRESENT:

 

      Marla McDade, Research Assistant

 

OTHERS PRESENT:

 

      Lindsey Jydstrup, Nevada State Education Association

      Henry Etchemendy, Nevada Association of School Boards

      Dr. Greg Betts, Rural School Districts of Nevada

      Doug Byington, Nevada Association of School Administrators

      Bob Broniecki, Clark County Classroom Teachers                     Association

 

Chairman Williams referred to the standing rules of the committee which had been discussed at the previous meeting and reminded the members all questions and comments should be made through the chair.

 

SENATE BILL 313 -Revises procedure for suspension or revocation of licenses of certain educational personnel by state board of education.

 

Lindsey Jydstrup, Nevada State Education Association, explained NSEA had requested the bill in order to revise the procedure when a teacher or other licensed employee was in jeopardy of losing his or her teaching license.  Previously, such an individual would come before the State Board of Education and a decision would be made either to suspend or revoke the license.  Mrs. Jydstrup maintained the individuals should be afforded a full and impartial hearing before an arbitrator from the American Arbitration Association (AAA).  If passed, SB 313 would offer the individuals the option of requesting a hearing before a trained, AAA arbitrator.  The arbitrator would report his recommendation and findings of the case to the State Board of Education which would make the final decision.  The decision would be subject to judicial appeal, if the licensee felt the board had not "given enough weight" to the arbitrator's recommendation.  Concluding, Mrs. Jydstrup pointed out the State Superintendent of Public Instruction supported the bill.

 

ASSEMBLY BILL 741 -     Makes various changes regarding attendance at public school of certain suspended or expelled pupils.

 

Henry Etchemendy, Nevada Association of School Boards, read verbatim from prepared testimony in support of the bill (Exhibit C).  Currently, pupils who had been suspended or expelled were able to enroll in another school district; the passage of AB 741 would remedy the situation.

 

Mr. Etchemendy pointed out lines 3 through 9 on page 1 of the bill would make it ineligible for a suspended or expelled pupil to enroll in another Nevada school district for the period of suspension or expulsion.  Referring to lines 9 through 17, should the pupil decide to enroll in a new district after the term of suspension or expulsion, the board of trustees of the school district could require the pupil to submit to an evaluation by a school psychologist to determine whether the pupil's attendance might pose a threat to the safety and welfare of other pupils and employees.  Mr. Etchemendy concluded by urging the committee to pass AB 741.

 

Dr. Greg Betts, Rural School Districts of Nevada, presented testimony in support of the bill.  Dr. Betts pointed out the bill addressed out-of-state districts for suspended and expelled pupils as well, and he urged the committee to support the bill.

 

Doug Byington, Nevada Association of School Administrators, spoke in support of AB 741.  In his opinion, the bill would allow the site administrators a better procedure by which they could control their school climate.

 

Mr. Collins asked if all districts had readily available school psychologists.  Mr. Etchemendy replied the psychologists were available per contract throughout the state.  Mr. Collins was concerned with a timely evaluation being conducted.  Mr. Etchemendy responded there was nothing in the bill which specified a time period; however, he indicated the attributes of the counselors should be relied on.

 

Mr. Collins questioned how long after a student had transferred from one school district to another before the records were received.  Mr. Byington maintained it normally took several weeks.  Mr. Collins asked what the specific offenses were for suspension or expulsion.  Dr. Betts commented there were mainly three offenses:  the distribution and/or sale of narcotics or controlled substances on the school grounds; battery resulting in bodily injury; and, possessing a dangerous weapon which is defined in the NRS.  Dr. Betts pointed out the process for expulsion for a semester included an administrative hearing and, at the option of the parents, a hearing before the board of trustees. 

 

Chairman Williams clarified a student who had been found guilty of a particular offense at school could be suspended or expelled, along with the possibility of a separate sentence from the judge, depending on the offense.

 

Debbie Cahill, Nevada State Education Association, stated for the record, NSEA was in favor of the bill.

 

Bob Broniecki, President, Clark County Classroom Teachers Association, spoke in strong support of the bill and emphasized the bill was extremely important due to the increase of student violence throughout the state.  Mr. Broniecki pointed out there were approximately 65 psychologists in Clark County who dealt with over 130 thousand students; therefore, "a timely manner" for evaluations was not always possible.

 

Chairman Williams requested committee action on SB 313.

 

      ASSEMBLYMAN SCHNEIDER MOVED TO DO PASS SB 313.

 

      ASSEMBLYMAN GREGORY SECONDED THE MOTION.

 

      THE MOTION PASSED UNANIMOUSLY.

 

Chairman Williams requested committee action on AB 741.

 

      ASSEMBLYMAN SEGERBLOM MOVED TO DO PASS AB 741.

 

      ASSEMBLYMAN CHOWNING SECONDED THE MOTION.

 

Mr. Collins emphasized since school districts had different policies, a student could be suspended or expelled in one district; however, it might not be a violation in another district.  In his opinion, a student's education could be inhibited, along with the timeliness factor of the evaluations. Therefore, Mr. Collins stated he would oppose the bill.

 

      THE MOTION PASSED WITH ASSEMBLYMAN COLLINS VOTING NO.

 

There being no further business, the meeting was adjourned at 3:59 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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