MINUTES OF THE
ASSEMBLY COMMITTEE ON EDUCATION
Sixty-seventh Session
June 21, 1993
The Assembly Committee on Education was called to order by Chairman Wendell P. Williams, at 3:39 p.m., on Monday, June 21, 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:
None.
STAFF MEMBERS PRESENT:
Donald Williams, Research Analyst
OTHERS PRESENT:
Debbie Cahill, Nevada State Education Association
Sandra Lawrence, Nevada State Education Association
Jim Penrose, Nevada State Education Association
Doug Byington, Nevada Association of School Administrators
Ron Nagel, Lyon County School District
ASSEMBLY BILL 761 - Specifies relationship between certain statutory and regulatory provisions regarding absences of school employees and provisions of collective bargaining agreement with school district.
Debbie Cahill, Nevada State Education Association, introduced the NSEA attorneys to explain AB 761.
Sandra Lawrence, legal counsel, Dyer & McDonald, representing the Nevada State Education Association, clarified seven of the 17 Nevada counties had negotiated provisions in their collective bargaining agreements for a sick leave bank. Mrs. Lawrence pointed out Lyon County had opposed negotiating the issue of a sick leave bank since the district withheld the position Section 6 of NRS 391.180 precluded them from providing an employee more than 15 days of sick leave. Eighty percent of the contracts were implemented on a voluntary basis, providing the parties the option of contributing a certain number of days to the sick leave bank. Mrs. Lawrence pointed out there were limitations on the number of days which might be contributed or withdrawn.
Mrs. Lawrence maintained Lyon County justified Section 6 of NRS 391.180 made it illegal to grant an employee any more than 15 days of sick leave. Mrs. Lawrence explained the proposed bill would rectify a conflict between Section 5 and Section 6 of NRS 391.180. Section 5 provided boards of trustees could, by regulation or negotiation, negotiate regarding sick leave, the accumulation of sick leave, and the payment of sick leave.
According to Mrs. Lawrence, Section 6 prohibited a district from granting more than 15 sick leave days per year. In the opinion of NSEA, Section 5 allowed the association and the district the ability to negotiate sick leave banks. The local government Employee Relations Board which oversaw NRS Chapter 288, had determined a sick leave bank was a subject of negotiation. Mrs. Lawrence maintained the addition of Section 9 to NRS 391.180 would provide any subject referred to in the section to be included in an agreement negotiated by the board of trustees of the school district pursuant to Chapter 288 of the NRS. Concluding, Mrs. Lawrence stated the provisions of the agreement regarding said subject superseded any conflicting provisions of the section or of a regulation of the board of trustees.
Jim Penrose, legal counsel, Dyer & McDonald, representing Nevada State Education Association, was present to answer any technical questions regarding AB 761.
Doug Byington, Nevada Association of School Administrators, presented testimony opposing the bill. According to Mr. Byington, sick leave and other types of leave were provided for under NRS 288.150, Section 1, Subsection 2(b) and (e).
Ron Nagel, Superintendent, Lyon County School District, spoke in opposition to the bill. Mr. Nagel indicated, upon the advise of the Lyon County District Attorney, to negotiate the item further than the 15 days granted according to statute would be illegal. Mr. Nagel emphasized the district's position was backed up by an Attorney General's opinion issued in 1972.
Mr. Nagel suggested deleting Section 9 from the bill and allowing the sections of NRS 288 and NRS 391 to stand on their own merits and not be intertwined with superseding language.
Mr. Gregory asked if certain school districts were currently allowing sick leave banks. Mr. Nagel replied, "That is my understanding." Mr. Gregory questioned how the Lyon County School District would be affected if AB 761 was passed. Mr. Nagel was concerned with the fiscal note which would occur and the possibilities of abusive employees.
Mrs. Segerblom questioned why sick leave banks were legal in other counties but not in Lyon County. Mr. Nagel justified they were not legal in other counties; however, many districts negotiated a sick leave bank on their own. Mrs. Segerblom clarified since the sick leave would be composed of donated time, there would be no additional cost.
Mr. Haller indicated for years many districts throughout the state had been giving sick leave to individuals who had an inadequate amount or were in a severe type of situation.
Mr. Schneider pointed out if the employees who volunteered their sick days were aware of someone abusing the system, they would, in a sense, be the "best police force the system could have."
Henry Etchemendy, Nevada Association of School Boards, presented testimony in opposition to the bill. In his opinion, since the bill addressed the issue of collective bargaining, Mr. Etchemendy felt the bill should be heard in the Government Affairs Committee. Mr. Etchemendy expressed concerned with the possible fiscal impact to the school districts.
Mr. Etchemendy referred to page 2, lines 28 through 31. According to Mr. Etchemendy, if a local agreement violated a provision of a state law, the agreement would supersede. Mr. Etchemendy stated he was under the impression state law prevailed and an agreement could not be enacted if it was contrary to state law. Mr. Collins pointed out several sections of the statutes stated a collective bargaining agreement could not be violated by a state law.
Chairman Williams closed the hearing on AB 761.
SENATE BILL 391 -Establishes account for tuition indemnification for students who are injured by violation of law by postsecondary educational institution or closure of institution.
Chairman Williams postponed the hearing on the bill since there were no representatives to present the bill.
ASSEMBLY BILL 695 - Requires that school buses be equipped with safety belts for use by pupils.
Carolyne Edwards, Clark County School District, explained there was a large fiscal note attached to the bill. Therefore, it would be necessary to have the bill heard in the Ways and Means Committee. Ms. Edwards referred to a handout to the committee addressing the subject (Exhibit C).
Ms. Edwards clarified the cost of each seat belt was nearly $20. By the year 1997, the cost to Clark County alone would be approximately $1 million; Washoe County's cost would be between $350,000 and $400,000.
Chairman Williams questioned the issue of safety. Ms. Edwards maintained major safety tests relating to seat belts did not indicate seat belts were a safety measure on buses and, in fact, could possibly be detrimental to students safety.
Ms. Edwards emphasized of the national school bus accidents for the past year, ten were caused by children being hit by their own school bus; ten were the result of children being hit by other vehicles as they were getting off and walking around the bus; however, no student had ever been killed on impact while on a school bus. There was a strong concern mandating seat belts on school buses could be extremely dangerous in case of a fire on the bus. Additional hazards might be caused by children tripping over the belts, hitting each other, or the possibility of accidental hangings.
Mr. Collins questioned if there were statistics relating to fires on school buses. Ms. Edwards replied she was unaware of any fires occurring; however, monthly fire drills on buses were currently conducted. According to a Canadian Crash Test study, Ms. Edwards commented more children were injured wearing seat belts in a school bus than those who did not.
There being no further business, the meeting was adjourned at 4:10 p.m.
RESPECTFULLY SUBMITTED,
Marilyn Cole, Committee Secretary
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Assembly Committee on Education
Date: June 21, 1993
Page: 1