MINUTES OF THE
SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES
Sixty-seventh Session
April 5, 1993
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:30 p.m., on Monday, April 5, 1993, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Raymond D. Rawson, Chairman
Senator William R. O'Donnell, Vice Chairman
Senator Randolph J. Townsend
Senator Joseph M. Neal, Jr.
Senator Bob Coffin
Senator Diana M. Glomb
Senator Lori L. Brown
STAFF MEMBERS PRESENT:
Judy Alexander, Committee Secretary
Pepper Sturm, Research Analyst
OTHERS PRESENT:
Carolyne Edwards, Lobbyist, Clark County School District
Patricia Miltenberger, Vice President for Student Services, University of Nevada, Reno
Robert Ackerman, Vice President for Student Services, University of Nevada, Las Vegas
Mary Peterson, Deputy Chief, Department of Education
Chairman Rawson called the meeting to order and advised the committee that he and Senator Glomb attended the White House Health Care Reform Briefing and Consultation, in Washington, D.C., on April 2, 1993, and stated that it was a well informed meeting . He declared, there are big, extensive almost earth shattering changes that are going to happen, that if passed, would affect the state fundamentally. He advised the committee that he will disseminate information as it becomes available.
Chairman Rawson opened the hearing on ASSEMBLY BILL (A.B.) 36.
ASSEMBLY BILL 36:Eliminates certain restrictions on sale, rental, or lease of specified property at site of Las Vegas High School.
Carolyne Edwards, Lobbyist, Clark County School District (CCSD) explained to the committee the reason for A.B. 36. The school district would take the current site of old Las Vegas High School, and use the facility for the first magnet school, to be called the Las Vegas Academy of International Studies. They are hoping to develop areas of global education for business and fine arts development. The school would be specific to fine arts and professional studies. She explained the magnificent auditorium would be of great use to the community, as well as to the school district. The statute as written, legislates that the CCSD can make decisions concerning the property, as long as it is being used as a school by the CCSD. The CCSD chose to bring a bill to the legislature, to explain what they are attempting to do, so they would stay within the good-faith ledger of the law.
The CCSD is asking to change the baseball field. Some of this space would be used as a softball field and the remaining space would be used for parking. The Las Vegas Academy of International Studies would not have football teams, baseball teams or usual sports activities, and would not need the baseball field. The CCSD would like to provide parking for the safety of the students, which would also return curbside parking to the neighbors and businesses in the area.
Chairman Rawson asked for a clarification, if this bill was needed to change the use of space for parking. Ms. Edwards responded, no, but the CCSD is asking as a courtesy, for informational purposes, for the permission of the legislature.
Senator Coffin advised, he would not want the legislature to indefinitely postpone the bill. In his opinion, this bill could provide an excellent vehicle to correct an oversight, that was made in the 1987 legislature that perhaps could help retain some open spaces downtown, in line with the master plan for the future development of the Las Vegas school.
Ms. Edwards responded to a question from Senator Coffin and explained the use of the auditorium. The performing arts would place an added need for parking spaces for the audience attending the performances. There was not adequate parking space, when the school was being used as Las Vegas High School,
Chairman Rawson asked, is there a reason it is not being called Las Vegas High School. Ms. Edwards responded, yes, because when the new school was built, the boosters, faculty and school preferred
to keep an identity when they moved to the new school.
Senator Coffin asked Chairman Rawson to hold this bill over, to put together a plan for the future.
Chairman Rawson asked, is there any possibility to begin a dialogue with the students at the new Las Vegas High School, asking them if they would like to select a new name. He advised, the students may prefer to select a new name, rather than be forced to use the old name of the Las Vegas High school.
Chairman Rawson asked Senator Coffin to chair a subcommittee on A.B. 36 and report back to the committee. He noted, that as the subcommittee looks at this issue, it might be pertinent to explore the possibilities of a name change. The charge to Senator Coffin would be to try to resolve the parking problem, in light of the historical site.
Ms. Edwards responded to a question by Senator Brown on clarification of the parking and advised that there are not enough parking spaces for the anticipated 800 students of the academy during the day. The auditorium use will be an added load.
Chairman Rawson closed the hearing on A.B. 36.
Chairman Rawson opened the hearing on SENATE CONCURRENT RESOLUTION (S.C.R.) 11:
SENATE CONCURRENT
RESOLUTION (S.C.R.) 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.
Chairman Rawson explained to the committee that this bill was drafted in response to a young man (Alan Cyphers) who was hit by a car, and left handicapped out of that situation. He first saw him on campus as a very handicapped student in the community college and observed him steadily improve in health. There were many trying times for Mr. Cyphers, but he did get through that program and went on to University of Nevada, Las Vegas (UNLV) to graduate.
When trying to get into the Masters program, because of his disabilities, he was not able to compete in the testing situations, and was not given other access. He advised, there is federal law that addresses this and there is a Nevada standard that says the state should have access for its handicapped students. He explained, if there is a student whose handicap is simply being in a wheelchair, ramps can be put in and there is handicap access. If there is a student whose disability has something to do with not being able to stand before a group and give a talk, because of their seizure disorder or because of their disability, then they do not have access, just because ramps have been put in.
Pepper Sturm, Research Analyst, read from the testimony of Gregory Grant, which was submitted over the phone (EXHIBIT C). He drew attention to the summary, of his concerns on page 7 (EXHIBIT C) and advised, it is Mr. Grant's contention that he was denied appropriate accommodations for handicapping conditions by UNLV in the pursuit of a graduate degree. That was a direct result of bringing allegations of violations of civil rights against UNLV. He was: 1. Not afforded appropriate accommodations for handicapping conditions during the administration of two comprehensive examinations. 2. Denied funding and access to university documentation required to complete a university sponsored study as to university compliance, in reference to learning-disabled students. The study was to serve as a masters thesis. 3. He was illegally and unlawfully removed from the graduate program and not afforded due process to challenge the removal within the university system.
Mr. Sturm read from Mr. Grant's personal statement which said, "Is my contention that the passage of this resolution is not only politically current and morally right, but also the knowing and intentional failure to provide appropriate accommodations for handicapping conditions by the State of Nevada, is a direct violation of Federal law."
Mr. Sturm drew attention to the exhibits attached (EXHIBIT D), articles, letters supporting the allegations, and noted on page 16 of EXHIBIT C is a letter from Dr. Judith Dettre, showing a circled hand written note.
Chairman Rawson asked Mr. Sturm, what is Mr. Grant's handicap condition. Mr. Sturm answered he is dyslexic and dysgraphic.
Chairman Rawson explained, there has been no association, in his mind, of this issue, with those issues at the university. He requested to keep this separate from the controversy at UNLV and this issue to the American Disability Act.
Patricia Miltenberger, Vice President for Student Services, University of Nevada, Reno (UNR) presented Definitions and Guidelines for Students with Disabilities (EXHIBIT E). She stated, she began in 1970 in the community colleges and observed the passage of Public Law 94-142, Education for All Handicapped Children Act of 1975, which provided for the mainstreaming and education of handicapped students in the public schools, and of section 504, of the Rehabilation Act of 1973, which began the process of providing access for handicapped students to higher education. However, there is an important distinction. She explained through federal funds, applications for federal funds, through scrapping together, through bandaide approach, they have attempted to provide the kind of support services that these young men and women need. The State of Nevada for K-12 provides an excess funding formula for special education children. It provides no such excess funding for higher education. Handicapped students, students with learning disabilities as well as physical disabilities enter the system and there is no provision in the state in the funding formula to provide the mentors, the note takers, the readers, the interpreters, the special access to computers, the adaptations that are needed for students to have books that can read, for blind students to be able to hear through tapes and a variety of the kind of support services that are necessary to assure success of these students.
She advised that they do support S.C.R. 11, but would like to make some suggestions. Since the student must voluntarily ask for assistance, there is a dilemma on the college campus identifying the student. Since passage of Public Law 94-142, Education for All Handicapped Children Act of 1975, hundreds of students who have physical and learning disabilities have been mainstreamed in the public schools. They are now beginning to see these students in higher education. She concurred with Chairman Rawson and stated, there have been students that have had difficulties. A booklet, Academic Access (EXHIBIT F), has been produced for both of the campuses, which lines out the various disabilities and approaches, that can be taken in teaching, in special testing circumstances that will provide that access. (Exhibit F. Original is on file in the Research Library.) They have had workshops for the faculty, so they are more sophisticated in working with students with disabilities. They have an appeals process, that if a student feels, that they have been denied access for some reason or that the kind of support services they are receiving are not adequate, they may file an appeal through that process. All of this has come over a period of time and not all of it always working every time for every student. However, their interest is to support the resolution, but advise the legislature that student services believes the bill should not only be directed to the University Board of Regents, but that it should also be directed to the Senate Committee on Finance and the Assembly Ways and Means Committee and that these institutions, the community colleges and the universities have an opportunity for excess funding and in fact provide the kind of mentor support services and the kind of special equipment it takes to assure success of these students.
Chairman Rawson said, "Allen Cyphers didn't fall through a crack, that crack was plugged and he was prevented time after time." He stated there has to be a way to open up access for people like him and others. There are people with good minds and a right to a decent education, that are simply being left aside. This resolution is a plea to do something about that.
Senator Neal commented that the legislature needs to redirect their focus where it is broad enough to not to leave anybody out, who is capable and willing to learn.
Chairman Rawson advised the representatives of the university that there was not a member of this panel that is satisfied to see a 2 or 3 percent decrease in higher education funding.
Robert Ackerman, Vice President for Student Services, University of Nevada, Las Vegas (UNLV) noted that they support what the legislature is doing with S.C.R. 11, because for some time those who work with disabled programs on the campuses have tried to get this issue to a public forum. He expressed, there is a concern they do not provide services to disabled, which is not the case. He noted they are enrolling 359 disabled students, which cost between $130,000 and $135,000 per year and the university funds this through variable state monies or through foundation funds or other monies they are able to accumulate.
Senator Glomb concurred with Senator Brown's comments and in her opinion, there is a value that this resolution go before the money committees. She noted, there is a need for revenue in this state that is not being documented, including education. She stated that when this information is documented, people will be more inclined to support the issues when they understand for what the money is needed.
Senator Coffin explained he had read the Reasonable Accommodations document from UNLV (EXHIBIT G), and noted it looked comprehensive. It was created in late 1991, and asked if the policy that was drawn up is being implemented. (Exhibit G. Original is on file in the Research Library.) Mr. Ackerman explained, the program that the document outlines was in place in 1989, the document was not written until somewhat later. The document explains to the faculty the institution obligations under the Americans with Disability Act (ADA) and the Rehabilitation Act of 1973, Section 504. The university student services have had training sessions for faculty, have brought in people from the offices of civil rights, and have very little difficulty with the faculty agreeing to accommodate students disabilities.
Mr. Ackerman told the committee they provided them with data on what they see as coming clientele (EXHIBIT H). This includes a head count of students in Clark and Washoe Counties. This also includes a total headcount of all currently enrolled students in public schools throughout the state of Nevada to give the legislature some sense, that there are many students that will be coming to the institution in the future. Student Services are servicing 350 students this year and already have 221 requests from incoming students, for services next year, so higher education will be well over 500 students in this program next year.
Chairman Rawson remarked that Alan Cyphers was accepted in the graduate program at UCLA or USC and was told by UNLV, why are you making this an issue. He noted that Mr. Cyphers spent $95,000 dollars, through the legal system, to accomplish what should have been accommodated. Chairman Rawson asked Ms. Miltenberger and Mr. Ackerman to please look into this from the standpoint of avoiding these kinds of things in the future.
Senator Neal asked what is the university mission as it relates to education. Ms. Miltenberger replied, some of the kinds of things in the mission statement are: very sensitive to our land grant heritage; the issue of access, access can be defined not only to the diversity that that is sought, but that an international flavor is brought to the campuses, so the students are globly competitive; that the institutions represent the diversity of the state's population; that the institutions provide distance, recognizing the rural needs of the state; that the institution be a leader in research as well as teaching; and that the institutions serve a major public service function to the people of Nevada, whether it is through the cooperative extension, through the agriculture programs in the case of UNR, urban programs in the case of UNLV, whether it is provided through the medical school or through a variety of graduate programs; that there is an emphasis in undergraduate teaching, so that this state through its universities and community colleges can be competitive in terms of economic development and the diversification of the state of Nevada's economy; that the institutions have a focus on students and student learning and that the interest of the state of Nevada through the community colleges and universities that that is a primary interest, the people of Nevada and support for the people of Nevada.
Mr. Ackerman advised the committee he had given a copy of the Federal Register, dated May 9, 1980 (EXHIBIT I) to the secretary, for the record. (Exhibit I. Original is on file in the Research Library.) He explained, this reflects the accommodations that are required of the university as part of the educational program through section 504, of the Rehabilitation Act of 1973.
Senator Coffin asked, what could be done to help ignite interest in the community, to try to raise funds for this, just as is done for athletics. Mr. Ackerman advised, one of the things the legislature can do is to have this kind of hearing. He explained, this is the first time in the six years he has been with the university, that the system has been able to get this issue in front of the legislature, in any form. Two years ago, when student services budget was submitted, there was a line item for services for disabled, that did not make it through the Governors Office.
Chairman Rawson closed the hearing on S.C.R. 11.
Chairman Rawson opened the hearing on Assembly Concurrent Resolution (A.C.R.) 17.
ASSEMBLY CONCURRENT RESOLUTION 17: Urges public schools to participate in Nevada School Improvement Project.
Mr. Sturm advised the committee, as legislative staff, he did not speak in support of or in opposition to any measure, but simply advised of the origin and intent of the legislation, as referenced in his summary (EXHIBIT J).
Chairman Rawson set the hearing aside to introduce three bill draft requests (BDRs) to the committee while a quorum was present.
BILL DRAFT REQUEST 16-1285: Transfers to department of human resources responsibility to provide counseling and medical treatment to victims of sexual assault.
SENATOR O'DONNELL MOVED TO INTRODUCE BDR 16-1285.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 54-842: Revises definition of "institutional pharmacy."
SENATOR O'DONNELL MOVED TO INTRODUCE BDR 54-842 AND REFER TO THE SENATE COMMITTEE ON COMMERCE AND LABOR.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 38-1283: Allows payment from fund for hospital care to indigent persons for hospital care rendered by hospital in another state.
SENATOR O'DONNELL MOVED TO INTRODUCE BDR 38-1283.
SENATOR GLOMB SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman Rawson stated, the committee would now return to A.C.R. 17.
Chairman Rawson handed the gavel over to Vice Chairman O'Donnell, and explained, due to his brief departure and Senator Coffin's, they would now be in subcommittee. Senator Coffin returned immediately.
Mary Peterson, Deputy Superintendent, Department of Education responded to a question by Senator Glomb that approximately 30 percent of the schools are or have participated in the school improvement project since its inception in 1986. She explained, it is a voluntary program, and there are some costs involved. In the Clark County School District (CCSD), chapter 2 funds have been used to subsidize the program. In other districts, they have used money from their General Fund to allow their teachers to participate.
Senator Glomb asked, are some of the schools not participating because of lack of funding. Ms. Peterson explained, the Department of Education requires, that a majority of the teachers on the staff sign up, after they have given a overview. Ms. Peterson advised, that is part of the problem and some of the schools are just not ready for a program like this.
Senator Brown asked, in the areas where schools are taking part in this, is it taking money away from other programs. Ms. Peterson responded no. In the CCSD they have a large chapter 2 budget. What they have elected to do in the CCSD is set aside some of that money from the chapter 2 fund, to pay the substitute, when the teacher participates in the program and to pay the rest of the cost involved in school improvement. Not all school districts have chosen to do that. In some smaller school districts, they may be able to pay for the substitutes out of their regular substitute pay. She advised the committee, this has been a very popular project and she does not know of any opposition to this.
Vice Chairman closed the hearing on A.C.R. 17.
Vice Chairman opened the hearing on Assembly Concurrent Resolution 18.
ASSEMBLY CONCURRENT RESOLUTION 18: Urges boards of trustees of county school districts to adopt daily class schedules for public elementary schools which include fixed period of uninterrupted teaching time during each school day.
Mr. Sturm explained A.C.R. 18 is from the Interim Study on Elementary and Secondary Education in Nevada (A.C.R. 85). The study was a review of the number of possible options to modify or extend the school day in the context of accommodating innovative programs or reform efforts. This measure was the result of that review. He read from his summary EXHIBIT K and reminded the committee, as legislative staff, he did not speak in support of or in opposition to any measure, but simply advised of the origin and intent of the legislation.
The committee hearing went into a subcommittee with Vice Chairman O'Donnell, Senator Neal and Senator Coffin present.
Mr. Sturm clarified a question by Senator Brown and advised presumably different classes could stagger uninterrupted time to allow the different specialty teachers to schedule their classes.
Ms. Peterson advised the committee, in her opinion, the intent is to bring it to people's awareness, to raise the level of awareness and hopefully to achieve more uninterrupted learning time.
There being no further business, Vice Chairman O'Donnell adjourned the meeting at 3:45 p.m.
RESPECTFULLY SUBMITTED:
Judy Alexander,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE:
??
Senate Committee on Human Resources and Facilities
April 5, 1993
Page 1