MINUTES OF THE
SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES
Sixty-seventh Session
May 5, 1993
The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:12 p.m., on Wednesday, May 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
GUEST LEGISLATORS PRESENT:
Assemblyman Wendell P. Williams, District 6, Clark County
STAFF MEMBERS PRESENT:
Pepper Sturm, Research Analyst
Susan Henson, Committee Secretary
OTHERS PRESENT:
Christopher H. Exline, Chair, Geography Department, University of Nevada, Reno
Keith Lee, Representing the National Consortium for Academics in Sports, Based at the University of Nevada, Reno
Shelley Berkley, Chairman, Legislative Liaison Committee to the Board of Regents
Robert E. Dickens, Director, Government Relations and Economic Development, University of Nevada, Reno
Harry E. Neel, Jr., Vice President, Finance and Administration, University of Nevada, Las Vegas
Henry Etchemendy, Lobbyist, Nevada Association of School Boards (NASB)
Lindsey Jydstrup, Lobbyist, Nevada State Education Association (NSEA)
Chairman Rawson opened the hearing on Assembly Bill (A.B.) 402.
ASSEMBLY BILL 402: Requires university student who participates as member of varsity athletic team to make satisfactory progress toward obtaining degree. (BDR 34-1869)
Assemblyman Wendell P. Williams, District 6, Clark County, testified that A.B. 402 came from the Assembly Committee on Education, and deals with athletics at the university systems in Nevada. The committee found in many cases university student athletes were majoring in eligibility, taking classes only to remain eligible, without moving toward any type of graduation track. In addition, the committee found clustering, student athletes clustering in one particular professor's class. Currently, students eligible at the beginning of the year are eligible throughout the year, even though the student may end the first semester with all failing grades. Assemblyman Williams emphasized this is not in the best interest of the student, the university system, or the reputation of athletics in Nevada.
Assemblyman Williams pointed out this particular piece of legislation was supported by the up-and-coming new president of the National Collegiate Athletic Association (NCAA), Dr. Crowley, of the University of Nevada, Reno. Dr. Crowley has taken a stand in support of A.B. 402, stating this will show a movement toward graduating students and reidentifying the term "student athlete," placing young people in the frame of mind of being students first, and athletes second. It also helps morale on the campus, not only for student athletes, but for other students as well who become frustrated by what appears to be an advantage for a few students, when in realty, it is a disadvantage.
Assemblyman Williams testified A.B. 402 has been heard twice, as well as in Las Vegas, and there has been no opposition. Chairman Rawson questioned if the bill would have any fiscal impact, to which Assemblyman Williams replied, "no."
Assemblyman Williams stated the committee looked at graduation rates for student athletes and found Nevada to be low. However, graduation rates are not a true indicator as to a student's progress toward a degree. Assemblyman Williams asserted it is a disservice to students who participate in sports 4 or 5 years and are not close to obtaining a degree. He stressed there are few athletes who go into professional sports. Assemblyman Williams maintained this bill encourages the academic side of university life.
Senator Townsend questioned if the Board of Regents would be the entity defining the word "satisfactory" as used in the bill. Assemblyman Williams responded that the NCAA, and the university systems, have already put a formula in place, to be discussed in further detail by Dr. Chris Exline.
Christopher H. Exline, Chair, Geography Department, University of Nevada, Reno (UNR), spoke in support of A.B. 402. He showed the committee a large packet of rule books the Board of Regents must deal with at both the Reno and Las Vegas universities, which emphasizes that this is a very regulated area. In addition, there were 160 proposed rule changes this year.
Senator Glomb asked if the rule books establish any guidelines requiring athletes to maintain a certain legitimate standing. Dr. Exline stated commencing in the fall of 1992, under NCAA rules, the freshman class must meet a specific percentile of courses toward a degree, and they must meet the guidelines after the 3rd, 4th and 5th year, in order to be eligible. Prior to this rule, the NCAA general rule was that the student athlete had to maintain "satisfactory progress toward a degree," which was loosely interpreted. Now, the guidelines are more strictly interpreted, the regulations are more stringent, and both campuses are monitoring student progress.
Senator O'Donnell indicated he wanted to establish legislative intent, referred Dr. Exline to subsection 2(a), line 11 of the bill, and questioned the word "reasonable period." Dr. Exline explained that the time period is mandated. Within 1 year a student must complete 24 academic credits toward a degree, 18 of which must come during the fall and spring semesters. The student athlete must be enrolled as a full-time student in 12 credits per semester, and if the student fails a 3 credit class, it must be made up during either the spring or summer session.
Senator Coffin asked if correspondence courses, or video conferences will be allowed, citing the J. R. Rider case. Dr. Exline explained NCAA regulations allow for a student athlete to take correspondence or extension courses only from the main institution in which he or she is enrolled. If the University of Nevada, Las Vegas (UNLV), for example in the J. R. Rider case, counted those credits toward a degree, it would be permissible under NCAA guidelines.
Senator Coffin asked what UNR and UNLV plan to allow, in other words, will these institutions allow student athletes to take correspondence courses? Dr. Exline noted if the courses are offered by UNR or UNLV, the student can take them. However, if the courses are offered by another institution, the student cannot take them for credit. The individuals who monitor the student's progress must certify that the correspondence class will count toward the degree.
Senator Coffin remarked in the J. R. Rider case the student never met the instructor, and wondered if the new regulations would require face-to-face contact with the teacher of the correspondence course. Dr. Exline explained UNR, UNLV and NCAA guidelines state that whatever is available to any student must be offered to a student athlete.
Chairman Rawson declared the problem seems to be that there is no way to verify who is actually doing the work in a correspondence course.
Keith Lee, representing the National Consortium for Academics in Sports (NCAS), based at the University of Nevada, Reno, reiterated the average career in professional sports is less than 4 years, and the average age upon disengagement from professional sports for most athletes is less than 27 years old. He emphasized the importance of A.B. 402 to the universities. Mr. Lee pointed out there are 103 institutional members of NCAS, with over 4,000 student athletes who have returned to the programs on various campuses to finish their education through the consortium members. UNR is the western regional office for NCAS.
Mr. Lee briefly outlined the basic criteria for membership in NCAS. The institutions involved in this consortium agree to bring back, or to continue, the education of their student athletes with regard to tuition and fees only, in exchange for that student athlete performing in a community service project on behalf of that institution. This program not only benefits the institution and the student athlete, but also the local communities, especially the young kids and youth in that community. In the past 8 years, there have over 2.2 million young people addressing the issues of drug and alcohol, balance of athletics and academics, teenage pregnancy, gang violence, and other issues important to growing youth. Some specific programs on a national scale are the national student athlete day, which recognizes coaches, athletes, students and those who have done a good job in enhancing the experience of student athletes on all levels, and project teamwork, which is a race and ethnic sensitivity program, utilizing athletes and athletics as a model for all to learn respect for each other. Recently, UNLV set up "The College Student Athlete Project." NCAS assisted over 30 universities around the country to look at themselves in hopes of bettering the experience of their student athletes on campus.
Mr. Lee mentioned the local NCAS program at UNR, in less than 1 year, has graduated seven student athletes. These student athletes might not have finished without the program.
Mr. Lee spoke in support of A.B. 402, and maintained that the balance of academics and athletics can work, but stressed it is difficult to make that balance operate smoothly without strong support systems, such as A.B. 402. It is important to have a solid academic advisement department, or program specifically set up for student athletes. Big-time sports create a pressure to win situation and that is why it is important the student athletes have an opportunity for success in the classroom. There is very little chance of doing that without a strong support system, which includes tracking the student athlete's progress, and monitoring the recruiting practices of that institution.
Mr. Lee explained NCAS, within their academic support system, monitors each student athlete's courses. An evaluation form is sent to the student athlete's instructor to see if they have been attending classes, how they are doing in the classes, and if there is anything NCAS can do to assist them. This monitoring includes correspondence courses.
Senator O'Donnell acknowledged the pressures upon the student athletes to perform, and additionally the financial interest for the universities, which exacerbates the problems. In his opinion, A.B. 402 would set down guidelines and at least establish a threshold for the student athlete to adhere to before he would be allowed to play sports.
Mr. Lee stressed A.B. 402 places responsibility on the institutions to track the student athletes, and sets up guidelines for making progress toward graduation.
Senator Neal expressed concern that the bill puts the burden on the athlete. The senator referred to subsection 1 of the bill, "The board of regents shall require each student who participates as a member of a varsity athletic team . . . to make satisfactory progress . . . ." The bill does not address what assistance the university should offer to those athletes. Senator Neal suggested if a student participates in a sport, which makes money for the university, the university should be required to tutor those students.
Dr. Exline emphasized the NCAA legislation is in place, and the student athlete now must make progress toward a degree during the 3rd, 4th and 5th year in order to remain eligible. It is incumbent on the coaches and the athletic programs to make sure support services are available to accomplish that goal. It is important to track not only how many student athletes are graduating, but also their fields of study. Dr. Exline emphasized this bill will help monitor the student athletes, and in addition support the regulations by which the universities must abide. He felt the standards in Nevada schools are higher than NCAA standards.
Senator Neal reiterated the institutions have not come forth in dealing with the problem of providing the student athlete with tutors. The senator declared the bill does not provide anything of substance in terms of educating the student athlete when they are on the road and out of the classroom.
Senator Coffin drew attention to the fact that the universities do provide tutoring. However, the system can fail as evidenced in the J. R. Rider incident. When taking correspondence courses, there are no checks to insure the student is the one doing the work and taking the tests. He questioned if Assemblyman Williams would entertain language to strengthen the bill in this regard.
Assemblyman Williams acknowledged that revenue producing sports are the sports which create the problems. In the past, and currently, if a student was eligible at the beginning of the school year, he was eligible throughout the year. In many cases, such as the University of New Mexico, seven of their starters at the beginning of the second semester had less than a 1.1 grade point average, and two of the starting players had failed all classes, but they were eligible throughout the year.
Assemblyman Williams commented the universities realize how much money is being made from the student athletes. Since players could actually major in eligibility, and as long as they were eligible to play and the schools were making money, no one really cared. Assemblyman Williams stressed recruiting is very competitive. When a university finds a talented athlete, they know that athlete is going to bring a lot of money into the school. A.B. 402, and the NCAA guidelines, will require students to progress toward a degree. This bill places the responsibility on the university to make sure the student is going to class and taking the kinds of classes needed and thus insures the student is not being exploited. In order for the university to make money off the student, the university has to take whatever means they can muster, whether that includes full-time tutoring or not, to make sure the student stays eligible under the auspices of this bill. No longer can they ignore the student. If they expect to make the big bucks they must put focus on the student being in class and passing their classes.
Chairman Rawson remarked that Senator Neal's comments are well taken, but in his opinion, this bill facilitates his concerns. The responsibility is placed on the university. Assemblyman Williams stressed should the university recruit the top athlete in the nation, and not take responsibility to make sure the student is moving toward graduation, the university could lose the services of that athlete, which would ultimately affect revenues. Assemblyman Williams agreed the university would focus on the high revenue producing sports, rather than tennis, etc.
Senator Neal restated his concern with the fact that the basketball student athlete is removed from class time due to extensive traveling requirements during the season. He stressed the educational progress of the student athlete cannot be equated with the student who goes to class every day, and insisted the university must provide tutors for the student athletes.
Senator O'Donnell remarked it appears the dollars are driving the academics. If the university has a tennis player who is not making enough money for the university, and the basketball team is making money, the money for the tutor will go to the basketball team, and the exploitation of the tennis player will continue. Students are required to travel, whether it be for tennis, swimming, soccer, or basketball. The universities must back up the requirement for academics, as well as for travel, if both are going to be required.
Assemblyman Williams agreed the dollars have been driving the resources and they also drive the priority of where those resources go. A.B. 402 addresses all athletes. Under this bill, the universities would have the obligation to make sure the students have the support they need to move toward graduation.
Senator Townsend commented that Georgetown, Duke and Cal, all well known academically, and with good athletic programs in place, manage to get individuals through their programs. The senator voiced his support of the bill and suggested it be made stronger. Student athletes are students first. It is the university's responsibility to give the students the tools they can use the rest of their lives.
Mr. Lee emphasized A.B. 402 accomplishes that purpose. He briefly discussed Proposition 48 which addresses freshman eligibility. If the students do not meet certain board requirements, they are not eligible to play as a freshman in college. Proposition 48 is going to be strengthened by 1995 and puts the pressure back on the high school and secondary schools.
Mr. Lee pointed out the Department of Education estimates 25 to 30 percent of high school football and basketball players in this country are functionally illiterate. Yet, 25 percent of the football and basketball players still get recruited to major colleges. Only 10 percent of all athletic scholarships in this country go to black athletes. The black athletes are the most exploited athletes on campuses.
Assemblyman Williams remarked that Proposition 48 deals with the entry of athletes in school. A.B. 402 is concerned with what happens to the student once they get into school. The point is not to keep the kids from getting into college, but to get them in and provide support systems. Assemblyman Williams suggested Proposition 48 will be a detriment to black athletes and keep them from getting into college. In his opinion, the idea is to send a message to the universities that if they want the athletes to play and make millions of dollars, it becomes their responsibility to provide the support system so the students remain eligible and move toward graduation.
Senator Glomb stressed the main focus in college is to educate, not to recruit stars for professional teams. She questioned why the bill does not have a clause that would mandate a certain percentage of the gate be put back into education.
Assemblyman Williams felt that type of legislation should be directed toward the regents, and specifically how they spend money made from athletics.
Shelley Berkley, Chairman, Legislative Liaison Committee to the Board of Regents, stated the board is in favor of A.B. 402. She pointed out that much of the legislation this session appears to be a reaction to the Board of Regent's inaction. A.B. 402 is a good piece of legislation because it is forcing the Board of Regents to focus on an issue that has been a problem for a number of years.
Ms. Berkley mentioned the presidential task force report on the college student athlete at UNLV. This report concentrates on a lot of the questions being posed at this hearing. She maintained the universities do in fact provide tutors for student athletes, but admitted there is room for improvement. Athletes have been recruited in the past that may not have been able to do college level work, and it is incumbent upon an institution to give the athletes the ability to do the work. The task force report mandates that the universities recruit only those students who can do university level work, a good first step in addressing the concerns posed today.
Ms. Berkley said some of the athletes are not coming to the universities with an equal playing field academically, because they are from deprived backgrounds. If the universities recruit these students, they have an obligation to make sure the students are mainstreamed, and the most important mission will be to educate these students so they can go out after graduation and be productive members of our society.
Ms. Berkley stated she would like to provide the committee with the task force report, as well as the synopsis which points out the different areas the board will be concentrating on, which will be presented to the Board of Regents in a couple of weeks. There are a number of regents who feel this is a major priority, and the board as a whole is anxious to work in partnership with the legislature.
Senator Neal questioned what standards would be set up to show the student is making satisfactory progress. Ms. Berkley stated she was not prepared to answer that question, but would make a careful review and get back to the senator in a couple of days.
Ms. Berkley questioned how the universities can expect young students from deprived backgrounds to do extraordinary work, and still play basketball 7 days a week without providing them with the necessary help. She pointed out the regents are very committed to provide the support, and in fact already provide some support; however, they recognize the need to do it better.
Robert E. Dickens, Director, Government Relations and Economic Development, University of Nevada, Reno, testified that academic progress toward a degree consists of the following, a student athlete has to major in a baccalaureate granting program at the universities (an NCAA rule which the universities subscribe to at this time), and they have 5 years eligibility. By the 3rd year of eligibility the student must have completed 25 percent of the credit hours toward the completion of a baccalaureate degree, 4th year of eligibility it rises to 50 percent, 5th year of eligibility it rises to 75 percent. That requirement, together with the general education requirements the students face as freshmen and sophomores, in most cases assures that the student will have had all the opportunities to take the hours necessary to complete a baccalaureate degree. The system has been extensively tightened up in the past 12 months.
Senator Coffin asked Ms. Berkley if the board intends to have some visible means of verification that a student is in fact the person who has taken a correspondence course.
Ms. Berkley suggested the board would take a look at the way correspondence courses are handled, but felt that issue should not be a part of the legislation before the committee today. Senator Coffin asked Ms. Berkley to provide him with the number of students who take correspondence courses, how many of them are on athletic scholarships, and the body who hires and supervises the tutors. (Chairman Rawson remarked that when the requested information is received from Ms. Berkley it will be made part of the permanent record as Exhibit C.)
Ms. Berkley said the task force report makes recommendations that the advising and tutorial work would come under the Dean of Student Services, who administers those type of programs for students at large on campus. Mr. Dickens stated the pattern historically has been to have the academic advising function within intercollegiate athletics. The trend is moving away from that to put the advisement where student advisement properly belongs.
Harry E. Neel, Jr., Vice President, Finance and Administration, University of Nevada, Las Vegas, addressed Senator Coffin's concerns. He stated for approximately the past 2 years all of the advising has been under the vice president for student affairs. Some of the dollars paying for the tutors comes from the athletic budget. Mr. Neel pointed out Vice President Robert Akerman is the Director of Human Services.
Senator Coffin asked how many students for which each tutor is responsible. Senator Glomb also requested Ms. Berkley find out how many student athletes are being tutored versus the student body at large.
Chairman Rawson closed the hearing on A.B. 402 and opened the hearing on A.B. 370.
ASSEMBLY BILL 370: Expands prohibition against assaulting and threatening pupils and teachers to include other school employees. (BDR 34-236)
Henry Etchemendy, Lobbyist, Nevada Association of School Boards, testified A.B. 370 was requested jointly by the school boards association and the superintendent's association. Current law makes it unlawful to use indecent language, to threaten or assault any pupil or teacher within the building, or on the grounds of a pupil school. By definition, the school grounds extend a distance of 50 yards in all directions from school buildings.
Mr. Etchemendy outlined the proposed changes, commencing at lines 9 and 10, page 1 of the bill, which extends the protection against assault to pupils and all school employees, not just students and teachers. Secondly, lines 12 and 13, page 1, extends this protection if it occurs in a van, school bus or other motor vehicle, whether that vehicle is owned, leased or chartered by a school district, and used for transportation of students. Lines 14 and 15, page 1 of the bill also provides that such assaults are unlawful, not only on the grounds or in the school building, but also at any location where a pupil or school employee is involved in a school activity. Lines 5 and 6 of the bill deletes the antiquated definition of school grounds because 50 yards in all directions no longer defines the school grounds, with some campuses as large as 40 acres. When the bill was heard on the assembly side, it was supported by all the educational interests. Mr. Etchemendy stated Dr. Betts, representing the Nevada Rural School District Alliance, left the hearing early but indicated his support of the bill. Mr. Etchemendy pointed out there was no opposition to this bill when heard in the assembly and he urged committee approval of A.B. 370.
Chairman closed the hearing on A.B. 370.
SENATOR GLOMB MOVED TO DO PASS A.B. 370.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL, COFFIN AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson presented Bill Draft Request (BDR) 40-942.
BDR 40-942:Eliminates exception for contracts entered into by hospitals from requirement that certain financial information filed with department of human resources be available to public.
SENATOR NEAL MOVED TO INTRODUCE BDR 40-942.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL, COFFIN AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson opened the work session on Senate Bill (S.B.) 313.
SENATE BILL 313: Provides for binding arbitration for suspension or revocation of licenses of certain educational personnel by state board of education. (BDR 34-763)
Chairman Rawson noted at the previous meeting, the committee reviewed concepts for a proposed amendment agreed upon by the Nevada State Education Association (NSEA) and the Superintendent of Public Instruction. The amendment makes the arbitrator's decision a recommendation to the State Board of Education rather than a determination in the matter. The final decision would be made by the board of education. Attachment A, beginning on page 3 of this document (Exhibit D) describes the specific changes to the bill. Henry Etchemendy, representing NASB, objected to limiting arbitration to members of the American Arbitration Association (AAA) and suggested selection of an AAA member be one option available to both parties, and that the existing system of hearing officers be utilized. Mr. Etchemendy's proposed amendment is attachment B on page 5 (Exhibit D). The chairman referred the committee to page 3 (Exhibit D), which was an opinion letter prepared by James W. Penrose, Esq., attorney for NSEA.
Lindsey Jydstrup, NSEA, explained due to the complexity of the issue, she contacted NSEA's attorney and requested he review the bill and the proposed changes. It was NSEA goal to have the hearing held first before an AAA arbitrator, then proceed to the state board for final dispensation, with an avenue of judicial review. An amendment was drafted to accomplish NSEA's goals.
A discussion ensued regarding the amendment, page 4 (Exhibit D). Ms. Jydstrup pointed out currently there is no judicial review and the proposed change would allow review by the AAA arbitrator, then it would go to the state board, which would allow for an administrative review of the state board's findings.
Senator Glomb questioned if the school board and the teachers group are in agreement on the proposed amendment.
Mr. Jydstrup responded that the State Board of Education and Dr. Paslov, Superintendent of Public Instruction, reviewed the amendments and noted approval. She drew attention to the fact that Henry Etchemendy, NASB, testified they did not want an arbitrator from the AAA, and thus were not in agreement. The amendment is what the State Board of Education and NSEA would like to see happen.
Henry Etchemendy, Lobbyist, Nevada Association of School Boards (NASB), stated he had not had an opportunity to review the proposed amendments and was not able to say whether NASB would be in agreement. The main concern was that the optional methods for selecting a hearing officer be used.
Ms. Jydstrup stated NSEA feels there are two different situations. A.B. 223 deals with demotion or dismissal of a teacher.
ASSEMBLY BILL 223: Revises provisions regarding list of hearing officers maintained by state board of education. (BDR 34-770)
S.B. 313 deals with a person losing their license and their career in education and that is the reason for the AAA arbitrator, who is the best person to guaranty a fair hearing in these cases.
SENATOR NEAL MOVED TO AMEND AND DO PASS S.B. 313.
SENATOR COFFIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson brought S.B. 64 before the committee, previously passed out of the committee and the senate.
SENATE BILL 64: Redefines "surgical center for ambulatory patients" for purposes of licensure and regulation. (BDR 40-627)
A discussion ensued among the committee members regarding the deletion of the last sentence in the bill, struck by the assembly, which states, "This term does not include a surgical center that is operated by a physician, podiatrist, etc."
SENATOR TOWNSEND MOVED TO CONCUR ON S.B. 64.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS O'DONNELL AND BROWN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman Rawson brought S.B. 72 before the committee.
SENATE BILL 72: Authorizes certain additional persons to enforce laws pertaining to illegal disposal of garbage. (BDR 40-486)
The chairman pointed out this bill was changed by the assembly and it is his understanding all the parties are now in agreement. The committee agreed to table the subject for a couple of days and have Senator Coffin review the changes in the bill.
Chairman Rawson pointed out S.B. 197 is in conference committee.
There being no further business, the chairman adjourned the meeting at 3:40 p.m.
RESPECTFULLY SUBMITTED:
Susan Henson,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE:
??
Senate Committee on Human Resources and Facilities
May 5, 1993
Page 1