The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 3:00 p.m., on Wednesday, February 10, 1999, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Randolph J. Townsend

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

GUEST LEGISLATORS PRESENT:

Senator William J. Raggio, Washoe County Senatorial District No. 3

STAFF MEMBERS PRESENT:

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Chairman Rawson opened the hearings with the introduction of Senate Concurrent Resolution (S.C.R.) 2, Senate Bill (S.B.) 22, and Senate Bill (S.B.) 59.

Senator William J. Raggio, Washoe County Senatorial District No. 3, testified on S.C.R. 2, S.B. 22, and S.B. 59 concurrently. Senator Raggio, Chairman of the Legislative Committee on Education, stated that during the interim the committee conducted hearings and regional workshops to review issues associated with teaching standards. Nevada has the lowest percentage of high school graduates attending universities in the nation. The committee focused on the importance of quality teachers in the classroom.

Senator Raggio asserted a number of states have taken action to assure the quality of their teachers. The Pre-Professional Skills Test (P.P.S.T.) (Exhibit C), a test of skills to determine if teachers have mastered basic skills, shows the passing rate for Nevada is at the 12^th percentile for reading and mathematics, and the 15^th percentile for writing. In states that have recently adopted high standards, he summarized, passing rates are generally set at a higher level. Research data found teacher qualifications account for more than 90 percent of the variance in students’ reading and mathematics scores. S.C.R. 2 is a resolution from the committee to raise the passing score for teacher competency.

Speaking on S.B. 22, Senator Raggio stated that section 2 concerns teacher licensing based on content knowledge. A beginning teacher may receive a preliminary license and may be required to complete additional course work prior to receiving full licensure. He pointed out sections 3 and 4 of S.B. 22 would require elementary teachers provide evidence that they have received instruction in teaching phonics and basic reading skills. Sections 5 and 8 would require the Commission on Professional Standards in Education to adopt regulations, which would establish a middle school license for teachers in schools in which core subject areas are taught by different teachers. Senator Raggio stated teachers in Grades 6 through 9 who are providing instruction for a majority of the teaching day in a single core subject must be licensed to teach that subject. Section 9 recommends the Legislature amend statutes to require annual evaluations of probationary teachers include at least 180 minutes and for post-probationary teachers at least 120 minutes of direct observation in classroom instruction. Also, Senator Raggio directed, section 9 of the bill would lengthen the probationary period for teachers to 3 years. Currently, tenure is granted after 1 to 2 years.

Senator Raggio concluded his testimony with remarks relating to S.B. 59, stating the bill would revise the appointment to, and composition of, the Commission on Professional Standards in Education. The measure would retain a nine-member commission with five members to be appointed by the Governor, and no more than three of the five may be educators. The remaining four members to be appointed by the Legislature. The majority leader of the Senate and the speaker of the Assembly would each appoint one educator and one person not an educator.

Senator Wiener requested clarification of the appointments made by the majority leader of the senate and the speaker of the assembly. Senator Raggio explained that of the appointees allotted to the Legislature, each house would appoint one educator and one non-educator. This would allow representation by parents or the business community.

Vice Chairman Washington opened testimony on S.C.R. 2, S.B. 22, and S.B. 59.

Charles (Steve) Williams, Lobbyist, Washoe County School District, testified his organization approves the licensing of middle school teachers as stated in S.B. 22. Some short-term impact will be a lack of qualified applicants, but legislation aimed toward recruitment should help attract skilled teachers.

Douglas M. Byington, Lobbyist, Nevada Association of School Administrators, stated the association supports the licensing of middle school teachers, and additional compensation of teachers in inner-city schools. He stated he is going to propose a 16-credit program for consideration by the university system toward a middle school license.

Lonnie F. Shields, Lobbyist, Washoe County Education Administrators’ Association, addressed the need for teacher evaluation. He averred, however, concerns have been raised about the requirement that every teacher to be observed every year for 120 minutes. This could limit the length of time an administrator can spend with those teachers who need extra observation and assistance.

Mr. Byington continued his testimony, pointing out section 11 of S.B. 22 as written, would require a new employee or a postprobationary teacher who is hired as an administrator to serve a probationary period of 3 years plus an additional 1-year probation if promoted to principal. This seems to be a conflict to an opinion by the attorney general (Attorney General’s Opinion 89-8 [5-10-89]). The opinion states, "Change in administrative duties or position after acquiring postprobationary status does not result in loss of that status." Mr. Byington closed his testimony by requesting caution be used when assessing extra credits necessary to obtain middle school licensure. Chairman Rawson said the committee would take steps to assure the interpretation of the bill does not conflict with the attorney general’s opinion.

Jeanine Hansen, Lobbyist, Nevada Eagle Forum, spoke in favor of S.C.R. 2, S.B. 22, and S.B. 59. She read from a publication Education Reporter (Exhibit D).

Frances Gillings, Concerned Citizen, suggested "all licenses" be substituted for "initial license" in S.C.R. 2, on page 3 lines 9 and 10. Mr. Gillings emphasized the importance of teaching children to read properly.

Lucille Lusk, Lobbyist, Nevada Concerned Citizens, voiced support for S.C.R. 2. She stated her group also supports S.B. 22, however section 7, line 42 needs to be clarified. Ms. Lusk does not believe a teacher should provide instruction in English, mathematics, science or social studies unless the teacher is licensed in those subjects. Additionally, there could be some question about the practical aspects of the annual evaluations of teachers, since classes are rarely a full hour long.

Mary Goodman, Associate Superintendent, Human Resources, Lyon County School District, said the district is in favor of S. B. 22. She expressed some concerns about the prescriptive minutes for classroom evaluation. Principals observe teachers in other elements besides the classroom, and an evaluation should not be invalidated because of a 1- or 2-minute shortage.

Henry Etchemendy, Lobbyist, Nevada Association of School Boards, commentated on S.B. 22 and S.B. 59 by stating that currently the Commission on Professional Standards in Education adopts regulations concerning licensure and the superintendent of public instruction is responsible for licensing. Some of the new language in S.B. 22 on page 2, lines 19 through 24 states a teacher shall provide evidence satisfactory to the commission. This should be through the state superintendent, not through the commission. He pointed out that page 1, lines 3 through 9 reads, "The superintendent of public instruction shall ensure that the department: (b) Determines, in accordance with the regulations adopted by the commission pursuant to subsection 3, whether the applicant must satisfy additional conditions before he is eligible to renew his initial license." Mr. Etchemendy emphasized the association believes lines 19 through 24 of page 2 should be deleted. Page 2, line 12 reads, "The commission shall adopt regulations that prescribe." It is not necessary for the commission to be establishing regulation. This should be an administrative function under the superintendent of education. He pointed out finally, on lines 40 and 41"…must satisfy to demonstrate to the satisfaction of the commission…" should be deleted. At Chairman Rawson’s request, Mr. Etchemendy will submit his notes for the Legal Division of the Legislative Counsel Bureau to review. Mr. Etchemendy concluded his testimony by requesting the February 15 date of a potential decision not to reemploy an employee be changed to March 15, and to state the full support of the association for S. B. 59.

Keith W. Rheault, Ph.D., Deputy Superintendent, Instructional, Research and Evaluative Service, State Department of Education, recapped copies of memorandums from the Commission on Professional Standards in Education (Exhibit E). He read from prepared testimony and a memorandum to Kevin D. Welsh, Deputy Fiscal Analyst, Fiscal Division, Legislative Counsel Bureau (Exhibit F).

At the request of Chairman Rawson, Dr. Rheault stated he will provide the committee with the percentage of questions necessary to be answered correctly on the competency tests required by licensed educators in Nevada.

Debbie Cahill, Lobbyist, Nevada State Education Association, read prepared remarks which oppose S.B. 59 (Exhibit G).

Chairman Rawson asked Ms. Cahill if policy were to increase qualification of teachers, what would the procedure be under the Commission on Professional Standards in Education. Ms. Cahill replied any interested party could make presentations to the commission. The association is in the process of introducing an Assembly Bill that will tie tier licensing to a mentor program, and will provide a copy to the Senate Committee on Human Resources and Facilities when it is finalized. Ms. Cahill completed her testimony by expressing the association’s support of the number of minutes to be spent in the classrooms by administrators who are evaluating teachers. Senator Wiener asked Ms. Cahill if, since the duration of many classes is 50 or 55 minutes, would a change in wording to specify 3 full classes or no less than a specified number of minutes be helpful. Ms. Cahill replied an Assembly Bill to be introduced contains that language, and when it is drafted, the committee will be able to review it.

Larry L. Spitler, Lobbyist, Clark County School District, presented a written statement against certain sections of S.B. 22, and supporting S.B. 59 (Exhibit H).

Warren B. Hardy II, Lobbyist, Clark County Association of School Administrators, said some of his concerns about S.B. 59 have been addressed in the testimony today.

Chairman Rawson closed the hearings on the three bills. He asked the committee for a motion to introduce Bill Draft Request (BDR) 34-420.

Chairman Rawson asked the committee for a motion to introduce BDR S-700.

Chairman Rawson adjourned the meeting at 4:45 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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