The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:45 p.m., on Wednesday, March 17, 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 Mark A. James, Clark County Senatorial District No. 8

Senator Ann O’Connell, Clark County Senatorial District No. 5

STAFF MEMBERS PRESENT:

Kimberly Potvin, Committee Secretary

OTHERS PRESENT:

Senator Mark A. James, Clark County Senatorial District No. 8, testified S.B. 285 was developed in order to stress the importance of Nevada’s children understanding and learning the fundamental documents that have helped establish and maintain the democracy of the United States. The documents included in S.B. 285 are the Constitution of the United States including the Bill of Rights; the Constitution of the State of Nevada; the Declaration of Independence; the Federalist Papers; Abraham Lincoln’s Gettysburg Address; the Emancipation Proclamation; and George Washington’s Farewell Address. Senator James explained the subject of American government was unlike other subjects taught within the education system. He agreed that while curriculum should not be micromanaged by dictating exactly what should be taught in the school system, the area of American government was fundamentally different from any other subject areas.

Chairman Rawson informed Senator James of controversies that have faced the Senate Committee on Human Resources and Facilities. He explained members of organized education have had a continuing argument with the committee concerning the authority to mandate certain requirements of education.

Chairman Rawson complimented Senator James on his testimony and he commented some suggestions have been made to simplify chapter 389 of Nevada Revised Statutes (Examinations and Courses of Study).

Senator Ann O’Connell, Clark County Senatorial District No. 5, expressed her support for S.B. 285. She said The Council to Establish Academia Standards for Public Schools is attempting to create an overall "umbrella" for social studies to include the areas of history, economics, geography, and civics. Senator O’Connell stated it is her understanding the history portion has not yet been completed.

Chairman Rawson explained that S.B. 445 was intended to amend chapter 389 of Nevada Revised Statutes.

Chairman Rawson outlined the bill, which separates education into three basic areas: those that are required to be taught; those that are enrichment or practical, and should be taught; and those that are not required, but can be offered.

Senator O’Connell noted during initial meetings of The Council to Establish Academic Standards for Public Schools, the documents included in S.B. 285 were discussed. The Senator emphasized the teachers attending the meetings of the council maintained that the historical documents addressed in S.B. 285 were currently being taught. Senator O’Connell mentioned the council discussed whether additional days should be added to the school year in order to cover the areas in a comprehensive manner.

Senator James stressed the documents included in S.B. 285 were not fleeting, and were the rudiments of why the legislators are able to have these discussions, or why they were elected.

Senator O’Connell added performance standards would not be written for different subject areas. She stressed the important aspect was to show teachers different ways to introduce varying subjects that the Council to Establish Academic Standards for Public Schools chooses to include in the standards. The Senator clarified the teachers would not be required to wait until a particular unit to teach a specific document, but could introduce it and include it into many different areas. Senator O'Connell stated that more choices provided to an instructor about how to discuss documents like the Federalist Papers or the U.S. Constitution would encourage the teachers.

Chairman Rawson replied those choices were the basis for Senator James’ testimony. He explained it is the responsibility of the Legislature to specify the essentials, and the role and regulatory ability of the council and the State Board of Education to enforce. The Chairman made it clear it is the responsibility of the Legislature to specify the essentials.

Senator Washington commended both Senator James and Senator O’Connell at the remarkable broadness of S.B. 285. Senator Washington expressed the importance of these documents and how essential they are to defining freedom in America.

Senator Rawson closed the hearing on S.B. 285 and opened the hearing on Assembly Concurrent Resolution (A.C.R. 10).

Richard J. Panelli, Chief, Bureau of Licensure and Certification, Health Division, Department of Human Resources, defined A.C.R. 10 as a way to develop a dual procedure to investigate the inspection process that the State of Nevada implements to look at long-term care facilities. Mr. Panelli mentioned a similar process is used across the United States. He noted the bill would provide the State of Nevada with information needed to compare the current inspection process to another type of system. Mr. Panelli explained the goal was to find a better continuous quality improvement approach to finding out and measuring the well-being and satisfaction of residents in long-term care facilities in the State of Nevada. Mr. Panelli continued by reading from written testimony (Exhibit C).

Senator Rawson closed the hearing on A.C.R. 10 and reopened the hearing on S.B. 285.

Pete Bachstadt, Concerned Citizen, testified S.B. 285 was a way for Americans to reestablish their original form of government.

Daniel Hansen, Concerned Citizen, introduced himself as the state chairman of the Independent American Party, and in full support of S.B. 285.

Denton S. Gehr, II, Concerned Citizen, explained his support of S.B. 285. He averred that all students should have input involving the foundations of our society, such as the Constitution, the Bill of Rights, and the Federalist Papers. Mr. Gehr added this information might help citizens become more responsible within society

Janine Hansen, Lobbyist, Nevada Eagle Forum, explained the importance of the papers included in S.B. 285. Ms. Hansen stated that all children need the opportunity to develop a love and appreciation for the founding documents.

Lynn Chapman, Lobbyist, testified it is necessary for all school children to be taught historical facts about how America became a nation and grew to its present size and greatness.

Dick Murray, Concerned Citizen, said he was amazed that a law needed to be passed to teach the fundamentals of what the United States is truly about. He stated our veterans fought and died for the documents included in S.B. 285 and expressed his support for the bill.

Richard Ziser, Lobbyist, Nevada Concerned Citizens, testified that as a student in California, in order to graduate from the eighth grade, he was required to pass a test on the U.S. Constitution. Mr. Ziser provided a letter he had written as his testimony in support of S.B. 285 (Exhibit D).

Carolyn A. Nelson, Lobbyist, Independent American Party of Nevada, described a discussion with an instructor in the Washoe County School District. Ms. Nelson averred some of the required courses do not leave enough time for academics. Explaining the curriculum of the schoolteacher, Ms. Nelson gave the following examples: 2 weeks spent on "I am lovable and capable;" 2 or more weeks on "Here is looking at you 2000"; 1 week on women’s studies; 1 week on Drug Abuse Resistance Education (D.A.R.E.); 2 weeks on Students Helping all Ages through Relationships and Education (S.H.A.R.E.); 1 week on a nonsmoking program; and 3 or more weeks on fund-raisers. She continued a week was spent on end-of-year activities, 1 week or more on early release days; and 3 to 5 weeks for teaching and test-taking. Ms. Nelson believes none of these issues is more important than the founding documents of America.

Allan R. Walker, Lobbyist, expressed support for S.B. 285 and praised the excellent wording of the bill.

Kristine K. Jensen, Lobbyist, Nevada Concerned Citizens, expressed support for S.B. 285. She told of her experience with teaching in high school government classes, and felt there is a great duty and obligation to educate Nevada’s students.

Mary L. Peterson, Ed.D, Superintendent of Public Instruction, State Department of Education, read written testimony (Exhibit E). Dr. Peterson also summarized the draft of content standards (Exhibit F). She said Exhibit F explains the current standards and specifically addresses many of the documents included in S.B. 285. Dr. Peterson added S.B. 285 will be shared with the writing teams for review and inclusion in the standards, not dependent on its passage. She emphasized the Legislature made a strong statement and gave clear direction to the education community regarding standards when it passed S.B. 482 of the Sixty-ninth Session.

Dr. Peterson reiterated the process to develop the education standards is based on writing teams made up of teachers, parents, and businesspeople from throughout Nevada. She pointed out the process is working well and requested it be allowed to continue. Dr. Peterson explained once the Council to Establish Academic Standards for Public Schools adopts the standards on September 1, 1999, the State Board of Education will review, adopt, and include the standards in regulation. Dr. Peterson testified S.B. 285 would blur the message sent through S.B. 482 of the Sixty-ninth Session, which set a clear course of how education should be improved in the State of Nevada.

Chairman Rawson asked if the State Department of Education stood in opposition to S.B. 285.

Dr. Peterson answered that there is no opposition to the content of what is to be taught. She clarified the State Department of Education opposes the vehicle being used. Dr. Peterson explained when the academic council was developed, there was clear direction to gather input and develop standards for students.

Chairman Rawson commented there appeared to be no conflict between the objectives of S.B. 285 and the council. He explained that it happened to be one more aspect of public input to be a representative form of government and academic standards would continue to be written in the same way.

Dr. Peterson reiterated that a motion of process was created with S.B. 482 of the Sixty-ninth Session to develop standards and S.B. 285 constituted another layer over that process. Dr. Peterson asked if this bill superceded what the writing teams have completed. Chairman Rawson repeated S.B. 445, to be heard in the seventieth session, would repeal many sections of chapter 389 of Nevada Revised Statutes (NRS).

Dr. Peterson recommended that the means to address the historical documents of American government is to send a resolution to the Council to Establish Academic Standards for Public Schools to assure the documents are being included in the standards. She stated the Bill of Rights, the Constitution, the Declaration of Independence, and the Federalist Papers are currently included in the standards.

Chairman Rawson said the State Board of Education, on multiple occasions, has indicated resolutions would be preferred, instead of mandates. The Chairman clarified that the Legislature, which is a representative form, feels that some issues need to be more specific. He recognized that a resolution on opposing viewpoints might not be reached.

Douglas M. Byington, Lobbyist, Nevada Association of School Administrators, testified there is no opposition to the subject matter, but to the manner it is being done. He clarified that during the Sixty-ninth Legislative Session, the education community was never opposed to what the Legislature requested be included in their curriculum. Mr. Byington agreed S.B. 445 would make changes to how the Legislature works with the education community. He mentioned several of the books being used with the Washoe County School District beginning with a fifth grade book which discusses the Bill of Rights, the Gettysburg Address, the Declaration of Independence, the Constitution, and the Federalist Papers. Mr. Byington testified Assembly Bill (A.B.) 313 mandates certain curriculum is taught in middle school.

Mr. Byington continued bills currently being heard involving education are right on the heels of the most dramatic and drastic evaluation of education in the State of Nevada. He testified S.B. 482 of the Sixty-ninth Session created the committees to look into many of the things that are being discussed. Mr. Byington claimed $849,000 was given to create the committees to strengthen the educational system. Mr. Byington emphasized his dedication towards the United States of America and his determination for the children to know and understand the Constitution and the Bill of Rights. He suggested S.B. 285 is a serious bill that is moving in the right direction, but another layer of legislation may not be required on top of S.B. 482.

Lonnie F. Shields, Lobbyist, Washoe County Education Administrator Association, said the association is neutral on S.B. 285. He clarified the teachers of government at Washoe County School District are currently teaching the concepts included in the bill and are being taught well.

Henry Etchemendy, Lobbyist, Nevada Association of School Boards, expressed his opposition to S.B. 285, by reading from a written statement (Exhibit G).

Chairman Rawson expressed puzzlement at the strength of opposition to S.B. 285. He made it clear if the Legislature was attempting to require the curriculum for each grade level, or break the subjects down to dictate how and when, that could be considered micromanagement. The Chairman commented S.B. 285 was like a preamble to establish what is essential and important, but does not dictate how it is to be done. Chairman Rawson opined S.B. 445 would not conflict with S.B. 285. He clarified S.B. 445 will repeal 14 sections or subsections of chapter 389 of NRS and would put back on the standards council various education aspects to be controlled on a local level.

Chairman Rawson called for a motion on S.B. 285.

VICE CHAIRMAN WASHINGTON MOVED TO DO PASS S.B. 285.

SENATOR TOWNSEND SECONDED THE MOTION.

THE MOTION CARRIED (SENATOR MATTHEWS VOTED NO.)

*****

Chairman Rawson explained there was no more testimony on A.C.R. 10. He concluded the issue should be reviewed a little more carefully before deciding, and a fiscal note may be necessary.

Chairman Rawson adjourned the hearing at 3:30 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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