The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:15 p.m., on Monday, March 22, 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:

Assemblywoman Sandra J. Tiffany, Clark County Assembly District No. 21

Assemblywoman Christina R. Giunchigliani, Clark County Assembly District No.9

STAFF MEMBERS PRESENT:

Patricia Di Domenico, Committee Secretary

OTHERS PRESENT:

Assemblywoman Sandra J. Tiffany, Clark County Assembly District No. 21 explained the history of A.B. 152. She told the committee of being contacted by the "Fourth R," a constituent who owned a computer store and obtained a business license but did not know a license from the postsecondary educational institute was necessary. Assemblywoman Tiffany explained the Fourth R provided individual instruction on specific subjects such as the Internet, Microsoft, or loading software. She stated after a meeting with this constituent, during which a decision was made to expand their business scope to include instruction to companies, they did get their license. She indicted that the statute is very broad. Assemblywoman Tiffany opined individuals should be able to take a computer class at their own risk at a nominal fee. She read the letter (Exhibit C) from the Fourth R which enumerated on their concerns with the Nevada Revised Statues (NRS) chapter 394. Assemblywoman Tiffany noted page 2, lines 6 through 9 of A.B. 152 is amended to reflect educational services or programs that are no longer than 12 hours.

David Perlman, Administrator, Commission on Postsecondary Education, read from prepared testimony (Exhibit D). He said the proposed language in A.B. 152 has merit but also has the potential to take advantage of students. Mr. Perlman stated the existing statute is clear, concise, and succinct and has effectively kept diploma mills from obtaining licensure in Nevada. Chairman Rawson questioned how to address the issue of a company who gives computer instructions as part of a sale. Mr. Perlman replied the company would be exempt. He explained basic introduction training would be exempt but when advanced programs are taught they become vocational in nature. Chairman Rawson queried whether a 1-day course that may take a person 6 months to complete would be covered under the existing statute. Mr. Perlman responded that it depended on the software. He explained instruction for self-improvement would not require licensure. Mr. Perlman indicated the problem arises when a plethora of courses are put together from which a student could choose; then a license is required. Mr. Perlman’s testimony was paused by Chairman Rawson to hear other testimony on the subject.

Clara Andriola, Member, Commission on Postsecondary Education, testified about concerns with the language change of A.B. 152. Chairman Rawson asked if the issue could be more clearly defined. Ms. Andriola replied that because the industry is changing it would need careful scrutiny. She stated schools that are presently licensed might be in violation if this bill is passed. Ms. Adriola opined that the problem could be resolved and offered to assist in the process. Chairman Rawson asked Ms. Andriola, Mr. Perlman and Assemblywoman Tiffany to craft language to protect secondary licensing. He suggested if instruction is for self-improvement then it should be defined for 8 hours or a specific length of time and it should not be for credit, certification, or licensure. Assemblywoman Tiffany asked if defining instruction as short-term and of a personal nature would narrow the definition.

Chairman Rawson opened the hearing on Assembly Bill (A.B.) 2.

Assemblywoman Christina R. Giunchigliani, Clark County Assembly District No.9, testified A.B. 2 was recommended by the interim committee on Study of Special Education and Student Discipline. Referring to Exhibit E, Assemblywoman Giuchigliani explained section 1, paragraph (b), line 8, is amended to allow school districts to utilize money to purchase tickets at reduced rates for transportation of children on public buses. She added, this allows the schools to negotiate reduced bus rates for students in homeless shelters or students living just outside their districts. Assemblywoman Giunchigliani pointed out the insertion of middle school on line 9 of A.B. 2. Chairman Rawson asked if high school was being deleted. Assemblywoman Giunchigliani affirmed high school would not be deleted.

Martha Tittle, Lobbyist, Clark County School District, read from prepared testimony (Exhibit F) stating the Clark County School District supports A.B. 2 if the language is permissive in nature. She noted the district’s fleet of over 850 buses log in excess of 15 million passenger miles each year and transport 80,000 students daily. Chairman Rawson asked if the amended bill is permissive. Ms. Tittle answered in the affirmative.

Chairman Rawson closed the hearing on A.B. 2 and opened the hearing on Senate Bill 293.

Michael E. Malloy, Attorney, Washoe County School District, and Lyon County School District, testified S.B. 293 is well intended but does not accomplish the purpose. He said the introduction of S.B. 293 refers to applicants but the real problem exists with current employees. Mr. Malloy stated the existing statute permits the court to place a first offender of controlled substance on probation and not enter a judgement of conviction. He added, upon completion of probation the charges will be dismissed and it is as if the occurrence never happened. Mr. Malloy expressed concern that this sends a mixed message to children within the school districts. He stated S.B. 293 does not take the offender from being in contact with students. Mr. Malloy pointed out S.B. 488 accomplishes the same purpose but is more comprehensive.

Chairman Rawson commented that drugs are a serious problem in our society and he opined, if an individual has failed in that regard then they should not be teaching our youth. Chairman Rawson queried whether S.B. 488 takes a stronger stance against this issue. Mr. Malloy responded S.B. 488 allows for the board of trustees to impose discipline upon an individual who is taking part in the procedure of deferred sentencing. Mr. Malloy noted S.B. 488 would amend Nevada Revised Statutes chapter 391 to add this procedure to the list of offenses for which a teacher could be disciplined.

Chairman Rawson asked if a student who previously had a drug problem would be prohibited from entering the teaching profession. Mr. Malloy replied an individual would have difficulty getting licensed if they were convicted of a felony as an adult. Chairman Rawson mentioned there should be a provision for an individual who has reformed. Mr. Malloy said currently the law permits an individual to petition the court to have the record expunged.

Mary Goodman, Associate Superintendent, Lyon County School District, testified to instances in the Lyon County School District where teachers have been returned to work by the courts. She described the uproar it caused from the community and the repercussions that occurred. She stressed the students’ confusion with this situation. Chairman Rawson asked if S.B. 488 would address the problem more effectively. Ms. Goodman answered affirmatively.

Anne K. Loring, Lobbyist, Nevada Association of School Boards, and Washoe County School District, requested that action on S.B. 293 be delayed until S.B. 488 is heard on April 5, 1999. Senator Amodei questioned whether this subject is addressed in any existing collective bargaining agreements and how they would be affected. Mr. Mallory replied the subject is not addressed in the Washoe and Lyon counties contracts. He explained the present collective bargaining agreements would not prohibit the termination of a teacher who was charged and convicted of a drug offense. Mr. Malloy pointed out the problem exists when they are not convicted of an offense but are put on probation. Senator Amodei asked if this issue could be negotiated in the future. Mr. Malloy responded that it would be a district contract not a statewide policy. Ms. Loring commented without language in statute it would be difficult to negotiate the issue in a school contract.

Henry Etchemnedy, Lobbyist, Nevada Association of School Boards, urged the committee to hold S.B. 293 in abeyance until S.B. 488 is heard.

Al Bellister, Lobbyist, Nevada State Education Association, pointed out S.B. 293 does not have transitory language to exempt those individuals who have entered into judgement-of-conviction agreements or who have successfully completed such agreements. He suggested that if the bill is passed then it should be effective upon passage of approval. Mr. Bellister voiced concern about the application of the bill. He stated if teachers are a "role model" for children there are other professions that are "role models" also, but teachers would not be afforded the same protection under the law as other professions. Chairman Rawson asked if there was a provision for a teacher who enters a rehabilitation program voluntarily. Mr. Bellister replied affirmatively and said there are employee assistance programs in place.

Chairman Rawson closed the hearing on S.B. 293.

SENATOR MATHEWS MOVED TO AMEND AND DO PASS AS AMENDED

A.B. 2.

SENATOR WIENER SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

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The meeting was adjourned at 2:45 p.m.

At the request of Mr. Perlman, a memorandum dated March 25, 1999, (Exhibit G) stating the Department of Education Commission on Postsecondary Education’s opposition to Assembly Bill 152, was submitted for the record.

RESPECTFULLY SUBMITTED:

Patricia Di Domenico,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

DATE: