The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:15 p.m., on Monday, April 5, 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

STAFF MEMBERS PRESENT:

Patricia Di Domenico, Committee Secretary

OTHERS PRESENT:

Keith W. Rheault, Ph. D., Deputy Superintendent for Instructional, Research and Evaluative Services, State Department of Education, read from prepared testimony (Exhibit D); and stated that the Department of Education supports the revisions to the Nevada Revised Statutes being proposed by S.B. 445. He noted lines 35-42, on page 2 of S.B. 445, update the statute to align with the requirements of the Nevada Education Reform Act of 1997. Dr. Rheault pointed out that the four subject areas designated in lines 1-8, on page 3 of S.B. 445, are in line with the content and performance standards currently being developed. He identified the revisions on lines 15–28, on page 3 of S.B. 445, as being currently required by statute. Dr. Rheault told the committee that the department also supports the repeal of the sections of chapter 389 identified on lines 3–5, on page 4 of S.B. 445. Senator Washington read lines 35–37, on page 2 of S.B. 445, and questioned whether the core academic subjects would also be applicable to charter schools. In response to the question, Dr. Rheault noted lines 3–5, on page 2, address charter schools. He opined that charter schools would be required to provide instruction in the core academic subjects.

Senator Washington requested that in all related bills charter schools be required to teach the core academic subjects. Chairman Rawson responded in the affirmative. Chairman Rawson referred to lines 41 and 42, on page 2 of Senate Bill 445, and noted that there have been suggestions to include sociology in the core academic studies. He questioned whether sociology would be a viable subject to be included in that group. Dr. Rheault responded negatively. Senator Wiener asked if phonics should be included in the core academic subjects. Chairman Rawson opined that it might be a conflict notice but would be included with English, composition, and writing. Responding to Senator Wiener’s question, Dr. Rheault said phonics is addressed in the current content performance standards.

SENATOR WIENER MOVED TO DO PASS S.B. 445.

SENATOR WASHINGTON SECONDED THE MOTION.

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Chairman Rawson opened the hearing on Senate Bill (S.B.) 293 and Senate Bill (S.B.) 488.

Charles (Steve) Williams, Lobbyist, Washoe County School District, testified that S.B. 488 was requested by the Washoe County School District to address the issue of the ability of the district to examine the entire record of a potential employee. He stressed that S.B. 488 is a stronger and more lucid bill than Senate Bill 293. Mr. Williams introduced Dan Coppa, Concerned Citizen and a former member of the Washoe County School Board.

Mr. Coppa read from prepared testimony (Exhibit E) and urged the passage of S.B. 488. He expounded on the responsibilities of school district employees educating children as well as being held to a higher standard of behavior.

Nat Lommori, Superintendent, Lyon County School District, testified that there is a different set of standards for students and adults as it relates to substance abuse. He urged the passage of S.B. 488. Chairman Rawson theorized that a teacher who sold drugs to a student could maintain employment whereas the student would be expelled. Mr. Lommori concurred with the analogy.

Don Lattin, Attorney, Washoe County School District, and Lyon County School District, related a situation where a teacher was arrested for cultivating marijuana but was allowed to remain in the classroom and could not be considered for dismissal under the old law. This resulted in a detrimental financial impact to the district. He explained the district was permitted to transfer the teacher only after parents refused to allow their children to go to class and a court order was obtained. Mr. Lattin stated the district paid two salaries for over 2 years. He said S.B. 488 allows the board of education and the local school board of trustees to consider criminal actions in the discipline of teachers. Chairman Rawson queried whether the discipline proceedings were confidential. Mr. Lattin answered in the affirmative. Senator Washington questioned what job the teacher under contract performed for over 2 years. In response to the question, Mr. Lattin said that the teacher remained in the district but was transferred to the central office.

Senator Washington asked if the transfer to the central office could be considered disciplinary in nature. Mr. Lattin replied that discipline covers a broad range of actions including transfers. Mr. Lattin clarified that a hearing officer decides the level of discipline after hearing the evidence in the case. Senator Washington questioned the disciplinary procedure. Mr. Lattin responded that the board of education would make a preliminary determination; a hearing officer would be chosen; the evidence would be presented to the hearing officer; and the hearing officer would make a determination upon which the board could then act.

Senator Wiener referred to verbiage on lines 10, 11, and 38 on page 2, and asked if law or the facts determined a truthful answer. Mr. Lommori replied that a teacher applying for a teaching license should answer truthfully and accompany the application with a letter of explanation. Mr. Lattin concurred.

Al Bellister, Lobbyist, Nevada State Education Association, voiced opposition to S.B. 488 and S.B. 293. He said the current statute is a "first offender" statute. Mr. Bellister stated that the premise is, people do make mistakes but can change and correct the error of their ways. He explained that the current statute allows an offender to participate in a program of treatment and rehabilitation. Mr. Bellister added, upon completion of this program they achieve the status they had prior to the conviction, and the record is expunged. Mr. Bellister stated the existing law allows licensing agencies to consider if people are a danger to students and revoke their license. He elucidated that only two out of thousands of teachers in the state have had their licenses revoked in the last 10 years for drug-related offenses. Mr. Bellister stressed that this has not been a big problem in Nevada. He emphasized that if either bill were passed it would be necessary to provide provisions in the bill that are applicable to offenses that occur after the effective date of the bill. According to Mr. Bellister, the bill appears to apply only to school district employees, not other professionals. Senator Washington questioned how many drug-related cases have been reviewed but licenses not revoked. Mr. Bellister iterated that the existing statute is for first offenders. Senator Wiener asked how many members there were in the Nevada Education Association. Mr. Bellsiter replied there were 20,000 members in the association.

Lucille Lusk, Lobbyist, Nevada Concerned Citizens, testified to having concerns about opening sealed records. She opined that the general policy of opening sealed records is not justified. Ms. Lusk remarked that it is questionable to treat one class of people differently from all others. Chairman Rawson queried whether another section of the bill should be amended to prevent the sealing of records. Ms. Lusk answered in the affirmative. Senator Washington asked what was the Nevada Concerned Citizens’ position concerning disciplinary actions for current employees who are drug offenders. Ms. Lusk responded that they should be disciplined quickly and severely. Senator Wiener iterated that this is a "first offender" bill.

Jeffery Artz, Section Supervisor, Records and Identification Services, Central Repository for Nevada Records of Criminal History, Nevada Highway Patrol Division, Department of Motor Vehicles and Public Safety, referred to lines 26-30 on page 3 of S.B. 488, and stated this verbiage means they can review sealed records. He stated that the Records and Identification Services receive thousands of requests for background checks on school personnel each year. Mr. Artz questioned whether this language meant that every background check for school personnel would necessitate an inquiry into the sealed-record file. Chairman Rawson answered in the affirmative. Mr. Artz stressed opposition to S.B. 488. He raised the issue of not preparing a fiscal note for S.B. 488. Referring to the verbiage on line 29, on page 3 of S.B. 488, "… to inspect and to copy…" Mr. Artz said that presently it is permitted to take notes of a record but not to copy a record. He asked for clarification. Chairman Rawson commented that the word "entitled" could be a matter of interpretation. Chairman Rawson opined that it would not be an indiscriminant policy, therefore it raises a fiscal note. Chairman Rawson asked if S.B. 488 would cause an expense to the repository. Mr. Artz replied in the affirmative.

Henry Etchemendy, Lobbyist, Nevada Association of School Boards, referred to lines 28-32 on page 2, and lines 22-25, on page 3, as current law. He pointed out that the new language expands the statute to include the State Board of Education and the board of trustees. Mr. Etchemendy said that any expense would not be of consequence because the bill applies to "first offenders" of substance abuse. Chairman Rawson asked if teacher licensing would be covered by the verbiage "licensing board." Mr. Etchemendy replied the state superintendent issues the license. Chairman Rawson asked what the Nevada Association of School Board’s position was on S.B. 488. Mr. Etchemendy averred their support of S.B. 488.

Nat Lommori, Superintendent, Lyon County School District, voiced the district’s concern with persons taking a plea and maintaining their license. He suggested that during the 3-year probationary period, the offender’s license be suspended.

Chairman Rawson closed the hearing on S.B. 293 and S.B. 488.

There being no further testimony, the meeting was adjourned at 3:05 p.m.

RESPECTFULLY SUBMITTED:

Patricia Di Domenico,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

DATE: