MINUTES OF THE meeting
of the
ASSEMBLY Committee on Education
Seventy-First Session
February 7, 2001
The Committee on Educationwas called to order at 3:50 p.m., on Wednesday, February 7, 2001. Chairman Wendell Williams presided in Room 3143 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Mr. Wendell Williams, Chairman
Ms. Bonnie Parnell, Vice Chairman
Ms. Sharron Angle
Mrs. Barbara Cegavske
Mrs. Vonne Chowning
Mr. Tom Collins
Mrs. Marcia de Braga
Mr. Don Gustavson
Mrs. Ellen Koivisto
Mr. Mark Manendo
Ms. Debbie Smith
Ms. Kathy Von Tobel
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Susan Scholley, Committee Policy Analyst
Linda Corbett, Committee Manager
Mary Drake, Committee Secretary
OTHERS PRESENT:
Dr. Jack McLaughlin, Superintendent of Public Instruction, Nevada Department of Education
Dr. Keith Rheault, Deputy Superintendent for Instructional, Research, and Evaluative Services, Nevada Department of Education
Prior to calling roll, Chairman Williams acknowledged Ms. Von Tobel as a returning member to the Assembly Committee on Education after one session’s absence, and welcomed Mrs. Smith as a new member of the committee. Chairman Williams reviewed the committee meeting dates and times, and then introduced Linda Corbett, returning committee manager and personal secretary, the new committee secretary, Mary Drake, and Susan Scholley, Policy Analyst with the Research Division of the Legislative Counsel Bureau (LCB). Chairman Williams also introduced the committee’s new Vice Chairman, Ms. Parnell.
Chairman Williams stated that at the last session the committee heard 45 assembly bills in the first 71 days. In view of the April 16 deadline for committee passage of bills, Chairman Williams said the committee would be hearing two bills per meeting. He asked committee staff to schedule presentations in February by the Nevada Department of Education (NDE), the University and Community College System of Nevada (UCCSN), and the Legislative Counsel Bureau Audit Division.
With regard to committee rules, Chairman Williams explained Assembly Speaker Perkins had asked the committees to revise their rules primarily to avoid conflict with the Assembly Standing Rules and to be more consistent. The revised Committee on Education Standing Rules (Exhibit C) complied with this request; there were no significant changes to the rules. Chairman Williams added that general rules about the order of testimony had been included setting forth procedures the committee, in the past, had normally followed. He indicated the Chair would reserve the option to reorder testimony on a given bill. The rules now included several general provisions relating to decorum and punctuality. Two members had asked about taking jackets off during hearings. Chairman Williams said the rule stands that jackets would be worn during the meeting.
Roll was then called and Chairman Williams asked that members be marked present as they arrive.
After roll call, Chairman Williams acknowledged Pepper Sturm, Chief Principal Research Analyst with the Legislative Counsel Bureau, who served as Policy Analyst for the Assembly Committee on Education and worked with the interim Legislative Committee on Education. Chairman Williams explained Mr. Sturm worked with the Nevada State Senate, but Chairman Williams wanted to acknowledge Mr. Sturm’s service to the Committee on Education.
Chairman Williams stated he would accept a motion on adoption of the Standing Rules for the Assembly Committee on Education.
ASSEMBLYMAN MANENDO MOVED TO APPROVE THE STANDING RULES AS DRAFTED.
ASSEMBLYWOMAN CEGAVSKE SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
********
Chairman Williams then asked Policy Analyst Susan Scholley to present the Committee Policy Brief (Exhibit D).
Mrs. Scholley began her presentation by reminding committee members LCB staff was nonpartisan and could neither advocate nor oppose any legislation. She explained the purpose of the Committee Policy Brief was to give members both an overview of the past session activities as well as an indication of what issues would be coming before the committee.
Mrs. Scholley then went through the jurisdiction of the committee, which was Title 34 of the Nevada Revised Statutes. She stated the one exception within these chapters was Chapter 387, which related to financial support of the school system. Those matters typically have gone to the money committees.
Mrs. Scholley briefly recapped the 1999 Legislative Session. The Committee on Education heard a total of 64 bills: 45 assembly measures and 19 senate measures. Fifty percent of the bills were signed into law. One bill, A.B. 332 of the Seventieth Session, was vetoed. That veto had been sustained that day on the Assembly Floor.
Mrs. Scholley explained the committee primarily deals with elementary and secondary education issues. Bills heard in the last session included, but were not limited to, the following subjects:
· Charter schools;
· High school diplomas;
· Parental notification provisions;
· Personnel;
Several bills that dealt with higher education were also heard last session. Mrs. Scholley noted the Committee Policy Brief contained a recap of the unsuccessful bills as well as more information on the bill vetoed today.
The Committee Policy Brief also contained a listing of reports that related to education that would be presented to the legislature in 2001. A number of statutory reports in the K-12 or elementary and secondary education realm are required each session. In particular to note would be the reports from the Legislative Bureau of Educational Accountability and Program Evaluation (LBEAPE); an annual report from the Superintendent of Public Instruction; and a State Board of Education report on class size reduction.
Mrs. Scholley further apprised the committee that, as a result of bills passed last session, several special reports would be presented to either the legislature or to the Committee on Education this session. In particular she noted that the Audit Subcommittee had requested a presentation by the Audit Division on the Legislative Counsel Bureau’s audit on textbooks in the school districts. That would be scheduled for later in the month. The Clark County School District would also be submitting a report on the pilot program for school replacement. The Nevada Department of Education (NDE) would be presenting a report on pilot programs for the temporary alternative placement of disruptive students. Elko County School District would be reporting on its demonstration class size reduction program. The NDE convened an advisory committee, and would be providing a report to the legislature on special education students relative to requirements needed to obtain a standard diploma; and, based on a 1997 bill, the NDE would be presenting a report on charter schools.
Mrs. Scholley explained several reports would be due from the higher education community. Tentatively scheduled for later in February would be the annual report from the Board of Regents on comprehensive planning activities and a Board of Regents report on the UCCSN police departments. Mrs. Scholley added that some of the outlined reports would not be presented to the committee in person; some would be made available in bulletins or on paper.
Other higher education special reports due in the session would be the teacher recruitment and professional development plan called for by A.B. 47 of the Seventieth Session, and the report by the advisory committee examining the need for a four-year state college. That report, however, would likely go to the money committees.
Mrs. Scholley remarked that, during the interim, four committees had met regarding education matters. All of those committees prepared bulletins, which were available for review. Mrs. Scholley indicated she would provide copies to committee members if they were interested. The Legislative Committee on Education (LCD) met almost monthly during the interim period. Mrs. Scholley stated the Committee on Education would be seeing several of the bills proposed by that committee. The LCD Bulletin 01-6 should be available any day.
Mrs. Scholley continued that the Commission on School Safety and Juvenile Violence had also prepared a bulletin and had three bill drafts proposed this session. The Advisory Committee to Examine Locating a Four-Year College in Henderson also had a Bulletin (Bulletin 01-9) as did the Committee to Study the Funding of Higher Education (Bulletin 01-4).
Mrs. Scholley then outlined the significant issues for the 2001 Legislature. She noted that in a recent poll by the Education Commission of the States (ECS), the four primary education concerns of other states were:
Mrs. Scholley felt it fair to say that these would also be top concerns in the Nevada Legislature. Mrs. Scholley noted that pages 11 and 12 of the Committee Policy Brief listed the issues the committee would be asked to address this session, which are very similar to the issues addressed last session. Those included:
Mrs. Scholley mentioned one of the new education issues would be a measure on distance education or virtual school, using the Internet and technology to provide instruction. She explained this was a national issue, and that a recent federal report from the Web-Based Education Commission indicated several school districts as well as several charter schools in the state were utilizing distance education
Mrs. Scholley said it should be noted that the Governor’s State of the State speech included several education proposals: the $20 million for the “Three T’s”: technology, textbooks, and training; the $58 million for teacher bonuses; and several other measures related to education. The teacher’s tax initiative would be presented to the legislature within the first 40 days; oral arguments had been heard in the Nevada Supreme Court that afternoon on this initiative.
In relation to federal issues, Mrs. Scholley pointed out education would take the center stage at the national level as President Bush had decided education would be one of his first legislative initiatives. The President recently released a proposal for federal education reform entitled “No Child Left Behind” which addressed many issues that would have the potential to affect Nevada, primarily because several of the measures proposed would be tied to funding, and, therefore, watched closely. Assessment was also a key issue in the President’s proposal, calling for testing in grades 3 through 8. Mrs. Scholley observed that Nevada does not currently have testing in grades 6 and 7, so that may become an issue. Also proposed was a new mandate to disaggregate data by gender, ethnicity and race. All states would be dealing with this issue, including Nevada. School choice and early literacy were also federal issues in the presidential proposal. The Elementary and Secondary Education Act (ESEA) was not reauthorized by the 106th Congress, so that reauthorization would be up again in front of the new Congress. Many of the President’s proposals would be hammered out as part of the ESEA reauthorization.
Mrs. Scholley explained Congress reauthorized the Individuals With Disabilities Education Act last session with a funding increase. She also noted school facilities and standards as important federal issues.
Mrs. Scholley concluded her presentation by noting that key contacts in state and local agencies and educational interest groups were listed in the back of the brief, along with several useful Web sites on the Internet containing enormous amounts of information about educational topics. She also pointed out that the committee had been provided with a copy of the 120-day schedule for the session highlighting the various deadlines, along with a telephone list of the committee membership and staff. Mrs. Scholley also had available copies of the Nevada Department of Education’s “Superintendent’s Report to the Governor and Legislature – 1999-2000” for those committee members wishing a copy. The report is on file with the Legislative Counsel Bureau.
Mrs. Scholley stated that Mrs. Smith had available copies of Education Week’s “Quality Counts 2001” report (Volume XX, Number 17, January 11, 2001) that Mrs. Smith would introduce to the committee that afternoon.
Chairman Williams thanked Mrs. Scholley for her presentation and advised her he would like the agencies with reports due in February to appear before the committee as soon as possible to make presentations. Chairman Williams indicated he was particularly interested in hearing the State Board of Education’s Schools to Careers report; the State Board of Education’s Class Size Reduction report; the Clark County School District’s Pilot Program for School Replacement report; the State Board of Education’s Charter Schools report; the Board of Regents’ Comprehensive Planning Activities report; and UCCSN Teacher Recruitment and Professional Development Plan.
Mrs. Scholley indicated she would take care of that request, and pointed out that the UCCSN was scheduled for a presentation to the committee February 19, and their report should be available any day. She informed Chairman Williams that all the reports mentioned would be presented to the LCB Director Lorne Malkiewich, so she would check on their availability.
Chairman Williams explained there were several members of the committee who voiced a concern that reports were not being made available to the committee members, which is why he would like those reports to be made as a presentation.
Chairman Williams inquired if Mrs. Smith wished to make remarks or comments on the “Quality Counts 2001” report published in Education Week, which she provided to the committee.
Mrs. Smith explained she had requested the information in her position as Chairperson of the Academic Standards Council (ASC). At the last ASC meeting the members received a brief overview of the report. Since the release of the final report, Mrs. Smith asked that all Committee on Education members would receive a copy of the January 17, 2001 Education Week publication containing the report. This annual report overviewed each state’s public schools in terms of student achievement, standards and accountability, improving teacher quality, school climate, and resources. Mrs. Smith noted, in the past, Nevada had not fared well with the “standards” issue. This year, Nevada’s “standards” grade was much better. Mrs. Smith pointed out the problem areas were accountability and testing, and these were issues the Committee on Education would be examining as the session continued. Mrs. Smith noted the long-term consequences of continued low achievement were worrisome in Nevada since the school-age population was one of the fastest growing in the country. The report addressed the particular circumstances of each state, and discussed the testing issues and accountability issues, noting that Nevada state officials would like a similar test developed for eight grades. Mrs. Smith did confirm with Dr. Rheault, Deputy Superintendent for Instructional, Research and Evaluative Services for the Nevada Department of Education, that the eighth-grade test was in the Governor’s budget and the department was working on defining that line item.
Mrs. Smith called attention to the report’s comment that Nevada’s “appraisal method has come in for some criticism for resting on test results and attendance, without considering student mobility, poverty, English proficiency, or other factors that can affect achievement.” Mrs. Smith indicated the ASC has had many discussions about these very issues, and would continue to look at and make recommendations about the second-language learners and special education students.
Chairman Williams asked Dr. Rheault if he had any remarks for the committee. Dr. Rheault indicated he was there to introduce the new Superintendent of Public Instruction, Dr. Jack McLaughlin. Chairman Williams welcomed Dr. McLaughlin and stated he looked forward to working with him. Chairman Williams also remarked that Dr. Rheault has been a very valuable person for this committee, for the state and for education.
There being no other business before the committee, Chairman Williams adjourned the meeting at 4:16 p.m.
RESPECTFULLY SUBMITTED:
Mary Drake
Committee Secretary
APPROVED BY:
Assemblyman Wendell Williams, Chairman
DATE: