MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-First Session
March 30, 2001
The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 11:51 a.m., on Friday, March 30, 2001, 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:
H. Pepper Sturm, Committee Policy Analyst
Patricia Vardakis, Committee Secretary
OTHERS PRESENT:
Randy Robison, Lobbyist, Nevada Association of School Boards
Anne K. Loring, Lobbyist, Washoe County School District
Craig Kadlub, Lobbyist, Clark County School District
Keith Rheault, Deputy Superintendent for Instructional, Research, and Evaluative Services, Department of education
Nancy J. Hollinger, Lobbyist, Washoe County School District
Tom Clark, Lobbyist, I Can Do Anything Charter High School
Dotty L. Merrill, Lobbyist, Washoe County School District
Forest Gorden, Associate Superintendent of Curriculum and Staff Development, Churchill County School District, Churchill County
Raymond Bacon, Lobbyist, Nevada Manufacturers Association
Lucille Lusk, Lobbyist, Nevada Concerned Citizens
Al Bellister, Lobbyist, Nevada State Education Association (NSEA)
Leslie Porter, Concerned Citizen
Mitch Overlie, Teacher, Gateways to Success Charter School
Ian Barton, Student, Gateways to Success Charter School
Kenny Self, Student, Gateways to Success Charter School
Ricci Elkins, Lobbyist, Alliance for Children’s Educational Excellence
Chairman Rawson opened the meeting with the “Work Session Document” (Exhibit C), and introduced H. Pepper Sturm, Committee Policy Analyst, Research Division, Legislative Council Bureau.
Mr. Sturm introduced Senate Bill (S.B.) 112.
SENATE BILL 112: Revises certain provisions concerning amelioration of causes of poverty to conform to changes in federal law. (BDR 38-535)
Mr. Sturm said Cloyd Phillips representing the Community Services Agency (CSA), the Economic Opportunity Board (EOB), and the Nevada Community Action Association (NCAA), proposed the amendment. He explained, “In consultation with eligible entities, the director shall establish a statewide plan for the distribution of the money.” Mr. Sturm stated the agency approved the change.
Chairman Rawson commented all powers would remain with the agency.
SENATOR MATHEWS MOVED TO AMEND AND DO PASS AS AMENDED SENATE BILL 112.
SENATOR TOWNSEND SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR AMODEI WAS ABSENT FOR THE VOTE.)
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Mr. Sturm presented Senate Concurrent Resolution (S.C.R.) 18.
SENATE CONCURRENT RESOLUTION 18: Urges and encourages various persons, organizations, agencies, governmental entities and educational institutions to take certain actions to promote school safety and reduce juvenile violence. (BDR R-198)
He said there were no proposed amendments. Mr. Sturm pointed out tab B of Exhibit C, contained the descriptive list of the programs mentioned in S.C.R. 18 Chairman Rawson had requested.
SENATOR WIENER MOVED TO DO PASS S.C.R. 18.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR AMODEI WAS ABSENT FOR THE VOTE.)
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Chairman Rawson closed the work session and introduced Senate Bill 205.
SENATE BILL 205: Authorizes consideration of certain criminal proceedings and sealed records for purpose of licensing, employment or discipline of school personnel. (BDR 34-383)
Randy Robison, Lobbyist, Nevada Association of School Boards, testified S. B. 205 sends conflicting messages to students about the use of illegal drugs. Referring to lines 17 through 24 on page 6 of S.B. 205, he said the language grants authority to “The state board of education, the superintendent of public instruction, and the board of trustees of a local school district to consider proceedings under this section in determining suitability for a license and access to sealed records.” Mr. Robison proposed amending S.B. 205 to restrict granting authority to the state superintendent of public instruction and the local school district superintendent. He explained licensure is the final responsibility of the state superintendent of public instruction, and the local school district superintendent is accountable for employment and discipline questions regarding misconduct.
Anne K. Loring, Lobbyist, Washoe County School District, testified S. B. 205 addresses the type of occurrence which undermines the law, the Legislature, and the school districts. Ms. Loring related an incident of illegal drug possession by a teacher in the Washoe County School District, because the records were sealed, this offense could not be used as a reason for termination. Continuing, she said the teacher was removed from the classroom, but continued to receive an experienced teacher’s salary for doing menial tasks.
Ms. Loring explained, based on the statutes, the district would suspend or expel a student for this type of offense, but an employee could potentially stay employed and teach children. She emphasized, this type of occurrence sends a mixed message to the students and the community. Ms. Loring stressed S.B. 205 would address this critical issue. She urged the committee to support S.B. 205 to be consistent with the legislation in effect for students.
Craig Kadlub, Lobbyist, Clark County School District, spoke in favor of S. B. 205. He requested S.B. 205 be amended to require the county clerk to notify the state superintendent or local superintendent of school personnel when charges against a teacher have been suspended.
Chairman Rawson requested an amendment addressing the notification process be submitted to the committee.
Keith Rheault, Deputy Superintendent for Instructional, Research, and Evaluative Services, Department of Education, voiced support of S.B. 205, and the inclusion of the superintendent of public instruction or the State Board of Education. He stated S.B. 205 gives the superintendent of public instruction the same authority as professional licensing boards.
Mr. Rheault referred to lines 18 through 27 on page 4, and told the committee the current practice of discipline instituted for such offenses is to require the employee attend rehabilitation classes before receiving his or her license.
Murry Wipple, Member, Lincoln County School Board, Vice President, Nevada School Board Association, voiced support of S.B. 205.
Al Bellister, Lobbyist, Nevada State Education Association (NSEA), said NSEA opposed S.B. 205. He said S.B. 205 singles out teachers for discriminatory treatment. Mr. Bellister reminded the committee, under current law, sentencing is discretionary for this type of offense. He stated S.B. 205 also has a retroactive application; therefore, persons covered under current law would be subjected to penalties.
Referring to lines 1 through 17, on page 1 and lines 1 through 22 on page 2, of S.B. 205, Mr. Bellister advised the committee the current list of causes for discipline, up to and including discharge, gives school boards and districts many “tools” to discipline employees. He urged the committee not to vote in favor of S.B. 205 because it would be “bad public policy.”
Chairman Rawson requested an explanation of Mr. Bellister’s testimony concerning retroactive application. In response, Mr. Bellister referred to line 10 on page 7, and said NSEA’s attorney had advised that the language would mean “anyone who has entered into a plea under the existing statute would be affected by S.B. 205.”
Chairman Rawson closed the hearing on S.B. 205, and opened the hearing on Senate Bill 292.
SENATE BILL 292: Makes various changes regarding charter schools. (BDR 34-382)
Mr. Robison noted lines 1 through 12 on page 1 of S.B. 292, address the closure of a charter school and the financial impact upon the home district. He said the language on page 2, lines 11 and 12 of S.B. 292, would grant time for notification, public hearing, and a review process. Referring to lines 19 through 25 on page 2 of S.B. 292, Mr. Robison claimed there was some concern about the vagueness of the language. He expressed his willingness to work with those advocates to define the intent of the language more carefully.
Mr. Robison said the changes on lines 21 and 22 on page 3 of S.B. 292 are appropriate, and lines 28 through 30 on page 3 of S.B. 292 will help the parents and community stay actively involved in the process.
Chairman Rawson asked whether the language on lines 28 through 30 would cause problems for a charter school offered over the Internet. Mr. Robison answered it would create a challenge because of the manner in which they are conducted. Chairman Rawson, addressing lines 21 and 22 on page 3 of S.B. 292, voiced his concern a charter school might cover more than one county.
Continuing, Mr. Robison pointed out lines 20 through 25 on page 4 of S. B. 292 specify a charter school must meet the requirements of the school district for graduation; lines 26 through 29 on page 4 of S.B. 292 state a charter school must comply with the age requirement for kindergarten, first and second grades. Mr. Robison explained the language on lines 17 through 29 on page 5 of S.B. 292, requires at least one licensed teacher hold an endorsement in a course of study, who can then either teach, or supervise the instruction in that course of study. He remarked lines 46 and 47 on page 9 of S.B. 292, require when a charter school establishes a kindergarten it be subject to the same statutory requirements for the allocation of the money.
Senator Washington asked whether lines 3 through 12 on page 1 and lines 1 through 4 on page 2 of S.B. 292 could be omitted. Mr. Robison clarified there was a pending regulation to address the Distributive School Account (DSA) payments issue by reverting the money to the home district; therefore, changes to the language, and other related references, will not be needed. Senator Washington noted lines 46 through 49 on page 6 and lines 1 through 7 on page 7 of S. B. 292 could be eliminated. Mr. Robison added, lines 18 through 25 on page 8 of S.B. 292 could also be eliminated.
Senator Washington, referring to lines 11 and 12 on page 2 of S.B. 292, suggested working with the Department of Education to coordinate timelines for the application process. Mr. Robison acknowledged the timeline issue.
Chairman Rawson commented issues concerning S.B. 292 need to be resolved.
Nancy J. Hollinger, Lobbyist, Washoe County School District, testified in favor of S.B. 292. She stated the problems between the school district and charter schools have been financial. Ms. Hollinger said she agreed with the language on lines 21 and 22 on page 3 of S.B. 292, because the members would have a better understanding of local laws, and would have an interest in the charter school. She called attention to lines 26 through 29 on page 4 of S.B. 292, and said it was important to follow the age requirement to enroll children in kindergarten, first, or second grades.
Ms. Hollinger noted S.B. 292 would be conducive to the school district and the charter schools working together. Senator Washington questioned the necessity of the language on lines 26 through 29 on page 4 of S.B. 292. Ms. Hollinger insisted this has been a problem and needs to be addressed because of the distributive school account funding.
Senator Washington expressed his concerns about the language on lines 19 through 25 on page 2 of S.B. 292, and changing the word “shall” to “may” on line 26. He explained it is difficult to get an application approved in Nevada because there are no other options. Chairman Rawson commented, under the current system, the funding for charter schools is late; therefore, there is a problem meeting the payroll. Ms. Hollinger replied the issue could be reviewed.
Senator Washington suggested a system called the ”revolving loan account” might be helpful, and offered to submit information to the committee.
Chairman Rawson assigned Senator Washington to be the chairman of a subcommittee to discuss and resolve the issues concerning S.B. 292.
Tom Clark, Lobbyist, I Can Do Anything Charter High School, concurred with Chairman Rawson’s decision and offered to work on the subcommittee.
Mr. Kadlub stated support of S.B. 292 with the suggested changes. He emphasized the need to change the language on line 27 of page 2 of S.B. 292.
Dotty L. Merrill, Lobbyist, Washoe County School District, said she was speaking on behalf of Dr. James Hager, Superintendent of the Washoe County School District. She drew attention to lines 11 through 19 on page 4 of S. B. 292, and said the language establishes students who graduate from a charter school will meet the existing requirements and regulations of the state. Ms. Merrill stated lines 20 through 25 on page 4 of S.B. 292 would enable school districts to require graduates of charter schools to meet the same requirements as other public schools’ students within those districts.
Forest Gorden, Associate Superintendent of Curriculum and Staff Development, Churchill County School District (CCSD) read from prepared testimony (Exhibit D), and told the committee he was also the charter school liaison for CCSD and the Gateways to Success Charter School. He testified in favor of S.B. 292. Mr. Gorden asserted the changes proposed by S.B. 292 should not cause undue hardship on charter schools or school districts.
Senator Washington commented on the recommendations and amendments concerning S.B. 292, and stressed the need to create flexibility so schools can be innovative and creative in assisting students achieve their potential.
Raymond Bacon, Lobbyist, Nevada Manufacturers Association, expressed concern that protecting the “system,” not student learning, is the main focus of S.B. 292. He mentioned charter schools in Arizona and California are successful because one member of their governing body is not from the county, but does have specific expertise. Mr. Bacon pointed out the qualifications designated on lines 17 through 29 on page 5 of S.B. 292 are not required by other states. He referred to the “ELC (Education Leaders Council) Weekly Policy Update” (Exhibit E), and pointed out various paragraphs to the committee where data shows substantial gains in student learning. Concluding his remarks, Mr. Bacon stated, “Five years of experience in education might not be beneficial because it refers to the school administrator; someone with 5 years of management experience may bring some out-of–the-box thinking, which may be very beneficial to a charter school.”
Lucille Lusk, Lobbyist, Nevada Concerned Citizens, testified the purpose of charter schools is to provide options, and the closer the requirements come in line with the school districts, the fewer options are available. She voiced concern over the language on lines 23 through 25 on page 2 of S.B. 292, stating removal of the language, ”. . . the board of school trustees shall not deny an application solely on the basis of the considerations set forth in this subsection.” Ms. Lusk said removal of that language would enable the board of school trustees to deny an application if they so chose. She pointed out the change from ”shall” to “may” on line 27 grants the board of trustees the right to deny an application for any reason, as long as the criteria set forth in the law is met.
Al Bellister, Lobbyist, Nevada State Education Association (NSEA), stated NSEA’s only concern is on page 5 of S.B. 292 and the proposed amendments on licensure. He said NSEA believes the teachers in the core academic areas should be properly licensed and endorsed.
Senator Washington questioned whether there was a problem in charter schools concerning core subjects being taught by unlicensed teachers. Mr. Bellister explained a person could be licensed to teach but not endorsed to teach a particular subject.
Leslie Porter, Concerned Citizen, voiced her concerns about the time period charter schools have to wait for funding, especially during their first year. She suggested counties should not be prohibited from working together; therefore, the language in lines 21 and 22 on page 3 of S.B. 292 should be amended to say, ”The majority of members of the governing board should come from the state of Nevada.” Ms. Porter insisted the purpose of charter schools is to be different; therefore, if you make the same requirements for graduation as the school districts, you defeat the purpose and will encourage students to dropout. She said charter schools are trying to help students who have not been successful in the regular school system.
Mitch Overlie, Teacher, Gateways to Success Charter School, voiced concern over the requirements of charter schools suggested by S. B. 292. He stressed the necessity to keep charter schools as an alternative for students to achieve.
Ian Barton, Student, Gateways to Success Charter School, commented the school he attends is a bi-county charter school, which requires 22.5 credits to graduate, but each county has different credit requirements. He asked the committee what credit requirements he would have to meet for graduation. Chairman Rawson said the committee would respond to his question with a definitive answer, and he would be contacted.
Kenny Self, Student, Gateways to Success Charter School, expressed concerns about S.B. 292, and told the committee the critical issue was the length of time charter schools must wait for funding. Chairman Rawson assured the students the decisions made by the committee would not negatively affect them.
Ricci Elkins, Lobbyist, Alliance for Children’s Educational Excellence, reiterated the concerns voiced in previous testimony concerning S.B. 292. She suggested the language on lines 21 and 22 of page 3 of S.B. 292 be amended to include, “persons who live or work in the county” could be members of the governing body.
Chairman Rawson closed the hearing on S.B. 292, and referred the bill to subcommittee.
The meeting was adjourned at 1:01 p.m.
RESPECTFULLY SUBMITTED:
Patricia Vardakis,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: