SENATE COMMITTEE MINUTES

MINUTES OF THE

SENATE Committee on Human Resources and Facilities

Seventy-second Session

February 10, 2003

The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:45 p.m., on Monday, February 10, 2003, 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 Barbara Cegavske, Vice Chairman

Senator Maurice E. Washington

Senator Dennis Nolan

Senator Joseph Neal

Senator Bernice Mathews

Senator Valerie Wiener

GUEST LEGISLATORS PRESENT:

Senator William J. Raggio, Washoe County Senatorial District No. 3

Assemblyman John C. Carpenter, Assembly District No. 33

STAFF MEMBERS PRESENT:

H. Pepper Sturm, Committee Policy Analyst

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Kevin Melcher, Director of Human Resources, Elko County School District

Danny Gonzales, Director, Institutional Research and Assessment, Great Basin College

Janine Hansen, Lobbyist, Nevada Eagle Forum

Raymond C. Bacon, Lobbyist, Nevada Manufacturers Association

Keith Rheault, Deputy Superintendent for Instructional, Research, and Evaluative Services, Department of Education

Karyn Wright, Lobbyist, Clark County School District

Patrick McGuire, Special Education Representative, Commission on Professional Standards in Education

Carole A. Vilardo, Lobbyist, Nevada Taxpayers Association

Ricci Rodriguez-Elkins, Lobbyist, Alliance for Children’s Educational Excellence

Dr. Jane A. Nichols, Chancellor, System Administration Office, University and Community College System of Nevada

Craig Kadlub, Lobbyist, Clark County School District

Mary Pierczynski, Superintendent, Carson City School District

Deborah K. Cahill, Lobbyist, Nevada State Education Association

Terry Hickman, Lobbyist, Nevada State Education Association

Lynne Warne, Nevada State Education Association

Barbara Clark, Lobbyist, Nevada Parent Teacher Association

Chairman Rawson called the meeting to order and announced Senator William J. Raggio, Washoe County Senatorial District No. 3, would introduce three senate bills, Senate Bill (S.B.) 31, S.B. 35, and S.B. 44.

SENATE BILL 31: Authorizes boards of trustees of school districts to provide access to classes at community colleges for gifted and talented pupils and establish program of independent study for gifted and talented pupils. (BDR 34-640)

SENATE BILL 35: Provides for alternate route to teacher licensure. (BDR 34‑637)

SENATE BILL 44: Revises provisions governing class-size reduction program. (BDR 34-643)

Senator Raggio explained these measures came from the Legislative Committee on Education. He said the committee heard testimony on the need to provide challenging curriculum to all students, including gifted students. He said S.B. 31 is patterned after a bill in the California Legislature and authorizes, not requires, districts to establish a program for gifted and talented children. Senator Raggio added the district must assist the student with enrollment and associated fees. He said the bill provides the courses be credited toward advancement to the next grade or high school graduation.

Senator Raggio explained the concepts of S.B. 35 were heard by the Legislative Committee on Education during a series of briefings about the federal No Child Left Behind Act of 2001. He said many states and districts are reaching out to mid-career or retired professionals and recent college graduates with bachelor degrees in an attempt to lure them into the teaching profession. He said the committee concurred with the Teach For America program, which takes persons with existing careers and bachelor’s degrees and prepares them to teach in 6 weeks, usually under a provisional or other temporary license. Senator Raggio said the measure directs the State Board of Education to adopt regulations providing for alternative routes to a teacher’s license for qualified persons with a bachelor’s degree or higher in a subject area.

Senator Raggio said the key part of S.B. 44 provides school districts with the option to use their class-size reduction funds to implement reductions in kindergarten through Grade 6 by permitting student-to-teacher ratios of up to 22 students per teacher. He testified this is only an option; districts may wish to continue with the existing program. He requested support of the measure.

John C. Carpenter, Assembly District No. 33, conveyed the success of the class-size reduction pilot program in Elko County. Assemblyman Carpenter said he has heard from residents, teachers, and students expressing their satisfaction with the program.

Kevin Melcher, Director of Human Resources, Elko County School District, reported he has been coordinating the class-size reduction program for 2 years. Mr. Melcher said when the project was approved in 1999, one-half of the Elko County schools participated. The remaining schools were added in the year 2000. He said there is widespread support in Elko County for the program.

In answer to a question by Senator Mathews, Mr. Melcher said there are 11 elementary schools in Elko County.

Mr. Melcher reviewed the evaluation components of the program: focus groups, classroom evaluations, TerraNova scores, parent-guardian surveys, teacher interviews, principal interviews, teacher surveys, principal and vice-principal surveys, and teacher journals. He stated program costs have gone down since enrollment in Elko County has decreased. He said some modular units, which were leased, have been returned.

Danny Gonzales, Director, Institutional Research and Assessment, Great Basin College, offered a slide presentation, “Report on the Elko County School District Class Size Reduction Demonstration Project” and a summary of the presentation (Exhibit C).

In answer to a question by Senator Mathews, Mr. Gonzales said the survey used the same students at the time observations were conducted.

Mr. Melcher said he supports the idea for other districts to be given the opportunity to be flexible and put plans together that would work best for them.

Janine Hansen, Lobbyist, Nevada Eagle Forum, presented information concerning class size. She said western states are falling behind in education funding when measured in growth of real per-pupil expenditures. She said the effect of less funding for public education in the West is higher pupil-per-teacher ratios. Ms. Hansen said western states’ taxes, as a percent of personal income, are as high or higher than other states. The problem is the enormous amount of land the federal government owns in western states. She said Nevada is impacted $305 million annually as a result of federal land ownership. Ms. Hansen urged officials to build a western states’ coalition.

Senator Cegavske told Ms. Hansen she was aware of the facts presented and is looking into the matter along with Assemblyman Lynn Hettrick, Assembly District No. 39. Chairman Rawson said Ms. Hansen might seek a resolution to Congress concerning this information.

Raymond C. Bacon, Lobbyist, Nevada Manufacturers Association, summarized a handout (Exhibit D) regarding S.B. 35. Mr. Bacon stated the Nevada Manufacturers Association fully supports the testing of people taking the alternative path to become a licensed teacher. He said Nevada currently has about 200 teacher aids and other school staff who have worked to full licensure in 3 years. An aggressive program to recruit additional alternative teachers is needed. Mr. Bacon said many people who come through the alternative licensure route are typically male, minorities, and people with a disadvantaged background. He said these individuals are very important and would be a major asset in our inner-city schools.

Senator Mathews said whenever experiments are done, they are always in inner-city schools.

Mr. Bacon said the result that hopefully comes out of this is exactly the opposite, because the people would clearly have some level of maturity coming from the business world. They would come from a background of understanding minority issues and the bill requires subject matter expertise.

Senator Wiener asked Mr. Bacon if costs would be incurred to compensate mentors for their time. Mr. Bacon answered mentors are compensated in varying amounts. He said there would be minimum requirements, which would be imposed by regulation.

Keith Rheault, Deputy Superintendent for Instructional, Research, and Evaluative Services, Department of Education, presented Exhibit E, a comparison of current Nevada requirements to federal requirements.

Senator Neal asked Mr. Rheault the purpose of licensure and if the ultimate goal is to impart knowledge and skills in the classroom. Mr. Rheault answered licensure is to assure consistency in those teachers being allowed in the classroom, and the goal is to impart knowledge and skills.

Senator Neal asked if the existing process has failed and the licensing process gone too far. Mr. Rheault said, in his opinion, the licensure process has not gone too far.

Senator Neal commented he sees these issues coming to the Legislature, and he is getting to the point where he might not be qualified to make these decisions because he does not know where the Legislature is going to go. He said he is becoming leery of the interjection of the State and the federal government getting into this process.

Mr. Rheault said the regulations are nothing new; they have been in place for 5 years. He said the State has existing regulations, and this matter could possibly be handled through them.

Senator Nolan said he agrees Nevada is failing in a number of national standards. He asked what type of people the State is trying to attract under this program.

Karyn Wright, Lobbyist, Clark County School District, said her job with the Clark County School District is the developer-director of the induction and training for the alternative route to the licensure program process. She said a variety of professionals had come into the alternative route to licensure program. Ms. Wright said there is a strict screening process, including a 150-hour training requirement, and applicants are not automatically entered into the program.

Senator Nolan asked if the applicants are unemployed and looking for jobs, looking to change professions, or interested in helping out in the educational institution in a part-time capacity while maintaining their profession. Ms. Wright said they are fully committed to education and cannot be part time in another profession.

Senator Wiener noted since 1997 there have been 154 successful applicants who are now teaching. She asked if Nevada could satisfy, through regulation, the concept of S.B. 35 and the federal regulations as defined in the No Child Left Behind Act of 2001.

Mr. Rheault said there are a number of things that can be done through regulation, although some regulations are cumbersome. He said currently the process takes 3 years. Mr. Rheault said he does not believe alternative education licensure will ever fill the gaps because districts must assign a mentor, which involves costs. He said if districts could hire an education program individual, there would not be the additional expense. When the program first started, districts were required to prove they tried to hire regularly licensed teachers and could not find them. The situation is beyond that now. Mr. Rheault said the biggest difference to be decided is whether participants move through the alternative route to licensure in 1 year or 3 years. Nevada originally went with 3 years in order to expand the time a teacher has to take courses.

Senator Neal asked Mr. Rheault if fiscal and social conservatives of the United States are putting the proposals forward, since the proposals seem to have nothing to do with teaching children. Senator Neal asked if there is anybody saying these policies may not work. He said educators who see this area daily and understand the process of educating children should realize that one of the things most necessary to education is to have children who can think. He said educators are saying they must respond to policies, but no educators seem to be saying these policies are not going to work, or why they are not going to work.

Mr. Rheault responded there is oversight and the program is not mandated. He said if a district found the process is not working, there is no requirement to hire alternative teachers the second year. Mr. Rheault said the experience in Clark County has been a positive one.

Patrick McGuire, Special Education Representative, Commission on Professional Standards in Education, testified research has shown alternative licensure has been an excellent recruiting tool in Texas and California.

In answer to an inquiry by Senator Cegavske, Ms. Wright said applicants find out about the program by information on the district’s Internet site, information sent home with students, word-of-mouth, and various retirement lists. She said there is a waiting list of potential applicants who contact the license department almost daily, and informational meetings are scheduled in the fall and spring.

In answer to an inquiry by Senator Nolan, Mr. Rheault said since 1997 when the program began, there have been 154 applicants who are now teaching. During that time approximately 2200 new teachers have been hired each year.

Carole A. Vilardo, Lobbyist, Nevada Taxpayers Association, said the association supports S.B. 44, with a modification. She said each district should determine the most effective method to use class-size reduction, and report their results.

Senator Neal asked Ms. Vilardo what is good about the Elko pilot plan. Ms. Vilardo said members of the association who live in Elko have reported the plan has worked. She said when she visited Elko and conversed with teachers, the program was well received. She added the report issued to the Legislature last session showed improved performance and test scores.

Ricci Rodriguez-Elkins, Lobbyist, Alliance for Children’s Education Excellence, testified in favor of S.B. 35. She said 7 charter schools have used the conditional licensing process successfully to place a total of 12 teachers. Ms. Rodriguez-Elkins said this was achieved by using a federal grant called the Transition to Teaching program, which is funded by the U.S. Department of Education, intended to help alleviate the critical teacher shortage.

Senator Wiener said the people in the program Ms. Rodriguez-Elkins described are in the existing 3-year plan. She asked if a 1-year or 15-month program would be just as effective.

Ms. Rodriguez-Elkins said the 3-year maximum was used so applicants would not feel pressure while working and attending school. In answer to an inquiry by Senator Neal, Ms. Rodriguez-Elkins said prior to the existing law, charter schools were having difficulty in recruiting teachers. She said the current school year was the first year that applicants were selected under the program to teach. She said schools have indicated the teachers in the program are doing well, based on internal test scores taken over various periods of time since the beginning of the school year.

Dr. Jane A. Nichols, Chancellor, System Administration Office, University and Community College System of Nevada, testified in favor of S.B. 31. She said school districts would be allowed, not mandated, to pay for gifted and talented students to take community college courses, and students can begin college with credits earned under this plan.

In answer to an inquiry by Chairman Rawson, Dr. Nichols said there have been students who have started college courses early. She said the community college system has authority to set standards.

In response to Senator Cegavske, Dr. Nichols said the bill would expand the gifted and talented program into high schools. She said the community college system has not worked with school districts to see how the bill will impact middle or elementary schools.

Senator Wiener asked if credits earned by pupils under S.B. 31 were limited to advancement to the next grade, or could they be used as credits toward college degrees.

Dr. Nichols said she did not believe the credits would be limited. She said currently the community college system utilizes the dual credit concept for high school graduation and college. Senator Neal asked if the district would be required to pay the costs for all students, regardless of family income. Dr. Nichols replied the gifted and talented students are from all economic backgrounds.

Craig Kadlub, Lobbyist, Clark County School District, said the district supports S.B. 31, as drafted. He said the district supports S.B. 44, and asked if the bill mandates capping of class-size reduction funds at Grade 6, or as determined by each district, but not beyond Grade 6. Chairman Rawson said each district would have the flexibility to determine the use of class-size reduction funds.

Mary Pierczynski, Superintendent, Carson City School District, said school superintendents throughout Nevada support S.B. 44.

Senator Wiener said each school district could offer an individual plan for class‑size reduction.

Ms. Pierczynski stated the superintendents are in favor of local control, since each district is different.

Deborah K. Cahill, Lobbyist, Nevada State Education Association, testified the association opposes S.B. 35. She said the association does not oppose alternative routes to licensure, and supports the current program. Ms. Cahill said the association has been consistent in opposing legislation that could be accomplished through regulation, and would prefer this be under the jurisdiction of the commission on professional standards in education.

Senator Cegavske asked Ms. Cahill if the only opposition to the program is oversight. Ms. Cahill said the association has concern there is nothing that stipulates how the program would be delivered. She said the association would prefer the courses offered through the university system remain, and not courses accelerated without any university participation.

Ms. Wright said the Clark County School District is in support of alternative route to licensing with the procedures currently in place.

Terry Hickman, Lobbyist, Nevada State Education Association, read prepared testimony in opposition of S.B. 44 (Exhibit F).

Chairman Rawson presented Bill Draft Request (BDR) S-930.

BILL DRAFT REQUEST S-930: Makes appropriation to Aging Services Division of Department of Human Resources for development of statistics to determine priorities for funding programs for senior citizens and for publication of results in brochure entitled Nevada Elder Count. (Later introduced as Senate Bill 81.)

SENATOR NEAL MOVED TO INTRODUCE BDR S-930.

SENATOR WIENER SECONDED THE MOTION.