MINUTES OF THE
SENATE Committee on Human Resources and Facilities
Seventy-second Session
February 17, 2003
The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 1:40 p.m., on Monday, February 17, 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 Bernice Mathews
Senator Valerie Wiener
COMMITTEE MEMBERS ABSENT:
Senator Joseph Neal (Excused)
GUEST LEGISLATORS PRESENT:
Senator Dean A. Rhoads, Northern Nevada Senatorial District
STAFF MEMBERS PRESENT:
H. Pepper Sturm, Committee Policy Analyst
Cynthia Cook, Committee Secretary
OTHERS PRESENT:
Dr. Robert Smith, Superintendent, Lander County School District
Satica Jones, Student, Lander County School District
Kayci Itza, Student, Lander County School District
Felicia Itza, Student, Lander County School District
James Holland, Student, Lander County School District
Nadine Smith, Concerned Citizen
Carl Byrd, Concerned Citizen
Russell Olsen, Teacher, Lander County School District
Sandra Olsen, Teacher, Lander County School District
Curtis Jordan, Superintendent, Esmeralda County School District
Deborah K. Cahill, Lobbyist, Nevada State Education Association
Dr. Darlene Schottle, Area Superintendent, Washoe County School District
Dr. Mary Pierczynski, Superintendent, Carson City School District
Frank Brusa, Lobbyist, Nevada Association of School Administrators
Anne K. Loring, Lobbyist, Nevada Association of School Boards
Shyann Edgar, Student, Lander County School District
Kelby Schoorl, Student, Lander County School District
Kim Nelson, Concerned Citizen
Alexandria Nelson, Student, Lander County School District
Miranda Salazar, Student, Lander County School District
Kayla Bare, Student, Lander County School District
Jamie Anderson, Student, Lander County School District
Julie Darrington, Student, Lander County School District
Letisha Hoof, Lander County School District
Craig Smith, Lander County School District
Susan C. Hastings, Lobbyist, Nevada Classified School Employees Association
Chairman Rawson:
We will open the hearing for Senate Bill (S.B.) 59.
SENATE BILL 59: Authorizes board of trustees of school district under certain circumstances to provide program of instruction based on alternative schedule without approval of Superintendent of Public Instruction. (BDR 34-736)
Senator Dean A. Rhoads, Northern Nevada Senatorial District:
When Dr. Robert Smith, Superintendent, Lander County School District, discussed the plan with me, I became aware this is currently being done in other states. In rural areas it is hard for students to get enough hours for education because of travel. This bill will add time to each school day Monday through Thursday, and leave Friday for athletic activities, teacher training, and other educational purposes.
Dr. Robert Smith, Superintendent, Lander County School District:
This bill places no obligation on any district. There is no fiscal impact, and it could save the districts a great deal of money. There has been no specific model chosen by the district. Lander County has had rapidly declining enrollment and needs to find ways to save money. The bill would decrease the use of substitute teachers in classrooms, and it has the potential to do other things.
Satica Jones, Kayci Itza, Felicia Itza, and James Holland, Students, Lander County School District:
We support alternative scheduling. Substitute teachers do not know how to control students like our teachers do. A 4-day school week will allow us to travel long distances for sports activities and medical appointments.
We are going to review the pros and cons. The cons are: days off must be organized and monitored, longer days are hard for the younger students, it can be difficult for parents to make arrangements and pay for extra day care. The pros are: the plan will save schools money, students and teachers will not miss school as much, students can use Friday for extracurricular activities, teachers can get new subjects planned that day, and there will be more contact time in class and more subject planning.
Nadine Smith, Concerned Citizen:
I support S.B. 59. I was on the previous school board in Lander County, and the board voted unanimously for this concept. We believe it will increase instructional time with the teacher in the classroom.
Carl Byrd, Concerned Citizen:
I had the opportunity to serve on a committee to investigate the feasibility of implementing a 4-day school week. Districts who have implemented a 4-day school week report there is no decrease in academic achievement, and in some cases there has been improvement. Cost savings were sometimes used to provide additional programs for students. While an alternate schedule may not be beneficial for all school districts, S.B. 59 would allow each district to make a decision based on their needs.
Russell Olsen, Teacher, Lander County School District:
Due to different needs between
rural and urban schools we need to empower each district to be able to
influence their schedules. Economic problems and
tightened budgets of State and local funding make it important to be more
creative in ways to solve educational problems. Each district should have the
option and freedom to look at different ways to solve problems. We need to give
the power to the districts.
Sandra Olsen, Teacher, Lander County School District:
Rural counties are faced with scheduling problems not common to urban areas. Department stores, doctors, and dentists are often 60 to 80 miles away. Many students and teachers often miss an entire day of school. Alternative scheduling would make it easier for families to meet their needs without missing school. Athletes also miss classroom time to attend competitions, and their grades sometimes suffer. Team coaches miss teaching classes in order to accompany the team out of town. Not all substitute teachers are able to reach the level of regular teachers. Alternative scheduling could give students and teachers a day to pursue sports and family needs without jeopardizing their education. Many rural districts in 23 states across the country have solved similar problems with alternative scheduling. Improved academic performance and increased grade averages were some of the benefits reported. Children with low grades received extra help, and teachers missed significantly less school. Families were supportive of the new schedule.
Senator Mathews:
If the school day begins at 8:10 a.m., the children who live the farthest away must meet the school bus at 6:30 a.m.
Ms. Olsen:
The length of an extended school day, especially in elementary schools, has been one of the major concerns. Reducing recess and lunch period has been considered.
Curtis L. Jordan, Superintendent, Esmeralda County School District:
I am here to speak in favor of S.B. 59. The superintendent of the Dolores County School District in Colorado reports the county has been on the program since 1990, and is a success. The program cut down on absenteeism for both students and staff. Scores are above average for state tests and the ACT assessment test. Students are testing higher than surrounding districts on a 5‑day schedule.
Basically the advantages for Esmeralda County are the cost savings in transportation, utilities, food, and services. I calculate this 4-day school week would have 7 hours of instruction with 1 hour for lunch and breaks. I think this would be a great advantage to all school districts wanting to have greater flexibility in scheduling.
Deborah K. Cahill, Lobbyist, Nevada State Education Association:
The association would like to stipulate there are no concerns with this legislation. Any concerns we might have about the impact to employees are covered under current regulations. The number of hours required of an employee on a workday or a workweek is mandatory, subject to bargaining. I understand there is a collaborative effort in Lander County, and any major change to the contract would require a waiver. Concerns would be addressed through bargaining. We think it is important to educate the whole child, and this is a program to help students participate in athletics. If it would help save art programs, then it is worth looking into with the participation of all involved.
Dr. Darlene Schottle, Area Superintendent, Washoe County School District:
The district supports alternative or flexible scheduling for a slightly different reason than you have heard. We would like to provide support to 17 schools that are currently at risk, and we believe more flexible scheduling would provide an early release day on either a weekly or monthly basis. This would provide opportunities for planning between staff and parents and more intensive training for staff. Staff would have some consistent planning time to put together academic plans for achievement for each group of students under the No Child Left Behind Act of 2001. It would also be beneficial to adjust time lost for snow days. We think this kind of flexibility will enhance student achievement by providing additional time and support for staff and parents within our community.
Dr. Mary Pierczynski, Superintendent, Carson City School District:
The Carson City School District supports S.B. 59 for reasons similar to those expressed by Washoe County. Allowing a flexible schedule in Carson City would help with professional development training for teachers. If this bill were passed, we would change the schedules in conjunction with parents, teachers, and classified employees.
Frank Brusa, Lobbyist, Nevada Association of School Administrators:
Having talked with many of the rural principals over the years, the association is in support of alternative scheduling.
Anne K. Loring, Lobbyist, Nevada Association of School Boards:
We are in full support of this bill, and believe it is appropriate for the Legislature to take this action.
Shyann Edgar and Kelby Schoorl, Students, Lander County School District: We are in the sixth grade and we think it would be a great idea to change our schedule. Think of all the possibilities. We would not have to miss so much school for medical and dental appointments. We think you should eliminate Fridays. Thank you for your time.
Kim Nelson, Concerned Citizen:
Education in rural Nevada has
become more about options. School districts across Nevada have always had
unique issues, and Lander County is no different in that respect. Most rural
northern Nevada counties have been dealing with a decline in enrollment and
revenues due to mining layoffs. This proposed scheduling option would give
communities a viable choice for budgeting around lost revenues without having
to eliminate programs. In Lander County it would provide added benefits. Battle
Mountain and Austin are isolated communities with few services available. If
there is a way to keep teachers and students together in the classroom,
individual communities deserve the right to consider it. The availability of a
weekday to handle these issues could be a huge asset in Lander County.
Consolidating our children’s education schedules will allow many residents more
options for how they live their lives. The parents in our area work varying
schedules in mining jobs, such as 10- to 12-hour shifts, which allows more
flexibility and increases individual production. I expect the same principle to
increase the value of education with a 4-day school week. The longer day should
allow more involved lessons, less rushing to get to the next subject, and a
decreased impact from the time involved to get from one subject to the next. I
also believe it would give the schools a better chance to plan extracurricular
activities that do not interfere with the education of students in an area
where travel is long and grueling. The request is about options, and such a
request is reasonable. Each district in Nevada is diligently pursuing new ways
to meet accountability standards, and this bill should give some peace of mind.
When you look at the various school districts and see them shouldering
the full weight of accountability, I would like you, as our State’s governing
power, to feel confident you gave these struggling districts every option
within your power.
Alexandria Nelson and Miranda Salazar, Students, Lander County School District:
We are here today to lend our support to a 4-day school week. We would have to stay in school longer for those 4 days, but it would allow us to have more time with our families. Longer weekends would allow families to do things together with less stress. We do not think family time can be taken for granted in today’s world. A longer school day could provide more lecture time, and give us a better understanding of the subject. A 4-day week would not require as many substitute teachers throughout the year. One of our teachers had a medical problem and we had many substitute teachers. When our teacher returned, we had to review everything to make sure we had the lesson covered. A 4-day week would give students and teachers the opportunity to schedule appointments on Friday and not miss school. We ask you to give the school districts a chance to choose.
Kayla Bare, Student, Lander County School District:
I rise in support of S.B. 59. I am 12 years old and in Grade 6. Both my parents work rotating schedules at Battle Mountain General Hospital. As a result we have very little family time. If approved, this bill would help correct this concern.
Jamie Anderson and Julie Darrington, Students, Lander County School District:
We came here today to express our feelings about a 4-day school week. Many students from divorced families would have a chance to visit the parent with whom they no longer live.
Letisha Hoof, Lander County School District:
My reason for wanting a 4-day school week is to visit family in other areas.
Nadine Smith and Craig Smith, Students, Lander County School District:
Our reason for supporting S.B. 59 is to allow the school district to schedule activities and classes separately. Without such flexibility, we would miss many classes while traveling to activities. If we continue to be active in sports, which we intend to do, time will be lost. If this bill is passed, students could better organize their time so academics are not interrupted by activities.
Susan C. Hastings, Lobbyist, Nevada Classified School Employees Association:
I would like to express concern about this bill on behalf of the members of the association. We have heard testimony about contracts, loss of hours, and days not being as much as expected. The members cannot endure additional loss of income. Many work second jobs because they do not make enough money. We have heard talk about a 20 percent reduction in the cost of transportation and nutrition services. These are members who would be losing days, positions, and hours. It is compelling to hear people could spend more time with families. My members spend less and less time with their families because they have to work second jobs. This would interfere with the scheduling of those jobs. Any loss of income is too much to endure. I am concerned about the length of day for bus drivers. We already have drivers who leave for work at 3:00 a.m., some not returning until 7:00 p.m. When we talk about family commitments, it is the classified employees who seem to suffer and are not considered in these arguments. When we say the income loss is not as much as you might think, any loss of income to the members is too much to bear.
Chairman Rawson:
How many minutes are now required in a school day?
Dr. Smith:
It varies with the grades. Grades 7 through 12 require 330 minutes each day, and it incrementally decreases in the lower grades. Currently, in Lander County School District, we have excess minutes to cover the current requirements. In the upper grades adding to the 330 minutes would be approximately 40 minutes to make up the equivalent instructional hours. That is in addition to what we are already doing.
Chairman Rawson:
Does this kind of change have to take place across all grades?
Dr. Smith:
Local boards would make those determinations that would best suit the students in each district. The flexibility in this proposed bill would allow that.
Chairman Rawson:
I have a concern in the larger counties when they talk about adding a few minutes to make up for things like snow days. Our State superintendent of instruction currently has the ability to adjust 5 days each school year for a wide variety of reasons. If we add 3 minutes to a period, it means nothing. It is simply lost, and the day is therefore lost. Maybe 5 minutes a period is needed. I do not know where the critical factor is, but by adjusting a minute or two, so the letter of the law is met, does not accomplish our educational purposes. Regarding the testimony heard today, there are things we would call specious arguments. The arguments sound good, but they do not fit into the priorities of educating our youth. We do not want to give students a difficult time in any of those areas. Family is important, but we have to develop the priority that education is important, so vacations are set aside.
Dr. Smith:
Currently in the rural settings with small high schools, up to 40 percent of instructional time is being lost. I stated to the Nevada Association of School Boards that is absolutely unacceptable, and it is something this bill would help correct.
Chairman Rawson:
I think the argument in your favor is the isolation of the rural counties. I suppose we could make a choice on activities versus education. We had one young woman who said she does not want to make that choice, but if need be she will keep up with her activities. That may well be the choice many people make. Can the activities actually be scheduled on Fridays?
Dr. Smith:
We can arrange that. We can disaggregate activity participation and scheduling from academic scheduling. We can do that within the tried-and-true models as one superintendent testified to in another state. We have the flexibility, which is provided by the bill.
Chairman Rawson:
Would bus drivers still be required to transport students to activities on Fridays? I am wondering about the impact on these classified employees.
Dr. Smith:
It would vary by district.
Chairman Rawson:
Do we have any room for bargaining if we want to allow this, but require 50 or 60 additional minutes versus 40 minutes? I am not asking for collective bargaining. I am asking if we, as a committee, have leeway to bargain in order to give this day off.
Dr. Smith:
I think the key is equivalent instructional time. We have instructional days provided by statute that would allow us to go to equivalent instructional hours. We need this so we can separate instruction from activity participation.
Senator Wiener:
You mentioned we could save up to 40 percent of instructional time. We are losing up to 40 percent of instructional time, and I am trying to figure out from where the other 20 percent comes.
Dr. Smith:
Maybe I did not communicate well. We are losing up to a maximum of 40 percent of instruction right now, with the conflicts between activities and instruction. We would like to redeem that.
Chairman Rawson:
I believe he was referring to two different things.
Senator Wiener:
I am just wondering what comprises the 40 percent of lost instruction.
Dr. Smith:
The actual calculations were made in Elko County. They looked at each participant in each activity and found students missed almost half of their instruction time when they were involved in an activity season. We have looked at our own figures, and they are very high. This is a concern as reflected in some of the testing scores for college entrance purposes in Nevada. This is not going to do anything but draw attention to the need to correct the problem.
Senator Cegavske:
It looks like your proposed program would give 30 minutes more per week than is currently required. With 420 minutes per day for 4 days, versus 330 minutes for 5 days, I see an additional 30 minutes per week, is that correct?
Dr. Smith:
We have made our calculations based on 40 additional minutes per day.
Senator Cegavske:
Dr. Schottle, concerning the early release day for the school improvement planning, is that going to cost additional funds outside the teacher contract?
Dr. Schottle:
No. Several schools have designed a plan in order to do this. The teachers would still be working the same number of hours each week, but they would have an additional 20 to 30 minutes per day. On a Thursday or Friday afternoon they would be released within their regular contract time to do joint planning. For clarification, Washoe County would choose to use flexible scheduling which would not impact our classified employees because they would still be driving the children 5 days a week and we would still have the nutrition program 5 days a week. When I mentioned snow days, I was speaking of multitrack, year-round schools, because there is not an opportunity for at least one track in some years to build in the flexible snow day the State has allowed us to use if needed.
Senator Cegavske:
I believe, as a committee, we need to look at whether or not there could be a population cap on this. Perhaps just for the rural areas, for the reasons that have been cited.
Chairman Rawson:
For the record, the current minute-per-day requirement is: 120 for Kindergarten, 240 for Grades 1 and 2, 300 for Grades 3 through 6, and 330 for Grades 7 through 12.
Senator Nolan:
In Clark County a planned development day is usually a day in which children are out of school. If we were to extend a teacher’s day and then give a day to the teacher for staff development, would teachers be paid for additional days?
Dr. Smith:
One possible model would be to have the teacher do preparation outside the instructional day for three Fridays, and then have one Friday per month for professional development activities. We would gain nine professional development days over and above what we now have. I do not anticipate many costs.
Senator Nolan:
I appreciate the fact you do not see additional cost. If you add nine professional development days you require teachers to attend, I do not understand how that would not incur cost.
Dr. Smith:
They are currently teaching on Fridays under contract. Under this model they would have three Fridays off for preparation purposes, which would give them more hours of preparation than they currently enjoy in their contract. Bringing them back for professional development and not interrupting instructional time would not require more days. Currently teachers have 180 instructional days versus 156 instructional days under the plan. The nine professional development days could be added to the 156 days, which still is far short of 180 days. One of the attributes of this program is that it increases activity participation.
Chairman Rawson:
Is there a reason we could not build into this, upon approval by the superintendent of public instruction, checks and balances to see if we are reasonably meeting the goals about which the Legislature is concerned?
Dr. Smith:
That certainly is an option. The intent is to not derogate the power system we have currently. We do know this program needs to be on a local level so the boards can model it to meet the needs of their individual constituents. We did not want to leave the superintendent of public instruction out of it, and certainly we need our local board of directors to be involved.
Chairman Rawson:
Right now, is Lander County the most serious about a major change in their schedule? Are you aware of discussions with other counties?
Dr. Smith:
I have had discussions with district superintendents in White Pine, Mineral and Esmeralda Counties, and they have indicated support. Some larger districts have expressed interest in the flexibility offered in S.B. 59.
Mr. Olsen:
As a teacher, I would rather be in school than elsewhere. Having a substitute is just not the same as having a teacher in the classroom. Money as well as time is lost when substitutes are used.
Dr. Schottle:
I believe Washoe County would be supportive of the insertion of, “with the approval of the superintendent of public instruction.” We will also require, from our school sites, the plan they put together be approved by the area superintendent or the school board to ensure effective use of their time.
Senator Nolan:
I assume there are different rules for each county’s board of trustees for school districts. I think there are a number of parents who work Monday through Friday who would not have the opportunity to have their child in extracurricular activities. I am hoping there is some type of public input to be weighed before the board of trustees of the school districts.
Dr. Smith:
We have embarked on that since fall. We have school committees working on this and receiving input. The information will go to a steering committee before going to the board of directors.
Chairman Rawson:
The larger counties have adopted after-school programs where school facilities and community recreation facilities are open for students. Child care can be an issue if there are two working parents in an isolated area.
Mr. Olsen:
Other states to implement this plan have used the extra day to bring in a teacher for students who need additional help.
Senator Wiener:
How would students who do not need additional help and are not in activities spend Fridays?
Dr. Smith:
We would encourage more students to join activities.
Chairman Rawson:
We will now close the hearing on S.B. 59. I ask for committee introductions for the following bill draft requests (BDRs):
BILL DRAFT REQUEST 34-323: Authorizes school district to sell or lease certain real property for less than appraised value under certain circumstances. (Later introduced as Senate Bill 150.)
BILL DRAFT REQUEST S-304: Makes appropriation to Great Basin College of University and Community College System of Nevada for establishment of oral health clinic in Elko. (Later introduced as Senate Bill 154.)
BILL DRAFT S-1060: Makes appropriation to Nevada Center for Ethics and Health Policy for training of state and local leaders and health care providers regarding human and ethical aspects of bioterrorism. (Later introduced as Senate Bill 153.)
BILL DRAFT REQUEST S-1063: Makes appropriation to University and Community College System of Nevada for renovation of former Mesquite High School for use as part of Community College System. (Later introduced as Senate Bill 152.)
BILL DRAFT REQUEST S-678: Makes appropriation to establish mental health component of community triage center in Clark County. (Later introduced as Senate Bill 151.)
SENATOR CEGAVSKE MOVED TO INTRODUCE BDR 34-323, BDR S-304, BDR S-1060, BDR S-1063, and BDR S-678.
SENATOR WIENER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.)
*****
There being no further business at this time Chairman Rawson adjourned the meeting at 3:00 p.m.
RESPECTFULLY SUBMITTED:
Cynthia Cook,
Committee Secretary
APPROVED BY:
Senator Raymond D. Rawson, Chairman
DATE: