MINUTES OF THE ASSEMBLY COMMITTEE ON EDUCATION Sixty-eighth Session March 8, 1995 The Committee on Education was called to order at 3:30 p.m., on Wednesday, March 8, 1995, Chairman William Z. Harrington presiding in Room 330 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. William Z. (Bill) Harrington, Chairman Mr. Wendell P. Williams, Chairman Mrs. Gene Wines Segerblom, Vice Chairman Mrs. Patricia A. Tripple, Vice Chairman Mr. Thomas Batten Mr. Max Bennett Mrs. Deanna Braunlin Mrs. Vonne Chowning Mrs. Marcia de Braga Mr. Mark Manendo Mr. P.M. Roy Neighbors Mrs. Jeannine Stroth COMMITTEE MEMBERS ABSENT: None GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: H. Pepper Sturm, Chief Principal Research Analyst OTHERS PRESENT: Keith Rheault, Nevada State Department of Education Henry Etchemendy, Nevada Association of School Boards The hearing was opened on Senate Bill 58. SENATE BILL 58 - Requires adoption of regulations for reciprocal licensure of educational personnel from other states. Mr. Keith Rheault, Deputy Superintendent, Nevada State Department of Education spoke in favor of S.B. 58 from prepared remarks (Exhibit C). He explained when the bill was heard by the Senate Human Resources Committee, it was expected a fiscal note would be attached but this has not been done. It was pointed out no one asked the Nevada Department of Education about costs. The Education Department is not sure where the $3,500 cost of yearly membership in the interstate certification program will come from. The Education Department and the Education Coalition, a group meeting weekly consisting of teacher association, school board associations, support S.B. 58, particularly if a fiscal note covering the cost of membership could be included. Assemblyman Segerblom asked if states surrounding Nevada belong to the Interstate Certification Program. Mr. Rheault stated he believed all neighboring states are already members. He explained there are fifteen states of the forty states currently in the program membership who have agreed to accept any states' teachers with no conditions attached. Assemblyman Segerblom asked if incoming teachers would be required to take a class in Nevada history. Mr. Rheault stated requirements would be made on a state by state basis. Assemblyman Tripple asked if Nevada could accept teachers from other states without joining the program. Mr. Rheault said Nevada could do so working on a state by state basis or getting the information from other states and verbally agreeing with other states. Assemblyman Tripple asked what Nevada got from joining this program. Mr. Rheault explained Nevada just has to distribute its regulations to the consortium and they provide it to all the forty member states and work as intermediaries with the other states. Assemblyman Tripple asked if it offered a way for the people prepared in Nevada to be acceptable to other states as well as it is to make it possible for people trained in other states to be acceptable to Nevada. Mr. Rheault agreed it offered a two way street. The Education Department is looking at the program to save time in Nevada. He explained the licensure staff is quite overwhelmed by the number of new teachers coming into the state. Currently an individual analysis of every transcript must be performed because no agreements exist between Nevada and other states. If reciprocity agreements are obtained, and transcripts are obtained, much time can be saved on both the parts of the Education Department and the prospective employee. Assemblyman Tripple asked if it might save dollars in the employment of the person who has to review the transcripts and, if so, a portion of the cost to join the program could be covered. Mr. Rheault stated the Education Department sees it as a savings but currently a backlog exists of 400 teacher licenses. He noted the department is understaffed and has requested five new staff members in the teacher licensure office to keep up with the growth in this area. In the Governor's recommended budget there are three staff, two analyst, and the department feels with some reductions in time with this program and three new staff, it should be able to keep up with the increase in teacher licensure. It is not anticipated to have salary dollars available to cover the $3,500 yearly assessment. Assemblyman Neighbors asked if any specific concerns were raised when S.B. 58 was heard in the Senate. Mr. Rheault stated on Line 8 "Adopt regulations which provide for the reciprocal licensure ...", there was concern it was meant the department had to provide a reciprocal agreement with any state asking for one. The Legislative Counsel Bureau legal staff examined the issue and the interpretation was it gave the Education Department the opportunity to work with any state. Assemblyman Tripple asked if S.B. 58 was assuming the licensure applicants were licensed in other states and not just trained in other states. Mr. Rheault replied affirmatively. Teachers would have to have an active, current license in another state. Mr. Henry Etchemendy, representing the Nevada Association of School Boards testified in favor of S.B. 58. He voiced the association's support of the bill because of the assistance it will provide to superintendents and districts in recruiting. He expressed how beneficial S.B. 58 would be in assisting the workload in the licensing office of the State Department of Education. He urged the committee to approve the bill. No one spoke against S.B. 58. Chairman Williams arrived at this point in the proceedings. The hearing was opened on Senate Bill 59. SENATE BILL 59 - Revises provisions governing disclosure of questions and answers contained in achievement and proficiency examinations. Mr. Keith Rheault, Deputy Superintendent, State of Nevada Department of Education spoke in favor of S.B. 59 from prepared remarks (Exhibit D). Assemblyman Tripple asked what incident provoked S.B. 59. Mr. Rheault stated some members of the public have requested to see what questions were on the proficiency exams. He was unsure of the value of the questions when the tests are changed. Currently the statute does not allow the questions to be released to the public. The purpose is to provide more information to the public. Assemblyman Tripple stated a format exists with questions. She noted the difficulty in writing questions which are unique. Concern was expressed about some having access to the questions and others not having access. She asked how the Department of Education would keep the questions from being available to only a privileged group. Mr. Rheault replied very few requests are received and those are from the media or the public at large. If a concern exists, copies of the questions can be sent to all school districts. He noted if a question is too closely related to a current question, the question would not be released. Assemblyman Bennett asked why the information was not released when it was no longer being used. Mr. Rheault stated it stemmed from the current wording of the bill, Section 1, Subsection 4, Lines 21-23. Additional language proposed on Page 2 of the bill, Subsection C, changes this. No one testified against S.B. 59. The hearing on S.B. 59 was closed. The committee began a work session. Mr. Batten arrived at this point in the proceedings. A bill draft was presented for committee introduction. BILL DRAFT REQUEST R-547 - Encourages employers to allow leave without pay for employees to participate in school related activities and provide procedure for school to contact parent at work in case of emergency. CHAIRMAN WILLIAMS MOVED FOR COMMITTEE INTRODUCTION OF BDR R-547. ASSEMBLYMAN BATTEN SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. The committee began consideration of Assembly Bill 176. ASSEMBLY BILL 176 - Establishes formula for determining mobility of pupils CHAIRMAN WILLIAMS MOVED DO PASS ON A.B. 176. ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION. Assemblyman Bennett stated testimony from Mary Peterson, State Superintendent of Public Instruction, shows A.B. 176 is not needed. He stated he could not support it. Assemblyman Chowning wondered about the cost figure from the Department of Education. H. Pepper Sturm, Chief Principal Research Analyst, stated he had nothing from the Department of Education. Mr. Rheault reminded the committee a coinciding bill Assemblyman Bache has submitted for $300,000 tied to this bill. CHAIRMAN WILLIAMS AMENDED THE MOTION TO DO PASS AND REREFER TO WAYS AND MEANS. ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION. Assemblyman Stroth reviewed the testimony of Mary Peterson and questioned why the committee should do pass the bill. Chairman Williams referred to the work session work sheet (Exhibit E), page 1 under A.B. 176 and noted the statement, "The Department indicated that subsection (c), lines 10 through 14, represents an additional reporting requirement." He stated the bill is not a duplicate of what is already happening but has added requirements. Chairman Harrington commented what is added is schools would not have to track who moves in and out during the summer. This is not currently being done. He noted Ms. Peterson was concerned with districts being able to do this as well as the fiscal impact. Assemblywoman Chowning asked what benefit the additional reporting would give everyone involved. Mr. Sturm stated it was not clear in testimony that Ms. Peterson was speaking about the school accountability report, requiring this information at the school level currently. The law as currently written sunsets in 1997. Unless it is repealed the information outlined in the bill in Subsections (a), (b) and (d) will no longer be collected at the school level. It will revert to being collected at the district level. He was unsure what would happen with Subsection (c). Chairman Harrington stated he felt the accountability law would be renewed. He stated he felt Subsection (c) increases the numbers and makes the mobility or transiency look larger. The concern is to get more money for schools that are transient in nature. He felt the bill could remain as it is. Assemblyman Braunlin asked about the companion bill with a fiscal note submitted by Assemblyman Bache. Chairman Harrington replied Assemblyman Bache does have a companion bill submitted to Ways and Means with a $150,000 per year to fund schools with a high mobility rate. He wishes to have the formula so the money can be given to the schools with a high turnover. Assemblyman Batten questioned if the schools needing the money would actually get it if the formula were established. Also, would the schools get a true account of the money needed? Mr. Sturm stated the bill establishes the formula to provide the measurements to be used for that purpose. Chairman Harrington stated Assemblyman Bache could better answer and it would have to be seen what the other bill does. This bill establishes the mechanism of figuring out mobility as opposed to what is currently being done and determining transiency. Assemblyman Batten expressed his understanding of Chairman Harrington's comments, and of what he read in the bill, and if he understood it correctly, the bill would never sunset. He felt A.B. 176 does not serve a purpose. He asked if Chairman Harrington had the same understanding. Chairman Harrington stated he felt the bill makes a slight difference from what is currently being done increasing the numbers and showing more mobility within a given school with the change in Subsection (c). Assemblyman Tripple commented the committee was being asked to vote for A.B. 176 because of the other bill. She felt the committee should wait until the other bill is in the Education Committee. Chairman Harrington said the other bill would only go to Ways and Means. Assemblyman Williams made a point of order. A roll call vote on A.B. 176 was held. THE MOTION CARRIED WITH ASSEMBLYMEN BATTEN, BENNETT, STROTH, TRIPPLE AND HARRINGTON VOTING NO. THE REST OF THE COMMITTEE VOTED YES. THERE WERE NO ABSENTEES. The work session on Assembly Bill 158 was begun. ASSEMBLY BILL 158 - Requires free appropriate public education in compliance with federal law for pupils with disabilities who are excused from compulsory attendance. Mr. Sturm explained the testimony given indicated the changes made by the bill were necessary to insure Nevada continues to receive an estimated $12 million in federal funds yearly. According to the Department of Education the bill clarifies existing policy. An amendment was prepared by the State Department of Education deleting the phrase "or attitude" from Section 1, Line 5. The other concern of the committee regarding future financial obligation on the part of school districts is addressed in Paragraph 2 of the letter labeled Attachment A of (Exhibit E). A partial fiscal note is Attachment B of (Exhibit E). CHAIRMAN WILLIAMS MOVED AMEND AND DO PASS ON A.B. 158. THE MOTION WAS SECONDED BY ASSEMBLYMAN SEGERBLOM. THE MOTION CARRIED UNANIMOUSLY. The work session on Assembly Bill 175 was begun. ASSEMBLY BILL 175 - Requires attendance in kindergarten for children of certain age. Mr. Sturm reported the subcommittee's report on A.B. 175 is Attachment C of (Exhibit E). It was recommended by the subcommittee to do pass with the amendments outlined on Attachment C of (Exhibit E) and rerefer to the concurrent committee on Ways and Means. A fiscal note is Attachment D of (Exhibit E). Mr. Sturm discussed the various amendments. Assemblyman Batten stated it was his understanding a child not attending Kindergarten could be tested developmentally and be admitted to first grade upon passing the test. The bill states Kindergarten is a prerequisite to first grade. Mr. Sturm stated it was his understanding home schooling was allowed for Kindergarten because it is allowed for anything mandatory. The child does not have to be in public school Kindergarten as a prerequisite for first grade. ASSEMBLYMAN SEGERBLOM MOVED TO AMEND AND DO PASS A.B. 175. CHAIRMAN WILLIAMS SECONDED THE MOTION. Assemblyman Chowning asked if the motion to adopt the amendments includes the fiscal note. Assemblyman Segerblom explained the bill will have to go to Ways and Means since the fiscal note is attached. Chairman Harrington noted his opposition to A.B. 175. He addressed the fiscal notes and the problems A.B. 175 causes for home schoolers. He noted there is much good research, pro and con, on this subject. Assemblyman Segerblom noted the time already spent on A.B. 175. The subcommittee arrived at the conclusions presented to the committee. She suggested a vote on the bill. Chairman Williams reminded the committee they deal with educational policy not fiscal matters. Ways and Means will deal with the fiscal aspects of A.B. 175. Assemblyman Bennett expressed his opposition to the motion and the bill and disclosed the overwhelming opposition from his constituents. Assemblyman de Braga expressed support for the motion. She noted the state would have to educate any Kindergartners entering any district where Kindergarten is offered. Assemblyman Batten questioned if the subcommittee had received all available information regarding A.B. 175. Assemblyman Manendo echoed Assemblyman de Braga's comments. He also agreed with Chairman Williams' comments regarding policy statements. Chairman Williams stated he felt the committee had not had any information withheld regarding this issue. Any extra information or research could capably be submitted to the committee by Mr. Sturm. Chairman Harrington explained he had been given information by parties who testified on A.B. 175 after their testimony was heard. He had wished to offer this information to the committee for their perusal but time constraints did not allow it. Assemblyman Stroth responded to Assemblyman Manendo's comment regarding establishing policy. As far as policy is concerned with early education, Ms. Stroth felt care needed to be taken not to start too soon. She read an article concerning the Swedish education system. Assemblyman Segerblom reminded Assemblyman Stroth the children are required to go to school at age seven. Earlier education is a suggestion for allowing the children to prepare. Assemblyman Manendo stated he was discussing fiscal considerations when he was discussing policy. Chairman Harrington called for a roll call vote on A.B. 175. THE VOTE ON MOTION TO AMEND AND DO PASS A.B. 175 WAS A TIE VOTE WITH ASSEMBLYMEN CHOWNING, DE BRAGA, MANENDO, NEIGHBORS, SEGERBLOM AND WILLIAMS VOTING YES AND ASSEMBLYMEN BATTEN, BENNETT, BRAUNLIN, STROTH, TRIPPLE, AND HARRINGTON VOTING NO. THERE WERE NO ABSENT COMMITTEE MEMBERS. The bill and amendment will go to the Assembly floor without recommendation. The work session on Senate Bill 58 was started. SENATE BILL 58 - Requires adoption of regulations for reciprocal licensure of educational personnel from other states. ASSEMBLYMAN BENNETT MOVED TO DO PASS S.B. 58. ASSEMBLYMAN STROTH SECONDED THE MOTION. THE MOTION PASSED UNANIMOUSLY. The work session was begun on Senate Bill 59. SENATE BILL 59 - Revises provisions governing disclosure of questions and answers contained in achievement and proficiency examina- tions. ASSEMBLYMAN BENNETT MOVED TO DO PASS S.B. 59. ASSEMBLYMAN NEIGHBORS SECONDED THE MOTION. Chairman Harrington expressed his support for S.B. 59 because professionals can evaluate test questions for bias and appropriateness. Assemblyman Tripple had concerns including the great emphasis put on the exam. The bias responsibility should be put on the people who create the exam. Much of the public does not have the education in this area to do so. She suggested making the information public to those who are qualified to evaluate it. THE MOTION CARRIED WITH ASSEMBLYMEN TRIPPLE AND CHOWNING VOTING NO. There being no further business to be brought before the committee, the meeting was adjourned at 4:40 p.m. RESPECTFULLY SUBMITTED: Barbara Prudic, Committee Secretary APPROVED BY: Assemblyman William Z. Harrington, Chairman Assemblyman Wendell P. Williams, Chairman Assembly Committee on Education March 8, 1995 Page