MINUTES OF THE ASSEMBLY COMMITTEE ON EDUCATION Sixty-eighth Session April 10, 1995 The Committee on Education was called to order at 3:30 p.m., on Monday, April 10, 1995, Chairman Wendell P. Williams 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 Ms. Patricia A. Tripple, Vice Chairman Mr. Thomas Batten Mr. Max Bennett Mrs. Deanna Braunlin Mrs. Vonne Chowning Mrs. Marcia de Braga Mr. Mark Manendo Mrs. Jeannine Stroth COMMITTEE MEMBERS EXCUSED: Mr. P. M. Roy Neighbors STAFF MEMBERS PRESENT: Jean White, Senior Research Analyst OTHERS PRESENT: Henry Etchemendy, Nevada Association of School Boards Janine Hansen, Nevada Eagle Forum Mary Peterson, Nevada Department of Education Steve Mulvenon, Washoe County School District Deborah Melahn, Washoe County School District Don Darue, Washoe County School District M. K (Ike) Yochum, Sherri Lakin, Nevada Eagle Forum Juanita Cox, People Organized for the Next Generation, People to Protect America Chairman Williams announced A.B. 290 would be heard in subcommittee on Monday, April 17, 1995. The subcommittee meeting will follow the regular committee meeting. The hearing was opened on Assembly Bill 196. ASSEMBLY BILL 196 - Revises date for school districts to report certain information to residents of district. Mr. Steve Mulvenon, Director of Communications, Washoe County School District, explained he had primary responsibility for the school district for production of school accountability reports. Mr. Mulvenon explained there are two sections to A.B. 196. Referring to Section 1, Lines 8 and 9, he noted the requested change is minor and technical. The change requested alters the date by which local school districts are required to complete their accountability reports to parents. The school districts would be required to issue these reports on or before March 31. Currently it is required to report to the parents in March. If districts were able to gather necessary materials earlier, the report could be issued earlier. Each year the previous year's data is reported on. Most of the data is compiled before the end of the year with two exceptions. One is financial information, receipts and expenditures, required. Districts wait until their yearly audit is completed to obtain this information. The other awaited information is the school drop out data, which is compiled in December. Theoretically, if the audit was complete and drop out data compiled, the report could be issued earlier than the currently required March date. Mr. Mulvenon stated information in Section 2 was not generated at the request of the Washoe County School District. He stated the requested changes would give the school districts flexibility in issuing the reports earlier than March, which is a possibility. Ms. Mary Peterson, Superintendent of Public Instruction, Nevada State Department of Education, stated she was prepared to address A.B. 196 and A.B. 197, stating the department was in support of both. She asked the committee for permission to do so. Permission was granted by the chair. The hearing was also opened on Assembly Bill 197. ASSEMBLY BILL 197 - Makes various changes to provisions governing program for accountability of school districts. Ms. Peterson testified on A.B. 196 and A.B. 197 from prepared remarks (Exhibit C). She also distributed a copy of a revised A.B. 197 to the committee (Exhibit D). Asking the committee to first focus on A.B. 197 as it appeared in the bill books, Ms. Peterson explained she would begin to make reference to the distributed revision about halfway through her testimony. The Department of Education submitted the original text of Section 1 of A.B. 197 to make revisions to the law in Subsections 2 (B), 2 (C), and 2 (G). Ms. Peterson explained why the Education Department ceased publishing graduation rates after the 1989-90 school year and discussed how the drop out rate provides more relevant graduation information. She discussed the four bills before the Assembly and Senate regarding accountability. Referring to the amended version of A.B. 197, Ms. Peterson explained several changes taken from A.B. 124, A.B. 196, and S.B. 27, including the replacement of Section 1 with Section 2 as of July 1, 1997. The state education department felt the accountability law should not be replaced and discussed the state funding which must be provided. She stated the department seeks to repeal Subsection 2 of Section 4 of A.B. 197 with adequate funding. The changes discussed in (Exhibit C) would bring greater clarity and meaning to accountability reports. Assemblyman Bennett, referring to Section 2, Lines 34-35, stated he felt the corrections water down what is current because specific identified deficiencies are not being answered. General language for improvement is allowed but specific language is not provided for specific identified deficiencies. Ms. Peterson stated she felt the description of efforts to make improvements has to go to the report in Paragraph (A) and makes it clear. The description of improvements have to be tied to the accountability report. She deferred to Mr. Etchemendy as the recommendation came from A.B. 124, which was put forward from the Nevada Association of School Boards. Mr. Henry Etchemendy, Nevada Association of School Boards explained this item was discussed when the committee discussed A.B. 124. The language in Lines 30- 35 refers to the report each Board of Trustees must submit to the State Board of Education. This is not the report issued to parents and the community. Subparagraph (a) requires a report summarizing the effectiveness of the district's accountability program. In the effectiveness the pluses and minuses are shown. In subparagraph (b) a description of the programs being implemented by the districts as a result of the report on effectiveness is required. This would take care of reported deficiencies. This can be reported on a school by school basis to the state Board of Education if necessary. Mr. Bennett stated any government reporting requires each specific deficiency be addressed. He felt the reporting was not in compliance with other practices at other government levels. Mr. Etchemendy stated no further amendment had been prepared. In the amendment discussed in A.B. 124, the words "correct deficiencies identified in the report pursuant to Paragraph (a)" and added "improve its educational programs." If the language specific identified language was added, it could be acceptable. Assemblyman Segerblom noted sixth graders were just tested, possibly in a nationwide test. She questioned the grades mentioned in the bill for testing as fourth, eighth, and eleventh. Ms. Peterson stated the law was changed in the 1993 session and required statewide testing at grades four, eight and eleven. Previously testing had occurred at grades three, six, nine and eleven. She was unsure of what test Mrs. Segerblom might be referring to . Mrs. Segerblom may have been looking at the nationwide NAPE results. She offered to assist in finding out what sixth grade test was taken. Chairman Williams noted there are currently three bills dealing with the issue. Ms. Peterson explained there were actually four bills, including S.B. 27, A.B. 124. A.B. 196 and A.B. 197. Chairman Williams asked if in the process the involved parties had formed an informal subcommittee to work on the bills. Noting the committee did not have all the bills, Mr. Williams commended the initiative of the parties. He recognized Ms. Janine Hansen and Ms. Juanita Cox who have opposing concerns regarding all four bills. For the benefit of the committee Mr. Williams stated he would like to formalize the informal subcommittee, headed by Assemblyman Bennett, including Ms. Hansen and Ms. Cox, and bring the issue of all four bills back before the committee. He felt a more well rounded opinion could be returned to the committees by all involved. Mr. Williams asked Assemblyman Segerblom to assist on the committee. Mr. Etchemendy, referring to Page 2, Lines 43 continuing to Page 3, Lines 7 and 8, Section 2, explained the bracketed area deletes the requirement for reporting for each school in the district. He stated when the bills were requested the bracketing was not requested. It is not desired to infer to anyone that reporting on a school by school basis be ended. Mr. Etchemendy had discussed this problem with Brenda Erdoes, Chief Legislative Bill Drafter, who attempted to explain why this was done. However, recently Ms. Erdoes told Mr. Etchemendy a way had been found to correct the concern. Mr. Etchemendy told the committee if they felt the appropriate action was to amend and do pass, Ms. Erdoes would write the appropriate amendment to take care of the brackets deleting school by school reporting. Chairman Williams expressed his confidence Mr. Bennett and the subcommittee would allow nothing to go unaddressed. The hearing on A.B. 196 and A.B. 197 was closed. The hearing was opened on Senate Joint Resolution 4. SENATE JOINT RESOLUTION 4 - Urges Congress not to require states to provide educational programs in violation of its enumerated constitutional powers. Ms. Janine Hansen, President, Nevada Eagle Forum, testified in support of S.J.R. 4. A great deal of bi-partisan concern has been expressed regarding federal mandates. These mandates are problematic to states. Ms. Hansen stated she received a report from the National Organization of State Legislatures explaining all states have some form of legislation attempting to deal with federal mandates. She encouraged the committee to reiterate to Congress their concerns regarding federal mandates. Noting local government is one of the things which made our nation great, Ms. Hansen discussed how wonderful it is for local citizens to be able to come and express their concerns. The interest is to eliminate pressures on the states. Much of Nevada's budget is mandated programs. Ms. Hansen distributed an article by Colorado State Senator Charles Duke on the implementation of the Tenth Amendment (Exhibit E). She encouraged the committee to look into what implementation can do and go beyond the scope of S.J.R. 4 after the passage of the Tenth Amendment. Ms. Hansen emphasized the first sentence of Paragraph 4 and Paragraph 5 of (Exhibit E). She explained other states are following up with implementation legislation. She distributed a copy of the Colorado legislation for implementation of the Tenth Amendment (Exhibit F) and to keep the federal government from using funds to "blackmail" the states. Explaining she spoke with Representative Charles Key of Oklahoma, Ms. Hansen distributed a copy of Oklahoma's legislation (Exhibit G). She encouraged the committee to continue to attempt to regain powers for the state and people which belong there. There was no testimony opposing S.J.R. 4. ASSEMBLYMAN MANENDO MOVED DO PASS ON S.J.R. 4. ASSEMBLYMAN HARRINGTON SECONDED THE MOTION. THE MOTION CARRIED WITH ASSEMBLYMAN DE BRAGA VOTING NO AND ASSEMBLYMAN NEIGHBORS EXCUSED. A bill draft request was brought before the committee for committee introduction. B.D.R. 34-1806 - Establishes account to indemnify students enrolled in licensed private postsecondary educational institutions that discontinue service or violate certain laws Questions were raised as to the origin of B.D.R. 34-1806. The committee wished to wait until the information was provided to take action on the B.D.R. There being no further business to come before the committee, the meeting was adjourned at 4:15 p.m. RESPECTFULLY SUBMITTED: Barbara Prudic, Committee Secretary APPROVED BY: Assemblyman William Z. Harrington, Chairman Assemblyman Wendell P. Williams, Chairman Assembly Committee on Education April 10, 1995 Page