MINUTES OF THE SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES Sixty-eighth Session March 15, 1995 The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 1:45 p.m., on Wednesday, March 15, 1995, in Room 226 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Raymond D. Rawson, Chairman Senator Sue Lowden, Vice Chairman Senator Maurice Washington Senator Kathy M. Augustine Senator Bob Coffin Senator Bernice Mathews COMMITTEE MEMBERS ABSENT: Senator Joseph M. Neal, Jr. GUEST LEGISLATORS PRESENT: Assemblywoman, Chris Guinchigliani STAFF MEMBERS PRESENT: Kerry Carroll Davis, Senior Research Analyst, Legislative Counsel Bureau Linda Chapman, Committee Secretary Mary Gavin, Committee Secretary OTHERS PRESENT: Lucille Lusk, Lobbyist, Nevada Concerned Citizens Keith Rheault, Ph.D., Deputy Superintendent, State Department of Education Janine Hansen, State President, Nevada Eagle Forum Elaine Lancaster, Representative, Nevada State Education Association Terry Hickman, Counselor, Eldorado High School, Clark County School District Sherri Lakin, Member, Nevada Eagle Forum Carol Hunt, Elementary and Secondary Education Association Greg Betts, Lobbyist, Rural School Districts Douglas Jydstrup, Teacher, Member, Nevada State Education Association Henry Etchemendy, Executive Director, Nevada Association of School Boards Chairman Rawson referred to Exhibit C, and read the highlighted portion concerning spousal battery. He asked if the committee wished to request a bill draft for reporting spousal abuse. VICE CHAIRMAN LOWDEN MOVED FOR A COMMITTEE FOR A BILL DRAFT REQUEST WHICH WOULD REQUIRE REPORTING OF SPOUSAL ABUSE. SENATOR COFFIN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Chairman Rawson said he has a bill which revises the provisions governing confidentiality of certain records of the Commission on Mental Health and Mental Retardation. He stated it is an agency bill which requires committee introduction. VICE CHAIRMAN LOWDEN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL. SENATOR MATHEWS SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR NEAL WAS ABSENT FOR THE VOTE.) * * * * * Chairman Rawson opened the hearing on Assembly Bill (A.B.) 4. ASSEMBLY BILL 4: Allows pupils to earn credits toward graduation from high school by completing community service projects. (BDR 34-140) Assemblywoman Chris Guinchigliani, the sponsor of A.B. 4, read from prepared testmony (Exhibit D) explaining the origin of the bill and proposed amendments. Chairman Rawson asked Assemblywoman Guinchigliani for an example of the type of community service which would quailfy under this bill. Assemblywoman Guinchigliani stated Lowell College in Utah, through the University of Utah, has an entire program devoted to community service. She said she requested suggestions on the types of programs they do, and suggested Nevada may want to use their program as a model. Chairman Rawson asked if reading for the blind would be considered appropriate for the program. Assemblywoman Guinchigliani answered in the affirmative, and cited tutoring children at elementary schools as another example. She added working with handicapped and elderly persons would qualify under this program as well. Chairman Rawson expressed his concern that one credit may be too limiting to allow the program to be of real service to the community. Assemblywoman Guinchigliani said the bill allows a student to earn from one-half credit to one full credit, depending on the number of hours of community service performed. She said she does not want to expand it too much because she feels the one credit allows enough flexibility without abusing it. Vice Chairman Lowden said she would like to discuss the philosophy behind this bill as a greater policy issue. She asked for clarification as to the difference between this program and other school-based extra-curricular activities such as participation in the band, or football team, etc., which do not offer the student credit. Assemblywoman Guinchigliani said Vice Chairman Lowden made a valid point. She pointed out high school band is a credited part of the program, but explained after school activities are extra-curricular. She stated the program could be worked out either way within the school system. She surmised it could be a part of the regular school day or the students could arrange to perform the community service after school. She drew attention to the fact that there have been a lot of complaints about kids getting out of school too early in Clark County. She said she feels the students could actually do the community service as a programmed part of their curriculum, perhaps after the school day, so they are involved in something meaningful as opposed to just "hanging out" on the streets. She clarified, in that sense, it is not an extra-curricular activity. Chairman Rawson stated Safe Key is an avenue that the schools can use. Senator Mathews asked Assemblywoman Guinchigliani how many hours will constitute the earned credit. Assemblywoman Guinchigliani said Washoe County requires 100 hours for one-half credit. She said she believes that should be the minimum requirement. Senator Washington asked Assemblywoman Guinchigliani if a student is working if they are allowed credit for that as well. Assemblywoman Guinchigliani said she introduced a bill that was passed last session allowing students in school districts to go into an internship or apprenticeship program and be allowed to apply that toward their curriculum high school credit, but it is only in place in a very limited number of schools at this point in time. Senator Washington asked her what would differentiate this program from the work-credit program. Assemblywoman Guinchigliani said she sees work credit as something completely different from this program in that this program is not aimed at developing certain job skills in preparation for employment, rather it is intended to encourage youth to examine what services they can provide to their community. She said she thinks what has happened in our community today is a breakdown in our "sense of community." She commented many people are unaware of the type of services provided by volunteers. She said she sees this as a means for the students to "grow as people" by giving something back. She clarified that the credit earned for this program would be applicable to "elective" credit only, not for required academic credit substitutions. Lucille Lusk, Lobbyist, Nevada Concerned Citizens (NCC), stated she is not wholly opposed to A.B. 4, and said that the amendments proposed by Assemblywoman Guinchigliani addressed many of the concerns presented in testimony during the hearing in the Assembly. She said there was testimony that specified there should be a minimum of 60 hours per one-half credit, but stated the bill does not specify any requirement for number of hours. She stressed the way the bill is currently written, the school board would prescribe the number of hours with the approval of the State Board of Education. Chairman Rawson said it could be spelled out with a letter of intent or the bill could be amended. Mrs. Lusk said it was also indicated in the previous hearing that the program would be conducted outside regular school hours, but the bill does not indicate that either. She said NCC supports the idea of parental consent. She stressed the community service program should be viewpoint neutral. She maintained if the student has specific, written parental consent to participate in a particular community service event, the issue of viewpoint neutrality is not as critical. Senator Washington asked Mrs. Lusk if she believes the parental consent would supercede viewpoint neutrality. Ms. Lusk said she is inclined to think so. Senator Coffin said he does not know how the program could be conformed to viewpoint neutrality. He added life is not viewpoint neutral. Senator Mathews said she believes parental consent will take care of that issue. Keith Rheault, Ph.D., Deputy Superintendent, State Department of Education, read from prepared text (Exhibit E) to express the State Department of Education's support of A.B. 4, with proposed amendments. Senator Washington asked Assemblywoman Guinchigliani if this program could be applied to summer school. Assemblywoman Guinchigliani said she does not know whether this program will be restricted from summer school programs. Senator Washington asked if that provision could be offered in an amendment. Assemblywoman Guinchigliani said she thinks that would be appropriate. Janine Hansen, State President, Nevada Eagle Forum, provided the committee with a copy of a newspaper article (Exhibit F) which describes mandatory "volunteering" in Pennsylvania. She said the idea of community service is a part of Goals 2000 nationally and is a part of the National Education Association's agenda, and is not really locally generated. Mrs. Hansen explained, while she believes in community service, she does not think it should be mandatory because the main focus of our schools should be academics. She asserted the committee should also address the issue of liability. She said she shares the view that parental consent is a necessary element of this bill. Senator Washington said Mrs. Hansen brought up a good point concerning liability, and asked the committee who would bear that liability. Senator Mathews stated, "the same people who are responsible for it now...if your child falls off a teeter-totter, or whatever at school...who is responsible? It is no different. If they break their leg in the hall, or whatever, the liability is the same if...that's one of the good reasons you want it to have credits because then the child is under the auspices of the school district, and that liability insurance." Dr. Rheault explained, in the Clark County School District work program, the students take out an insurance policy through the Boy Scouts or Eagle Scouts of America. He said in some cases, where they are not paid by an employer, the school district covers them and in some cases the employer or business that hires them is liable for them during working hours. He said he can see it working out the same way with community service programs. Vice Chairman Lowden asked Dr. Rheault if he would comment on the larger policy issue of discrimination regarding the type of activities which would qualify under this bill. Dr. Rheault said he believes most cheerleaders, drill team members, etc. get at least one of their physical education requirements met by participation in those programs. He said most of the other activities, such as the debate team, are tied to other classes such as speech. He emphasized this bill provides for voluntary participation in the program. Senator Washington said he thinks this type of program is beneficial to the youth of our society today. Elaine Lancaster, Representative, Nevada State Education Association, said she was on the National Education Association (NEA) forum when the resolution was passed encouraging students and young adults to get involved in their communities. She stated the NEA is in favor of A.B. 4. She said the NEA believes students should have an opportunity to see what is going on in the real world, and have a chance to contribute to their community. Terry Hickman, Counselor, Eldorado High School, Clark County School District, said one of his major responsibilities is graduation. He said while the motivation to participate in a volunteer program may be fostered by a need for last minute credits, he believes students learn valuable lessons while participating in this type of program. He verified the fact that students do currently receive credit for participation in sports and speech class debates. Sherri Lakin, Member, Nevada Eagle Forum, said she does not object to community service, but opposes this bill for three reasons. She said she thinks the legislature should not start, fund, encourage or continue any programs in Nevada schools that are not directly related to core curriculum such as reading, writing, computation, American history and government and objective science. She said she believes that studying Americanism through government and history would give students a better view of the community than community service would. She said secondly she is opposed to this bill because it connects Nevada with federal legislation. She asserted Nevada should not accept federal money, and should not align itself with federal education ideologies. She declared education should be the concern of parents and local government. She said she believes the only true volunteerism comes from the heart. She concluded saying she opposes this bill because she feels it is a step toward mandatory community service. Carol Hunt, Elementary and Secondary Education Association (ESEA), said she values the opinions of the people who testified before her, but thinks that this program is a worthwhile program which can benefit many students. Doug Jydstrup, Teacher, Cimarron Memorial High School, Member, Nevada State Education Association, said he agrees that true community service only comes from the heart, but pointed out he works with students who have been presented a choice between writing a term paper and "volunteering" for community service. He explained although some of the students object at first, many of them come back and tell him if it had not been for the fact that they were "forced" to participate in community service they never would have realized that this type of activity is really very interesting and worthwhile. He said the point is that although it did not really start out from the heart, for a lot of the kids, it became an avocation and something that they found interesting and exciting. Chairman Rawson closed the hearing on Assembly Bill 4 and opened the hearing on Assembly Bill (A.B.) 5. ASSEMBLY BILL 5: Revises provisions governing term of employment of superintendent of schools of school district. (BDR 34-545) Henry Etchemendy, Executive Director, Nevada Association of School Boards (NASB), testified the current Nevada law states if a person is to be hired as a county superintendent of schools, if he has not served as a teacher or administrator in that district for at least 2 years, he may not be employed under contract for a period of more than 1 year. He reported this has caused a number of problems in recruitment of superintendents. He maintained a prospective superintendent considering a position may hesitate if he is limited to a 1-year contract. He said it does adversely affect the recruitment possibilities of the districts. He stated for that reason, NASB asks for an amendment to the law. He said the revisions appear in lines 8 through 13. Chairman Rawson asked Mr. Etchemendy if the revision allows them to recruit outside the district. Mr. Etchemendy answered in the affirmative. Greg Betts, Lobbyist, Rural School Districts, explained the current language in the law goes back to 1955. He said the law is discriminatory in that it allows for the employment of those within the district for a period of 4 years without addressing credentials, while an administrator in another district who may have 20 years experience as a superintendent can only be employed for 1 year. Senator Augustine asked Mr. Betts how he arrived at the amendment. She asked specifically how it went from just "not to exceed 4 years" to "for an initial term of not to exceed 4 years." Mr. Etchemendy explained that a suggestion was made during the hearing before the Assembly to include the language "for an initial term of not to exceed 4 years." Kerry Carroll Davis, Senior Research Analyst, Legislative Counsel Bureau, said she was told the bill drafter inserted that second sentence. Vice Chairman Lowden said she is curious as to why the "4 years," and where that came from in the first place. Mr. Betts explained that the "4 years" has been around all the time, but it has no magic meaning. He said he suspects the original writers felt that 4 years as a beginning contract was plenty long enough for the employer and the employee. Chairman Rawson clarified the language in the bill would allow a 1-year contract if desired. Chairman Rawson closed the hearing on A.B. 5. There being no further business before the committee, Chairman Rawson adjourned the meeting at 2:45 p.m. RESPECTFULLY SUBMITTED: Linda Chapman, Committee Secretary APPROVED BY: Senator Raymond D. Rawson, Chairman DATE: Senate Committee on Human Resources and Facilities March 15, 1995 Page