MINUTES OF THE SENATE COMMITTEE ON HUMAN RESOURCES AND FACILITIES Sixty-eighth Session June 19, 1995 The Senate Committee on Human Resources and Facilities was called to order by Vice Chairman Sue Lowden, at 2:50 p.m., on Monday, June 19, 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 Joseph M. Neal, Jr. Senator Bob Coffin Senator Bernice Mathews GUEST LEGISLATORS PRESENT: Assemblywoman Joan Lambert STAFF MEMBERS PRESENT: Kerry Carroll Davis, Senior Research Analyst, Legislative Counsel Bureau Linda Chapman, Committee Secretary Mary Gavin, Committee Secretary OTHERS PRESENT: Carolyne Edwards, Lobbyist, Clark County School District Keith Rheault, Ph.D., Deputy Superintendent, State Department of Education Debbie Cahill, Lobbyist, Nevada State Education Association Susan Rose, Legislative Representative, Washoe County M/CAP, and Assistant Director of Child Assault Prevention Bobbie Gang, Lobbyist, Nevada Women's Lobby, and National Association of Social Workers, Nevada Chapter Vice Chairman Lowden opened the hearing on Assembly Bill (A.B.) 65. ASSEMBLY BILL 65: Requires investigation and reporting of criminal history of certain applicants for licensure or employment in positions related to education. (BDR 34-743) Carolyne Edwards, Lobbyist, Clark County School District, said this bill seeks to deal with an issue regarding employment practices in the Clark County School District. She stated the statute relating to fingerprint requirements does not meet their needs to the extent that it should. She described a situation where the district could hire a person in May to begin work in August, and during that interim time period that person could be arrested or convicted of a felony, and the district would not receive that information. She emphasized all of that could transpire between the time the fingerprints are taken and prior to employment. She said the district's main concern is those who may have been arrested for child sexual abuse, drug use, or drug trafficking. She said A.B. 65 specifies, if an arrest has occurred in those areas, the superintendent of schools can receive that information from the Central Repository, and prevent that person from being placed in the classroom. Senator Neal voiced his concern over the use of the term arrested rather than convicted because many arrests do not result in conviction. He asked Ms. Edwards why it is stated in that fashion, and what the Clark County School District intends to do with the information when they receive it. Ms. Edwards replied the Assembly Committee on Education passed this bill with high commendation, but when it got to the Assembly Committee on Ways and Means, Assemblywoman Giunchigliani voiced that same concern. She said they found that if they went strictly with conviction rather than arrest, where there are plea bargains, the record does not show a conviction. She stressed this bill only provides for arrest information in the specific areas of child sexual abuse, drug use, or drug trafficking. General discussion ensued relative to the difference between information provided relative to arrest versus conviction. Several members of the committee voiced their concern about the presumption of innocence until proven guilty. Ms. Edwards told the committee the Clark County School District is under the gun to protect children, and finds this bill necessary because they employ about 17,000 employees, most of whom work directly with children. She explained the current background investigation requires an initial fingerprint check, but subsequent to the date of the check, arrest or conviction information is unknown to the school district. She insisted the district needs to know if an employee is arrested for an offense in those areas subsequent to their hire date. Vice Chairman Lowden asked Ms. Edwards if the current fingerprint process reveals arrests as well as convictions. Ms. Edwards answered in the affirmative. Vice Chairman Lowden asked Ms. Edwards if the Clark County School District would refuse to hire someone on the basis of an arrest without a conviction. Ms. Edwards replied each case is handled on a per person, per case basis, and the legal division would investigate the matter. Vice Chairman Lowden asked if the Clark County School District has ever hired anyone who had been arrested for child abuse, or drugs, because the information was examined on a case-by-case basis. Ms. Edwards said she does not have sufficient information to answer that question. She asserted the onus is on the school district, because the responsibility for any mistake in handling that information falls on the district. She added the employees in the Clark County School District have the protection of their bargaining unit, and the legal services of that bargaining unit. Senator Washington referred Ms. Edwards to page 4, line 42, which states, "advisory committee," and asked who comprises the advisory committee, and what their purpose is. Ms. Edwards deferred to Keith Rheault, Ph.D., Deputy Superintendent, State Department of Education. Dr. Rheault told the committee he believes the advisory committee refers to the Central Repository. Senator Washington asked Dr. Rheault what the purpose of the advisory committee is. Ms. Edwards replied the function of the Central Repository is to pass the information along to the State Department of Education. Dr. Rheault explained applicants are fingerprinted only once upon application for license and the check is run through the Federal Bureau of Investigation (FBI) and the Central Repository. He advised, if there is a rap sheet on an individual applying for a license, the Central Repository sends the rap sheet to the State Department of Education. Next, the director of teacher licensure reviews the rap sheet to see if there has been a felony conviction, and further investigates any uncertainty as to what is on the rap sheet before the State Department of Education can notify the districts because current law prohibits them from disclosing any information unless there is a felony conviction. Senator Washington asked Dr. Rheault if an arrest record without a conviction would prevent the school district from hiring an individual. Ms. Edwards explained, prior to the hiring process and before prospective employees apply to the school district, a license must be issued by the State Department of Education. Senator Washington asked Ms. Edwards how the process works if one seeks employment as a janitor. Ms. Edwards replied that position also requires fingerprinting, but would not require a license, and those applicants are reviewed on a case-by-case basis. She asserted, if the facts indicate a person was arrested but not convicted, it probably would not prevent that person from being employed. Senator Washington asked if the applicant has to pay for the fingerprint processing whether or not they are hired. Ms. Edwards answered in the affirmative. Senator Augustine asked Ms. Edwards: Wasn't the real nemesis [sic] of this bill, did it not come from the principal in Clark County? Was it at Four Acres, or whatever the name of the school is, who had actually been investigated on a sexual assault charge or something somewhere back east, Louisiana, or someplace, and was now a principal in Clark County, and it came back out? Ms. Edwards replied she does not know. Senator Augustine said: That's what's happened. He's been tried and convicted of something that was never...he never did receive a conviction, and I think, from what I have heard across the board here, on the committee, is that we're having a real problem with anything that is not a conviction. And I don't think the problem really is that you have been fingerprinted, and then in the meantime you may be arrested. I think that you are really looking, because I know I've had to be fingerprinted, that you are really looking for somebody, you know, who has just been arrested on a charge before they have been convicted. I don't think that should have anything to do with somebody's employment. We're not the judge and jury here, that we're going to shut somebody out of a job just because they have been arrested, you know, because anybody could file false charges. Ms. Edwards insisted she is unaware of the scenario Senator Augustine described. She said the bill originated with Georgann Rice, Ph.D., Assistant Superintendent for Human Resources Division, Clark County School District. She told the committee Dr. Rice is an attorney who came into the district, and feels the lack of availability of arrest records is a flaw within the system. She maintained the scenario described by Senator Augustine was at no time brought up in testimony given to any committee. Ms. Edwards insisted, as harsh as the committee thinks this bill is, it pales in comparison to what the district faces in dealing with parents whose children may be exposed to persons who have arrest records in the areas of child sexual abuse, drug use or drug trafficking. She reiterated those areas are the only areas which the Clark County School District is asking to have reported. Senator Neal said what troubles him about Ms. Edward's testimony is that she keeps saying, "We want to know, we want to know." He requested Ms. Edwards to tell the committee what they are going to do with that knowledge. Ms. Edwards reiterated the legal department and bargaining units will deal with the information on a case-by-case basis. She added there are many safeguards within the system. Senator Neal asserted they are going to use the knowledge to look at an arrest record and determine whether or not a person should work with children. He asked Ms. Edwards for confirmation. He added, if that is the case, they are probably going to deny that person a job. Again he asked for confirmation. Ms. Edwards reiterated there are many safeguards in place that would prevent the district from denying a job to a truly innocent person. Senator Neal said his basic problem with this is that black people are subject to arrest based on their color, or an unfounded suspicion. He insisted arrest records remain even if a conviction does not occur. Vice Chairman Lowden asked Ms. Edwards if she would be willing to amend the bill to change arrested to convicted or plea- bargained. Ms. Edwards emphasized they have worked for 6 months on the bill with very pure intent, which is the protection of children, however, the bill is important enough to the Clark County School District they are willing to make a change to save the bill. Senator Mathews told Ms. Edwards there is no one in the Senate that cares more about the welfare and safety of children than she does. She said she has taken kids off the street, taken foreign students when they had no place to go, and taken in black males when there was not a place in Reno they could go. She insisted this bill creates a "big brother" police state if one can be prevented from getting a job just because they have been arrested or investigated. Senator Washington informed Ms. Edwards he could support the bill if the amendment suggested by Vice Chairman Lowden was made. Senator Coffin stressed the committee needs to find some language to allow something to happen here, because when you look at the parallels in the state; for example, the gaming industry being a privileged industry, one does not have to be convicted of a crime to be denied a license, or the right to work. He said it has been determined that it is in the best interest of the state that if one has been arrested a number of times, but perhaps not convicted, they are not suitable to be employed by the gaming industry where they would be handling money, etc. He said in the case of handling children, while teaching is not a privileged job, the teaching of children is a privilege. He said, without trying to make the teaching profession a privileged industry, and without trying to allow the educational employees to be discriminated against, we have to find a way to get the districts the knowledge of some activity of some kind. Chairman Rawson suggested they leave the language a person has been arrested and add the words and subsequently charged, plea- bargained, pled nolo contendere, or convicted, or demonstrated a pattern of behavior dangerous to children. Senator Augustine insisted it has to be convicted or plea- bargained. Ms. Edwards explained they have tried all that, but said the Central Repository does not have that information. She stated the repository has two pieces of information: an arrest and a conviction. Chairman Rawson asserted the law could state that if a person is arrested, notification is given to the superintendent, but at that point the school district does not have the right to deny the applicant employment, but if further investigation determines there is a pattern, or there has been a plea bargain, they might have the means to deny employment. Senator Coffin asked Ms. Edwards if the Central Repository can tell the school district if there have been two arrests. Ms. Edwards answered in the affirmative. Senator Coffin asserted that would reveal a pattern. Senator Augustine asserted the same person could file two charges for which one could be arrested, and feels that the committee opens itself up unless they stick strictly to convictions. Vice Chairman Lowden asked Ms. Edwards if a plea bargain is considered a conviction. Ms. Edwards replied Ms. Giunchigliani investigated this matter thoroughly and determined if a plea bargain is reached or a plea of nolo contendere is entered, there is not a conviction, per se. She re-emphasized the district is just looking for persons who have a pattern of arrests related to the specific areas of child sexual abuse, drug use or drug trafficking. She asserted, if it is the pleasure of the committee to change the language to convictions alone, it is more than they have now. She reiterated the district currently receives no information subsequent to the initial fingerprint investigation. Senator Neal suggested a simple solution to the problem would be for the district to require an applicant to reveal that information on his application. Ms. Edwards explained that is currently required, but it is the period of time which follows the initial investigation that is left unaddressed. She said they are looking for an alert from the Central Repository after the initial licensure or employment. Senator Neal queried Ms. Edwards at what point a teacher receives a license. Ms. Edwards replied the licensure precedes any employment contract. Senator Neal asked Ms. Edwards at what point a teacher fills out an application. Ms. Edwards replied prior to licensure. Senator Neal asked Ms. Edwards if the district could require the applicant, in the employment contract, to report any arrest subsequent to his hiring by the district. He surmised that would give the district the means to terminate employment if an employee violates that provision of the contract. He asserted that it would also hold up in court. Ms. Edwards told the committee she would be remiss if she did not encourage them to consider passage of A.B. 65 with amended language. She said she will take Senator Neal's suggestion back to the district. SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.B. 65. SENATOR MATHEWS SECONDED THE MOTION. Dr. Rheault advised the committee the State Department of Education will support A.B. 65 with the amended language, and make any changes in procedure necessary to support it. Senator Augustine clarified all reference to arrests in the bill will be changed to include only convictions. THE MOTION CARRIED UNANIMOUSLY. * * * * * Vice Chairman Lowden opened the hearing on Assembly Concurrent Resolution (A.C.R.) 42. ASSEMBLY CONCURRENT RESOLUTION 42: Urges school districts and Board of Regents of University of Nevada to develop and provide training regarding child abuse. (BDR R-2120) Debbie Cahill, Lobbyist, Nevada State Education Association (NSEA), told the committee this resolution replaces Assembly Bill 577 which required all licensed personnel to get 8 hours of training in recognizing and reporting of child abuse prior to license renewal. She said the Assembly was not in favor of the bill, and encouraged them to bring forward this resolution. She said A.C.R. 42 simply encourages the local school districts to provide training, the instructors avail themselves of that training, and the universities to make sure the training is a part of their teacher preparation program. She voiced NSEA's support for the resolution. ASSEMBLY BILL 577: Requires certain educational personnel to complete program for detection and reporting of abuse or neglect of children as condition for issuance or renewal of license or endorsement. (BDR 34-1085) Senator Washington asked Ms. Cahill if NSEA would object to another resolution, or amendment of this resolution, to also encourage teachers to acquire training to recognize disabilities. Ms. Cahill replied they would not object to a resolution of that nature, but suggested disabilities be addressed in a separate resolution. Assemblywoman Joan Lambert, Assembly District No. 29, told the committee the lack of training for professionals who are expected to report child abuse or neglect presents a liability problem for those professionals. She opined it is important for teachers to be trained to recognize possible child abuse or neglect, and concluded that is the intent of this resolution. Vice Chairman Lowden asked Ms. Lambert if she has any idea of the cost for school districts to provide the training programs encouraged in A.C.R. 42. Ms. Lambert replied it may be accomplished through in-service training within the districts, but some rural counties may look to the State Department of Education for assistance in providing the training. She said she hopes this resolution will encourage the University and Community College System to offer training courses of this nature to new teachers, and provide continuing education credit for existing teachers toward license renewal. Susan Rose, Legislative Representative, Washoe County M/CAP Team, and Assistant Director of Child Assault Prevention, told the committee she did some research into the courses currently offered at the university relative to child abuse and neglect. She said two courses fall broadly within this category: educational psychology, and child and family guidance. She described the course content which was included in the information package (Exhibit C), and insisted neither course specifically addresses the area of child abuse and neglect. Senator Augustine asked Ms. Rose how the teachers can be expected to report child abuse and neglect when they are not trained to recognize it. She further asked why the University and Community College System does not even offer the classes to train the teachers. Ms. Rose replied legislation has been in the works for years relative to this issue, but the funds have been lacking to develop the curriculum to accomplish it. She said a guide for mandated reporters of child abuse and neglect is presently being printed. Ms. Lambert expressed her dismay in finding there is a legislative mandate for teachers, counselors, and others to report child abuse and neglect, but training is not mandated. She maintained A.C.R. 42 is a small attempt to "fill the holes." Senator Augustine asked Ms. Lambert if she has any objections to including identification of physical disabilities in this resolution. Ms. Rose pointed out those qualified to train teachers to recognize child abuse or neglect may not possess the expertise to train them to recognize physical disabilities, and suggested the programs would probably have to be taught separately. She added she does not, personally, have a problem with including that as long as it does not impede the passage of the resolution. Ms. Lambert maintained it would be easier to draft a separate resolution dealing with the issue of disabilities than to amend A.C.R 42 because they are clearly distinct issues. Senator Washington said he favors an amendment over drafting another resolution. Senator Neal told Vice Chairman Lowden he will not support an amendment to the resolution. Bobbie Gang, Lobbyist, Nevada Women's Lobby, and the National Association of Social Workers, Nevada Chapter, told the committee both groups support A.C.R. 42. She said they feel the mandated reporting is a very important part of Nevada's statutes. Senator Mathews expressed her support for the resolution without amendment. There being no further business before the committee, Vice Chairman Lowden adjourned the meeting at 4:15 p.m. RESPECTFULLY SUBMITTED: Linda Chapman, Committee Secretary APPROVED BY: Senator Raymond D. Rawson, Chairman DATE: Senate Committee on Human Resources and Facilities June 19, 1995 Page