Bill creates new policies about teacher conduct

CARSON CITY -- A teacher arrested on child pornography charges should not be able to return to the classroom without the school being notified of the arrest, a Reno state senator insisted Wednesday during a debate on proposed education reforms.

It's information school districts need to have, said Sen. Greg Brower, R-Reno.

"Teachers have a special relationship with our children," Brower said. "If teachers are arrested with child pornography, the school districts should know about it."

Brower and Sen. Barbara Cegavske, R-Las Vegas, won approval for an amendment to Assembly Bill 39 that would make school districts develop policies requiring teachers to self-report arrests and convictions. Senate Education Committee members also discussed Assembly Bill 229, a controversial proposal to change the seniority-based "reduction in force" policies used by most school districts.

AB39 was proposed by Assembly­woman Marilyn Dondero Loop, D-Las Vegas, and requires teachers to go through criminal background and fingerprint checks when they are relicensed. Teachers now undergo those checks before they are hired.

The background and fingerprint checks would cost teachers $51.25 on top on an $80 fee they must pay when their licenses are renewed. Teachers with bachelor's degrees must renew their licenses every five years. Longer periods for renewal apply to teachers with advanced degrees.

Senate Education Committee members did not act on AB229, which has proved divisive. Now, within the Clark County School District and many other districts, seniority determines who will be let go when layoffs are necessary. AB229 proposes that performance evaluations, discipline histories, absenteeism and criminal records also should be factors in deciding who gets laid off.

Committee members appeared ready to adopt the plan when Gov. Brian Sandoval's staff presented their own amendment, which recommends that 50 percent of teachers' evaluations be based on their students' classroom performance.

Sandoval emphasized in his January State of the State address that he wants to end the "last in, first out" practice of laying off teachers.

The committee decided to wait until Friday to act on the governor's amendment.

The lack of school district policies that would require teachers to self-report any arrests shocked and surprised lawmakers on the committee.

"This is not about protecting the teachers," Cegavske said. "It is for the kids."

At an earlier hearing in the Assembly, witnesses said schools often find out about teacher arrests through news­paper stories. Some police agencies also notify school authorities of teacher arrests.

Brower, a former U.S. attorney for Nevada, said that many states require teachers to report their own arrests within 72 hours or less.

State Sen. Sheila Leslie, D-Reno, contended there is a big difference between an arrest and a conviction -- many people who are arrested are never convicted.

But Brower, who attended Clark County schools, argued that "teachers could teach months while awaiting trial" on sex crimes, drug charges and other serious offenses.

Ultimately the committee unanimously agreed to amend AB39.

Before the vote, Clark County School District lobbyist Nicole Rourke said her district is considering a limited policy that mandates self-reporting of criminal offenses.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.