ERIC ED414650: Public Education Policy Structure in Nevada. Background Paper 95-12.

32 Pages·1995·0.41 MB·English

by  ERIC

DOCUMENT RESUME
EA 028 828
ED 414 650
AUTHOR
Sturm, H. Pepper
Public Education Policy Structure in Nevada. Background
TITLE
Paper 95-12.
Nevada Legislative Counsel Bureau, Carson City.
INSTITUTION
PUB DATE
1995-00-00
NOTE
31p.
Descriptive (141)
-- Reports
General (140)
Reports
PUB TYPE
MF01/PCO2 Plus Postage.
EDRS PRICE
*Administrative Organization; Elementary Secondary
DESCRIPTORS
Education; *Governance; Government (Administrative Body);
*Government School Relationship; Governmental Structure;
*Policy Formation; *Public Education; *School
Administration; School Based Management; School Choice;
State Government
*Nevada; State Legislatures
IDENTIFIERS
ABSTRACT
This paper describes Nevada's public education policy
structure and the responsibilities of various administrative and legislative
bodies, including the Nevada State legislature, the governor, the State Board
of Education, the superintendent of public instruction, the State Department
of Education; the Commission on Professional Standards in Education, the
School District Boards of Trustees, school districts, and public schools. The
paper also discusses governance issues regarding school-based management,
charter schools, and school choice. The basic policy structure of Nevada's
system of educational governance follows fairly traditional lines, being one
of the more decentralized states in terms of regulatory authority. However,
several groups that shape education policy are not referenced in state law:
students and their parents, various businesses, parent coalitions, the Nevada
Association of School Boards, the Nevada Association of School
Administrators, and the Nevada State Education Association. The interactions
among governors, chief state school officers, state boards of education, and
legislatures are receiving increasing attention from those involved in
shaping education policy. The biggest challenge facing state policymakers
lies with defining priorities and reaching consensus. Contains one figure and
72 endnotes. The appendix lists education-governance structures in the 50
states.
(LMI)
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*
Reproductions supplied by EDRS are the best that can be made
*
*
from the original document.
*
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BACKGROUND PAPER 95-12
PUBLIC EDUCATION POLICY
STRUCTURE IN NEVADA
RESEARCH DIVISION
LEGISLATIVE COUNSEL BUREAU
U.S. DEPARTMENT OF EDUCATION
PERMISSION TO REPRODUCE AND
Office of Educational Research and Improvement
DISSEMINATE THIS MATERIAL
EDUCATIONAL RESOURCES INFORMATION
CENTER (ERIC)
HAS BEEN GRANTED BY
This document has been reproduced as
received from the person or organization
_6)414.-te.E.A,icfrAtern
originating it.
Minor changes have been made to
Nevada Legislature
improve reproduction quality.
Legislative Building
Points of view or opinions stated in this
TO THE EDUCATIONAL RESOURCES
document do not necessarily represent
INFORMATION CENTER (ERIC)
official OERI position or policy.
...:arson City, Nevada 89701-4747
BEST COPY AVAILABLE
BACKGROUND PAPER 95-12
PUBLIC EDUCATION POLICY
STRUCTURE IN NEVADA
H. Pepper Sturm, Chief Principal Research Analyst
Research Division
Legislative Counsel Bureau
3
TABLE OF CONTENTS
Page,
Introduction
1
Public Education Policy Structure in
Nevada
2
Nevada Legislature
2
Governor
5
State Board of Education
5
Superintendent of Public Instruction
7
State Department of Education
8
Commission on Professional Standards in Education
10
School District Boards of Trustees
10
School Districts
13
Public Schools
"13
Governance Issues
14
Issues and Trends in Governance
14
Reform Issues Affecting Governace
16
School-Based Management
17
Charter Schools
17
School Choice
19
Conclusion
20
Endnotes
23
Appendix A
Education Governance Structures in the 50 States
27
PUBLIC EDUCATION POLICY
STRUCTURE IN NEVADA
INTRODUCTION
It is often stated that education in the United States is
a federal concern, a state
responsibility, and conducted with local control.
In this respect, it is a unique form of
governance among the nations of the world--decentralized yet having broad variations
of control among the states.
In practice, however, the control issue is not that clearly defined.
As late as the
1930s, it could be argued that education
was clearly a local matter considering that it
was in the hands of some 127,000 local school boards. By 1987, however, there were
15,427 operating school districts. The fiscal balance of support for schools has shifted
from the local property tax to state funding. Nationally, the
states provide an average
of 48.9 percent of the costs; communities, 44.8 percent; and the Federal
Government,
6.2 percent.'
School finance experts tend to describe governance of schools as
ranging from low-control to high-control states, with the amount of control correlating
//
with the percentage of state funding.
Within the past 25 years, state control
over education has gone through two major
nationwide policy shifts.
The first, beginning in the late 1960s, started with federal
funding to improve the governance ability of state education departments (the old
Title V of the Elementary and Secondary Education Act).
During that period, school
finance litigation in many states shifted the financial burden to the state level in order
to equalize spending.
The second policy shift is very recent, resulting from greater involvement of
governors
and state legislators in mandating change and accountability. The policy change began
with the state competency testing movement, then
grew into standard-setting and a
search for innovative answers to education issues.
State policy leaders may be
entering a new phase, showing a willingness to
ease further regulation if student
achievement improves through site-based
It is conceded, generally, that
programs.
local leadership has been left out of the current reform movement except to react
once
legislation and/or regulations already are adopted.
While business leadership is not part of the
governance structure, it is becoming an
important influence on it.
Business and industry has always played a role in setting
priorities for education, since the creation of the first major federal role in precollegiate
education--the vocational education programs initiated in 1917.
1
5
In addition, business and industry leaders have participated in all of the reform reports
released in the last 10 years; produced some of their own studies; and influenced policy
by lobbying at federal and state levels and supporting changes through various
business-supported foundations. Although a cohesive view has not yet emerged, the
overall business opinion seems to be that schooling must produce graduates more
literate than those in recent years. Schools must also be more successful with the at-
risk student population and generally prepare young people for a globally-competitive
economy.
PUBLIC EDUCATION POLICY STRUCTURE IN NEVADA
According to a recent report by the Education Commission of the States, Nevada
follows a basic structural model for its system of education governance that is shared
by eight other states; that is, the state board of education is elected by the citizenry and
the board itself appoints the chief state school officer. Appendix A lists the governance
structure in all 50 states. While 44 states conformed to one of four basic models in
1986, by 1993 only 37 states could be so categorized. A number of states had adopted
unique structures, many in response to comprehensive government reorganizations.2
In Nevada, a number of entities are involved in setting education policy. The entities
described in the following section have been given specific policy roles within the public
education structure through the Nevada Constitution and the Nevada Revised Statutes
It should be
(NRS)--see Figure No. 1 for a "flow chart" representation of this structure.
recognized, however, that there are other groups involved in shaping education policy
in this state, including pupils and their parents; business groups; the Nevada Parent
Association
Education
Nevada
and
Association
the
State
Teachers
(PTA);
(NSEA) among others.
Nevada Legislature
In general, the Nevada Legislature has four primary responsibilities for public education.
Providing for a uniform system of common schools;
Prescribing the manner of appointment and duties of the Superintendent of Public
Instruction;
Indicating specific programs and courses of study; and
Maintaining overall budget authority and establishing guaranteed per pupil funding.
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Unlike the United States Constitution, which is silent regarding education, all state
constitutions authorize the state legislature to provide for a system of public schools.
In Mississippi, this authority is discretionary, but in every other state, the constitution
places a mandatory duty upon the legislature. These constitutional obligations often
require state legislatures to establish a "thorough and efficient," "uniform," or "adequate"
system. The Nevada Constitution requires that:
The legislature shall provide for a uniform system of common schools *
*3
While legislatures cannot delegate their lawmaking powers to subordinate agencies,
they can delegate to their respective state boards of education and local school boards
States vary
the authority to develop educational policies within legislative guidelines.
greatly regarding the degree of policy-making authority delegated, but recently a
number of state legislatures, including Nevada's, have become more assertive in
enacting statutes that specify detailed mandates for public schools.
Over the years, the Nevada Legislature has adopted a body of law within the
NRS (Title 34) regarding the system of public schools. Chapter 385 of NRS makes a
specific reference to legislative intent concerning local control:
The legislature reaffirms its intent that public education in the State of Nevada
is essentially a matter for local control by local school districts. The provisions
of this Title are intended to reserve to the boards of trustees of local school
districts within the state such rights and powers as are necessary to maintain
These
control of the education of children within their respective districts.
rights and powers shall only be limited by other specific provisions of law.4
Other sections of Title 34 specify local administrative organization; financial support of
the school system; the system of public instruction; courses of study; textbooks;
personnel; pupils; school property; and the education of pupils with disabilities.
During its biennial sessions, the Legislature acts upon numerous policy and fiscal
with
measures dealing with public education. The two standing committees dealing
policy matters are the Senate Committee on Human Resources and Facilities and the
Bills requiring substantive funding are processed
Assembly Committee on Education.
by the two appropriations committeesthe Senate Committee on Finance and the
During the interim period between
Assembly Committee on Ways and Means.
legislative sessions, fiscal matters are processed by the Interim Finance Committee
in interim study subcommittees
(IFC);5 specific policy issues may be discussed
appointed by the Legislative Commission. 6
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Governor
The Governor of Nevada affects the system of public education in
two principal areas.
The Governor:
Recommends the budget for the State Department of Education and for public
schools; and
Appoints the members of the Commission on Professional Standards in Education.
As the Chief Executive of Nevada's Executive Branch, the Governor is responsible for
submitting a budget to the Legislature, which includes spending recommendations for
public education.' In addition, the Governor appoints the members of the Commission
on Professional Standards in Education.' This body (described later in this section)
establishes policy concerning teacher licensure.
State Board of Education
The role played by a state's board of education is pivotal in the policy realm. Although
the manner of selecting board members may vary among the states (as does/the
relationship between the boards and the chief state school officers), the policy role of
a state's board of education is nearly identical in each state.
Other States
State boards of education were first established in the early 1800s. By 1900, 28 states
had such boards, and by 1973, 49 states had this form of
governance (Wisconsin
remains the only state without a board of education).
In general, state boards of
education are legal administrative bodies with some quasi-legislative or quasi-judicial
authority. They usually adopt rules and regulations and formulate policies that
supplement those prescribed by the state legislatures, and they often
serve as the final
step in the administrative appeals process for education disputes.
In 26 states (including Nevada), state boards of education have the authority to appoint
the chief state school officer (CSSO).
State boards function immediately below the
state legislature in the hierarchy of education governance and are empowered to make
policy within parameters established by the legislature. Nevada is
one of 13 states in
which board members are elected; in 33 states, all board members
are appointed,
typically by the governor.'
In the remaining three states, board members are partly
elected and partly appointed.
5
Nevada
Nevada's State Board of Education (SBOE or Board) consists of 11 members chosen
For the purposes of electing members to the
statewide in non-partisan elections.
(mostly
District 1
Board, the Legislature divided the State into three districts:
2 (mostly Clark County)
elects
Washoe County) elects two members;
District
members.
seven members; and District 3 (the remaining portion of the State) elects two
The term of office is 4 years, and vacancies are filled by the Governor until the next
Members may not be elected to office more than three times."
General Election.
Board meetings are subject to the Nevada Open Meeting Law" with compensation set
at no more than $80 per day for attendance, as established by the Board."
In addition to the general authority to regulate its own activities, the SBOE has certain
legal powers with regard to setting education policy. The Board:
law;"
Establishes statewide public school policy not delegated to other entities by
Appoints the Superintendent of Public Instruction; 14
Prescribes and enforces courses of study for public and private schools;"
Maintains the authority to suspend or revoke a teaching license for cause;"
Selects textbooks;17
Establishes standards for the approval of programs for the education of teachers
of Teacher
which are accredited by the National Council of Accreditation
Education; 18
Prescribes standards for state testing programs;19
Acts as the State Board for Occupational Education; 20
Provides oversight for the State Department of Education (SDOE or Department)
programs;21 and
Specifies pupil attendance policies.22
Finally, the Board is also granted specific authority to establish a higher education
student loan program; form a nonprofit corporation for the acquisition of money for
educational purposes; and prescribe regulations for state and local education entities
under which contracts are to be made with federal agencies.23
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