Memo: NSEA Supports AB285

By: Nevada State Education Association, The Voice of Nevada Educators For Over 120 Years

Published: March 15, 2023 Last Updated: May 17, 2023

AB285 strikes an important balance between ensuring educator and school safety with progressive student discipline, while also maintaining the overall framework of restorative justice. AB285 includes language to authorize the suspension, expulsion, or permanent expulsion of a student who commits a battery or assault against an employee of a school, but also provides a student removed from a classroom for more than 2 days with an option to receive education and support services in an in-person setting. This language reflects NSEA’s initial position on AB168 in 2019, especially in cases when a student is a threat to a teacher. NSEA also appreciates the proposed amendment to AB285 to require the collection of data during each disciplinary action related to school vacancies, class sizes, and ratios of counselors, psychologists, and social workers.

High-profile school violence events are not new and not limited to El Dorado High School in 2022 or the 2013 shooting at Sparks Middle School. NSEA has consistently heard alarming concerns about personal safety from our members across the state. That’s why we have a long history of engagement on the issue of educator safety and student disciplinary practice. NSEA spearheaded the creation of the progressive student discipline system decades ago and during the 2019 session, we were the only stakeholder group raising public concerns about the implementation of restorative justice in AB168. We believe a strong restorative discipline system could reduce incidents where educators sustain injuries. However, this system needs to be proactive and requires significantly more training, attention, and resources.

Since the pandemic, the situation in schools has deteriorated. The pandemic exacerbated mental health issues. And a historic educator shortage, with thousands of vacant positions across the state in addition to the structural shortage with the largest class sizes in the country, makes it nearly impossible to implement even the best plans for school safety and student discipline. Unfortunately, AB168 had a delayed and poor statewide implementation leaving many schools and school districts unsure about the student discipline system, opting for little to no student discipline at all. Educators coined the phrase “restore at the door” to describe the approach many administrators have taken, opting to send disruptive students back into classes after a brief conversation in the hall. This has only made classrooms and schools less safe. Meaningful resources for student mental health and significant investment in the implementation of restorative justice are necessary for the system to have a chance to work. And this needs to go hand in hand with commonsense changes like the ones proposed in AB285

NSEA talks about the Respect Educators Act to elevate the safety, well-being, and autonomy of educators in their work. This includes real accountability for any violence committed against educators and giving educators the tools necessary to deal with disruptive behavior. The Respect Educators Act also calls for the creation of a monitoring committee including educators from across the state, legislators, and NDE to gain a clear understanding of the impact of the laws, ensure consistent implementation, and secure protection for all students and educators.

Public Comment Submitted by Kerri Finn, ESP of the Year and President of the Carson Educational Support Association

Good afternoon, madame chair and committee members,

My name is Kerri Finn and I am a clinical aide in the health office at Pioneer Academy in Carson City. I am also the President of the Carson Educational Support Association.

I am speaking in support of both AB194 and AB285 this afternoon.

As a healthcare professional, I have worked district-wide at many schools. It is not uncommon for me to have to render first aid to different staff members who often come to me in tears. Staff members come to me who have been bit, hit, punched, choked, kicked, and pinched; they come to me with concussions and other head injuries, broken bones, and bruises from being thrown against the wall or having objects thrown at them.

If that’s not bad enough, despite all of that, there are little or no consequences at all for the students who harmed our staff.

Violence against staff is at an all-time high and behaviors are escalating. Throughout the state, educators are one more violent incident away from leaving this profession forever. Physical abuse is not in the job description for an education support professional, teacher, or administrator.

Educators are constantly told that we must provide a safe, respectful learning environment for students but what are Legislators doing to provide a safe and respectful working environment for educators in Nevada?

In 2019, the Carson Educational Support Association along with NSEA warned what could happen if restorative practices were implemented with a lack of funding, guidance, and instruction. Unfortunately, 4 years later, now we know. The current restorative practices Nevada has in place are not working and need to be fixed. The time for change is now!

Educators have spoken a great deal about respect this Session. Many are likely aware of our campaign called The Respect Educators Act. One of the largest components of The Respect Educators Act is about safety. We support AB194 and AB285 to deliver real accountability for any violence committed against us and give all educators the tools necessary to deal with disruptive behavior. Passing these measures goes a long way to showing educators the respect we deserve.

In closing please, consider the ramifications to public education and our educators’ safety across the state of Nevada if restorative practice laws do not change. I urge you to respect educators and pass AB194 and AB285.

Thank you.

Public Comment Submitted by Susan Kaiser, president of Washoe Retired Education Association

In support of the Respect for Educators Act

Dear Chair and Members of the Assembly Committee on Education:

I am Susan Kaiser a National Board Certified middle school science teacher. I retired from WCSD in 2019 after a 25 year career. Over that time, I witnessed a gradual shift of student behavior expectations away from immediate and logical consequences to the current model that does not address disruptive behaviors in a timely way and instead burdens the classroom educator with elaborate interventions and record keeping. In a classroom or school building, order is essential for the safety of all occupants in the building. It requires that adults monitor students to create this safe environment. However, increasingly an educator’s direction leads to student retaliation including verbal abuse, insubordination or even physical attacks on teachers who are asking them to follow school protocols.

As a union Rep, I was asked for help when a special education teacher was pushed by a large male student. She fell to the ground and suffered a back injury which ultimately required surgery. This was an early career educator who was not yet 30 years old. Ultimately, she left the profession but carries the scars of her work with students including chronic back pain symptoms.

Although I no longer work in the classroom, I am in regular contact with colleagues and friends who are active educators. In tearful conversations with them I have learned that the situation has grown worse. Last year the school lavatories were damaged as students tried to compete in TikTok challenges. Students are increasingly bold throwing objects that are sharp or heavy which can cause injury to teachers or other students. Not only are the students and school staff at risk of harm in this environment but effective learning and instruction cannot take place. In some circumstances the teachers are genuinely afraid which increases their stress and re-consideration of continuing their contracts to work as an educator.

We have the evidence before our eyes that the current policies are not producing the results that are essential. The overall disruption caused by unruly students impedes learning, may cause emotional or physical injury to others and may be driving educators to early separation.

I strongly urge you to support both AB 194 and AB 285. Thank you for your time.

Sincerely,

Susan Kaiser, NBCT