Public Comment: AB469 Subcommittee 3.28.22

The Nevada State Education Association has been the voice of Nevada educators for over 120 years. Our comments relate to item #4 on today’s agenda related to proposed definitions and possible regulatory language regarding the definition of “other staff who work under the direct supervision of the principal”.

As this committee considers recommended language, we would advise that the Legislature chooses words carefully, and the term “direct supervision” should not be disregarded. The adjective direct’s first meaning is “extending or moving from one place to another by the shortest way without changing direction or stopping.” In this instance, it more precisely means “without intervening factors or intermediaries”.

Unfortunately, the language provided to this committee by the school district and administrators’ union would specifically allow for "intervening factors or intermediaries" which is exactly what the plain meaning definition of "direct" precludes. Again, the legislature chooses its words carefully, and if it had meant to allow intervening factors or intermediaries, it would not have used the adjective "direct".

An example of direct supervision could be a principal’s supervision of a head custodian or school office manager, which is face-to-face and unmediated, meaning there is nothing or no one, such as another employee in between. To be direct, supervision would have to be immediate, as in “immediate supervisor”, and it would also be first-hand. Therefore, the only language provided to this committee that could be read in harmony with NRS 388G.610 is the language provided by the Education Support Employees Association.