Juvenile Diversion Bill Stopped; Halt to Teacher Testing Heard

A proposal to require county attorneys to try diversion programs before taking young people to court for missing too much school was stopped by a filibuster Monday in the Legislature. And a public hearing was held on eliminating certain testing requirements to become a teacher in Nebraska.

The proposal on diversion programs for students who miss too much school was sponsored by Sen. Patty Pansing Brooks. She said it was aimed at preventing students from entering the juvenile court system, which often leads to involvement in the adult criminal justice system. Instead, she wants to try diversion programs, such as counseling.

“This is just one more way to be able to find out, are the kids being abused at home? Are there economic issues? We heard testimony about a child that was forced to stay at home to take care of their sibling because their mother had to go to work – their single mother. These are real issues, of real kids, in our community,” Pansing Brooks said.

Sen. Curt Friesen questioned the thrust of bills aimed at easing requirements on young people.

“I look at what we’re doing and it just seems like we keep handing out participation ribbons. We can’t say ‘no.’ You know, kids want something, it seems like we all want to give them things. We all want to help them. But parents have forgotten how to say ‘no.’ Sometimes kids ask for things they don’t really need, and then sometimes parents have to say ‘no.’ But we want to be their friend. And we’re not really teaching them that sometimes, you have to say ‘no,’’ Friesen said.

Sen. Wendy DeBoer asked Pansing Brooks about that:.

“Is diversion sort of a ‘get out of jail free’ card, or, with apologies to Sen. Friesen, a participation trophy? Is there any kind of penitential aspect of diversion?” DeBoer asked.

“Yes, and I appreciate your asking that,” Pansing Brooks replied. “The statistics show that diversion works. They are able to work with the kids, either in mental health issues or they’re able to work with kids to help them understand the necessity of going forward. They know that if they don’t go through the programs, then they’re going to be charged with a crime. So this is a step before putting those kids into the system.”

Faced with a filibuster against her bill, Pansing Brooks agreed to drop language targeting excessive absences, and agreed to an amendment by Sen. Mike Groene directing more money to diversion programs in general. But Groene said that concession came too late.

“I brought this amendment to make a bad bill better if possible. But we’re so late in the game, we don’t have enough time to debate this amendment,” Groene said.

Pansing Brooks, a Democrat running for her party’s First Congressional District nomination, said opponents were being disingenuous and basing their opposition on party politics. Her move to cut off debate and vote on the bill attracted 26 votes, seven short of what she needed, dooming the bill for this year.

Monday afternoon, the Education Committee heard a proposal by Sen. Tony Vargas to eliminate requirements that people who want to become teachers must first pass standardized tests of writing, reading, and math, as well as in specific subject areas.

Vargas said eliminating the requirement would help ease the shortage of teachers.

Brian Halstead of the Department of Education supported the bill, saying the department is not confident the tests determine basic skills competency and some people just don’t do well on timed tests.

Adrianne Kruger, a student at Wayne State College, testified about the difficulty she has had with the so-called Praxis exams.

“For the past three years I have taken Praxis and have not passed. As an education major at Wayne State College, it is required that I pass the Praxis before I can even move into my upper-level education courses. Within these three years, I have contemplated changing my major, dropping out of college, and finding other avenues to move on with my education,” Kruger said.

John Skretta, with an Educational Service Unit in Milford that serves 16 school districts in the area, also supported abolishing the test requirements.

“We don’t think that Praxis basic skills was ever intended to become the high-stakes hurdle, or obstacle, or impediment to moving into and getting through a teacher ed program that it’s become, and that you’ve heard eloquently described for you by some folks who’ve -- themselves --have directly experienced the hardship that can be, unfortunately, put upon someone in repeated attempts to pass that, when they’re otherwise performing, not just adequately, but very well academically,” Skretta said.

Vargas said five years ago, about 25 states required tests, but that’s now down to 15. In response to a question from Sen. Lou Ann Linehan, Vargas said he would be open to eliminating the testing requirement for three or four years, and evaluating the results after that. No one testified against the bill.