ACLU opposes bill to establish school Secret Witness programs

By Cy Ryan

Tuesday, Feb. 22, 2011 | 1:55 a.m.

CARSON CITY – A bill that would require school districts to set up Secret Witness programs on campuses has run into opposition from the American Civil Liberties Union, which questioned its constitutionality.

Dane Claussen of the ACLU told the Assembly Education Committee on Monday that Assembly Bill 138 would make students an extension of the police force.

But both the Clark and Washoe county school districts have the programs, which permit a student to anonymously report unlawful activities.

Joyce Haldeman of the Clark County School District told the committee there have been no major problems since the policy was adopted.

Claussen said students “don’t always play nice” and may submit frivolous complaints about other students. The student who is the target of the complaint doesn’t get to confront his or her accuser, Claussen said.

He questioned how much time school administrators would spend tracking down unsubstantiated complaints.

But Assemblywoman Dina Neal, a former teacher, said “snitches are placed in harm’s way.” Neal, D-North Las Vegas, said a student who reports a violation is in danger of getting beat up, but Secret Witness provides a "level of protection."

The bill would require school boards to adopt a policy that allows a student to report anonymously any unlawful activity on school grounds or on a school bus. The district would have to post notices of the policy, the phone number and any other method that might be used to make the reports.

Another section of the bill would repeal an old law that permitted a juvenile court to allow a student who has completed eighth grade to leave school.

Keith Rowe, state superintendent of public instruction, told the committee it doesn’t make sense for a student to leave after eighth grade. He said the law dates back to the 1950s.

The bill would also repeal a second law that allows attendance to be excused if a child 14 or older must support him or herself, or parents. Rowe said there are numerous programs to help such children stay in school.

But Frank Schnorbus and Barbara Dragon of the Nevada Home School Network urged officials to keep these laws on the books. Schnorbus said these are options that have been used in limited circumstances over the years.

The committee did not take any action on the bill.