Joey Gilbert, a Nevada gubernatorial candidate, says that if he’s elected to office, he would set up a state of emergency that allows taking over public schools in Nevada, as well as addressing the rising instances of violence.
Gilbert is an attorney based in Reno, as well as a former professional boxer. He cited a Nevada Revised Statute which connects to emergency management, and which says that the governor is allowed to implement emergency powers in the case of “the existing and increasing possibility of the occurrence of emergencies or disasters of unprecedented size” such as from fire, an enemy attack, or natural causes, or even from “technological or man-made catastrophes.”
Gilbert is part of a republican field looking to oppose Gov. Steve Sisolak during the general election in November. According to school officials and legal experts, Gilbert would likely find it hard going implementing the proposal he has put forward, which according to him “will allow me to assume full control of all our schools, statewide, and implement a proven plan for turning them around within literally weeks.”
Paul Anderson, a legal authority on such matters who works with Maupin, Cox & LeGoy Attorneys at Law, reminded that the creation of laws is legislative, and even though the governor could overturn statutes which have been in place for years, it would constitute a “pretty extreme action”, which would in turn need some legislative support to move forward. Anderson said he isn’t sure if the situation is dire enough to warrant that kind of intervention.
According to Gilbert, the main reasons for declaring an emergency are increasing violence, poor academic rankings, plus substance abuse found at schools. According to the law, man-made catastrophes include “a crisis involving violence on school property, at a school activity or on a school bus.” This is the same law which Sisolak cited when declaring a state of emergency that’s still ongoing, and which was brought about thanks to the pandemic of March 2020.
The requisites of the law mean the state has to aid the federal government “to the maximum extent” when it comes to carrying out the emergency management functions. Gilbert laid out his plan in detail this week while at Eldorado High School, which is the site of a 16-year old student facing charges as an adult for crimes including sexual assault, murder, and other felonies.
“This provision gives the governor the right to implement emergency powers when local control has failed to resolve catastrophes, including man-made ones. And fail it has, for over a decade,” said Gilbert, who based on the poll is now a top-five primaries-contender that has over a dozen republicans competing.
Gilbert announced that through setting off a state of emergency, he could “individually and thoroughly assess the people who are leading our schools.” He would then be able to find out who is “good” or “poor”, with the latter then being replaced. Upon being asked how he would go about making these determinations, Gilbert said he would examine track records as well as “what’s been taking place” at each school. “Leaders that have been doing a great job will be praised and elevated, and those that have not been doing a good job will be removed,” he said. “It’s as simple as that. Our children’s lives are on the line, and now teachers’ lives are on the line.”
According to Gilbert, the declaration would last no longer than 100 days, and that he would convene a special legislative session for the schools, sitting with appropriate parties. He provided few details of the entailments of the emergency declaration, saying the info would be released, and that students would keep on attending in-person classes parallel to the takeover.
Gilbert said he expects pushback where it concerns teachers unions, and extended them the choice of supporting the teachers as well as the changes that are to be made, failing which they would face decertification. “Never before in our nation has any governor been forced to exercise emergency powers over an entire state’s public school system,” he said. “But never before have any state’s school and political leaders cared so little about its children — their education and their future.”
John Vellardita, from the Clark County Education Association, labeled the announcement by Gilbert as “typical, right-wing Trumponian sloganeering to appeal to his base.” He said that theoretically the governor could intervene to some level, “but for absolutely no reason, absolutely not,” he said. “To suggest that you could do away with collective bargaining, that’s under state statute. … That would have to be passed by the Legislature.”
According to CCSD trustee Katie Williams, the governor could possibly take over, but there would have to be some sort of approval coming in from the Nevada Legislature.
Meanwhile, Gilbert is far from the only one considering the idea of state intervention where it concerns schools. The Nevada State Board of Education has been discussing the amount of authority the state has that could let it place Clark County School District in receivership, because the latter failed to implement Nevada Assembly Bill 469. This bill is a reorganization law passed in 2017 which transfers some responsibilities of the central office over to local schools. One example is that it gives principals autonomy when it comes to hiring staff who they feel fit the school’s needs best.
A subcommittee met in March to discuss the possible event of a state takeover, but it never took action.
A state takeover happens when the state takes control over a school or school district from a local education agency, then gives this to the state education agency. This was explained in a presentation made to the subcommittee on March 14.
