Nevada School Law – Flashcards
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14th Amendment
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No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor deprive person of life, liberty or property without due process of law; nor deny to any person within ins jurisdiction equal protection of the laws.
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Section 1 Legislature to encourage education; appointment, terms and duties of superintendent of public instruction.
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encourage promotion of intellectual, literary, scientific, mining, mechanical, agricultural, moral improvements, plus superintendent.
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Section 2 Uniform System of Common Schools
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school shall be established and maintained in each district at least 6 mo. per year,
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Section 5
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Establishment of normal schools, grade schools; oath of teachers, professors.
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Title VII Civil Rights Act of 1964
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protects teachers against sexual harassment at work
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Title IX of Education Amendments of 1972
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Prohibits sex discrimination in educational institutions.
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Title VII Civil Rights Act 1964, Section 703a
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unlawful for employer to fail or refuse to hire or discharge any individual, or otherwise discriminate regarding compensation, terms, conditions because of sex, race, color, religion, national origin.
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Title IX Education Amendments of 1972, Section 901
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On the basis of sex, may not exclude from participation in, denied benefits of, subjected to discrimination under any ed program or activity receiving federal financial assistance.
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Who enforces Title VII?
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Equal Employment Opportunity Commision (EEOC); Title IX is enforced by US department of Educations office for Civil Rights (OCR).
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Types of Sexual Harassment implied by EEOC
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quid pro quo is something for something, and non quid pro quo refers to actions or verbal messages creating an offensive, hostile or intimidating work environment.
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Sexual Harassment Criteria
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Submission to verbal/physical harassment is term or condition of employment, submission to/rejection of harassment used as basis for employment decisions, harassment interferes with performance or creates intimidating, hostile, offensive environment.
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Meritor Savings Bank vs. Vinson
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...
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Tinker v. Des Moines School Board (1969)
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Maintains right of public school students to freedom of expression. Kids wore black arm bands to protest Vietnam War. Students can wear buttons and arm bands but cannot be disruptive to school's program. Free expression can be limited if disruption has occurred or is imminent.
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Bethel v. Fraser (1986)
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Free Speech may be limited when speech is sexually explicit, audience includes children, and/or audience is captive.
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Morse v. Frederick (2007)
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Allows schools to suppress freedom of expression when disruptive to educational process. Educators may suppress free speech, at a school-supervised event, that promotes illegal drug use.
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Hazelwood v Kuhlmeier (1988)
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Educators can prohibit speech when it conflicts with school's mission and assures that: Participants learn the lessons the activity teaches, listeners/readers are not exposed to inappropriate material, individual views are not erroneously attributed to district.
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Student Publication Guidelines
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No publishing materials that are: obscene, contain profanity, is libelous/slanderous or violates privacy, advocates breaking laws or rules, cause disruption, criticizes race, sex, etc., encourages dangerous actions.
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Student Conduct off School Grounds
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School authority in off-campus school-sponsored activity is same as if activity took place on school property. Also prevents intimidation of students en route to or from school.
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Student Suspension
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In-school suspensions do not require hearing. Short term suspensions require informal hearing. Immediate suspension, without hearing, is appropriate if there is danger to persons or property or disruption is imminent. Long-term suspensions require formal due process hearing.
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Bodily Injuries to School Employees/Drug Trafficking
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1st offense- suspended or expelled no less than 1 semester. 2nd offense- permanently expelled and provided equivalent education.
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Nevada Student Discipline Statutes
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Rules must be provided to each student at start of year and available for public inspection at each school. Students may not be suspended or expelled before receiving notes of charges.
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Firearms and Dangerous Weapons
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1st offense- expelled for no less than 1 year. 2nd offense- permanent expulsion, receive equivalent education.
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Habitual Disciplinary Problems
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If in 1 school year has: threatened or extorted a pupil, teacher; has been suspended for 2 fights on school property; has been suspended 5 times for any reason. Must be suspended/expelled for at least 1 semester; will receive = instruction.
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Notice of Presence of Violent Students
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Employees must be informed of their presence, but not other students. For sexual offenses school will be notified; student will not attend same school as victim.
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Habitual Truancy
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3 or more unexcused absences in 1 year. If truancy is confirmed, misdemeanor is prepared and truant must appear in juvenile court. Criminal charges may be filed against parent.
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Permission for Weapon Possession
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Exception may be permitted by principal in accordance with policies/regulations of board of trustees.
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Board Review "Safety Net" for K-6 Students
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K-6 kids may be suspended for 1 or more semesters only after trustees have reviewed circumstances and approved action in accordance with procedural policies. Firearm possession not accorded in this review.
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Special Education Student Discipline
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Children under IDEA must be disciplined in accordance with the act.
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Student Search and Seizure
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Teachers are acting in place of parents, therefore the standard is "reasonable suspicion" rather than "probable cause".
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New Jersey v. T.L.O.
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Decided 4th amendment does apply to schools, so reasonableness must prevail. Search must be justified by reasonable suspicion and methods of search should not be excessively intrusive.
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Safford Unified District v. April Redding
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Ruled against district because search was excessively intrusive in light of age/sex of student. Was performed solely on unsubstantiated accusation of another student and included body search.
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Random Drug Testing
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Applies only to athletics and other extra curricular activities; urine sample collection method deemed "minimally intrusive".
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Positive Drug Test
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Only limits participation in extracurriculars; results not to be shared with police; no school disciplinary or academic consequences may result.
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Flag Salute/Pledge of Allegiance
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Students who don't participate should not be forced to leave the room or stand quietly. School can compel proper decorum and appropriate behavior.
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Reasonable Force/Corporal Punishment
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Not considered "cruel and unusual" by supreme court- left in hands of state.
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Uniforms/Dress Codes
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May require uniforms. Must describe uniform, designate who will wear them and hours of implementation. Must facilitate purchase for indigent families, may require dress code/uniform for employees.
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Nevada Reasonable Force/Corporal Punishment
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Outlawed in 1993, replaced with law allowing teachers to defend themselves if attacked by student to: quell disturbance if possible injury or damage to property. self defense or defense of other, escort disruptive pupil.
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Student Records Law: FERPA
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Prohibits improper disclosure of personal information, gives parents right to review/confirm accuracy of records. Parents must be notified annually of rights and allowed to inspect and change inaccurate info.
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Definition of Educational Record
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Range of info about student maintained in schools including: DOB, address, contact info, grades, test scores, official letters, SPED, medical, & discipline records, attendance, awards, student ID, SSN, photo...
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Directory of Information
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Personal info that can be made public according to a school system's records policy. May include name, phone, address, and info typically found in yearbooks or athletic programs. Parents must give public notice of info types; parents may ask to remove all/part of info.
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Parental Appeal of Student Record Content
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Written request to change inaccurate records OK. Agency must agree/disagree; if denied, parent must be offered a hearing. Parent may insert explanation of objection. School must allow review of records, may charge a fee, may not destroy records with pending request.
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Eligible Student
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At 18 all parental rights transfer to student; can prevent parents from accessing records.
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Students in Foster Care
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District employees are prohibited from disclosing to anyone not employed by the district, info related to student placed in foster care.
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Grading of Papers by Peers
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Does not violate FERPA; practices should be addressed by local school policy.
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Pierce v. Society of Sisters
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State may reasonably regulate schools; may require school attendance; may not deny right to private education.
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Everson v. Board of Education
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Supported the 1st amendment- separation of church and state.
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Abington & Murray v. Curlett
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Requires state to be neutral toward religion; Bible can be used in secular manner- in historical context, as literature, not devotionally.
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Lemon v. Kurtzman
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Providing state subsidy for nonpublic teacher salaries is unconstitutional; outlawed governmental involvement in non-secular activities, the advancing or inhibiting of religion, fostering of excessive entanglement with religion.
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Bowen v. Kendrick
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Adolescent Family Life Act (AFLA) counseled teenagers to abstain and advocated adoption. Was found not to violate First Amendment.
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Lee v. Weisman: School Sponsored Invocation/benediction
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School sponsored invocations/benedictions at public school graduations DO VIOLATE first amendment.
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Lamb's Chapel v. School: Religious Activities in Public Facilities
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Refusing to allow a church access to school property to show a film with a religious viewpoint, when other organizations are allowed access for similar purposes, violates Free Speech Clause of First Amendment.
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Nevada Law on Church Use of Public Property
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NV Constitution does not prohibit use of school facilities by sectarian groups for occasional services outside of normal school hours, but board of trustees is not required to create limited public forum or permit sectarian activity.
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Zobrest: SPED Services in Nonpublic Schools
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Kid in private religious school gets sign language interpreter free of charge. Programs (IDEA) that provide benefits to broad class of citizens are not prohibited form doing so just because some religious institutions may, in the process, receive an incidental financial benefit. Child is primary beneficiary.
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SPED Services for Private School Kids
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Parentally placed kids in private schools have no individual right to SPED or related services, but public school administrators must meet with private school representatives to develop, review, and revise a "services plan" for each private school child designated to receive services.
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Agostini: Title I Services at Private or Private Religious School Sites
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Providing Title I services at parochial schoolsites is OK; saves money.
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Edwards: Equal Time for Creationism
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Ruled that Act did not have a clearly secular purpose. Teachers may still present science curriculum and other theories besides evolution for origin of life.
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Mergens: Official Recognition for Bible Clubs
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Upheld right of student-initiated religious or political groups to meet on school premises during non-instructional time.
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Brown: Impressions Series Challenge
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Parents claimed that Impressions Series advanced the religion of Wicca. Court found no such message of endorsement- students were not coerced into a disavowal of their parents' religious views.
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Nevada Period of Silence
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Must set aside daily period of silence for meditation, prayer or reflection by pupils.
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Religious Holidays in Public School
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Recognition of holidays OK when purpose is to provide secular instruction about religious traditions and not to promote a particular religion.
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State Board of Education
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Seven (7) voting members, four (4) nonvoting members. Must approve all textbooks, can suspend or revoke license of any teacher/admin on recommendation of Superintendent or district Board of Trustees.
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Superintendent of Public Instruction
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CEO of public education, subject to direction of State Board of Ed. Duties include: issue teacher licenses, supervise activities of department, employ personnel, organize department, any other duties as prescribed by law.
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Commission on Professional Standards in Education
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Prescribes actual qualifications, rules, and standards for NV teacher licensure; has nine (9) members, sets fees for licenses, develops procedures, develops annual report.
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School Districts and School Boards
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Districts are patterned after county boundaries, boards consist of 5 or 7 members.
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Public Meetings and Open Meeting Law
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Requires school boards to conduct public business in meetings that have been publicized and are open to general public. Input from the public is required. Disciplinary hearings of students must be closed and labor negotiations are exempt.
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Charter Schools
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Each charter must provide annual report of accountability.
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Required Teacher License
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DOE maintains directory, notifies school district of employees whose license will expire within next nine months. Does not notify individuals.
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Due Process of Law
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Postprobationary teachers are entitled to due process of law under 14th amendment; district officials must provide reasons/hearing before a teacher's contract is not renewed.
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Reasons for Teacher Dismissal
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Inefficiency, Neglect of Duty, Insubordination, Conduct unbecoming a teacher, Immorality.
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Good and Just Causes
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Financial and/or enrollment shortfalls that require a reduction in teachers and administrators.
