Nevada School Law for Teachers Chapter 2 – Flashcards
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Teachers are required to maintain ...?
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Teaching Licenses
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The Nevada Department of Education issues...?
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teaching licenses
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Tenured and Postprobationary teachers protections under the 14th amendment are called
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Due Process
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Nevada has extended due process to
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probationary teachers. (Notify and give a hearing)
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Pickering v. Board of Education
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Teachers enjoy a minimally limited First Amendment right to express opinions.
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Teacher Dismissal: Inefficiency
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Inability to maintain discipline, unprepared, improper teaching technique, refusal to accept advise, emotional instability or lack of self control, undesirable attitude combined with lack of student achievement, lack of knowledge, lack of ability to project knowledge to students
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Teacher Dismissal: Neglect of Duty
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Persistent violation of school laws, rules, regulations or directives such as tardiness, failure to complete lesson plans and reports, failure to handle duties (yard duty)
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Teacher Dismissal: Insubordination
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Persistent violation of directives regarding student discipline, requiring problem students to be sent to the principal's office, use of library facilities while scheduled in class, cleanliness of classroom, failure to allow supervisor to observe in the classroom
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Teacher Dismissal: Conduct Unbecoming a Teacher
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Improper relationship with students, physically threatening attitude, language or behavior, slanderous or libelous statements by a teacher, verbal abuse of students, abusive absence from work, falsification of information
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Teacher Dismissal: Immorality
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Sexual assault, statutory sexual seduction, battery with intent to commit a crime, abuse, neglect or endangerment of a child, incest, open and gross lewdness, annoyance and molestation of a minor, crimes against nature.
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Teacher Dismissal: Good and Just Causes
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Refers to financial or enrollment shortfall that require reduction in the number of teachers or admin.
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RIF
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Reduction in Force
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A post probationary teacher who receives an evaluation of "min. effective" or "ineffective" must be evaluated how many times...?
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three times in the following year.
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Probationary teachers who receive "min. effective" or "ineffective" may request
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an outside evaluator.
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Post probationary teachers are evaluated how many times?
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Once a year.
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Probationary teachers are evaluated how many times?
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Three times a year. (Dec, Feb, April)
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Probationary teachers are employed for three
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one year periods and has no right to employment after.
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Probationary teachers must be notified in writing by March 1 if
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a teacher's chances for reemployment are at risk.
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A post probationary teacher who receives an unsat. eval. for two years, shall be determined
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probationary.
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Letters of Admonition
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can be issued to post probationary teachers.
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Hortonville Joint School District No. 1 Vs. Hortonville Education Association
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US Supreme Court upheld the dismissal of striking teachers in "right-to-work" states.
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Right-To-Work State
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All strikes by teachers are unlawful.
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Union cannot
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assign or transfer teachers, determine work performance standards, determine content of the work day
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Quid Pro Quo
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something for something
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Non-Quid Pro Quo
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actions or verbal messages creating a "hostile work environment".
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Sexual Harrassment
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Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
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Title VII Civil Rights Act protects teachers against...
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Sexual harrassment in the workplace.
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Title VII is enforced by...?
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Equal Employment Opportunity Commission (EEOC)
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Title IX Educational Amendments prohibits...
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Sexual discrimination in educational institutions.
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Title IX is enforced by ...?
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Departmetn of Ed. Office for Civil Rights (OCR)
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Meritor Standard
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Supreme Court defines an abusive work environment as one that a reasonable person would find hostile or abusive.
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Franklin Vs. Gwinett County Public Schools
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Recovery of monetary damages available under Title IX for the sexual harassment of a student by a school teacher when school officials intentionally took no action to halt it.
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Gebser vs. Lago Vista Independant School District
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Lago Vista had no knowledge of sexual harassment by a teacher to a student off school premises and was therefore not held accountable.
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Davis vs. Monroe
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Monroe School Board did not have to award damages because the school was not found deliberately indifferent to the harassment. The school must be on notice, exercise substantial control over the harasser and respond in an unreasonable manner to be in the wrong.
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In effort to address violence on school campuses, statute requires state courts to notify school district to inform
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teachers, school bus drivers, aides, and office managers if a student has, within the preceding 3 years, unlawfully attempted or caused serious bodily harm.
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Progressive Discipline
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teacher has the right to remove violent student from their classroom for up to 3 days, a conference including student, teacher, principal and parent take place no later than 3 days following the removal.
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NRS 392
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Teachers who receive notification of violent students must keep the information confidential
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NRS 392
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Plan for Progressive Discipline
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NRS193 & 200
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Acts of terroism on school campus dealt with by increasing penalties for felonies committed on school grounds, at school functions, or on school buses
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If a student communicates the possession or use of drugs or alcoholic beverages to a teacher in counsel the
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be examined as a witness in court without the consent of the student.
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Except for communication relating to criminal offences for which the punishment is death or life imprisonment, a counselor, psychologist, or psych. examiner must not
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be examined as a witness in court without the consent of the student.
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Nevada law requires that abuse or neglect must be immediately reported to CPS if one suspects abuse even if the suspected even is historical.
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True
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Abuse or neglect of a child:
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1. Physical or mental injury of a non-accidental nature. 2. Sexual abuse or exploitation. 3. Negligent treatment of a child allowed by a person responsible for the child's welfare.
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NRS 432
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The law extends immunity from civil or criminal liability to every person who "in good faith" makes a report on child abuse.
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Teachers are required to report suspected child abuse and neglect, including bullying.
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True
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Office of Parental Involvement and Family Engagement
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Primary purpose to increase parental involvement within public schools.
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Standards Commission must prescribe coursework on parental involvement.
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True
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Regional Professional Development Programs (RPDP's) are required to provide training related to effective engagement of parents with the schools.
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True
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Schools shall provide students and parents information about
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a 4 year academic plan for ninth grade pupils and requirements for graduation, for admission tot he Nevada System of Higher Education and for receipt of the Governor Guinn Millennium Scholarship
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"Fair Use" doctrine of Copyright Act covers
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purpose, nature of the copyrighted work, amount and substantiality of the portion used, effect of use upon the potential market or value of the work
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Fair use guidelines typically allow
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single copies of written material to be used for teaching or research by non profit org., when disseminating multiple copies of copyrighted material, 10% of the work is the max. Users must credit the the copyright holder and are encouraged to seek permission when future use is anticipated.
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Music, lyrics and music videos fall under the 10% guideline but not to exceed
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30 seconds of the work.
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Motion media also falls under the 10% max or
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3 minutes, whichever is less.
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Illustrations or photographs is no more than 10% or
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15 images, whichever is less.
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PBS guidelines for the recording or replay of TV programming
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replay must occur within 10 days of airing, only once and then erased.
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Educators are advised to exercise caution in using digital material from the internet because of
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possible mixture of copyrighted and public domain works. Access on internet does not mean they can be used without permission.
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Printed materials
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Teachers may make one copy of a chapter, on article, a short story, or a short poem. They may make a copy for each student in the class as long as the copy contains copyright notice and meets the brevity test.
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Teachers may never make a second set of copies of a work without
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written copyright permission.
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BREVITY TEST
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Short stories of 2500 words, poems of 250 words, longer works and picture books are restricted to 10%, Only 2 pages from a picture book
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SPONTANEITY TEST:
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Decision to use such works must occur so soon before the class that it is not feasible to obtain permission from the copyright holder.
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CUMULATIVE EFFECT TEST
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Income of the copyright holder is not effected. Copies may be made only one time and used in only one class; copying for use in more than one term is prohibited. No More than three selections can be taken from one work.
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Teachers may not make their own anthologies or
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make copies to substitute for buying the book especially workbooks.