Nevada School Law for Teachers Chapter 2

Flashcard maker : Ruth Jones
Teachers are required to maintain …?
Teaching Licenses
The Nevada Department of Education issues…?
teaching licenses
Tenured and Postprobationary teachers protections under the 14th amendment are called
Due Process
Nevada has extended due process to
probationary teachers. (Notify and give a hearing)
Pickering v. Board of Education
Teachers enjoy a minimally limited First Amendment right to express opinions.
Teacher Dismissal: Inefficiency
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
Teacher Dismissal: Neglect of Duty
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)
Teacher Dismissal: Insubordination
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
Teacher Dismissal: Conduct Unbecoming a Teacher
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
Teacher Dismissal: Immorality
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.
Teacher Dismissal: Good and Just Causes
Refers to financial or enrollment shortfall that require reduction in the number of teachers or admin.
RIF
Reduction in Force
A post probationary teacher who receives an evaluation of \”min. effective\” or \”ineffective\” must be evaluated how many times…?
three times in the following year.
Probationary teachers who receive \”min. effective\” or \”ineffective\” may request
an outside evaluator.
Post probationary teachers are evaluated how many times?
Once a year.
Probationary teachers are evaluated how many times?
Three times a year. (Dec, Feb, April)
Probationary teachers are employed for three
one year periods and has no right to employment after.
Probationary teachers must be notified in writing by March 1 if
a teacher’s chances for reemployment are at risk.
A post probationary teacher who receives an unsat. eval. for two years, shall be determined
probationary.
Letters of Admonition
can be issued to post probationary teachers.
Hortonville Joint School District No. 1 Vs. Hortonville Education Association
US Supreme Court upheld the dismissal of striking teachers in \”right-to-work\” states.
Right-To-Work State
All strikes by teachers are unlawful.
Union cannot
assign or transfer teachers, determine work performance standards, determine content of the work day
Quid Pro Quo
something for something
Non-Quid Pro Quo
actions or verbal messages creating a \”hostile work environment\”.
Sexual Harrassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Title VII Civil Rights Act protects teachers against…
Sexual harrassment in the workplace.
Title VII is enforced by…?
Equal Employment Opportunity Commission (EEOC)
Title IX Educational Amendments prohibits…
Sexual discrimination in educational institutions.
Title IX is enforced by …?
Departmetn of Ed. Office for Civil Rights (OCR)
Meritor Standard
Supreme Court defines an abusive work environment as one that a reasonable person would find hostile or abusive.
Franklin Vs. Gwinett County Public Schools
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.
Gebser vs. Lago Vista Independant School District
Lago Vista had no knowledge of sexual harassment by a teacher to a student off school premises and was therefore not held accountable.
Davis vs. Monroe
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.
In effort to address violence on school campuses, statute requires state courts to notify school district to inform
teachers, school bus drivers, aides, and office managers if a student has, within the preceding 3 years, unlawfully attempted or caused serious bodily harm.
Progressive Discipline
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.
NRS 392
Teachers who receive notification of violent students must keep the information confidential
NRS 392
Plan for Progressive Discipline
NRS193 & 200
Acts of terroism on school campus dealt with by increasing penalties for felonies committed on school grounds, at school functions, or on school buses
If a student communicates the possession or use of drugs or alcoholic beverages to a teacher in counsel the
be examined as a witness in court without the consent of the student.
Except for communication relating to criminal offences for which the punishment is death or life imprisonment, a counselor, psychologist, or psych. examiner must not
be examined as a witness in court without the consent of the student.
Nevada law requires that abuse or neglect must be immediately reported to CPS if one suspects abuse even if the suspected even is historical.
True
Abuse or neglect of a child:
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.
NRS 432
The law extends immunity from civil or criminal liability to every person who \”in good faith\” makes a report on child abuse.
Teachers are required to report suspected child abuse and neglect, including bullying.
True
Office of Parental Involvement and Family Engagement
Primary purpose to increase parental involvement within public schools.
Standards Commission must prescribe coursework on parental involvement.
True
Regional Professional Development Programs (RPDP’s) are required to provide training related to effective engagement of parents with the schools.
True
Schools shall provide students and parents information about
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
\”Fair Use\” doctrine of Copyright Act covers
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
Fair use guidelines typically allow
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.
Music, lyrics and music videos fall under the 10% guideline but not to exceed
30 seconds of the work.
Motion media also falls under the 10% max or
3 minutes, whichever is less.
Illustrations or photographs is no more than 10% or
15 images, whichever is less.
PBS guidelines for the recording or replay of TV programming
replay must occur within 10 days of airing, only once and then erased.
Educators are advised to exercise caution in using digital material from the internet because of
possible mixture of copyrighted and public domain works. Access on internet does not mean they can be used without permission.
Printed materials
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.
Teachers may never make a second set of copies of a work without
written copyright permission.
BREVITY TEST
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
SPONTANEITY TEST:
Decision to use such works must occur so soon before the class that it is not feasible to obtain permission from the copyright holder.
CUMULATIVE EFFECT TEST
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.
Teachers may not make their own anthologies or
make copies to substitute for buying the book especially workbooks.

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