NV School Law – Flashcards

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

Article II

The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof

The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year, and any school district which shall allow instruction of a sectarian character therein may be deprived of its proportion of the interest of the public school fund during such neglect or infraction, and the legislature may pass such laws as will tend to secure a general attendance of the children in each school district upon said public schools

The legislature shall have the power to establish normal schools, and such different grades of schools, from the primary department to the University, as in their discretion they may deem necessary, all all professors in said university or teachers in said schools of whatever grade, shall be required to take and subscribe to the oath as prescribed in Article Fifteen of this Constitution. No professor or teacher who fails to comply with the provisions of any law framed in accordance with the provisions of this section shall be entitled to to receive any portion of the public monies set apart for school purposes.

In addition to other means provided for the support and maintenance of said university and common schools, the legislature shall provide for their support and maintenance by direct legislative appropriation from the general fund, upon presentation of budgets in the manner required by law

school districts and school boards exist by authority of state legislatures

Superintendent of Public Instruction + state board of education

eleven (11) members: seven (7) voting and four (4) nonvoting

one elected by voters in each of NV's four congressional districts, one appointed by governor, one nominated by majority leader of senate and then appointed by governor, one nominated by speaker of the assembly and then appointed by governor

all are appointed by the governor as follows: member of a board of trustees of a school district, nominated by the NV Association of School Boards; a superintendent of schools nominated by the NV Association of School Superintendents; representative of the NV system of higher education, nominated by the board of regents of the University of Nevada; one NV public school student nominated by the NV Association of Student Councils in consultation with the NV Youth Legislature

The superintendent of public instruction is appointed by the governor from a list provided by the state board of education

approval of all public school textbooks; power to suspend or revoke the license of any teacher, administrator or licensed employee upon the recommendation of the state superintendent of public instruction or by the board of trustees of any of the school districts

issuance of teacher licenses; execute all activities of her department in accordance with state school board policies; employ people as needed; organize department and liaise with other state agencies performing educational functions; perform other duties as prescribed by law

annually visiting each county, consulting with school officers in NV and other states on school administration, methods, and law; convening teachers and administrator conferences as she deems advisable; reporting biennially to governor; preparing the "pamphlet copies of school law" known as "Nevada Laws on Education"

the Standards Commission prescribes the qualifications, rules, and standards for NV teacher licensure, which are then published in the NV Administrative Code (NAC)

Nine (9) members as follows: 4 teachers, one each from elementary, middle, secondary, & SPED; 1 school district counselor or psychologist; 2 administrators (1 must be a principal); one college of education dean from UNR or UNLV (rotates); and one member representing the general public. All are appointed by the governor.

adopt regulations prescribing course work on parental involvement and family education (together with the Office of Parental Involvement and Family Education)

the Standards Commission sets fees for the renewal of education licenses, which include the cost to complete a new background screening through the FBI

the Standards Commission develops process and procedures for the issuance of licenses and endorsements for special education teachers

the Standards Commission develops an annual report on revised regulations adopted

the Standards Commission adopts regulations prescribing qualifications for an alternative route to licensure, defining the education and training required (which may be completed in two years or less) leading to a regular license and annually evaluating the providers of this training for alternative licensure

postprobationary/tenured teachers entitled to due process of law under the Fourteenth Amendment prior to being terminated (this is afforded to postprobationary teachers because in completing their probationary period, they have earned a reasonable "expectation of reemployment")

NV public school districts must notify probationary teachers of contemplated nonrenewal, provide reasons for such action, and offer a hearing

teachers enjoy a minimally limited First Amendment right to express opinions. Speech is restricted when criticizing the actions of school administration in such a way that it is detrimental to the actual operation of the schools

inefficiency, neglect of duty, insubordination, conduct unbecoming a teacher, immorality, good and just causes (financial or enrollment shortfall)

"Good cause included any ground which is put forward by the school committee in good faith and which is not arbitrary, irrational, unreasonable or irrelevant to the committee's task of building up and maintaining an efficient school system."

inefficiency; immorality; unprofessional conduct; insubordination; neglect of duty; physical or mental incapacity; justifiable descrease in number of positions due to decreased enrollment or district reorganization; conviction of a felony or a crime involving moral turpitude; inadequate performance; evident unfitness for service; failure to comply with reasonable requirements proposed by a board; failure to show normal improvement and evidence of professional training and growth; advocating overthrow of US or NV government or advocating or teaching communism; any cause which constitutes for the revocation of a teacher's license; willful neglect or failure to observe and carry out the requirements of this Title; dishonesty; breaches in the security or confidentiality of the questions and answers of achievement and proficiency exams; intentional failure to observe and carry out the requirments of a plan to ensure the security of exams; an intentional violation of statutes regarding aversive intervention on a pupil with a disability or the use of physical restraint on a pupil with a disability except as provided by statute; gross misconduct; intentional failure to report bullying, cyber-bullying, harassment or intimidation

highly effective, effective, minimally effective, or ineffective. pupil achievement must account for at least 50% of evaluation

beginning in 2014-2015 school year, districts will introduce performance pay and enhanced compensation to improve academic achievement of pupils. Appropriate consideration will be given to implementation in at-risk schools.

a post-probationary teacher rated "minimally effective" or "ineffective" must be evaluated 3 times in the immediately succeeding school year

post-probationary teachers or administrators rated minimally effective or ineffective on the first or second evaluation may request that next evaluation be conducted by an outside evaluator

probationary employees shall be evaluated three times per year and post-probationary employees shall be evaluated at least once a year

a post-probationary teachers who receives an unsatisfactory evaluation for two consecutive school years shall be deemed to be a probationary teacher and must then serve an additional probationary period