1.4: Nevada School Law 2011

Front 1

How is the rule-making power of school boards and school personnel limited?

Back 1

The rules must be fair and reasonable. Rules are reasonable when they use a rational means to accomplish a legitimate school purpose.

Front 2

In the Tinker case, students wore arm bands to protest the Vietnam war and were suspended. What did the U.S. Supreme Court say about the school policy suspending students for wearing arm bands?

Back 2

The U.S. Supreme Court said the school policy was unconstitutional because schools can only limit freedom of speech when a disturbance has occurred or is imminent.

Front 3

In the Bethel case, a boy gave a speech full of sexual innuendo to his 14-year-old classmates. Afterwards, he was suspended. The lower court said he should not have been suspended because he did not use one of seven filthy words that are defined as obscene. What did the U.S. Supreme Court say?

Back 3

The U.S. Supreme Court said the school could punish the student. Schools do not need to tolerate speech that is inconsistent with the educational environment.

Front 4

In the Hazelwood case, a school principal deleted the last two pages of the school newspaper because it contained articles he did not approve. Did the U.S. Supreme Court agree with his actions?

Back 4

Yes. The U.S. Supreme Court said school administrators may control the content of school publications. They cited a difference between silencing speech (such as not allowing arm bands) and promoting speech (publications on school letterhead).

Front 5

List items schools may prohibit in school publications.

Back 5

1) Obscene items;
2) Profanity;
3) Libel or slander, or violations of privacy;
4) Advocates breaking the law;
5) Disrupts the operation of the school;
6) Criticisms based on sex, race, color, creed, national origin, age, ancestry, or marital status;
7) Encourages action that endangers health or welfare of students.

Front 6

When can schools control student behavior off of school grounds?

Back 6

When students are engaging in a school-sponsored activity outside of school, the school can enforce the same rules as if the students were on school grounds.

Front 7

What type of due process (or hearings) are required to punish a student with in-school suspension or detention?

Back 7

None.

Front 8

What type of due process (or hearings) are required to punish a student with short-term suspensions?

Back 8

Generally none, however, it is recommended to have contact with parents and documentation.

Front 9

What type of due process (or hearings) are required to punish a student with long-term suspensions or expulsions of more than 10 days?

Back 9

Formal hearings are required. Some schools put the threshold at 5 days rather than 10 days.

Front 10

When is immediate suspension appropriate?

Back 10

When there is a danger to persons or property or if there is an imminent disruption to the educational environment.

Front 11

When must schools give students copies of the school rules?

Back 11

1) At the beginning of the school year;
2) To each new student; and,
3) Always available for inspection.

Front 12

What are the typical requirements that must be followed before suspending or expelling a student?

Back 12

1) Give student notice of the charges;
2) Explain evidence against student;
3) Give opportunity for a hearing.

Front 13

What is the required punishment for a student who injures a school employee or sells drugs at school?

Back 13

1st offense
Suspension for at least one semester with placement at a different school.

2nd offense
Permanent expulsion from school with placement at a different school.

Front 14

What is the required punishment for a student who brings a gun to school?

Back 14

1st offense
Suspension for at least one year with placement at a different school.

2nd offense
Permanent expulsion from school with placement at a different school.

Front 15

When is a student considered a habitual disciplinary problem?

Back 15

When there is written evidence a student has:

1) Threated or extorted a pupil or teacher;
2) Been suspended for initiating 2+ fights;
3) Has 5 suspensions for any reason.

Such students can be suspended or expelled for one semester but must be placed at a different school.

Front 16

Which students are considered habitual truants?

Back 16

Students who have three or more unexcused absences in a school year. They must be reported to the police and may be charged with a misdemeanor. If the behavior continues, parents may also be criminally charged.

Front 17

May a principal permit a student to carry a gun to school?

Back 17

Yes, if it is in accordance with policies adopted by the board of trustees of the school district.

Front 18

What must happen before students in grades Kindergarten through 6th grade can be suspended or expelled?

Back 18

The board of trustees of the school district must review the case. This is known as a “safety net.”

Front 19

What standard must teachers adhere to before searching a student or his possessions?

Back 19

Teachers are considered to be acting in the place of a parent. They must have reasonable suspicion. In addition, the searches must not be excessively intrusive. This is less than the standard required of police officers.

Front 20

When may school districts do drug tests on students and what can they do with positive results?

Back 20

Schools may only do drug tests on students participating in extracurricular activities (such as sports or after-school clubs). Results cannot be used to punish students or be reported to police. They can only be used to disqualify the student from the extracurricular activity.

Front 21

What can schools require of students when the Pledge of Allegiance is being recited?

Back 21

Only that they behave. They cannot require students to stand or to say the words of the Pledge of Allegiance.

Front 22

When can teachers use physical force against students?

Back 22

1) To stop a disturbance that threatens physical injury to a person or destruction of school property;
2) To get a weapon;
3) To defend oneself or another;
4) To escort a disruptive student who refuses to cooperate.

Front 23

If a school requires uniforms, what are the requirements for the uniform policy?

Back 23

It must:
1) Describe the uniform;
2) Designate which students must wear it;
3) Designate the hours it must be worn.

Financial assistance must be provided upon request.

Front 24

What are FERPA rights?

Back 24

FERPA stands for Family Educational Rights and Privacy Act. It gives parents and students the right to review and confirm the accuracy of school educational records. Disputes can be brought up at a hearing and schools may charge for copies of the records.

Front 25

What are “educational records”?

Back 25

Any information maintained by the school about a student.

Front 26

What is “directory information?”

Back 26

Information about a student that can be made public, including name, address, telephone number, or information found in school yearbooks.