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78 Cards in this Set
- Front
- Back
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What are the 4 elements of negligence?
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1. duty of care
2. breach of duty 3. injury 4.breach must be the cause of injury (In other words: 1."I'm on duty, 2. I getdistracted, 3. somebody gets hurt, 4.If I had been paying attention the person wouldnot have gotten injured") |
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Tinker vs Des Moines
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Students and teachers do not shed their right to freedom of expression at the schoolhouse gate.
(students wanted to wear black armbands to school to protest Vietnam War.) |
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Bethel School District vs Fraser
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Court found it appropriate to prohibit the use of vulgar language.
(Court distinguished between political expression of Tinker vs Des Moines and the obscenity of Fraser) |
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HAZELWOOD SCHOOL DISTRICT v. KUHLMEIER
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School may exercise editorial control over inappropriate content in student newspaper.
(Court ruled this did not violate the 1st Amendment) |
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N.J. School District vs T.L.O
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Reasonable searches and seizures may be conducted by a public school if there is just cause for a search.
(student was caught smoking in the bathroom, her purse was searched, and not only were cigarettes there, but also drug paraphanelia) |
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Safford School District vs April Redding
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School may not search student based on hearsay.
(Someone said the girl had ibuprofen, the school did a strip search. Different situation than NJ vs TLO) |
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Who is subject to random drug testing in a public school?
a. student athletes b. entire student population c. any student engaging in school sponsored extra-curricular activities d. random drug searches are illegal |
c. Any student engaging in school sponsored extra-curricular activities may be subject to random drug testing.
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Lambs Chapel vs. Center Moriches S.D.
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Religious groups may be permitted after-hours use of school building.
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Brown vs. Woodland Joint Unified School District
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Fundamentalist parents claimed the "Impressions Series" of 59 books compelled the students to practice witchcraft. The court did not agree with the claim.
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What are the rules regarding religious holidays in schools?
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There must be balance in teaching the symbols, music, etc. and it must a learning experience not used to promote a religion.
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1.Mills vs. Board of Ed
2. PARC vs Commonwealth of Pennsylvania |
(Pennsylvania Association of Retarded Citizens)
Children with disabilities have an equal right to public schooling. These were pivotal and far-reaching cases. |
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What is IDEA?
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Individuals with Disabilities Education Act
IDEA was originally enacted by Congress in 1975 to ensure that children with disabilities have the opportunity to receive a free appropriate public education, just like other children. (1) All students must be educated in the (2) least restrictive environment (3) Individualized and appropriate education (4) No cost to parents |
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What is FAPE?
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Free and Appropriate Public Education.
An IEP ( Individualized Education Plan) is jointly developed including parents in decisions |
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What are the components of the Nevada State Department of Education as appointed by the Legislature?
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1. Superintendent of Public Instruction
2. State Board of Education are the components of the NV State Dept of Ed. |
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Who is responsible for suspending or issuing licenses to Nevada teachers?
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The State Board of Education is responsible for issuing and suspending licenses of Nevada Teachers.
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What are the 6 specific reasons a Nevada teacher can be dismissed?
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1. Incompetency (Inadequate Performance)
2. Neglect of Duty 3. Insubordination 4. Conduct unbecoming to a teacher 5. Immorality 6. RIF (Reduction in Force) |
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Pickering vs. Board of Education
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A teacher may not be terminated for speaking out as a citizen on matters of public concern. Public school teachers, as public employees, are entitled to some First Amendment protections but there must be a balance between work and home. (Violates 1st Amendment)
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Which Article of the Nevada Constitution deals with Education?
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Article 11 of the Nevada Constitution deals with Education.
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How many school days are required by the NV Legislature?
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180 days of school are required by the NV Legislature
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How many contingency days must be built into the school year?
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3 contingency days must be built into the NV school year.
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Who is the primary sponsor and authority of Nevada Charter Schools?
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The Nevada State Charter School Authority is the primary sponsor of the charter schools.
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Morse vs. Frederick
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A school has the right to suppress student speech that is reasonably viewed as promoting drug use. (suppressing in this instance is not a violation of the 1st amendment)
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What is NRS 392?
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Nevada Revised Statutes 392 includes a lot of rules concerning truancy,and makes it illegal to "beat, whip, detain, or interfere with a student on the way to school".
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What is the Safety Net for K-6 students?
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Students in grades K-6 may not be suspended for a semester or more until a board of trustees has reviewed the circumstances.
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What are two requirements for acceptable searches?
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1. Search must be initially justified for reasonable suspicion
2. Methods used to search must be reasonably related to the objectives of the search. |
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1. West VA School Board vs Barnette (1943)
2. Goetz vs Ansell (1973) |
Both cases ruled that students are not required to stand or pledge the flag, but proper decorum may be expected.
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What is the definition of a FERPA Educational Record?
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1.Must be directly related to a student 2. Must be maintained by an educational agency or institution This includes any information recorded in any way including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche. |
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What is Directory Information?
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A Directory includes information that might be found in a yearbook or athletic program such as
name, address, telephone number, etc. Parents must be given notice of the information once a year. |
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Owasso vs Falvo (2002)
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Court ruled that it is not a violation of FERPA for papers to be graded by peers.
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What Constitutional Amendment gives States the right to govern it's education?
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The 10th Amendment of the U.S. Constitution gives States the right to govern it's education.
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Who appoints the Superintendent of Public Instruction in Nevada?
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The Governor appoints the Superintendent of Public Instruction in Nevada and there is no term limit.
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How many members are on the NV State Board of Education?
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There are 7 members on the NV State Bd. of Ed.
1 person is selected by the Gov. 1 person is selected by Majority Leader of the Senate 1 person is selected by Speaker of Assembly 4 people are voted for in their Congressional Districts |
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Who approves the selection of textbooks?
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The State Board of Education approves all textbooks.
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Who has the right to suspend or revoke the license of any teacher, administrator, or other licensed employee?
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The State Board of Education may suspend or revoke licenses upon the recommendation of the State Superintendent of Public Instruction/Board of Trustees.
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How many members comprise the Commission on Professional Standards?
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There are 9 members, appointed by the Governor, which comprise the Professional Standards Commission.
(Must include 1 teacher from elementary, middle school, secondary and special ed, 2 school administrators, 1 Dean from the College of Ed. of UNLV or UNR, 1 person from the general public, |
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The Board of Education must inform teachers of any student who in the last _______ has attempted or caused bodily harm to any person.
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Teachers must be informed of any student who in the last 3 years has attempted or caused bodily harm to someone.
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What must be included in the information about a violent student?
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1. name
2.injury to the other person 3. weapons used 4. threats before, during and after |
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What is "progressive discipline"?
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Progressive Discipline (AB -521-NV-1999)
gives teachers the right to unilaterally remove a student from the classroom for up to 3 days. A committee makes the decision. |
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T or F- If a student tells a teacher that he or she is using drugs or alcohol, the teacher must report it immediately.
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False- A teacher may not divulge that the student is using drugs or alcohol unless the student gives permission. This is an example of privileged communication.
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What disclosures are exceptions to the privileged communication rule?
a.any non-accidental physical injury b. any non-accidental mental injury c. any negligent treatment d. any injury sexual in nature e. all of the above |
E. All of the above. All non-accidental physical or mental injuries, sexual injuries and negligence must be reported.
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T or F- When off-campus, school rules do not apply at school sponsored functions.
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False. At school sponsored functions, students are expected to use the same rules as when at school.
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Title IX (1992)
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Title IX, enacted in 1972 prohibited gender discrimination in federally funded education.
In 1992, the law was expanded to include sexual harassment and awarded money to people who were victimized. |
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T or F Schools must have written rules of behavior that is provided to every student and is displayed.
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True. Schools must provide yearly written rules of behavior.
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What is the consequence for a student's first offense of drug trafficking or bodily injury?
a. students are given 3 weeks of In School Suspension b. Students are expelled for 1 semester and then made to attend another school c. Students are expelled for 2 semesters d. Students are expelled for 1 semester |
D. Students are expelled for 1 semester for a first offense of drug trafficking or bodily injury.
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What is the consequence for a student's 2nd offense of drug trafficking or bodily injury?
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After a 2nd consequence of drug trafficking or bodily injury, a student is permanently expelled and after that may receive instruction at some other school.
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What is the consequence for having firearms or weapons of any kind?
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Student is expelled for 1 year and then may attend an alternate school.
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Who may make an exception to the expulsion rule?
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The Nevada School Superintendent may override a school expulsion.
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When is a student considered a habitual disciplinary problem?
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A student is considered a habitual disciplinary problem when:
1. The school has written evidence that the student has threatened, extorted or attempted to threaten and extort 2.Has initiated 2 fights 3. Has been suspended 5 times for any reason |
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What law concerns the student who is a habitual disciplinary problem?
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Habitual Disciplinary Problem is the name of the law.
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For what offense may a student not attend the same school as his/her victim?
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Sexual offense
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How many unexcused absences in a year is considered habitual truancy in Nevada?
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In Nevada, 3 or more unexcused absences is considered habitual truancy.
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Gross vs. Lopez
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Goss v. Lopez, 419 U.S. 565 (1975) was a United States Supreme Court case that held that a public school must conduct a hearing before subjecting a student to suspension. The Court held that a suspension without a hearing violated the due process clause of the Fourteenth Amendment to the United States Constitution.
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When do teachers have a duty of " due care"?
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Teachers have a duty of "due care" when they are on duty.
(Remember the 4 levels of negligence) |
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What is proximate cause?
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Proximate cause is when an injury was (1) directly caused by the actions (2) was a reasonably foreseeable consequence of the action.
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What factors do courts consider when considering whether a duty of care exists?
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1. Age of Students
2. Nature of the risk students are exposed to 3.Precautions taken to lessen risk |
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What is an "Assumption of the risk"?
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An assumption of the risk is a defense to a negligence claim. It applies when: (1) the plaintiff knew of the risk and (2) the plaintiff had enough time, knowledge and experience to avoid the risk.
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What is "contributory negligence"?
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Contributory negligence is when a plaintiff contributed to his own injury and should be held partially or fully responsible.
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What type of protection do immunity statues provide school?
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Immunity Statutes protects schools by limiting the amount of money that can be awarded in the verdict.
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When do school districts provide legal defense for teachers?
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Legal defenses are provided when:
1. The teacher acted in good faith 2. Promptly notified the school and asked for an attorney 3.Cooperated with the defense |
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Why are school release forms generally invalid?
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School release forms are generally invalid because:
1. Parents can't waive student's rights 2. They are unfair 3. They are not valid contracts 4. Not part of assumption of the risk |
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Peter W. vs. San Francisco S.D.
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A man sued his school because he was fired for not being able to calculate sales tax. The court denied his claim saying that other factors may have contributed to his inability to function. Schools cannot be responsible for a student's failure to learn.
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Agular vs Felton (1985)
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In 1985, The court ruled that Agular vs Felton case said that public school teachers who were sent to parochial schools violated 1st Amendment Separation of Church and State .
( In 1993 the Court overturned this in the Zobrest vs Catalina Foothills case) |
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Zobrest vs Catalina Foothills (1993)
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In 1993, the Supreme Court shifted it's Agular vs Felton viewpoint when it allowed a public school sign language interpreter to be used for a deaf student in a Roman Catholic school.
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T or F The State of Nevada may not donate or loan money to corporations for any reason
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False- The State of Nevada may loan or donate for educational or charitable purposes.
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What must the Legislature provide for public schools?
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The Legislature must provide for public schools
1. A uniform system 2. A means for maintenance 3. A means for support |
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What is "quid pro quo"?
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Quid pro quo (means something for something)is one type of sexual harassment as defined by Title VII. An example would be of a supervisor offering a promotion in return for sex,
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Who enforces Title VII?
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The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act.
The Civil Rights Act of 1964 prohibited employment discrimination based on age, sex, religion, color or national origin. |
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Who enforces Title IX?
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Title IX is enforced by the Office for Civil Rights. (OCR)
Title IX (1972) prohibited discrimination based on sex (gender) in education or programs that receive Federal assistance. |
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What is "non quid pro quo"?
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Non quid pro quo includes verbal or threatening messages which create a hostile, intimidating or offensive workplace.
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1. Board of Regents of State Colleges vs.Roth
2. Perry vs. Sindermann |
Post probationary/ tenured teachers are entitled to Due Process of Law before being terminated under the 14th Amendment. They have this protection because they have earned an expectation of re-employment.
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What are the 2 elements of the Due Process law?
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The 2 elements of the Due Process law are:
1. Procedural - the legal steps to determine guilt or innocence must be fair and impartial 2. Substantive- doesn't include a hearing; refers to due process |
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What percent does student achievement comprise in a Nevada teacher evaluation?
a. 40% b. 45% c.50% d.55% |
C. 50%. Student achievement comprises 50% of a Nevada teacher evaluation.
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How often is a probationary teacher evaluated in Nevada?
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A probationary teacher has 2 years of 3 evaluations. If at the end of those 2 years the teacher has received satisfactory evaluations, (s)he will become a post-probationary teacher.
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Hortonville Joint School District vs Hortonville Education Association
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Teachers went on strike and the school district fired them. They sued but the Court ruled that the school district upheld their being fired and said that they had not violated the 14th Amendment Due Process clause because the state had a no-strike policy.
Nevada has a no-strike policy. |
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Meritor Savings Bank vs Vinson
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Established that a hostile work environment is a type of sexual harassment even when the victim suffers no economic loss.
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Henson vs Dundee (1982)
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In 1982, Henson vs Dundee found that sexual harassment which creates a hostile or offensive environment for members of one sex is just as big a barrier to sexual equality at the workplace as racial harassment is to racial equality.
In other words, sexually harassing someone and harassing someone because of race creates a barrier that makes it hard to advance. |
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Franklin vs Gwinett County Schools (1992)
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A female high school student filed suit that she had been continually subjected to sexual harassment and abuse by a teacher. The Supreme Court found that the school system should have listened to the girl's complaint but they swept the problem under the rug. The Court awarded monetary damages to the student under the Title IX rule.
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Davis vs Monroe County Bd. of Ed.
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This is another Title IX Case of sexual harassment. The student made complaints about the sexual harassment by another student, the school ignored, the parents filed suit, and the Courts found in their favor and awarded monetary damages.
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