Nevada School Law For Teachers 2011 Chapt 2

Front 1

Who maintains a directory of licensed educators?

Back 1

The Dept of Educ maintains a directory of licensed educators.

Front 2

A separate category for license of Special Ed. was established in what year?

Back 2

Special Ed category was established in 2011

Front 3

Board of Regents of State Colleges v. Roth
and
Perry v. Sindermann

* Determined that post probationary/tenured teachers are entiled to due process of law under the 14th amendment prior to being terminated.

-Gain these protection because they have earned an "expectation of reemployment"

Back 3

Board of Regents of State Colleges v. Roth
and
Perry v. Sindermann

* Determined that post probationary/tenured teachers are entiled to due process of law under the 14th amendment prior to being terminated.
-Gain these protection because they have earned an "expectation of reemployment"

Front 4

Due Process Possess Two Elements

1.) procedural: the actual legal steps to ascertain guilt of innocence
(a) fairness
(b) impartiality

2.) substantive: doesn't include hearing, refers to due process.

Back 4

Due Process Possess Two Elements

1.) procedural: the actual legal steps to ascertain guilt of innocence
(a) fairness
(b) impartiality

2.) substantive: doesn't include hearing, refers to due process.

Front 5

Pickering v. Board of Education 1968

* Teachers enjoy a minimally LIMITED First Amendment right to express opinions.

Back 5

Pickering v. Board of Education 1968

* Teachers enjoy a minimally LIMITED First Amendment right to express opinions.

Front 6

Reason For Teacher Dismissal

*Inefficiency: lack of some ability.

*Neglect of Duty: persistent violations of school laws, rules, & regulations.

*Insubordination:

*Immorality: defined by NRS Chap 391.311

*Good & Just Causes: financial &/or enrollment shortfalls.

Back 6

Reason For Teacher Dismissal

*Inefficiency: lack of some ability.
*Neglect of Duty: persistent violations of school laws, rules, & regulations.
*Insubordination:
*Immorality: defined by NRS Chap 391.311
*Good & Just Causes: financial &/or enrollment shortfalls.

Front 7

NV Teacher Evalution Summary

*School Board is responsible for developing evaluations.

*By June 1, 2013, State Board of Ed. shall adopt statewide performance evaluation system.

*Pupil achievement account for at least 50% of evaluation.

*School districts to implement evaluation no later than 2013-14.

*District board of trustees shall establish performance pay & enhanced compensation by 2014-15.

Back 7

NV Teacher Evalution Summary

*School Board is responsible for developing evaluations.
*By June 1, 2013, State Board of Ed. shall adopt statewide performance evaluation system.
*Pupil achievement account for at least 50% of evaluation.
*School districts to implement evaluation no later than 2013-14.
*District board of trustees shall establish performance pay & enhanced compensation by 2014-15.

Front 8

Probationary Teachers

*Evaluated at least once a yr.
*Deemed to be probationary teacher after 2 consecutive below average evaluations.

Back 8

Probationary Teachers

*Evaluated at least once a yr.
*Deemed to be probationary teacher after 2 consecutive below average evaluations.

Front 9

Probationary Teachers

*Effective 7/1/2011 probationary period revised from two 1-yr periods to three 1-yr periods w/out a waiver.

*Evaluations shall occur Dec1, Feb 1, & Apr 1.

*Admonition, demotion, suspension, dismissal & non reemployment do not apply.

Back 9

Probationary Teachers

*Effective 7/1/2011 probationary period revised from two 1-yr periods to three 1-yr periods w/out a waiver.
*Evaluations shall occur Dec1, Feb 1, & Apr 1.
*Admonition, demotion, suspension, dismissal & non reemployment do not apply.

Front 10

Teacher Employment Issues

*Hortonville Joint School District v. Hortonville Education association et.
-Upheld the dismissal of striking teachers employed in a state which prohibits strikes.

*Mandatory bargaining is LIMITED to issues involving wages, hours, & conditions of employment.

*Not included in mandatory bargaining law include the following:
1.) right to assign/transfer teachers
2.) right to determine work performance standard.
3.) right to determine content of the work day.

Back 10

eacher Employment Issues

*Hortonville Joint School District v. Hortonville Education association et.
-Upheld the dismissal of striking teachers employed in a state which prohibits strikes.

*Mandatory bargaining is LIMITED to issues involving wages, hours, & conditions of employment.

*Not included in mandatory bargaining law include the following:
1.) right to assign/transfer teachers
2.) right to determine work performance standard.
3.) right to determine content of the work day.

Front 11

Sexual Harassment

*Title VII, Civil Rights Act of 1964:
-protects teachers against sexual harassment.
-enforced by EEOC

* Title IX, Educ. Amendment of 1972
-prohibits sex discrimination.
-enforced by US Dept of Educ. for Civil Rights (OCR)

Back 11

Sexual Harassment

*Title VII, Civil Rights Act of 1964:
-protects teachers against sexual harassment.
-enforced by EEOC

* Title IX, Educ. Amendment of 1972
-prohibits sex discrimination.
-enforced by US Dept of Educ. for Civil Rights (OCR)

Front 12

EEOC Guidelines imply what 2 types of sexual harassment?

Back 12

EEOC imply the following two types:

1.) quid pro quo
2.) non quid pro quo

Front 13

What does QUID PRO QUO mean?

What does NON QUID PRO QUO mean?

Which one is also referred to "Hostile Work Environment?"

Back 13

* QUID PRO QUO means Something for Nothing?

*NON QUID PRO QUO means Action/Verbal messages creating an offensive, hostile, or intimidating work environment.

* NON QUID PRO QUO

Front 14

Mentor Standard

* 1986 Supreme Crt expanded the definition of harassment to include hostile work environment.

Back 14

Mentor Standard

* 1986 Supreme Crt expanded the definition of harassment to include hostile work environment.

Front 15

Meritor Savings Bank v. Vinson

* established that hostile environment is a form of sexual harassment even when the victim suffers no economic losses.

Back 15

Meritor Savings Bank v. Vinson

* established that hostile environment is a form of sexual harassment even when the victim suffers no economic losses.

Front 16

Henson v. Dundee (1982)

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality.

Back 16

Henson v. Dundee (1982)

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality.

Front 17

Franklin v. Gwinett Co. Public Schools (1992)

* Title IX allows for monetary damages to be awarded when legal rights are violated.

Back 17

Franklin v. Gwinett Co. Public Schools (1992)

* Title IX allows for monetary damages to be awarded when legal rights are violated.

Front 18

Harris v. Forklift Systems (1993)

* Supreme Crt ruled that one could determine whether an environment is “hostile” or “abusive” by looking at the totality of the circumstances surrounding the conduct.

Back 18

Harris v. Forklift Systems (1993)

* Supreme Crt ruled that one could determine whether an environment is “hostile” or “abusive” by looking at the totality of the circumstances surrounding the conduct.

Front 19

Gebser v. Lago Vista School (1998)

* Damage liability under Title IX does not extend to a school district.

Back 19

Gebser v. Lago Vista School (1998)

* Damage liability under Title IX does not extend to a school district.

Front 20

Davis v. Monroe Co. Board of Ed.
(1999)

*We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities." The Court established that because Title IX contains an implied private right to education, school boards can be held responsible.

Back 20

Davis v. Monroe Co. Board of Ed.
(1999)

*We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities." The Court established that because Title IX contains an implied private right to education, school boards can be held responsible.

Front 21

Protection from Violent Students

* 1999 NV Legislature requires every school to develop a plan for "progressive discipline"of students.

Back 21

Protection from Violent Students

* 1999 NV Legislature requires every school to develop a plan for "progressive discipline"of students.

Front 22

Child Abuse Defined

1.) Physical/Mental injury of non-accidental nature.

2.) Sexual abuse or sexual exploitation

3.) Negligent or maltreatment.

Back 22

Child Abuse Defined

1.) Physical/Mental injury of non-accidental nature.
2.) Sexual abuse or sexual exploitation
3.) Negligent or maltreatment.

Front 23

What year was the Office of Parental Involvement & Family Engagement created?

Back 23

The Office of Parental Involvement & Family Engagement was created in 2011

Front 24

The Copyright Act of 1976 (fair use)

1) the purpose and character of the use
(for instance, whether it is commercial or educational);

2) the nature of the copyrighted work (how creative is the work);

3) the amount and substantiality of the portion of the original work used;

4) the effect of the use upon the original work in the market.

Back 24

The Copyright Act of 1976 (fair use)

1) the purpose and character of the use
(for instance, whether it is commercial or educational);
2) the nature of the copyrighted work (how creative is the work);
3) the amount and substantiality of the portion of the original work used; and,
4) the effect of the use upon the original work in the market.

Front 25

Copyright Guidelines Print Material

*One copy of a chapter, article, short story, or short poem.

*Copy for each student as long as it contains copyright notice & meets the test.

* May not make a 2nd copy.

Back 25

Copyright Guidelines Print Material

*One copy of a chapter, article, short story, or short poem.

*Copy for each student as long as it contains copyright notice & meets the test.

* May not make a 2nd copy.

Front 26

What are the 3 copyright test?

Back 26

The 3 copyright test are:

1.) Brevity Test

2.) Spontaneity Test

3.) Cumulative Effect Test

Front 27

Board of Regents of State Colleges v. Roth
and
Perry v. Sindermann

Back 27

Board of Regents of State Colleges v. Roth
and
Perry v. Sindermann

* Determined that post probationary/tenured teachers are entiled to due process of law under the 14th amendment prior to being terminated.
-Gain these protection because they have earned an "expectation of reemployment"

Front 28

Due Process Possess Two Elements. What are they

Back 28

Due Process Possess Two Elements

1.) procedural: the actual legal steps to ascertain guilt of innocence
(a) fairness
(b) impartiality

2.) substantive: doesn't include hearing, refers to due process.

Front 29

Pickering v. Board of Education 1968

Back 29

Pickering v. Board of Education 1968

* Teachers enjoy a minimally LIMITED First Amendment right to express opinions.

Front 30

*Title VII, Civil Rights Act of 1964: What is it?

* Title IX, Educ. Amendment of 1972: What is it?

Back 30

Sexual Harassment

*Title VII, Civil Rights Act of 1964:
-protects teachers against sexual harassment.
-enforced by EEOC

* Title IX, Educ. Amendment of 1972
-prohibits sex discrimination.
-enforced by US Dept of Educ. for Civil Rights (OCR)

Front 31

Mentor Standard. What is it?

Back 31

Mentor Standard

* 1986 Supreme Crt expanded the definition of harassment to include hostile work environment.

Front 32

Meritor Savings Bank v. Vinson

Back 32

Meritor Savings Bank v. Vinson

Front 33

Henson v. Dundee (1982)

Back 33

Henson v. Dundee (1982)

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality.

Front 34

Franklin v. Gwinett Co. Public Schools (1992)

Back 34

Franklin v. Gwinett Co. Public Schools (1992)

* Title IX allows for monetary damages to be awarded when legal rights are violated.

Front 35

Harris v. Forklift Systems (1993)

Back 35

Harris v. Forklift Systems (1993)

* Supreme Crt ruled that one could determine whether an environment is “hostile” or “abusive” by looking at the totality of the circumstances surrounding the conduct.

Front 36

Gebser v. Lago Vista School (1998)

Back 36

Gebser v. Lago Vista School (1998)

* Damage liability under Title IX does not extend to a school district.

Front 37

Davis v. Monroe Co. Board of Ed.
(199)

Back 37

Davis v. Monroe Co. Board of Ed.
(1999)

*We conclude that it may, but only where the funding recipient acts with deliberate indifference to known acts of harassment in its programs or activities." The Court established that because Title IX contains an implied private right to education, school boards can be held responsible.

Front 38

Protection from Violent Students. What year was it established? What must be done?

Back 38

Protection from Violent Students

* 1999 NV Legislature requires every school to develop a plan for "progressive discipline"of students.