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116 Cards in this Set
- Front
- Back
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10th Amendment of the U.S. Constitution |
Reserves to the states the power to govern its education
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14th Amendment of the U.S. Constitution
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Provides federal legal review of public school district practices and policies through protections guaranteed by the amendment.
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Article 11 of the NV Constitution deals with education
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1.Legislature to encourage education |
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Superintendent of Public Instruction is appointed by ___________. |
The Governor with no term limit for this position |
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Uniform system for common schools requires_________.
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schools to be established and maintained for at least 6 months every year. |
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The NV legislature can pass laws to secure ___________. |
a general attendance of the children in each school district upon said public school. |
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N.R.S.
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Nevada Revised Statutes |
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State Board of Education is comprised of _______.
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7 voting and 4 non-voting members. Voting members appointment: 4 voted by people (4 congressional districts), 1 by governor, 1 nominated by Majority Leadr of Senate, & 1 nominated by Speaker of the Assembly. |
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State Board of Education: 4 non-voting member selection |
Governor appoints all through nominations: 1 member of board of trustees 1 superintendent of schools 1 rep of NV System of Higher Education 1 pupil enrolled in public school |
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Public Textbooks |
Must be approved by the State Board of Education |
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The State Board of Education has the right to __________.
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suspend or revoke the license of any teacher, admin or other licensed employee upon recommendation of the State superintedent of Public Instruction/Board of Trustees. |
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The State Public Charter School Authority has _______. |
oversight responsibility and authority over charter schools. |
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One of the most important functions of the State Superintendent is to _______.
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Issue Teacher Licenses
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The State Board of Education is empowered to _______. |
suspend or revoke licenses.
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The Commission on Professional Standards in Education is responsible for ____________.
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prescribing the actual qualifications, rules, and standards for NV teacher licensure.
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The Commission on Professional Standards in Education is composed of _______. |
9 members appointed by the governor and must include classroom teachers (1 each from an elem., middle, secondary, and spec. ed assignment, 1 counselor/psychologist, 2 school admins, 1 dean from college of Edu from UNLV/UNR, and 1 member from gen. public. 1 member must be from a licensed private school. |
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NV school districts are patterned out by _______.
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county boundaries
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CCSD enrolls more than _____ of the state's student population.
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70%
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How many school districts are there in NV?
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17 (including carson city)
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NV school boards consist of how many members?
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either 5 or 7 members (called trustees)--Based on the district's enrollment and elected by district residents
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How many members on a school board with a district less than 1,000 students?
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5
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How many members on a school board with a district with more than 1,500 students?
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7
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The NV open meeting law requires ________________.
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School boards must conduct public meeting which have been well publicized and are open to the gen. public.
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How many days must be included as "contingent days?
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3-for use in case of inclement weather, natural disaster, or accident which affects most of the schools in the district.
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How many days are required per school year?
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180 days
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What kind of negotiations are exempt from NV's open meeting law.
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Labor negotiations
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Under federal law, who are the only teachers who gain due process protections under the 14th Amendment?
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Only tenured teachers of postprobationary teachers. This requires school district officials to provide reasons and a hearing before a teacher's contract is not removed. NV also covers probationary teachers with the same due process.
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What to are the 2 elements which may affect teacher employment under due process?
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1. procedural, and 2. substantive.
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What is procedural due process?
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encompasses the actual legal steps that must be adhered to in court to ascertain the guilt or innocence of an individual.
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What are the 2 components essential to procedural due process?
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1. Fairness
and 2. Impartiality of the proceedings |
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What does substantive due process refer to?
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the extent and nature of the content of due process, examining the teacher's right to liberty and property as defined in the 14th amendment.
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Pickering vs. Board of Education
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teachers must enjoy a minimally limited 1st amendment right to express opinions. Restrictions of speech was limited only to criticizing the actions of the school administration when such expression is found to be detrimental to the actual operation of the schools.
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In reference to reasons for teacher dismissal, "inefficiency" means _____.
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Inefficiency may include such conduct as:
inability to maintain discipline, intellectual inadequacies and deficiencies in preparation, improper teaching techniques, refusal to accept teaching advice of supervisor, etc. |
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Neglect of Duty
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Tardiness in violation of school policies, failure to handle assignments given pursuant to school rules, regulations, and policies, including co-curricular duties, and failure to complete lesson plans and reports required by the school board, admin, and state dep of education.
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Insubordination
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Any persistant violation of directives by admin or supervisors regarding issues such as:
student discipline, requiring problem students to be sent to the principal's office, use of library facilities and other school facilities by students while scheduled to be in class, and/or use of and cleanliness of classroom, failure to allow supervisory personnel to observe him or her in the classroom. |
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Conduct unbecoming a teacher
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Lack of knowledge of or disregard for the proper relationship of the teacher to the students, slanderous or libelous statements by a teacher, verbal or physical abuse of students, abusive absence from work, falsification of information to superiors and school board
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Immorality
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Sexual assault, statutory sexual seduction, battery with intent to commit a crime, abuse or neglect/endangerment of a child, incest, open and gross lewdness, indecent or obscene exposure, annoyance and molestation of a minor, crimes against nature
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What does "Good and Just Causes" refer to?
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financial and/or enrollment shortfalls that require a reduction in the number of teachers or administrators.
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What is RIF
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Reduction in force--due to low enrollment or restructuring--determined solely by seniority
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Grounds for suspension/demotion, dismissal and refusal to reemploy teachers/admin
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a. inefficiency b. immorality c. unprofessional conduct d. insubordination e. neglect of duty f. physical or mental incapacity g. justifiable decrease in the number of positions due to a decreased enrollment/reorganization h. conviction of a crime involving moral turpitude/felony...dishonesty
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Letters of Admonition
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Employees are subject to immediate dismissal or refusal to reemploy (without admonition) on grounds of dishonesty, immorality, physical or mental incapacity, rif, conviction...
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Hortonville Joint S.D. no. 1 v. hortonville Education Association et al.
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It is the right of every public school teacher to join any employee organizationof his choice or to refrain from joining such organizations, and local school boards or their designees are cautioned not to discriminate in any way on account of membership or nonmembership
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Mandatory bargaining is limited to ____________.
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issues involving wages, hours, and conditions of employment.
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Matters not within the scope of state mandatory bargaining law include ________.
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The right to assign or transfer employees, the right to determine work performance standard, the right to determine content of the work day
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Quid pro quo
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sexual harrassment involving "something for something"
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non quid pro quo
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Sexual harrassment involving "actions or verbal messages creating an offensive, hostile, or intimidating work environment"
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In regards to violent students, each school district is required to ___________.
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inform each employee of the district if the pupil has, within the preceding 3 yrs, unlawfully caused or attempted to cause serious bgodily injury to any person.
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Violent student information must include: ________.
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name of child, description of injuries caused, description of weapons used, description of any threats...information must remain confidential
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Teacher/Student Priviledged communication
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concerning the pupil's possession or use of drugs or alcoholic beverages made while the teacher was counseling or attempting to cousel the pupil are priviledged communications and the teacher must not, without pupil's consent, be examined as a witness
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NV law states that abuse or neglect must be immediately reported if one knows or has reason to believe that a child has been abused or neglected. Child neglect is defined as:
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1. physical or mental injury of a nonaccidental nature 2. sexual abuse or sexual exploitation 3. negligent treatment or maltreatment of a child caused or allowed by a person responsible for the child's welfare
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Copyright Laws
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copying of information is legal when making only class sets, and it is not the entire work--sections only
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School related tort actions are frequently ______.
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suits brought by parents on behalf of students claiming that a personal injury was the result of a school employee's negligent action rather than an unavoidable accident.
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Define Negligence
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a failure to exercise that degreeof care that an ordinarily careful and prudent person would exercise
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Define tort
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a wrongful act (intentional or nonintentional) not including breach of contract, which results in injury to another's person, property, or reputation for which the injured party is entitled to compensation.
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What will a court or jury considering a charge of negligence ask?
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if the teacher involved acted or behaved as a reasonably prudent teacher should have behaved under similar circumstances. Even if the act is unintentional, the teacher may be found negligent if the judge or jury believes they did not act as one might expect a reasonable teacher to act.
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What evidence must a plaintiff present in order to prove a claim of negligence?
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1. a duty of care must have existed between the plaintiff and the defendant 2. the defendant must have breached that duty 3. the plaintiff must have been injured 4. the defendant's breach of duty must have been the proximate cause of the plaintiff's injury
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On Duty
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Courts have agreed that teachers have a duty of care while they are "on duty"
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What does "proximate cause" mean?
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the injury was either the direct result or a reasonably probable consequence of the act or omission.
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Duty of care is weighed against ________.
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1. age and maturity of the plaintiff 2. nature of the risk to which the student was exposed 3. evidence of precautions taken to lessen the risk or avoid injury.
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Contributory Negligence
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defendant argues that the plaintiff contributed to his or her own injury. Typically no damages are awarded to the plaintiff if this defense is successfully argued.
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NV immunity waiver
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the NV legislature requires public school districts to provide legal protection to its employees. For this protection to be invoked, the employee must:
a. act in good faith b. promptly notify the school attorney and request legal defense, and c. cooperate in ther defense. |
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School boards may not make rules which are __________.
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arbitrary, capricious or outside the authority given to them by the legislature. Board rules must stand the test of fairness and reasonableness
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Tinker vs. Des Moines
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in this case involving student expression, in which arm band wearing was put into question, the surpreme court ruled that freedom of speech is not lost in school, but this right is not unlimited...such practice must not be disruptive of the school's ongoing program.
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Bethel v. Fraser
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In this case involving student expression,(indecent speech) the surpreme court ruled that a school need not tolerate student speech that is vulgar and offensive and the decision rests with the school board
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Hazelwood S.D v. Kuhlmeier
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in this case involving student expression, (controlling student press), school administrators have broad discretion to regulate the content of school-sponsored publications, theatrical productions, and other expressive activities...
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Educators have broad authority to prohibit speech which conflicts with the school's educational mission and assure that:
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1. participants learn whatever lessons the activity is designed to teach 2. listeners or readers are not exposed to material inappropriate to their maturity level 3. views of individuals are not eroneously attributed to the school district (hazelwood s.d. v kuhlmeier)
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Student publication guidelines
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prohibits publishing and distributing materials that are:
obscene, contains profanity, is libelous or slanderous, advocates law breaking, would disrupt the school setting, criticizes groups, encourages actions that endanger |
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Goss v Lopez
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(student suspension) students must receive due process at alltimes and the level of due process must increase with length of suspension
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Short term suspensions require _____.
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only an informal hearing (contact w/ parent and documentation)
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Immediate suspensions require ________.
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a hearing as soon as possible.
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Long term suspensions or expulsions or more than 10 days require _.
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formal due process--a formal hearing.
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Any pupil who is found in posession of a firearm must be:
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1st occurence- be expelled from the school for a period of not less than 1 year. 2nd occurence- be permanently expelled, receive equivalent instruction
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Habitual Disciplinary Problems are defined in NV as:
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(within one school year) a. the pupil has threatened or extorted, or attempted to threaten or extort another pupil/teacher, b. pupil has been suspended for initiating at least two fights on school property, c. the pupil has a record of 5 suspensions from the school for any reason
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Define Habitual Truancy
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when a student has accumulated 3 or more unexcused absences.
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Student Search and Seizure
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Law enforcement officers mst have sufficient reason, or "propable cause" to invade a person's right to privacy. (4th Amendment) But "reasonable suspicion is a lower standard used to judge instances with teachers/school personell
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New Jersey v T.L.O
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Search of students purse for smoking in bathroom...Court found that school search and seizures are to be justified by reasonable suspicion, and the search is not excessively intrusive
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Safford Unified s.D. #1 et al. Petitioners v. April Redding
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searched a students body for pill accused by another pupil...excessive and unreasonable suspicion. Court found against School District. Only when items sought pose an immediate danger (weapons/drugs)
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Veronia School district 47J v. Acton
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Random Drug Testing--Athletic random drug testing limited to schools showing evidence of drug use. But in 2002 the courts decided that schools need not demonstrate drug use to random test athletes and can test students in any extracurricular activity.
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West VA State board of ed v. Barnette
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Students must stand and be silent during the pledge of allegiance, but students must not be coerced to participate or punished in any way for their nonparticipation
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Ingraham v. Wright
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Court decides corporal punishment in public schools is not cruel and unusual punishment.
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Nevada on the use of reasonable and neccessary force
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specific situations which warrant reasonable and neccessary force include:
1. to quell a disturbance that threatens personal injury or destruction of property. 2. to obtain possession of a weapon 3. self defense or defense of another person 4. to escort a pupil who refuses to go voluntarily w/ proper authorities |
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Dress code/uniforms
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public school districts may adopt policies requiring students to wear uniforms and/or teachers to follow dress codes.
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FERPA-student records law
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Family educational rights and privacy act, FERPA, Buckley Amendment:
Schools must annually notify parents of their rights under ferpa and must explain that parents may inspect and review records and if they believe the records to be inaccurate, they may seek to amend them. Parents also have the right to consent to disclosures of personally identifiable info in the record. |
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Define Educational Record
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Date/place of birth, parents/guardian addresses, emergency contact, grades/scores/work samples/official letters, special ed records, disciplinary records, medical/health records, attendance, personal id info
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Grading of papers by peers
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in 2002, the US supreme court ruled that the grading of student quizzes and other papers by classmates does not violate the famiy educational rights and privacy act.
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Everson: Building a Wall of Separation
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Everson v. board of Ed--the 1ft amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. State must be neutral in relation to all groups religious or non
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Abington Township v. Schempp and Engel v. Vitale
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determined that the bible may not be taught devotionally, may be used in a historical context and may be used as literature
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Lemon: The Test for Church-State separation
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(state aid to parochial schools) Surpreme court ruled that a law providing state subsidy for nonpublic school teacher salaries was unconstitutional. The lemon Test outlaws government involvement in activities which a. do not have a secular purpose b. advance or inhibit religion c. foster an excessive gov. entanglement in religion
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Bowen v. Kendrick - Public funds for Religiously Oriented Teen Sexuality Program
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Congress passed the Adolescent Family Life Act (AFLA) which provided grants to public or nonprofit private orgs and agencies for "services and research in the area of premarital adolescent sexual relations and pregnancy" Court ruled that this act passed the lemon test. --does not advance religion, valid secular purpose...
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Lee v. Weisman - School sponsored invocation/benediction
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US supreme court ruled that school-sponsored benedictions or invocations at public school graduations violate the 1st amendment
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Lamb's chapel v. center moriches union free SD--religious activities in public facilities
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school districts may legally preserve the property unter its control for the use to which is dedicated. HOWEVER, when districts open the property for public use, they may not practice viewpoint descrimination
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Zobert v. Catalina Foothills SD
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resulted in an amendment to IDEA: parents who remove their child from public school and enroll them in a private or private religious school may still be reimbursed for tuition costs if they prove in court that the public school's plan or placement is inappropriate and that the student's current placement in appropriate
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Aguilar v. Felton
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The supreme court held that the establishment clause of the first amendment barred the new york city board of education from sending public school teachers to parochial school sites to provide the required remedial education services.
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Agostini v. Felton
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Court decision stated that providing Title 1 services at parochial school sites did not violate the establishment clause. Overturned Aguilar v. Felton
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Edwards v. Aguillard
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not allowed to teach creationism in public schools
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Bd of Education of the Westside comm Schools v. Mergens
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Upheld "Equal Access Act" and created a right of student--initiated religious or political groups to meet on school premises during non-instructional time. Allowed only where school policy allows other non-curr related student groups to meet. MUST be student initiated and student led.
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Brown v. woodland Joint USD
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Impressions series challenged (textbook) claiming it supported witchcraft...court ruled it did not violate
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NV period of silence
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in 1977 Nv legislature passed a law mandating a daily period of silence be observed in public schools
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Religious Holidays in Public Schools
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Religious symbols may be used as a teaching aid or resource as long as they are used to teach a cultural and religious heritage of the holiday and are temporary in nature.
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1955 ruling on special education
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a year after Brown v. board of ed, segregation of children with disabilities was ended
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Special Ed Landmark Cases
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Mills v. Board of ed of dist of columbia, PARC v. commonwealth of penn (1970s) laid the foundation upon which our current special educatin las has been built. These cases were successful in challenging segregated, inconsistent, or nonexistent programs for educating children with disabilities. Demanded FREE APPROPRIATE EDUCATION and individualized ed program (IEP) and due process procedures
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IDEA--Individuals with disabilities Education Act
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1990, the EAHCA was retitled IDEA.
1. all children with disabilities must be educated 2. education must be provided in the least restrictive environment 3. education must be individualized and appropriate to the child's unique needs 4. education must be provided at no cost 5. procedural protections are required to ensure that the requirements are met. |
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Free and Appropriate Public Education FAPE
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special education and related services are provided at the public expense and without charge to parents. Parents must be able to participate in IEP development, notified of changes...
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FAPE does not require _____.
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that children be educated to "reach their full potential"--only required to provide a "floor of opportunity" to recieve services but not guaranteed a certail level be met.
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Forest Grove SD v. T.A. -reimbursement for private school tuition
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court ruled that the parents of a student with disabilities who unilaterally enrolled their child in a private school wold be reimbursed for the tuition and their expenses...based on the public school's inability to, or lack in, providing the student with "free and appropriate (special) education (services).
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Least Restrictive Environment (IDEA)
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students with disabilites must be educated with non-disabled students to the "maximum extent appropriate". NV placement is weighed on the academic benefit to students and the possible negative effects of mainstreaming on the classroom climate
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Holland Test (Spec Ed)
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determines the level of mainstreaming appropriate for an individual student:
1. the nonacademic/social benefits to the child w/ disabilities 2. the educational benefits available to a child in a regular classroom 3. the negative effect, if any, of the presence of the child w/ disabilities on the teacher and other children in the regular classroom 4. the cost of supplementary aids and services necessary to mainstream the child w/ disabilities in a reg classroom |
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Poolaw v. Bishop
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The court in applying the "Holland Test" stated that "the IDEAs preference for mainstreaming is not an absolute commandment"
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Recent court findings on mainstreaming (IDEA)
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sending clear message that merely housing a child w/ disabilities in a regular classroom with peers of the same age with whom the student has little or no meaningful interaction with does not meet the child's need for specific instruction from teachers with the expertise to affect educational benefit.
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Section 504 of the Rehabilitation Act of 1973
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No otherwise qualified person with a disability in the U.S. shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
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Section 504 of the Rehabilitation Act of 1973 and AIDS
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healthy carriers as well as those who live with active AIDS are covered under 504: Individuals are evaluated by the following:
1. the nature of the risk 2. the duration of the risk 3. the severity of the risk 4. the prob the disease will be transmitted and will cause harm |
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Southeastern Comm College v. Davis "Otherwise Qualified" requirement
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US supreme court held that a college did not discriminate against a student (hearing impared) when denying admission into nursing program b/c it imposed financial hardship to maintain accomodations
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NV AIDS statutes
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requires health authorities to direct actions regarding AIDS within schools. It also requires health authorities to notify school dist superintendents of the presence of AIDS...
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ADA- The Americans with Disabilities Act (1990)
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ADA protects persons diagnosed with infectious diseases if they are otherwise qualified (pose no direct threat to the health and safety of others). ADA prohibits discrimination in all employment practices.
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ADA
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contain explicit provisions prohibiting discrimination on the basis of disability, but do not provide for fe. financial assistance for ed programs
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504 and ADA define a person with a disability as __________.
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in terms of a physical or mental impairment that substantially limits one or more of the person's major life activities, rather than IDEA's in terms of a child's need for spec ed and related services |
