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30 Cards in this Set

  • Front
  • Back
Which teachers are entitled to due process under the 14th Amendment to the U.S. Constitution before being terminated (or fired)?
Post-probationary (or tenured) teachers.
What expectation have post-probationary teachers earned?
Post-probationary teachers have earned the “expectation of re-employment.”
Has Nevada given probationary teachers the expectation of re-employment?
What are the two types of due process?
1) Procedural; and,
2) Substantive.
What is procedural due process?
Procedural due process are the steps that must be taken to determine if someone is guilty. The proceedings must be: (a) fair, and (b) impartial.
What is substantive due process?
Substantive due process refers to the extent and nature of due process.
What part of a teacher’s right to free speech under the 1st Amendment can be limited?
A teacher can be restricted from criticizing the school administration if the criticisms are detrimental to running the school.
A teacher can be fired for inefficiency. What is inefficiency?
Inefficiency is a lack of ability, including teaching skills, subject knowledge, and following instructions of supervisor.
A teacher can be fired for being persistently late, failing to complete assignments or lesson plans. What is this called?
Neglect of duty is the persistent violation of school laws.
A teacher can be fired for persistently violating rules, such as failing to discipline students or allowing them to use other school facilities when they should be in class. What is this called?
Insubordination is the persistent violation of school directives regarding administrative issues.
A teacher can be fired for doing things that make him unable to teach, such as physically threatening students, getting into a relationship with a student, etc… What is this called?
Conduct unbecoming of a teacher is conduct that materially impairs the educational effectiveness of a teacher.
A teacher can be fired for committing certain crimes, such as sexual assault, child abuse, incest, lewdness, etc… What is this called?
Immorality is defined by statute, and involves certain forbidden acts.
Nevada law prohibits teachers from engaging in sexual conduct with students of which age?
Nevada law prohibits teachers from having sexual contact with students aged 16 & 17. Federal law prohibits contact with students aged 15 and younger.
A teacher can be fired for “good and just causes” due to financial or enrollment shortfalls. What are these policies known as?
Reduction in Force, or RIF, policies.
How has the No Child Left Behind Act changed RIF policies?
Before the No Child Left Behind Act, teachers would be fired due to RIF policies based on seniority only, now the districts can consider other reasons.
When the performance of teachers is evaluated, what are the possible results?
Satisfactory or unsatisfactory.
How often are post-probationary teachers evaluated?
At least once per year.
How often are probationary teachers evaluated?
Three times per year.
What must the school give to a probationary teacher whose chances for re-employment are at risk?
The school must notify the teacher in writing by March 1 of the decision and the teacher has the opportunity to be re-evaluated by another administrator.
How long is the probationary period?
Two years. If the teacher gets three satisfactory ratings during his first year, the probationary period may be only one year.
When is a teacher subject to immediate dismissal?
If the teacher is dishonest, immoral, is physically or mentally incapacitated, is convicted of a felony, or due to RIF (reduction in force) policies.
Can teachers go on strike in Nevada?
No. Nevada is a “right to work” state and teacher strikes are prohibited by law.
What are the primary issues addressed by teacher’s unions (or collective bargaining agreements)?
Wages, hours, and conditions of employment.
What are the two primary types of sexual harassment that are prohibited by law?
Discrimination based on sex and creation of a hostile work environment.
What confidential information is given to teachers regarding violent students?
They are given the name of any child who has caused, or tried to cause, serious bodily harm to another person within the last three years. They are also told what injury the child caused, the type of weapon used by the child, and about any threats made by the child. This information must be kept confidential.
Under “progressive discipline” plans, how long can a teacher unilaterally remove a student from his classroom?
Up to three days. Afterwards, the principal needs to hold a conference with the student, teacher, and parent to decide if the student will return to the classroom or be placed elsewhere.
What types of communications between a teacher and a student are privileged?
If a student discusses possession or use of alcohol or drugs while the teacher is counseling the student on the subject, the teacher cannot discuss the conversation during any civil or criminal action.
What types of communications between a student and a counselor are privileged?
All communications are privileged except communications about a criminal offense punishable by death or life imprisonment.
If a teacher knows a student has been abused, or has reason to believe a child has been abused, he must report it. What is the definition of child abuse?
1) Non-accidental physical or mental injury;
2) Sexual abuse;
3) Neglect by a person responsible for the child’s welfare.
What is the “fair use” doctrine?
Teachers can use single copies of copyrighted material, or 10% of copyrighted multiple copies of copyrighted material, or 10% copyrighted music or videos up to a total of 30 seconds, 10% of motion media up to 3 minute, or PBS shows up to 10 days after they are aired.