1.2: Nevada School Law 2011

Front 1

Which teachers are entitled to due process under the 14th Amendment to the U.S. Constitution before being terminated (or fired)?

Back 1

Post-probationary (or tenured) teachers.

Front 2

What expectation have post-probationary teachers earned?

Back 2

Post-probationary teachers have earned the “expectation of re-employment.”

Front 3

Has Nevada given probationary teachers the expectation of re-employment?

Back 3

Yes.

Front 4

What are the two types of due process?

Back 4

1) Procedural; and,
2) Substantive.

Front 5

What is procedural due process?

Back 5

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.

Front 6

What is substantive due process?

Back 6

Substantive due process refers to the extent and nature of due process.

Front 7

What part of a teacher’s right to free speech under the 1st Amendment can be limited?

Back 7

A teacher can be restricted from criticizing the school administration if the criticisms are detrimental to running the school.

Front 8

A teacher can be fired for inefficiency. What is inefficiency?

Back 8

Inefficiency is a lack of ability, including teaching skills, subject knowledge, and following instructions of supervisor.

Front 9

A teacher can be fired for being persistently late, failing to complete assignments or lesson plans. What is this called?

Back 9

Neglect of duty is the persistent violation of school laws.

Front 10

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?

Back 10

Insubordination is the persistent violation of school directives regarding administrative issues.

Front 11

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?

Back 11

Conduct unbecoming of a teacher is conduct that materially impairs the educational effectiveness of a teacher.

Front 12

A teacher can be fired for committing certain crimes, such as sexual assault, child abuse, incest, lewdness, etc… What is this called?

Back 12

Immorality is defined by statute, and involves certain forbidden acts.

Front 13

Nevada law prohibits teachers from engaging in sexual conduct with students of which age?

Back 13

Nevada law prohibits teachers from having sexual contact with students aged 16 & 17. Federal law prohibits contact with students aged 15 and younger.

Front 14

A teacher can be fired for “good and just causes” due to financial or enrollment shortfalls. What are these policies known as?

Back 14

Reduction in Force, or RIF, policies.

Front 15

How has the No Child Left Behind Act changed RIF policies?

Back 15

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.

Front 16

When the performance of teachers is evaluated, what are the possible results?

Back 16

Satisfactory or unsatisfactory.

Front 17

How often are post-probationary teachers evaluated?

Back 17

At least once per year.

Front 18

How often are probationary teachers evaluated?

Back 18

Three times per year.

Front 19

What must the school give to a probationary teacher whose chances for re-employment are at risk?

Back 19

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.

Front 20

How long is the probationary period?

Back 20

Two years. If the teacher gets three satisfactory ratings during his first year, the probationary period may be only one year.

Front 21

When is a teacher subject to immediate dismissal?

Back 21

If the teacher is dishonest, immoral, is physically or mentally incapacitated, is convicted of a felony, or due to RIF (reduction in force) policies.

Front 22

Can teachers go on strike in Nevada?

Back 22

No. Nevada is a “right to work” state and teacher strikes are prohibited by law.

Front 23

What are the primary issues addressed by teacher’s unions (or collective bargaining agreements)?

Back 23

Wages, hours, and conditions of employment.

Front 24

What are the two primary types of sexual harassment that are prohibited by law?

Back 24

Discrimination based on sex and creation of a hostile work environment.

Front 25

What confidential information is given to teachers regarding violent students?

Back 25

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.

Front 26

Under “progressive discipline” plans, how long can a teacher unilaterally remove a student from his classroom?

Back 26

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.

Front 27

What types of communications between a teacher and a student are privileged?

Back 27

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.

Front 28

What types of communications between a student and a counselor are privileged?

Back 28

All communications are privileged except communications about a criminal offense punishable by death or life imprisonment.

Front 29

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?

Back 29

1) Non-accidental physical or mental injury;
2) Sexual abuse;
3) Neglect by a person responsible for the child’s welfare.

Front 30

What is the “fair use” doctrine?

Back 30

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.