Shared Flashcard Set

Details

Nevada Law/US Constitution
Teacher Provision
28
Law
Post-Graduate
01/22/2015

Additional Law Flashcards

 


 

Cards

Term
Board of Regents of State Colleges VS. Roth and Perry VS. Sinderman
Definition
determined that postprobationary or tenured teachers are entitled to due process of law under the 14th Amendment prior to being terminated.
Term
Pickering VS. Board Of Education
Definition
teachers enjoy a minimally limited 1st Amendment right to express personal opinions. Cannot criticize the actions of the school administration.
Term
Hanes VS. Board of Education of the City of Bridgeport
Definition
Good and just cause for termination of employment.
Term
Hortonville Joint School District VS. Hortonville Education Assoc.
Definition
The US Supreme Court upheld the dismissal of striking teachers employed in the state of NV. NV is a right to work state.
Term
Meritor Savings Bank VS. Vinson
Definition
Sexual conduct constitutes prohibited sexual harassment, whether or not it is directly linked to the grant or denial of an economic quid pro quo. Cannot interfere with individuals work perfomance.
Term
Henson VS. Dundee
Definition
Sexual harassment which creates a hostile or offensive work environment for members of one sex is every bit the arbitrary barrier to sexual equality at teh workplace that racial harassment is to racial equality.
Term
Franklin VS. Gwinett Schools
Definition
The court held that the recovery of monetary damages was available under title IX for the sexual harassment of a student by a teacher when schools do nothing to stop it.
Term
Harris VS. Forklift
Definition
An abusive work environment no longer requires evidence of serious psychological damage. All of the circumstances must be considered.
Term
Gebser VS. Lago Vista
Definition
the court held that under Title IX a student sexually harassed by a teacher could recover damages against a school only if the school official with authority did nothing about it. Deliberate indifference.
Term
Aurelia Davis VS. Monroe
Definition
was sexually harassed by another students. The school took no action and it was decided that monetary damages could be recovered.
Term
In regards to violent students, the district must notify teachers that...
Definition
The name of the child
a description of the type of injury, weapon used and any threats made.
Term
Overall purpose of Parent Involvement is...
Definition
better communication between school and parents.
positive involvement
involve parents in decision making in regards to their childs education.
Term
Fair Use Law
Definition
The 9th Circuit Court of Appeals ruled that copyrighted material could be using in a reasonable manner without the owners consent.
Term
School Related Torts
Definition
These are frequent suits that parents file on behalf of their child claiming that person injury was the result of the school teachers negligence.
Term
To Prove Negligence for elements are needed. They are...
Definition
A duty of care must have existed between the plaintiff and defendant.
The defendant must have breached their duty.
The plaintiff must have been injured (physical or emotionally)
The defendants breach of duty must have been the proximate cause of plaintiff injury.
Term
Assumption of Risk is...
Definition
Plaintiff knew or should have known the level of risk,
Plaintiff had sufficient time, knowledge, and experience to choose to avoid risk.
Term
Molitor VS Kaneland
Definition
Schools can no longer rely upon "immunity". Basically schools can be sued.
Term
Nevada Immunity Waiver is...
Definition
Legal protection for school employees. In order for protection to happen employees must, (a) act in good faith, (b) promptly notify the school attorney and request legal defense, (c) cooperate in their defense
Term
Peter Wagenblast VS. Educational Malpractice
Definition
School Liability Release Forms must be signed by parents for school activities.
Term
Bullying
Definition
A repeated exposure (over time) to negative actions of other students. They can be physical, emotional, harassment or intimidation.
Term
Tinker VS. Des Moines School Board
Definition
A couple of students wore black arm bands in protest to the Vietnam war. This was against school policy so they were suspended. The Supreme Court found this to be unconstitutional.
Term
Bethel VS. Fraser
Definition
Fraser gave a speech nominating a friend for office. His speech consisted of sexual innuendo. The supreme court ruled that speech may be limited when sexually explicit when the audience includes children.
Term
Morse VS. Frederick
Definition
The court ruled that the 1st amendment does not prevent educators from suppressing student speech.
Term
Hazelwood VS. Kuhlmeier
Definition
A long term substitute approved publication a school paper for two questionable articles. One about a teen pregnancy the other about a parents divorce. Educators must be sure that students learn whatever lessons the activity is designed to teach, listeners are not exposed to material above maturity level, and personal views are no erroneously attributed.
Term
Goss VS. Lopez
Definition
The Supreme Court ruled that students have a property of interest in public education and sufficient liberty of interests.
Term
Habitual Truancy
Definition
Educators must notify law enforcement agencies of a truant student. Habitual truancy is defined as 3 or more Unexcused absences.
Term
New Jersey VS T.L.O
Definition
The Supreme determined that the 4th amendment did not apply to schools and in order for searches to be allowed, reasonableness must prevail. There are 2 requirements: 1st is whether the seach is initially justified by reasonable suspicion, 2nd is whether the methods used in the search are reasonably related to the search and are not excessively intrusive.
Term
Safford District VS. April Redding
Definition
A 14 year old student was strip searched for pills. The court ruled it was excessive and violated her 4th amendment rights.
Supporting users have an ad free experience!