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Nevada School Law
For teacher license renewal
49
Education
Post-Graduate
09/12/2008

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Cards

Term
Board of Regents of State Coll v. Roth and Perry v. Sindermann
Definition
postprobationary or tenured teracheres entitled to due process of law under 14th Amendment prior to termination
Term
Pickering v. Board of Ed
Definition
Teachers enjoy limited 1st Amend righ to express opinions criticizing the actions of the school admin. when related ot matters of public interest and concern
Term
Reasons for teacher dismissal
Definition
inefficiency, neglect of duty, insubordination, conduct unbecoming a teacher, etc.
Term
When should admin notify prob teachers if chances of reemployment at risk?
Definition
Feb 15
Term
How long is probationary period?
Definition
2 years unless 2nd year waived for receiving 3 satisfactory evals
Term
Hortonville Joint School District No. 1 vs.Hortonville Educ. Assoc.
Definition
Upheld dismissal of striking teachers. NV is "right to work" state
Term
Mandatory bargaining limits
Definition
wages, hours, and conditions of employment
Term
Title VII of Civil Rights Act 1964
Definition
Protects against sexual harrass. in workplace
Term
Title IX Educ. Amend of 1972
Definition
Prohibits sexual discrimination in the educational institutions
Term
"Meritor" standard
Definition
"abusive work environment"; victim's perception is that environ. is abusive (hostile work environment)- sexual harrassment
Term
Franklin v. Gwinett County Public Schools
Definition
recovery of monetary damages was available under Title IX for sexual harassment of a student by a teacherr when school officials intentionally took no action to halt it
Term
Davis v. Monroe County Board of Ed (1999)
Definition
damages for peer harass may be awarded under Title IX if 1) school deliberately indifferent to the harassment 2) plaintiff must show that harassment so severe and pervasive and detracts from the victim's educational experience
Term
When was law passed requiring schools to develop plan for "progressive discipline"?
Definition
1999
Term
"Fair use" doctrine/1976 Copyright Act
Definition
purpose and character of use; nature of copyrighted work; amount used; effect of use upon potential market
Term
4 elements of negligence
Definition
1) duty of care existed 2) defendant breached duty of care 3) plaintiff injured 4) breach of duty caused injury
Term
Negligence defense
Definition
Assumption of Risk
Contributory Negligence
Immunity
Term
Peter W.
Definition
Educational Malpractice
Term
Tinker- School Political Expression
Definition
Students possess fundamental inalienable rights (freedom buttons and armbands weren't disruptive
Term
Bethel
Definition
Indecent Speech- free speech may be limited when children present and captive audience
Term
Hazelwood
Definition
School admin has authority to censor and prohibit when conflicts with educational mission
Term
Hazelwood
Definition
School admin has authority to censor and prohibit when conflicts with educational mission
Term
New Jersey v. T.L.O
Definition
4th Amendment (search & seizure) did apply to schools; reasonableness must prevail
Term
FERPA
Definition
Family Educational Rights and Privacy Act
Term
Does grading peer papers violate FERPA>
Definition
No
Term
Where and when did Nevada Constitutional Convention take place?
Definition
Carson City
July 4, 1864-July 28, 1864
Term
State reps?
Definition
Depending on population and area.
Term
How often does legislature meet?
Definition
Biennialy-once every 2 years
Term
How long does a governor serve? How many terms.
Definition
4 years; 2 terms
Term
How long is senator's term?
Definition
4 years
Term
Board of Ed. Westside Comm. Schools v. Mergens (1990)
Definition
Students have their own rights to organize groups in public. schools whether it be religious, political, philosophical etc when district allows other noncurriculum-related student groups to meet on campus
Term
Agostini (1997)
Definition
Title I services at parochial school sites didnot violate the Establishment Clause---can be at private/private religious school sites
Term
Zobrest
Definition
requested publically-funded spec. ed services at private schols--msut prove public plan/placement not approp.
Must inform IEP team, must give 10 business day written notice, must make child available for eval. or parent must be reasonale when dealing with dist.
Term
Everson v. Board of Ed
Definition
Wall of separation b/w church and state
Term
Abington
Definition
End of school sponsored prayer and bible reading; states must be neutral toward rel. and forbids states establishment of religion
Term
Lemon v. Kurtzman
Definition
"Test" for church-state separation
Term
What is the 3-pronged test established in the Lemon case?
Definition
Gov't involvement outlawed when
a)activities did not have a secular purpose
b)advanced the inhibited religion
c) fostered an excess. gov't entanglement w/ religion
Term
Give example of entanglement (Lemon test)
Definition
Bookkeeping problems involving tracking public monies through private school accts.
Term
Bowen v. Kendrick (1988)
Definition
Public funds for religiously-oriented teen sexuality program; 5-4 decision ruled that it did NOT violate 1st amend because it had a valid secular purpose (econom. prob. caused by teenage sexuality), primary purpose not advancing religion, and no entanglement of church and state (passed Lemon test)
Term
ADA
Definition
The Americans w/ Disabilities Act, 1990
Term
Tell about ADA, 1990
Definition
included protecting persons diagnosed with infect. diseases (eg. HIV); mostly employment related; prohibits discrimination in all employ. practices
Term
Which cases laid the foundation for current spec. ed laws?
Definition
Mills v. BOE of Dist. Col nd P.A.R.C v. Commonweal. of Pennsylvania
Term
What did Mills and P.A.R.C establish for sp. ed. students?
Definition
free appropriate education, IEPs, and due process procedures
Term
"Holland Test"
Definition
1. non-academic/social benefit
2. educational benefit
3. negative effect
4. costs
Term
Who has authority in NV?
Definition
Ninth Circuit Court of Appeals
Term
Rowley (1982)
Definition
Door of Opportunity; doesn't require student to reach full potential
Term
Ryan K. (sp.ed case)
Definition
Case where his LRE (Least Restrictive Environment) was STARS program. Failed the "Holland Test"
Term
What year was IDEA amended?
Definition
2004-chld may be disciplined in same manner as nondisabled children unless:
a) behavior caused by disability, b)infraction had direct relation. to disability, c)school failed to properly implement IEP
Term
Under revised IDEA, name conflict resol. opportunities
Definition
-complaint notification, resolution session (within 15 days of complaint), mediation (paid by state), due process hearing
Term
Section 504 (of Vocational Rehab Act) and ADA
Definition
May not have disabilities covered in IDEA (eg. ADD and ADHD);
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