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Nevada School Law Ch 2
Test
30
Law
Graduate
10/24/2009

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Term
Board of Regents of State Colleges v ROTH
Perry v Sindermann
Definition
postprobatiory or tenured teachers are entiled to due process of law under the 14th Amendment prior to be being terminated
Term
What kinds of teachers gain due process protections under the 14th Amendment? Which law? What does the law say?
Definition
Federal law; only tenured and postprobationary teachers; requires school district officials to provide reasons and a hearing before a teacher's contract is renewed
Term
What about states and protection of teachers?
Definition
State legislature may choose to provide additional employee protections and Nevada have extended due process protections to probationary employess
Term
Pickering v Board of Educ
Definition
teachers enjoy a limited 1st Amendment right to express opinions criticizing the actions of the school administration when such expression is found to relate to matters of public interest or concern; you don't give up the right at the school gate
Term
Reasons for dismissal
Definition
inefficienty, neglect of duty, insubordination, conduct unbecoming of teacher, immorality, other causes
Term
inefficienty
Definition
incompetency-lacks of some ability:inability to mainain discipline, inproper teaching techniques, refusal to accept teaching advice of supervisor
Term
neglect of duty
Definition
persistent violation of school laws, rules, regulations, or directives
Term
insubordination
Definition
persistent violation of directives by administrators or supervisors regarding issues such as a) student discipline b) requiring problem students to be sent to the principal;s office c) use of library or other school facilities by studnets while scheduled to be in class d) use of cleanliness of classroom
failure to allow supervisory personeel to observe him/her in the classroom
Term
conduct unbecoming a teacher
Definition
materially impairs his/her educational effectiveness: unproper relationship of the etacher to student, verbal or physical abuse of students
Term
immorality
Definition
NRS Chaptre 391: sexual assault, indecent or obscene exposure
Term
other causes of teacher dimission
Definition
Reduction in Force "RIF" a justifable decrease in the number of positions due to decreased enrollment or district reorganization, goes usually by seniority
Term
Nevada-specific reasons for teacher dismissal
Definition
conviction of felony or of a crime involving moral turitude
Term
Evaluation
Definition
satisfacory or unsatisfactory; postprobatiory teachers once a year, probatiory 3 times a year
Term
Probatiory teachers
Definition
must be notified in writting by March 1 if an employee's chances for reemployment are at risk
Term
Postprobatiory status
Definition
successfully completing 2 year probatiory period, the 2nd year of probationary period shall be waived by the superintendant of schools if the employee has received 3 satisfactory evaluations during the 1st year of probatiory period
Term
Hortonville Joint School District 1 v Hortonville Education Associattion et al
Definition
dismissal of striking teachers, Nevada is a "right-to-work" state and prohibits teacher strikes
Term
Can the teacher join any employee organization?
Definition
yes, and school board cannot disciminate in any way on account of membership or nonmembership
Term
To which matters mendatory bargaining is limited?
Definition
wages, hours, and conditions of employement. Local schools must negotiate in good faight
Term
Which matters are not within the scope of state mendatory bargaining law?
Definition
1) the right to assign or transfer employees (except for punitive reasons)2)the right to determine work performance standards 3) the right to determine content of the work day
Term
Which acts are linked to sexual harassment?
Definition
Title 7 of the Civil Rights Act 1964 (protects employees against sexual harassment in the workplace) and Title 9 of Education Amendments 1972 (prohibits sex dicrimination in educational institutions)
Term
Two types of sexual harrasment
Definition
quid pro quo (something for something) and non quid pro quo (actions or verball messages creating an offensive, hostile, or intimidating work environment-hostile work environment)
Term
Meritor standard
Definition
abusive work environment - a reasonable peson would find hostile or abusive and one in which the victim's subjective perception is that the environment is abusive
Term
Two cases which were talking about sex harrasment
Definition
Meritor Saving Bank, FSB v Vinson 1984
Henson v Dundee 1982
Term
Franklin v Gwinett County Public School
Definition
recovery of monetary damages was available under Title 9 for the sexual harrasment of a studnet by the schoolteacher when the school officials intentionally took no action to halt it
Term
Harris v Forklift Systems
Definition
proving "abusing work environment" harrasment no longer requires evidence of serious psychological damage, but may be ascertained by considering all of the circumstances involved in the situation
Term
Gebster v Lago Vista Independent School District
Definition
under Title 9 a student sexually harassed by a teacher could recover damages against the school distict only if a school official with authority to take corrective action was notified of the harrasment
Term
Davis v Monroe County Board of Educ
Definition
school was found to be delibaretely indifferent to the harrasment
Term
To protect teachers and other employees from a violent student the board of each school district have to:
Definition
inform each employee of the disstrict who may have consistent contact with te pupil if that pupil has , within the preceding 3 years unlawfully caused or attempted to cause serious bodily injury to any person. The district shall provide this inf based upon any written records that the district maintains or which it receives from a law enforcement agency or a court.
Term
What the Nevada law states about reporting child abuse?
Definition
That abuse or neglect must be immediately reported if one knows or has reason to believ that a child has been abused or neglected (physical, mental, negligent treatment or maltreatment)
Term
what the copyright law say?
Definition
"fair-use", reasonable manner.
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