Term
Board of Regents of State Colleges v. Roth
Perry v Sinderman |
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Definition
| Determined that postprobationary or tenured teachers are entitled to due process of law under 14th Amendment prior to termination |
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Term
| due process to postprobationary or tenured teachers |
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Definition
Board of Regents of State Colleges v. Roth
Perry v Sinderman
Teachers have earned an "expectation of reemployment" |
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Term
| Due process to probationary teachers |
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Definition
| NV has extended due process to probationary teachers |
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Term
| Due process elements affecting teacher employment |
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Definition
1. procedural -- actual legal steps that must be adhered to in court ... must be fair and impartial
2. Substantive - extent and nature of the content emanating from teacher's right to liberty and property as defined by 14th amendment |
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Term
| Pickering v. Board of Education (1968) |
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Definition
| teachers enjoy a minimally limited 1st Amendment right to express opinions. Speech limited only to criticizing the actions of the school admin when expression is detrimental to school operation. |
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Term
| Reasons for teacher dismissal |
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Definition
| Inefficiency, neglect of duty, insubordination, conduct unbecoming a teacher, immorality, good and just causes |
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Term
| NV Statue reasons for dismissal, suspension, demotion, refusal to reemploy |
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Definition
| inefficiency, immorality, unprofessional conduct, insubordination, neglect of duty, physical or mental incapacity, RIF, felony or moral turpitude conviction, inadequate performance, unfitness for service, failure to comply with board requests, failure to show professional growth, advocating overthrow of US or NV, dishonesty, willful neglect, breaches in security of state tests, use of physical restraint on disabled, misconduct, failure to report bullying, cyberbullying, harassment or intimidation |
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Term
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Definition
| effective 2011, seniority cannot be the sole basis of lay off decisions |
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Term
| Hanes v. BOE of the City of Bridgeport |
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Definition
| Good cause included any ground which is put forward by the school committee in good faith and which in not arbitrary, irrational, unreasonable, or irrelevant to the committee's task of building up and maintaining an efficient school system." |
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Term
| Teacher Evaluation Ratings |
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Definition
| performance will be Highly Effective, Effective, Minimally Effective, Ineffective |
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Term
| Teacher Evaluation and student achievement |
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Definition
| student achievement must account for at least 50% of the teacher evaluation |
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Term
| NV Teacher Eval System - post probationary eval of minimally effective or ineffective |
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Definition
| must be evaluated 3 x in the following year. overall perfromance shall be determined to be satisfactory or unsatisfactory |
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Term
| probationary teachers or administrators -- minimally effective or ineffective on 1st or 2nd eval |
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Definition
| may request outside evaluator for third eval |
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Term
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Definition
postprobationary teachers -- at least 1x/year
probationary teachers -- 3x/year |
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Term
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Definition
must be used in the dismissal process
recommendations must be noted on eval
reasonable efforts must be made to assist teacher
input may be provided by teacher, admin, pupils, other teachers |
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Term
| postprobationary teacher with 2 years of unsatisfactory rating |
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Definition
shall be considered a probationary teacher again
cannot be superceded by union bargain |
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Term
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Definition
three 1-year periods
no waiver for any years
no right to reemployment after any of 3 years
must be notified by 1 march if not to be rehired
evals by dec 1, feb 1, and april 1 each year
can request outside eval by other district admin chosen by teacher and superintendent
cannot be superceded by union bargain |
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Term
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Definition
| teachers are subject to immediate dismissal of nor rehire due to dishonesty, immorality, physical or mental incapacitation, conviction of a felony or moral depravity |
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Term
| Hortonville Joint School District No. 1 v Hortonville Education Association et al |
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Definition
| US Supreme Court upheld the right to dismiss striking teachers in a state prohibiting strikes |
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Term
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Definition
| Cannot bargain right to assign or transfer teachers, right to determine performance standard, right to determine content of work day |
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Term
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Definition
| salary, sick and vacation leave, holidays, leaves of absence, insurance, total hours worked, number of days worked, discharge/disciplinary procedures, recognition, teacher classification system, dues deduction, union membership discimination, no-strike provisions, grievence, savings, bargain durations, teacher safety, prep time, classroom materials and supplies, RIF, transfer and reassignment of teachers |
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Term
| Title VII of Civil Rights Act of 1964 |
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Definition
| protects teachers from sexual harassment in the workplace |
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Term
| Title IX of Education Amendments of 1972 |
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Definition
prohibits sex discrimination in educational institutions
enforced by USDOE Office for Civil Rights |
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Term
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Definition
| Equal Employment Opportunity Commission |
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Term
| EEOC -- 2 types of sexual harassment |
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Definition
1. quid pro quo -- something for something
2. non quid pro quo -- actions of verbal msgs creating a hostile work place -- "hostile work environment" harassment |
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Term
| Meritor Savings Bank, FSB v Vinson |
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Definition
1986 -- US Supreme Court defined an abusive work environment as one that a reasonable person would find hostile or abusive
referred to as the Mentor Standard (court expanded definition of harassment to include hostile work environments) |
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Term
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Definition
| appellate court made connection between racial and gender barriers to equality |
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Term
| Franklin v. Gwinnett County Public Schools |
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Definition
| 1992 -- US Supreme Court said recovery of monetary damages was available under Title IX to students harassed by teachers when school did nothing to stop it. (Prior to this OCR could only withhold federal money for offense.) |
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Term
| Harris v. Forklift Systems |
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Definition
| US Supreme Court ruled that under Title VII, psychological damage was no longer required to show an abusive work environment, Instead, multiple measures may be used. |
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Term
| Gebser v. Lago Vista Independent School System |
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Definition
| US Supreme Court ruled under Title IX, student could only recover damages if student notified school official with power to stop the behavior and official failed to act or showed "deliberate indifference" -- harassment had happened off campus. school won |
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Term
| Davis v. Monroe County Board of Education |
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Definition
| Under Title IX, student may claim damages for peer harassment if (1)school is deliberatly indifferent to harassment report and able to stop it, (2) student is denied equal access to education due to harassment |
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Term
| Protection from Violent Students - NV statutes |
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Definition
| school board must notify anyone who comes into regualr contact with student of any violent behavior in past three years -- notified teachers must keep info confidential |
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Term
| NV law regarding "progressive discipline" of students |
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Definition
teacher may remove student from classroom for up to 3 days,
placement conference must occur within 3 days with parent, admin, teacher, and student
if admin decides to reinstate student and teacher disagrees, student remains in alternate locale until committee can review
student may be reinstated, expelled, suspended, assigned to new teacher |
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Term
| teacher/student privileged communication |
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Definition
| communication by student to a teacher about drug/alcohol possession or usage while being counseled is privileged. Cannot be shared in civil/criminal action without consent of student. |
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Term
| counselor/student privileged communication |
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Definition
| except for communications relating to criminal offense punishable by death or life imprisonment, all communication is privileged. |
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Term
| child abuse/neglect reports |
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Definition
Teachers must report
--protected under law with immunity from civil or criminal liability if reported in good faith |
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Term
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Definition
2011 -- Office of Parental Involvment and Family Engagement created
--Commission on Professional Standards must prescribe course work on parental involvement
-- Regional Professional Developmet Programs must provide training
-- schools have to give 9th grade parents 4-yr academic plan,, info on certain courses, college admission guides, and gov guinn scholarship info |
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Term
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Definition
--fair use
--may never make second set of copies of same work without consent
--may not reuse copies multiple years or quarters
--may not make own anthology of works or copy workbooks |
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