deals with education

section 1 - legislature encourages educ.; superintendent

section 2 - uniform system of schools

section 5 - establishment of schools; oath of teachers

section 6 - support of common schools by fed. funds

Nevada Revised Statutes

published biennially (once every two yrs)

system of public instruction

deals with:

issues w lost school days

personnel

(defines immorality as a reason a teacher can be dismissed)

pupils

(deals with violent students)

(addresses progressive discipline)

7 voting memebers

• 1 voted in by each congressional district in the state (4)
• 1 appointed by governor
• 1 nominated by Majority Leader of Senate and appointed by governor
• 1 nominated by the speaker of the assembly appointed by governor

4 non-voting members (all appointed by governor)

• 1 who is a member of the board of trustees of the SD nominated by NV assoc. of school boards
• 1 superintendent nominated by NV assoc. of School Superintendents
• 1 who represents NV system of higher ed. nominated by Board of Regents of UNLV
• 1 student in a public school nominated by the NV Assoc. of student council

approve textbooks

suspend or revoke license of any teacher

superintendent

(nrs 385)

• issues teacher licenses
• manages all activities of the department
• employs personnel for the department
• organize department; liaison w other state agencies
• additional duties (1/yr to each county in the state, prepares Nevada Laws on Education biennially for the governor)

9 members, all appointed by the governor

• 1 el.ed. teacher
• 1 middle teacher
• 1 hs teacher
• 1 spec.ed teacher
• 1 SD counselor
• 1 principal
  1 other admin
• 1 dean of college of ed (unr or unlv)
• 1 member to represent general public)

***must have 1 private ed. representative***

• determine qualifications, rules, and standards for teacher and spec.ed licensure
• parental involvement
• set fees for license renewal
• write annual report on revised regulations adopted

coincide with county boundaries (w/ exception of Carson City SD)

17 in all

CCSD enrolls 70% of state student population

5 or 7 trustees based on a district's enrollment

elected by district residents

the nevada open meeting law

requires that the school boards conduct meetings in public businesses that have been well publicized and are open to the public

• disciplinary hearings involving a student (nrs 241)
• labor negotiations (nrs 288)
• emergency plans for response to crisis

"input from public is required"

7

- 2 by governor

- 2 by M.L. of senate

- 2 by speaker of assembly

- 1 by charter school assoc. of NV

• subject to a performance audit every 3 yrs.
• 75% of graduating seniors must pass the state proficiency exam
• provide an annual report of accountability information

What case law guarantees due process of law to post-probationary or tenured teachers?

(14th amendment)

***also extended to probationary teachers in NV

english magna carta in 1215

board of regents of state colleges v. roth

perry v. sindermann

1. contemplated nonrenewal

2. reasons for nonrenewal

3. an afforded opportunity for a hearing

1. procedural 

2. substantive

the actual legal steps that must be adhered to in court to ascertain the guilt or innocence of an individual

1. fairness

2. impartiality of the proceedings

1. inefficiency/incompetency
2. neglect of duty
3. insubordination
4. conduct unbecoming a teacher
5. immorality
6. good and just causes (RIF)
7. physical or mental incapacity
8. conviction of a felony or of a crime involving moral turpitude
9. evident unfitness for service
10. failure to show normal improvement and evidence of professional training and growth
11. advocating overthrow of the gov. of the US or teaching communism
12. breaches in security or confidentiality of proficiency exams

(lack of some ability)

• inability to maintain discipline
• intellectual inadequacies and deficiency in preparation
• improper teaching techniques
• refusal to accept teaching advice of supervisor
• emotional instability and lack of self control in the classroom
• an undesirable attitude and relative lack of achievement on the part of the teacher's students
• lack of knowledge required to teach one's students
• lack of ability to project knowledge effectively to one's students

(persistent violation of school laws, rules, regulations, or directives)

• tardiness in violation of school policies
• failure to handle assignments given pursuant to school rules, regulations, and policies, including co-curricular duties
• failure to complete lesson plans and reports required by the school board, administration, and state department of education

(persistent violation of directives by administrators or supervisors)

• student discipline, requiring problem students to be sent to the principal's office, use of library facilities and other school facilities by students while scheduled to be in class and/or use of and cleanliness of classroom
• failure to allow supervisory personnel to observe him or her in the classroom

• lack of knowledge of or disregard for the proper relationship of the teacher to the students
• physically threatening attitudes, language, or behavior
• actions which are detrimental to an effective school climate
• slanderous or libelous statements by a teacher
• verbal or physical abuse of students
• abusive absence from work
• falsification of information to superiors and school board

• sexual assault, statutory sexual seduction
• battery with intent to commit a crime
• abuse, neglect, or endangerment of a child
• incest
• open and gross lewdness
• indecent or obscene exposure
• annoyance and molestation of a minor
• crimes against nature

competency, program priorities, admin recommendations, teacher contributions, and seniority

***seniority of teachers or admin cannot be the sole basis of layoff decisions. other factors must be considered

by June 1, 2013 there will be a statewide performance eval system

overall performance is determined to be highly effective, effective, minimally effective, ineffective

pupil achievement will account for at least 50%

the SD will establish performance pay and enhanced compensation

primary focus is the improvement of academic achievement of students

appropriate consideration will be given to implementation in at-risk schools

probationary (3x per yr. 12/1, 2/1, 4/1)

post-probationary (1x per year)

by the admin by march 1st of the current school year with a letter of "potential decision not to reemploy" which is separate from the evaluation. 

1. the right to assign or transfer teachers (Except for punitive reasons)
2. the right to determine work performance standard
3. the right to determine content of the work day

upheld the dismissal of striking teachers

***NV is a "right to work" state and prohibits teacher strikes by teachers and teacher organizations

title vii of the civil rights act of 1964

title ix of the education amendments of 1972

• henson v. dundee (1982, 11th cir.)
• meritor savings bank, fsb v. vinson (1986)
• franklin v. gwinett county public schools (1992)
• harris v. forlklift systems (1993)
• gebster v. lago vista independent school district (1998)
• davis v. monroe county BOE (1999)

quid pro quo (something for something) 

non quid pro quo (actions or verbal messages creating an offensive, hostile, or intimidating work environment)

employees must have policies in place regarding harassment that include training

there must be serious consequences for the perpetrator

if that pupil, within the preceding 3 yrs, unlawfully caused or attempted to cause serious bodily injury to any person

• name of the child
• description of the injury
• description of weapons involved
• description of threats made

teachers have the right to unilaterally remove students from their classroom for up to 3 days.

following removal is a conference - recommendation from principal to return to class or for extension of alternative placement

committee determines return to class, assigned to another class, assigned to another program, suspended, or expelled

NV law REQUIRES abuse or neglect (known or reason to believe) is reported to CPS IMMEDIATELY.

The law extends to every person immunity who in "good faith" makes a report on a child abuse case

1. Physical or mental injury of a non-accident nature

2. sexual abuse or sexual exploitation

3. negligent treatment or maltreatment of a child

• better communication
• postitive involvement
• involvement of parents in important decisions

• provide a 4-yr academic plan for 9th grade students
• provide info about courses and programs available
• describe requirements for graduation
• assist in admission to the NV system of higher ed.
• assist in receipt of Gov. Guinn Millennium Scholarship

copyrighted material can be used in a reasonable manner without the owner's consent when:

• the purpose is for non-profit educational purposes
• amount of the portion used in relation to the whole (10% guideline)
• effect of the use upon the potential market

• 10% of the body of a work may be used as multiple copies
• users must credit the copyright holder
• seek copyright approval for future use

storing and retrieval of instructional videos for appropriate and timely use by educators is extremely difficult

reproduction of copyrighted computer programs, even for educational uses are outside the scope of the guidelines

exercise caution in using digital material downloaded from the internet

1. brevity test

2. spontaneity test

3. cumulative effect test

***a teacher may never make a second set of copies of the same work without written copyright permission

• duty of care must have existed
• defendant must have breached that duty
• plaintiff must have been injured (physically or emotionally)
• defendant's breach of duty must have been the proximate cause of plaintiff's injury

• age and maturity of plaintiff (young students are not considered to have duty of care to themselves or others)
• nature of the risk to which student was exposed
• evidence of precautions taken to lessen risk or avoid injury

the plaintiff (Student usually) knowingly places themself in a position yielding exposure to risk of injury

• plaintiff knew or should have known the risk
• plaintiff had sufficient time, knowledge, and experience to know the risk

What is "governmental immunity"?

• inherited from England
• the king (sovereign) was exempt from liability because the "king could do no wrong: and could be sued only with his permission
• was common prior to insurance coverage b/c monetary awards against school districts came directly from public tax money - impacting the school and community at large
• judges and juries felt money was better spend on academic endeavors

allow suits for negligence but control cost by setting a relatively low maximum award amount.

***this strategy has resulted in fewer cases with lower costs to SDs

employee must:

a. act in good faith

b. promptly notify the school attorney and request legal defense

c. cooperate in their defense

ruled that common school liability release forms are commonly ruled invalid because:

• parents can't waive the rights of a student to reasonable care
• SDs enjoy an unfair argaining position
• as a contract, such waivers are null and void
• waivers are not viable proof of assumption of risk unless all conceivable potential injuries are listed

educational malpractice suit when a student from a upper-middle class school who graduated with a c average was fired from a job b/c he could not add tax to the cost of shoes.

court ruled in favor of the SD mainly because of other external influences on the individual outside the realm of the responsibilities of the SD

• warn players about the possibility of being injured
• properly supervise players at all times
• offer proper instruction
• properly condition a player for the specific activity
• offer proper equipment and facilities
• give proper first aid and/or emergency care

• maintain records of everything 
• establish training rules
• follow your state rules to the letter
• establish emergency procedure
• take professional advice from the athletic director
• don't allow an injured player to participate
• know the basics of equal competition
• avoid unnecessary communication in the situation of a player injury
• do not offer opinion, accept blame, or give unnecessary info to the media

repeated exposure (over time) to negative actions of other students that can be physical, emotional, harassment, or intimidation

can be through the internet, direct, indirect, at school, or away from school

1. establish a school safety team

2. conduct investigations of all reported bullying incidents

3. collaborate with the board of trustees of the SD and the school safety team to prevent, identify, and address reported incidents of bullying

they may make reasonable and necessary rules governing the conduct of students

they may not make rules that are arbitrary, capricious, or outside authority given them by legislature

tinker v. des moines school board (1969) - permits students the right to freedom of expression (black armbands worn by students in protest of the Vietnam War); court ruled in favor of students

f.c.c. v pacifica foundation

7 filthy words determine an obscene speech

morse v. frederick (2007)

"bong hits 4 jesus" bracelets promoted illegal drug use at a school supervised event; courts ruled in favor of SD

bethel v. fraser (1986)

student nominated a friend to a stu. gov. office by using sexual innuendo language to a captive audience of 600 students < 14 yrs old; court ruled in favor of SD

hazelwood sd v. kuhlmeier (1988)

principal pulled stories from a school publication about pregnant teens and a divorced father; courts ruled in favor of SD

free speech is limited when speech is sexually explicit, the audience includes children, and when the audience is captive

permitting vulgar and lewd speech would undermine the school's basic mission

when it is:

• obscene
• contains profanity
• libelous or slanderous
• advocates breaking any law
• causes a disruption of the orderly operation of school
• criticizes or demeans a group because of race, religion, age, etc.
• encourages action that endangers the health and safety of students

prescribe written rules of behavior

determine appropriate punishments

give copies of rules and punishments to students at the beginning of each year

suspended or expelled immediately for one semester

second offese of same nature is permanent explusion

be expelled for one year

on second occurrence, permanent explusion

the student has:

• threatened or extorted or attempted such
• suspended for initiating at least two fights
• a record of five suspensions

EAHCA - Education for All Handicapped Children Act (1975)

PL 94-142

Individuals with Disabilities Education Act (1990)

• New jersey v. TLO - student was found smoking... search of student's purse
• safford unified SD #1 et al petitioners v. april redding (2009) - a student claimed another student had pills. she underwent a search of her belongings and her own person

• veronia SD 47j v. acton (1995) - random urine testing of students involved in extracurricular activities and ONLY in schools with known drug problems
• Board of Educ. V. Earls (2002) - drug testing can be proactive in any school of students in any extracurricular activities; a failed test only eliminates that student from said activity

• w. virginia state board of educ. v. barnette (1943) - requiring a student to stand in silence compels and act of acceptance
• goetz v. ansell (1973) - students may not be coerced to participate or punished in any way for not participating

• ingraham v. wright (1977) - supreme court ruled corporal punishment was not cruel and unusual punishment and left it up to the state

1993

...however, teachers may use "reasonable and necessary force" to:

a. stop a disturbance

b. obtain possession of a weapon

c. self defense or defense of another person

d. to escort a disruptive pupil

Family Educational Rights and Privacy Act (1974)

also known as Buckley Amendment

contact info

transcripts

IEPs/504s

discipline records

medical records

attendance records

personal ID

no particular religious sect or society ought to be favored or established, by law, in preference to others

(June 1788)

• the church of the holy trinity v. the US (1892) - governmental preference for judeo-christian values
• People v. stanley (1927) - the bible goes hand in hand with moral lessons
• commentaries on the constitution oft/ic US - the real object of the first amendment was to exclude rivalry among christian sects (supreme court justice joseph story)

excludes power of the state to standardize children

children are not creatures of the state

parents have higher control to the values adopted by their children

everson v. board of educ. (1947) - building a wall of separation...

abington township v. schempp (1963) - end of school sponsored prayer and bible reading

lemon v. kurtzman (1971) - the "test" for church state separation

a test that outlaws government involvement in activities if:

a. they do not have a secular purpose

b. they advanced or inhibited religion

c. the foster excessive government entanglement with religion

early v. dicenso

aguilar v. felton

provided grants of public funds for religiously oriented teen sexuality program

(1988)

school-sponsored invocation/benediction is not to include clergy as speakers

(1992)

religious activities in public facilities permitted

(1993)

special education services (such as a sign language interpreter) are able to be provided in public schools 

(1993)

***caused a lot of parents of sped children to seek like decisions

parentally placed students in private schools are not eligible for services unless the parent can prove that the needed services were lacking at the public school placement and were being fulfilled at the private school placement

(stipulation on action applies)

***bottom line, SDs don't want to pay for a kid to not be in the system

agostini v. felton

title 1 services at private schools can occur for professional development, insturctional materials, and resources to support programs

(1997)

"balanced treatment act" mandates equal teaching of creation science and evolution

(1987)

"Equal Access Act"

there is a right of students to create and organize religious or political groups that can meet on campus as long as they are student initiated and student led

(1990)

impressions series promoted witchcraft according to parents, but the students were not coerced into disavowal of their own views and the court ruled in favor of the SD

(1994)

1977

at the beginning of each school day, all persons will pause for a silent, voluntary moment of individual meditation, prayer, or reflection

the recognition does not promote a religion when the recognition is to provide secular instruction on traditions and heritage

use of religious symbols are permitted as long as they are temporary and for the particular holiday

music, art, literature, and drama with religious influence may be chosen at the teacher's discretion

(1980)

there is only a violation of the establishment cause when one's own personal beliefs are taught or prosyletized

(1997)

• mills v. board of educ. of the district of columbia (1972)
• PARC v. commonwealth of pennsylvania (1972)

Free and Appropriate Education

provides a floor of opportunity

weighs the non-academic or social benefits to the child

the educational benefit to the child

the negative effect on the teacher or other students in the class

the cost of supplementary aids

• sacramento city USD v. rachel h (1994) - student with an iq of 44 placed in a reg. ed room
• clyde k and sheila k v. puyallup SD (1994) - in regards to ryan k who failed the holland test and was removed from the public school to an alternative placement