Shared Flashcard Set

Details

Final For School Law
Va. Code for Personnel Grievences, etc.
47
Education
Graduate
12/09/2008

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Cards

Term
Standards of Quality
Definition
Drives Funding
Term
Standards of Accredidation
Definition
Passing SOL's
Term
Evaluation of Personnel
Definition
A Principal and all assistant principals receive training on this
Term
Continuing contract
Definition
three years
Term
Tenure term for administrators
Definition
none. Admins don't get tenure
Term
April 15
Definition
Deadline to notify employees of employment. You can be reassigned as long as you are notified by this time.
Term
Burdon of proof rests with ________ to show violation of LIBERTY RIGHTS
Definition
employee
Term
Burdon of proof rests with _____ to show violation of PROPERTY RIGHTS
Definition
employer
Term
Property Rights
Definition
burdon of proff lies with employer
Term
Liberty Rights
Definition
burdon of proof lies with employee
Term
Only _______ can hire/fire
Definition
school board
Term
160 contractual days
Definition
number of days to equal your first year teaching.
Term
Board of Regents v. Roth
Definition
Set precedent for annual contract obligations. You have no right after your contract is over if you are on annual contract.
Term
Reduction of Force
Definition
Not negative...it will state in file that you were filling a temp. position.
Term
Continuing Contracts
Definition
Renewal rights; not based on Merit system; more property rights; major Due Process
Term
Quid Pro Quo
Definition
Sexual harassment by a person in a leadership role.
Term
Hostile Environment
Definition
Sexual harassment by anyone; student on student
Term
Non-renewal contract
Definition
No cause needed for non re-hire
Term
Four ways to dismiss continuing contract teacher
Definition
Incompetence: unable to discipline/teach
Immorality: involved in immoral/illegal acts.
Unprofessionalism: using profanity, fighting with colleagues.
Insubordination: failure to follow reasonable requests.
Term
Dismissal of continuing contract teacher
Definition
You can dismiss at any time;
Term
Grevience procedures
Definition
timeline; right to impartial panal (both appoint one and select one together). That group recommends to the school board their decision. School board doesn't have to abide, but they must say why they don't abide.
Term
Suspension of continuing contract
Definition
five or less days=no hearing; 5+ days= hearing before school board; felony, misdomeanor of sexaul act=automatic five day suspension.
Term
Negligent retention
Definition
We kept you employed even though you had done wrong again and again.
Term
Neglegent Hiring
Definition
We hired you without a background check and you did wrong. Contact state if hiring outside the state of VA to check for incidents with social services.
Term
Felony Charge of continuing contract
Definition
No Due Process
Term
Employee resignation
Definition
must be TOTALLY voluntary; employee has the right to "take back" within ten days; you must exhaust all efforts of Due Process before you file unemployment.
Term
Contracts in state of VA
Definition
Annual; Continuing; Supplemental (very little Property Rights) should have evaluation system and job description...Performance based.
Term
Pickering v. BOE
Definition
Freedom of Expression; Pickering Balance: interest of the teacher must be balanced against the interest of the employer in order to restrict the speech; cannot disrupt the school system. "Matter of Public Concern"(protected speech rights) budget concerns, safety issues, policy manual.
Term
Connick v. Myers
Definition
Private/Personal beliefs are not protected.
Term
Mt. Healthy City Board of Ed. v. Doyle
Definition
Not a continuing contract teacher; showed incompetence of Property right performance; no violation of Liberty Rights; make sure you have independent evidence of incompetence.
Term
Givham v. Western Line Consol. School District
Definition
Set framework for teacher protected speech, as long as it is not disruptive.
Term
Unintentional Torts
Definition
Negligence
Term
Negligence
Definition
failure to exercise the degree of care for the safety and well-being of others that a reasonable and prudent person would exercise under similiar circumstances.
Term
Triplets of negligence
Definition
Misfeasance, did something that was improper; nonfeasance, did nothing; malfeasance, did something illegal
Term
Gov. Immunity
Definition
simple = immunity; can do no wrong, isn't automatic.
Term
Comparative Negligence
Definition
Multiple people contributed to the injury.
Term
Contibutory Negligence
Definition
You contributed to the injury
Term
Assumption of Risk
Definition
By participating you assumed risk of injury.
Term
Duty of Negligence
Definition
Provide, proper supervision, instruction, to maintain grounds and warn of known dangers
Term
Proximate cause of negligence
Definition
Could you forsee that your actions or non-actions could have prevented injury.
Term
Torte
Definition
A civic wrong in which one suffers loss as a result of improper conduct of another.
Term
Intentional tortes
Definition
Assault and Battery
Term
Defamation
Definition
must be communicated to a third party and must be proven false to qualify
Term
Malice
Definition
intention to harm/injure your good name
Term
Private or public person
Definition
parents/teachers. Administrators are not public/private. They must PROVE malice.
Term
Absolute
Definition
school board/superintendent
Term
Conditional
Definition
teachers do bad when they include a third party that has nothing to do with the student. In Good Faith: limit the conversation to the purpose and make sure that everyone has a vested interest.
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