Term
Article 11 of
Nevada Constitution
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Definition
Deals with education:
Section 1: Legislature to encourage education: appointment, terms & duties of superintendent of public instruction
Section 2: Uniform system of common schools
Section 5: Establishment of normal schools, grade schools, teacher oaths, professors.
Section 6: Support of university, common schools by direct legislative appropriation |
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enactments of the legislative branch of government |
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Nevada Revised Statutes
Published biennially under authority of state superintendent of public instruction & entitled Nevada Laws on Education |
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Term
State Department of Education |
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Definition
Includes:
Superintendent of Public Instruction &
a State Board of Education |
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Term
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Definition
Comprised of:
10 members &
a non-voting student representative
4 year terms - limited to 3 consecutive terms |
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Who must approve all public school textbooks? |
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the State Board of Education |
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Term
Possesses power to suspend or revoke teacher/admin/licensed employee license. |
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the State Board of Education |
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| Possesses power to sponsor charter schools if they have been denied by county school district or it is formed soley for special ed students |
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the State Board of Education |
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Term
Superintendent of Public Instruction |
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Definition
Appointed by State Board of Education
3-year term
Most important function: issuance of teacher licenses |
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Term
Commission on Professional Standards in Education
(the "Standards Commission") |
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Definition
Responsible for prescribing actual qualifications, rules, & standards for NV teacher licensure.
Published in Nevada Administrative Code (NAC) |
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Nevada Administrative Code |
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Commission on Professional Standards in Education (the Standards Commission) consists of: |
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9 members appointed by governor:
classroom teachers (1 from elem, middle, secondary, sp ed), 1 school district psych counselor, 2 school admins, 1 dean from College of Ed, 1 member of general public, 1 from private school |
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NV school districts are patterned after
county boundaries. |
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17 school districts
Clark County - largest - over 70% of state's student population |
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Term
Public Meetings and Open Meeting Law |
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Definition
open to general public
EXCEPT:
Disciplinary hearings involving students must be closed.
Meetings to elect new sup may NOT be closed. |
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Reasons for teacher dismissal |
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Definition
inefficiency
neglect of duty
insubordination
unbecoming conduct
immorality |
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Definition
Financial and/or enrollment shortfalls that require a reduction in number of teachers or admin |
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Reduction in Force
used to be based on senority - now includes competency, program priorities, admin recommendations, & teacher contributions to school activities |
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Term
Number of evaulations per year
probationary
postprobationary |
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Definition
probationary - 3 times per year (2 years) 2nd year waived if 3 satisfactory evals are received
postprobationary - 1 time per year |
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Remployment deadline for probationary teachers |
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Term
Matters not within scope of mandatory bargaining law |
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Definition
- The right to assign or transfer employees (except for punitive reasons)
- The right to determine work performance standard
- The right to determine content of work day
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Title VII of the Civil Rights Act of 1964 |
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Definition
Protects employees against sexual harassment in the workplace. |
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Title IX of the Education Amendments
of 1972 |
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Prohibits sex discrimination in educational institutions. |
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Equal Employment Opportunity Commission |
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actions or verbal messages creating an offensive, hostile, or intimidating work environment |
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One that a reasonable person would find hostile or abusive & one in which the victim's subjective perception is that the environment is abusive.
("Mentor Standard" - from Mentor Savings Bank Court Case) |
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"progressive discipline plan" |
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Definition
| 1999- NV passed legislature requiring every school to develop progressive discipline plan. Includes right of teacher to unilaterally remove students from classroom for up to 3 days. |
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1. physical or mental injury (nonaccidental)
2. sexual abuse/exploitation
3. negligent treament or maltreatment |
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| non-profit ed use, single copies, 10% of work, photos - 10% or 15 images; whichever is less, tv programs w/in 10 days & repeated once |
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| A wrongful act (intentional or non), not including breech of contract, which results in injury to another's person, property, or reputation, for which the injured party is entitled to compensation. Most common tort is negligence. |
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| Failure to exercise that degree of care that an ordinary careful & prudent person would exercise under the same or similar circumstances. |
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Definition
1. A duty of care must have existed between plantiff & defendant
2. Defendant must have breeched duty.
3. Plantiff must have been injured (physically or emotionally)
4. Defendant's breech of duty must have been the proximate cause of plantiff's injury.
Teachers: while they are on duty - scope of duty |
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| The injury was either the direct result or a reasonably probable consequence of the act or omission. In other words, without the act or omission, the injury probably wouldn't have occurred. |
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legal protection to teachers |
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Definition
| NV law requires the provision of legal protection to teachers. In order for this, teachers must: 1. act in good faith; 2. promptly notify school attorney & request legal defense; & 3. cooperate in their defense. |
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Term
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Definition
| Coaches are typically sued for failing to: warn players about possible injuries, properly supervise at all times, offer proper instruction, properly condition player for activity, offer proper equipment/facilities, give proper 1st aid/emergency care |
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Spells out constitutional rights of all Americans to freedom of religion, association, speech & press, assembly, & petition.
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Guarantees the equal protection of the laws and the due process of law. |
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Student Publication Guidelines |
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Definition
Schools may comfortably prohibit:
obscene content, profanity, slander, violation of privacy rights, breaking the law, cause of substantial disruption of school, demeans race, color, creed, sex, origin, etc. endangers health/safety of students |
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Student Conduct Off School Grounds |
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Definition
| When students are engaged in a school-sponsored activity, the authority of the school officials is the same as if the activity took place on school property. |
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| It is unlawful to beat, whip, detain, or otherwise interfere with student while he is on his way to and from school. Shall be found guilty of a misdemeanor. |
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NV Student Discipline Statutes |
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Definition
| Each school is directed to prescribe written rules of student behavior & determine appropriate punishment. Copies of rules must be distributed, including new pupils, & made available for public inspection at each school site. |
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Habitual Disciplinary Problems |
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Definition
Defined as during 1 year:
a. Pupil threatened student or personnel
b. Suspended for initiating 2 fights
c. 5 suspensions for any reason |
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NV law ensures that school officials are notified (including attempted offenses). Can't attend same school as their victims. |
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Defined as a student who has accumulated 3 or more unexcused absences during 1 year.
Continued truancy may result in filing of criminal charges against parent/guardian. |
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protects citizens from unreasonable searches
School personnel not held to same standards as law officers: standard for schools is "reasonable suspicion." |
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The Family Educational Rights and Privacy Act; also referred to as the
Buckley Amendment
must notify parents annually of rights |
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Parental right to review records |
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Definition
| While parents do have this right, schools aren't required by fed law to provide copies; unless that would be the only method of access. Schools may charge a reasonable fee for obtaining records. |
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3-pronged test which outlawed gov. involvement in activities which:
1. didn't have secular purpose
2. advanced or inhibited religion
3. fostered excesive gov. entanglement w/ religion |
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| "Every school district (in NV) shall set aside a period at the beginning of each school day, during which all persons must be silent, for voluntary individual meditation, prayer, or reflection of pupils." |
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| Use of religious symbols are permitted as a teaching aid as long as displayed as examples of cultural/religious heritage & are temporary in nature. |
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1975
Public Law 94-142
Education for All Handicapped Children Act
1990 - retitled: Individuals with Disabilities Education Act |
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Individuals with Disabilities Education Act |
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Definition
| all children w/ disabilities must be educated, least restrictive environment, individualized/appropriate to child's unique needs, no cost to parents, procedureal requirements met |
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4-pronged test:
1. non-academic or social benefits
2. educational benefits
3. negative effect on all
4. cost of supplementary materials/services |
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Definition
Students Temporarily Away From The Regular School |
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Definition
Individuals with Disabilities Education Improvement Act (2004)
The following conflict resolution opportunities are provided: complaint notification, resolution session, mediation, due process hearing |
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