NV School Law – No Court Cases

 Article 11 of Nevada Constitution 
Deals with education:Section 1: Legislature to encourage education: appointment, terms & duties of superintendent of public instructionSection 2: Uniform system of common schoolsSection 5: Establishment of normal schools, grade schools, teacher oaths, professors.Section 6: Support of university, common schools by direct legislative appropriation
 enactments of the legislative branch of government
Nevada Revised Statutes Published biennially under authority of state superintendent of public instruction & entitled Nevada Laws on Education
  State Department of Education
Includes:Superintendent of Public Instruction &a State Board of Education
  State Board of Education
Comprised of:10 members &a non-voting student representative4 year terms – limited to 3 consecutive terms
 Who must approve all public school textbooks?
  the State Board of Education
 Possesses power to suspend or revoke teacher/admin/licensed employee license.
  the State Board of Education
Possesses power to sponsor charter schools if they have been denied by county school district or it is formed soley for special ed students
  the State Board of Education
  Superintendent of Public Instruction
Appointed by State Board of Education3-year termMost important function: issuance of teacher licenses
 Commission on Professional Standards in Education(the “Standards Commission”)
Responsible for prescribing actual qualifications, rules, & standards for NV teacher licensure.Published in Nevada Administrative Code (NAC)
 Nevada Administrative Code
 Commission on Professional Standards in Education (the Standards Commission) consists of:
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
 NV school districts are patterned aftercounty boundaries.
17 school districtsClark County – largest – over 70% of state’s student population
;;Public Meetings and Open Meeting Law
open to general publicEXCEPT:Disciplinary hearings involving students must be closed.

Meetings to elect new sup may NOT be closed.

;Reasons for teacher dismissal
inefficiencyneglect of dutyinsubordinationunbecoming conductimmorality
;;”good and just causes”
;Financial and/or enrollment shortfalls that require a reduction in number of teachers or admin
;;Reduction in Forceused to be based on senority – now includes competency, program priorities, admin recommendations, ; teacher contributions to school activities
;Number of evaulations per yearprobationarypostprobationary
probationary – 3 times per year (2 years) 2nd year waived if 3 satisfactory evals are received;postprobationary – 1 time per year
;Remployment deadline for probationary teachers
;;March 1st;
;Matters not within scope of mandatory bargaining law
  • 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
;;Title VII of the Civil Rights Act of 1964
;Protects employees against sexual harassment in the workplace.
;Title IX of the Education Amendmentsof 1972
;Prohibits sex discrimination in educational institutions.
;;Equal Employment Opportunity Commission
;;quid pro quo
;;something for something
;;non quid pro quo
;actions or verbal messages creating an offensive, hostile, or intimidating work environment
;;abusive work environment
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)
  “progressive discipline plan”
1999- NV passed legislature requiring every school to develop progressive discipline plan.

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Includes right of teacher to unilaterally remove students from classroom for up to 3 days.

 child abusedefinition
1. physical or mental injury (nonaccidental)2. sexual abuse/exploitation3. negligent treament or maltreatment
 fair usecopyright law
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
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.
Failure to exercise that degree of care that an ordinary careful ; prudent person would exercise under the same or similar circumstances.

;;Elements of Negligence
1. A duty of care must have existed between plantiff ; defendant2. 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
;;proximate cause
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.

  legal protection to teachers
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.
  liability in athletics
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
  First Amendment
Spells out constitutional rights of all Americans to freedom of religion, association, speech & press, assembly, & petition. 
  Fourteenth Amendment
 Guarantees the equal protection of the laws and the due process of law.

  Student Publication Guidelines
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
  Student Conduct Off School Grounds
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.
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.

  NV Student Discipline Statutes
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.
  Habitual Disciplinary Problems
Defined as during 1 year:a. Pupil threatened student or personnelb.

Suspended for initiating 2 fightsc. 5 suspensions for any reason

  Sexual Offenses
 NV law ensures that school officials are notified (including attempted offenses). Can’t attend same school as their victims.
;;Habitual Truant
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.
;;The Fourth Amendment
protects citizens from unreasonable searches;School personnel not held to same standards as law officers: standard for schools is “reasonable suspicion.”
;The Family Educational Rights and Privacy Act; also referred to as theBuckley Amendmentmust notify parents annually of rights
;;Parental right to review records
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.

  Lemon Test
3-pronged test which outlawed gov. involvement in activities which:1. didn’t have secular purpose2. advanced or inhibited religion3. fostered excesive gov. entanglement w/ religion
;NV”Period of Silence”
“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.”
;;religious holidays
Use of religious symbols are permitted as a teaching aid as long as displayed as examples of cultural/religious heritage ; are temporary in nature.

1975Public Law 94-142Education for All Handicapped Children Act1990 – retitled: Individuals with Disabilities Education Act
;;Individuals with Disabilities Education Act
all children w/ disabilities must be educated, least restrictive environment, individualized/appropriate to child’s unique needs, no cost to parents, procedureal requirements met
  Holland Test
4-pronged test:1. non-academic or social benefits2. educational benefits3. negative effect on all4. cost of supplementary materials/services
 Students Temporarily Away From The Regular School
Individuals with Disabilities Education Improvement Act (2004) The following conflict resolution opportunities are provided: complaint notification, resolution session, mediation, due process hearing