Nevada School Law

Board of Regents of State Coll v. Roth and Perry v. Sindermann
postprobationary or tenured teracheres entitled to due process of law under 14th Amendment prior to termination
Pickering v. Board of Ed
Teachers enjoy limited 1st Amend righ to express opinions criticizing the actions of the school admin. when related ot matters of public interest and concern
Reasons for teacher dismissal
inefficiency, neglect of duty, insubordination, conduct unbecoming a teacher, etc.
When should admin notify prob teachers if chances of reemployment at risk?
Feb 15
How long is probationary period?
2 years unless 2nd year waived for receiving 3 satisfactory evals
Hortonville Joint School District No. 1 vs.Hortonville Educ. Assoc.
Upheld dismissal of striking teachers. NV is “right to work” state
Mandatory bargaining limits
wages, hours, and conditions of employment
Title VII of Civil Rights Act 1964
Protects against sexual harrass. in workplace
Title IX Educ. Amend of 1972
Prohibits sexual discrimination in the educational institutions
“Meritor” standard
“abusive work environment”; victim’s perception is that environ. is abusive (hostile work environment)- sexual harrassment
Franklin v. Gwinett County Public Schools
recovery of monetary damages was available under Title IX for sexual harassment of a student by a teacherr when school officials intentionally took no action to halt it
Davis v. Monroe County Board of Ed (1999)
damages for peer harass may be awarded under Title IX if 1) school deliberately indifferent to the harassment 2) plaintiff must show that harassment so severe and pervasive and detracts from the victim’s educational experience
When was law passed requiring schools to develop plan for “progressive discipline”?
“Fair use” doctrine/1976 Copyright Act
purpose and character of use; nature of copyrighted work; amount used; effect of use upon potential market
4 elements of negligence
1) duty of care existed 2) defendant breached duty of care 3) plaintiff injured 4) breach of duty caused injury
Negligence defense
Assumption of Risk
Contributory Negligence
Peter W.
Educational Malpractice
Tinker- School Political Expression
Students possess fundamental inalienable rights (freedom buttons and armbands weren’t disruptive
Indecent Speech- free speech may be limited when children present and captive audience
School admin has authority to censor and prohibit when conflicts with educational mission
School admin has authority to censor and prohibit when conflicts with educational mission
New Jersey v. T.L.O
4th Amendment (search ; seizure) did apply to schools; reasonableness must prevail
Family Educational Rights and Privacy Act
Does grading peer papers violate FERPA;
Where and when did Nevada Constitutional Convention take place?
Carson City
July 4, 1864-July 28, 1864
State reps?
Depending on population and area.
How often does legislature meet?
Biennialy-once every 2 years
How long does a governor serve? How many terms.
4 years; 2 terms
How long is senator’s term?
4 years
Board of Ed. Westside Comm. Schools v. Mergens (1990)
Students have their own rights to organize groups in public. schools whether it be religious, political, philosophical etc when district allows other noncurriculum-related student groups to meet on campus
Agostini (1997)
Title I services at parochial school sites didnot violate the Establishment Clause—can be at private/private religious school sites
requested publically-funded spec. ed services at private schols–msut prove public plan/placement not approp.
Must inform IEP team, must give 10 business day written notice, must make child available for eval. or parent must be reasonale when dealing with dist.
Everson v. Board of Ed
Wall of separation b/w church and state
End of school sponsored prayer and bible reading; states must be neutral toward rel. and forbids states establishment of religion
Lemon v. Kurtzman
“Test” for church-state separation
What is the 3-pronged test established in the Lemon case?
Gov’t involvement outlawed when
a)activities did not have a secular purpose
b)advanced the inhibited religion
c) fostered an excess. gov’t entanglement w/ religion
Give example of entanglement (Lemon test)
Bookkeeping problems involving tracking public monies through private school accts.
Bowen v. Kendrick (1988)
Public funds for religiously-oriented teen sexuality program; 5-4 decision ruled that it did NOT violate 1st amend because it had a valid secular purpose (econom. prob. caused by teenage sexuality), primary purpose not advancing religion, and no entanglement of church and state (passed Lemon test)
The Americans w/ Disabilities Act, 1990
Tell about ADA, 1990
included protecting persons diagnosed with infect. diseases (eg. HIV); mostly employment related; prohibits discrimination in all employ. practices
Which cases laid the foundation for current spec. ed laws?
Mills v. BOE of Dist. Col nd P.A.R.C v. Commonweal. of Pennsylvania
What did Mills and P.A.R.C establish for sp. ed. students?
free appropriate education, IEPs, and due process procedures
“Holland Test”
1. non-academic/social benefit
2. educational benefit
3. negative effect
4. costs
Who has authority in NV?
Ninth Circuit Court of Appeals
Rowley (1982)
Door of Opportunity; doesn’t require student to reach full potential
Ryan K. (sp.ed case)
Case where his LRE (Least Restrictive Environment) was STARS program. Failed the “Holland Test”
What year was IDEA amended?
2004-chld may be disciplined in same manner as nondisabled children unless:
a) behavior caused by disability, b)infraction had direct relation. to disability, c)school failed to properly implement IEP
Under revised IDEA, name conflict resol. opportunities
-complaint notification, resolution session (within 15 days of complaint), mediation (paid by state), due process hearing
Section 504 (of Vocational Rehab Act) and ADA
May not have disabilities covered in IDEA (eg. ADD and ADHD);