Term
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Definition
| Free and Appropriate Education |
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Term
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Definition
| Individuals with Disabilities Act |
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Term
| Rowley: Door of Opportunity |
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Definition
| US Supreme Court ruled Free and Appropriate education does NOT mean to reach full potential. |
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Term
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Definition
All children with disabilites must be educated
Least restrictive placement
Individualized and Appropriate
No cost to parents
proceduaral protections are required |
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Term
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Definition
4-points
Non-academic or Social benefits for child
Educational benefits to child in regular classroom with supplimentation compared to special ed room
Any negative effect on regular classroom and teacher
Cost |
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Term
| Rachel H v Sacramento City USD |
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Definition
| ruled - Rachel passed Holland test and entered regular 2nd grade class |
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Term
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Definition
| Failed holland test with ADHD and Tourette's Syndrome |
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Term
| Poolaw v Bishop: absolute? |
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Definition
| Ruled applying Holland Test, IDEA's preference for mainstreaming is not an absolute (Deaf child) |
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Term
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Definition
| explicit provisions prohibiting descrimination on basis of disability |
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Term
AIDS and Section 504
Arline v SB Nassau County |
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Definition
Nature of the Risk -
Duration of the Risk -
Severity of the Risk -
Probability of Transmission |
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Term
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Definition
| Children with AIDS do not constitute a serious risk and are protected under 504 |
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Term
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Definition
Requires health authorities direct actions with AIDS in schools
and
Requires authorities to notify superintendents of the presence of AIDS |
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Term
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Definition
| Bible is not sectarian - lessons in good citizenship |
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Term
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Definition
| Compelled education has room for private schooling |
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Term
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Definition
| Wall of Separation between church and state |
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Term
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Definition
| States remain neutral towards religion and forbids a state religion |
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Term
| Abington and Engel cases: Bible okay |
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Definition
Bible may be taught in school but,
not devotionally
In a historical manner
and
As literature |
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Term
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Definition
| Test for Church - State Separation |
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Term
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Definition
| AFLA (Adolecent Family Life) - okay for funds - did not violate 1st Amendment |
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Term
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Definition
| School Sponsored benediction/innvocation violates 1st Amendment |
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Term
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Definition
| Okay for religious activities in public place |
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Term
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Definition
| okay for religious/sectarian groups to use facilites non-school hours |
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Term
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Definition
| Sign Language teacher free of charge - religious school |
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Term
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Definition
| parentally placed children in private school no individual right to special ed |
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Term
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Definition
| Remedial Reading to all students in public or private school |
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Term
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Definition
| Title 1 does not violate Establishment Clause |
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Term
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Definition
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Term
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Definition
| Equal Access Act - religious/political groups - okay - student led and student initiated |
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Term
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Definition
| Witchcraft - religion?? violates Establishment - 1st Amendment - NO VIOLATION |
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Term
| Nevada 1977: period of silence |
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Definition
| NRS 388.075 - time for reflection |
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Term
| Nevada 1985: period of Silence |
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Definition
Does not violate Establishment Clause
Passed lemon test |
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Term
| Florey v Sioux Falls: religious Holidays |
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Definition
| religious symbols okay as teaching tool - teach about not of religion okay |
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Term
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Definition
| Does not advance religion |
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Term
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Definition
| Does not promote religion - does not violate Establishment Clause |
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Term
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Definition
| Schools do NOT have absolute poser over students. |
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Term
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Definition
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Term
| Bethel: Indecent Speech (Matthew Frazier) |
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Definition
| Obscene speech NOT indecent speech may be regulated |
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Term
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Definition
| Did not use the seven filthy words |
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Term
| Bethel: Supreme Court Decision |
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Definition
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Term
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Definition
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Term
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Definition
| Schools have authority over school-sponsored publications |
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Term
| Student Publication Guidelines |
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Definition
| Nothing obsene -- No profnity -- no libel, slander - Cannot advocate breaking the law -- no disruption of school -- no descrimination -- cannot encourage danger |
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Term
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Definition
| Same as on school property for legitimate school functions |
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Term
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Definition
NRS: Chapter 392
Unlawful to beat, whip, detain - to or from school (misdemeanor) |
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Term
| Goos v Lopez: Suspensions |
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Definition
| Students have "propert interest" and due process |
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Term
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Definition
| In-school - no hearing required; 1-3 day suspension - informal hearing; Immediate suspension (no due process) imminent danger to persons or property; Long term - formal due process |
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Term
| Nevada Student Dicipline Statues |
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Definition
| Copies of rules to all students beginning of year, to all new students, available for inspection at location |
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Term
| Nevada: bodily Injuries/Drug Trafficking |
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Definition
| Suspended from school - one semester 2x - permanently expelled - receive equivalent instruction |
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Term
| Nevada: firearms/Dangerous Weapons |
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Definition
| Expelled - one year minimum 2x - permantently expelled - with instruction |
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Term
| Nevada: Habitual Disciplinary Problems |
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Definition
| Threats, 2 fights, 5 suspensions |
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Term
| Nevada: Notice/Violent Students |
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Definition
| Courts inform schools, schools inform teachers - students are not directly informed |
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Term
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Definition
| 3 or more unexcused absences in one year |
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Term
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Definition
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Term
| Student Search and Seizure |
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Definition
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Term
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Definition
| Fourth Amendment does apply... reasonableness -- justified? methods are not excessive. |
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Term
| Seach and Seizure: Immediate Danger |
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Definition
| Courts are more receptive to searches |
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Term
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Definition
Drug testing
upheld - athletics = random drug testing -- schools with prevailing drug problems |
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Term
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Definition
| extra-curricular no pervasive drug problems at school -- carefully written policies |
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Term
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Definition
| failed drug test - no extracurricular activites only |
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Term
| Ingraham v Wright: Corporal Punishment |
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Definition
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Term
| Nevada: Corporal Punishemtn 1993 |
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Definition
Ended corporal punishment
NRS 392 |
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Term
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Definition
| Family Educational Rights and privacy Act |
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Term
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Definition
| Applies to all students attending schools that receive federal funding |
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Term
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Definition
| Part of Educationa Records with personal information that can be made public |
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Term
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Definition
| peer grading does not violate FERPA |
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Term
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Definition
| Duty of care... defendant breached duty... plaintiff injured.... breach of duty must have caused injury |
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Term
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Definition
| Wrongful Act - intentioanl or nonintentional |
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Term
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Definition
| Assumption of Risk.... Contributory negligence....Immunity |
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Term
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Definition
| Public schools to provide legal protection to employees. |
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Term
| Nevada teacher Legal protection |
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Definition
| Employee acted in good faith....promptly notify school attorney... request legal defense... cooperate in defense |
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Term
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Definition
| School Liability Release Forms - parents cannot waive the rights of students to reasonable care.... districts unfair bargaining position....waivers are null and void.... all potential risks must be itemized |
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Term
| Peter W: Educational Malpractice |
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Definition
| too many factors affect student performance |
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Term
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Definition
| Liability in Athletics (21 points) |
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Term
| Roth v Board of regents: Perry v Sinderman |
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Definition
| postprobationary teachers are entitled to due process 14th Amendment |
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Term
| Reasons for teacher dismissal |
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Definition
| Inefficiency, neglect of duty, insubordination, conduct unbecoming to a teacher, immorality, other causes |
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Term
| Teacher Dismissal - other causes |
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Definition
| RIF - Reduction in Force... usually senority only.... some districts are changing |
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Term
| Nevada-Specific reasons for dismissal |
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Definition
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Term
| Nevada Teacher Evaluations |
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Definition
| Evaluation in General... at least once per year... probatioanry emplyees - three times per year |
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Term
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Definition
| march 1 -- employee may request additional evaluations by another administrator |
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Term
| Hortonville v hortonvill EA |
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Definition
| upheld dismissal of striking teachers |
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Term
| Nevada - right-to-Work state |
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Definition
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Term
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Definition
| Prohibits sexual harassment in workplace |
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Term
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Definition
| No descrimination based on sex in educational institutions |
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Term
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Definition
| Equal Employment Opportunity Commission |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| actions or words creating a hostile, offensive work environment |
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Term
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Definition
| sexual conduct constitutes sexual harassment |
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Term
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Definition
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Term
| Franklin v Gwinett: Title IX |
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Definition
| student sexual harassment by teacher - district no action to halt it monies from Title IX |
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Term
| Harris v Forklift: Title VII |
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Definition
| No evidence of serious psychological damage |
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Term
| Gebser v Lago Vista: title IX |
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Definition
| student harassed by teacher - school indifference |
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Term
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Definition
| peer harassment - district indifference |
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Term
| Nevada Teacher/Pupil privilege |
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Definition
| drugs + alcohol use is privilege |
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Term
| Nevada Counselor/Student privilege |
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Definition
| only punishment of life in prison or death is not privilege |
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Term
| Nevada Constitution with education |
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Definition
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Term
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Definition
| Legislature encourage education; appointment, term, and duties of superintendent of public instruction |
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Term
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Definition
| uniform system of common schools |
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Term
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Definition
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Term
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Definition
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Term
| nevada State Board of Education |
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Definition
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Term
| Nevada: superintendnet of public Instruction |
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Definition
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Term
| Commission on professional Standards |
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Definition
| qualification, standards rules for teacher licensure |
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Term
| Nevada 17 school districts |
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Definition
| county boundaries except carson City |
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Term
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Definition
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