Article 1. Declaration of Rights
● There shall be no slavery, nor shall there be involuntary servitude except in the punishment of crimes for which the person has been duly convicted.
● Perfect toleration of religious sentiment shall be secured. No inhabitant shall ever be molested, in person of property, on account of his or her mode of religious worship.
● All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people and they have the right to alter or reform the same whenever the public good may require it.
● The paramount allegiance of every Nevada citizen is to the federal government in the exercise of all its constitutional powers as defined by the Supreme Court of the United States.
● The right of trial by jury shall be secured to all, and remain inviolate forever, but a jury trial may be waived by the parties in all civil cases.
● No person shall be made incompetent as a witness because of his religion but acts of licentiousness or practices inconsistent with the peace and safety will not be excused.
● The Writ of Habeas Corpus may be suspended in cases of rebellion or invasion where public safety is endangered.
● Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel and unusual punishments be inflicted.
● Accused persons may be released on bail by sufficient sureties unless for capital offenses when proof is evident or the presumption great.
● No person is subject to double jeopardy (being tried for the same offense more than once).
● No person may be compelled to be a witness against himself in a criminal case.
● No private property may be taken for public use unless just compensation has been made. During war or great public peril, compensation may be made afterward.
● A person cannot be deprived of life, liberty or property without due process of law.
● Any citizen may freely speak, write, and publish his sentiments on all subjects, but he is responsible for the abuse of that right.
● People may freely assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
● A standing army may be maintained by the state in time of war.
● No appropriation for a standing army shall be made for a longer time than two years.
● Representation shall be apportioned according to population.
● The military is subordinate to civil authority.
● There may be imprisonment for debt in cases of fraud, libel, and slander.
● No bills of attainder or ex post facto laws shall ever be passed.
● The right of the people to be secure in their persons, houses, papers and effects is protected against unreasonable searches and seizures. A search warrant is required.
● Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid or comfort. Two witnesses are required for conviction of treason.
Article 2. Right of Suffrage.
● All persons in the military service will have the right to vote otherwise entitled to them providing their votes cast shall apply to the county and township where they were bona fide residents at the time of their entry into such service.
● A person shall lose his voting privilege if he is confined in an asylum at public expense or in a public prison.
● No qualified elector may be arrested by virtue of any civil process on a general election day.
● The legislature has the power to prescribe by law any rules or oaths deemed necessary as a test of electoral qualifications.
● There shall be no poll tax.
● No public officer may be recalled unless 25 percent of the number of qualified electors who voted at the preceding election for justice of the supreme court sign and file a petition for the recall.
● If a public officer does not resign within 5 days after his recall petition is filed, a special election shall be ordered held within 20 days to determine if the people will recall said officer.
● A recall petition may be filed with the officer with whom the petition for nomination to such office was filed. The same officer shall order the special election if it is required.
● No recall petition may be filed unless an officer has held his office for 6 months. Against a senator or assemblyman, it may only be filed after 10 days from the beginning of the first legislative session after his election.
Article 3. Distribution of Powers
● The powers of the government of the state of Nevada shall be divided into three departments,--the Legislative,--the Executive and the Judicial. No persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except as permitted by the constitution.
Article 4. Legislative Department
● Regular sessions of the legislature shall be biennial (once every 2 years).
● Each regular session of the legislature shall commence on the third Monday of January.
● Assemblymen are chosen by electors of their respective districts and their term of office is 2 years.
● The term of office for a senator is 4 years.
● The total number of assemblymen is determined by the legislature after each decennial census.
● Senators and assemblymen are apportioned by the legislature from the respective counties, or legislative districts, according to the number of inhabitants in them, respectively.
● Either house may vote to expel one of its members.
● To impeach a member, two-thirds of all members of a house must concur.
● Any person convicted of embezzlement or defalcation of public funds is disqualified from ever holding any public office in the state.
● In case of the death or the resignation of a legislator, the county commissioners of the county from which the legislator was elected shall appoint the replacement. The replacement must be of the same political party as the elected assemblyman or senator.
● The assembly or senate may adjourn for more than 3 days during a session, providing they have the consent of the other body.
● A bill may originate in either the assembly or the senate and a bill passed by one may be amended in the other.
● A majority of all members elected to each house is necessary to pass every bill or joint resolution.
● A legislator may not be paid for more than 60 days during a regular session and for not more than 20 days during a special session.
- No lottery may be held nor shall the sale of lottery tickets be allowed.
● All property owned by a wife prior to marriage or acquired afterward by gift, devise of descent shall be her separate property.
● Two-thirds vote of the members elected to each house is required to pass a bill over a governor's veto.
● The legislature may not abolish a county unless the approval of a majority of all the voters, of the county concerned, vote at an election on the measure.
Article 5. Executive Department
● To be eligible to run for governor a person must be a qualified elector, 25 years of age or older, and a resident citizen of Nevada for at least 2 years next preceding the election.
● The supreme executive power of the state is vested in the governor who has the power to transact all executive business with officers of the government and to see that the laws are faithfully executed.
● The length of term for the governor is 4 years. A governor may not be elected for more than two terms.
● The members of the board of pardons are the governor, justices of the supreme court, and the attorney general.
● The governor, secretary of state and attorney general serve on the board of state prison commissioners and the board of examiners.
● All grants and commissions given in the name of the state of Nevada must be signed by the governor and counter-signed by the secretary of state.
● The lieutenant governor shall be president of the senate and also serve as governor when the chief executive is absent from the state. The term of office and qualifications shall be the same as for the governor.
● The secretary of state, treasure, controller, and attorney general shall be elected at the same time and for the same length of terms as the governor.
● The secretary of state shall keep true record of the official acts of the legislative and executive departments of the government.
Article 6. Judicial Department
● The judicial power is vested in the supreme court, district courts, and in justices of the peace.
● The sessions of the supreme court must be held in Carson City and district courts are held in the county seat of their respective counties.
● There are 7 supreme court justices: 1 chief justice and 6 associate justices. A concurrence of a majority of the supreme court justices is necessary to render a decision.
● Justices of the supreme court are elected by the electors of the state at a general election, and serve for a term of 6 years.
● The district courts have original jurisdiction in all cases in equity and at law. The supreme court has appellate jurisdiction.
● The state is divided into 9 judicial districts.
Article 7. Impeachment and Removal From Office
● On a two-thirds vote of all members elected to the legislature, the chief justice and associate justices of the supreme court and judges of district courts may be removed from office if the complaint is less than sufficient grounds for impeachment.
● The assembly holds the sole power of impeachment with a concurrence of a majority of all members elected. Trial of impeachment's is by the senate and conviction requires a two-thirds majority of the elected senators.
Article 8. Municipal and Other Corporations
(No relevant extracts from this Article).
Article 9. Finance and State Debt
● Public debts contracted by the state may never exceed the sum of one percent of the assessed valuation of the state as shown by the reports of the county assessors to the state controller.
● The state may assume the debts of a county, town or city when the debt has been created to repel invasion, suppress insurrection, or to provide for the public defense.
● The state may donate or loan money to corporations formed for educational or charitable purposes.
Article 10. Taxation
● No inheritance or estate tax shall be levied. No tax shall be put on property exempted by law for municipal, educational, literary, scientific or other charitable purposes.
● No income tax shall be levied upon the wages or personal income of natural persons. However, taxes may be levied upon the income and revenue of any business in whatever form it may be conducted for profit in the state.
● The total tax levy for all purposes may not exceed 5 cents on one dollar assessed valuation.
Article 11. Education
● The University of Nevada is provided for by the legislature. An elected board of regents has control and its duties are prescribed by law.
● The legislature provides for a uniform system of public schools in the state of Nevada.
● No sectarian instruction may be given in the public schools and no public funds may be used for sectarian purposes.
Article 12. Militia
● The governor may call out the militia to execute the laws of the state or to suppress insurrection or repel invasion.
Article 13. Public Institutions
● The state shall provide and support benevolent institutions required for the public good, subject to regulations prescribed by law.
Article 14. Boundary
● The boundary of the State of Nevada is specified.
Article 15. Miscellaneous Provisions
● No person who is not a qualified elector may be eligible to any public office in the state.
● General elections are held on the Tuesday after the first Monday in November.
● The limit on the aggregate number in both branches of the legislature is 75 members.
● All county officers must hold their offices at the county seat of their respective counties.
● Ten percent of the Nevada voters must express their wish that a law made by the legislature be submitted to a vote of the people before it will be referred.
● The state seat of government must be located in Carson City.
● The legislature holds the power to change public officers' salaries set by the constitution but no change may be made during the term for which any officer has been elected.
● A plurality of votes given at an election constitutes a choice.
● The legislature shall provide for a state merit system governing employees in the executive branch.
● Appropriation bills take precedence over initiative measures.
● The governor has 5 days to sign a bill or return it unsigned before it becomes a law without his signature. Those 5 days are exclusive of the day on which he received it and Sundays excepted.
● Citizens of the United States may vote at all elections in Nevada providing they are 18 years of age or older, have resided in the state for 6 months, in the district or county for 30 days, and in the precinct for 10 days.
● The governor shall use and be in charge of "The Great Seal of the State of Nevada."
Article 16. Amendments
● An amendment to the state constitution may be proposed by either house of the legislature or the people by initiative petition.
● The governor and other elected state and judicial officers, except justices of the peace, may be impeached.
● Any judicial officer shall be deemed to have vacated his office after a 90 consecutive day absence.
● The legislature may establish courts for municipal purposes in incorporated cities and towns.
● In case of the death of both the governor and lieutenant governor, the president pro tempore of the senate shall act as governor until the vacancy is filled.

STUDY NOTES
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[FONT=Arial]The key concepts of governance are: (1) popular sovereignty--people grant power to their government (2) limited government--the governing entity is not omnipotent; (3) separation of powers--authority is divided among the branches of government, including legislative, executive, and judicial; (4) checks and balances--each branch retains some limiting authority over the other two; (5) judicial review--the authority that has been acknowledged to be possessed by the courts to judge the constitutionality of federal and state laws and statutes; and (6) federalism--powers are shared by the central government and the states.
■ The United States Constitution is the supreme law of the land. States may not adopt statutes which are inconsistent with the U.S. Constitution.
■ Stare decisis (let the decision stand) is the principle guiding courts to rely on earlier decisions in cases which have very similar factual settings in order to avoid trying the same issue over and over.
■ The nine members of the U.S. Supreme Court are Chief Justice John Roberts and Justices Samuel Alito, Stephen G. Breyer, Ruth Bader Ginsburg, Anthony M. Kennedy, Antonin Scalia, David Souter, John Paul Stevens, and Clarence Thomas. U.S. Supreme Court Justices are appointed by the sitting president with the approval of the Senate, and serve as long as they are able or removed for cause.
■ Nevada's U.S. Senators are Harry Reid (D) and John Ensign ®. Our members of the House of Representatives are Shelly Berkley (D-1st District), Dean Heller (R-2nd District), and Jon Porter (R-3rd District).
■ Nevada's Governor is Jim Gibbons ®. The Lieutenant Governor is Brian Krolicki ®. The Chief Justice of Nevada's Supreme Court is A. William Maupin. The Nevada Supreme Court consists of seven Justices. Others currently are Michael Douglas, Mark Gibbons, James W. Hardesty, Ron D. Parraguirre, Nancy Saitta and Michael Cherry. Supreme Court members are elected in Nevada.
■ There is no appellate division in Nevada. Appeals from the Nevada District Court are taken directly to the Nevada Supreme Court, and from there - if certiorari is granted - to the U.S. Supreme Court. The Nevada Supreme Court is not a fact-finding court.
■ Appeals from the Federal District Court in Nevada are taken to the Ninth Circuit Court of Appeals; and, if the writ of certiorari is granted, from there to the U.S. Supreme Court.
■ Nevada public schools are those supported through public taxation, and (except charter schools) whose textbooks and courses are controlled by the State Board of Education.
■ The Nevada Education Reform Act (NERA) passed in 1997 created some new agencies with various responsibilities for public education. They include the Commission on Professional Standards (teacher licensure and training), the Legislative Committee on Education (school accountability), the Bureau of Educational Accountability and Program Evaluation--BEAPE--(evaluation of school performance), the Commission on Educational Technology (use of technology in the schools), and the Commission on Postsecondary Education (licensing of institutions).
■ Nevada's Superintendent of Public Instruction is Dr. Keith Rheault. Although the requirements for the position are straight forward (age 21+ and a master's in education or school administration) the person's experience and standing in the educational community are important in selection. Dr. Rheault served in the Department of Public Instruction for a number of years prior to his being named Superintendent. There are 17 school districts in Nevada -- one in each of the state's counties, including the capital city area, Carson City.
■ According to the NERA, schools are rated for their students' performance on nationally normed tests as well as on average daily attendance. The rating levels are Demonstrating Exemplary Achievement (DEA), Demonstrating High Achievement (DHA), Demonstrating Adequate Achievement (DAA) and Demonstrating Need for Improvement (DNI). Being rated DNI two years in succession, a school is placed on academic probation and an improvement plan is mandated. The DNI rating for the third successive year can cause the appointment of a supervisory panel of educators, parents and others. If DNI continues, the State Board may name an administrator to take over the school.
■ High school graduation in Nevada follows the completion of the following credits: English=4, Math=3, Social Studies=3, Science=2, Health and Computer Competency= 1/2 credit each, physical education=2, and electives=7 1/2. Students must also pass proficiency exams in reading, writing, and math.
■ Nevada textbooks in literature and history must reflect society's racial and cultural diversity and the contributions of men and women of various racial and ethnic backgrounds. Politically correct content and language are also mandated.
■ Nevada requires the administration of standardized tests in grades 4, 8, and 10. State proficiency examinations are started in 11th grade and re-offered through 12th grade.
■ Nearly one-fifth of Nevada's population is school age.
■ Among other duties, Nevada school boards (Boards of Trustees) are responsible for curriculum, attendance, school property and its use, pupil transportation, and administration of activities mandated by state law and policies of the Department of Education.
■ A tort is a wrongful act resulting in injury to another's person, property, reputation, or some other legally protected right or interest -- and for which the injured party is entitled to a remedy at law (usually in the form of money damages).
■ The elements of negligence (an unintentional tort) are (1) legal duty toward the injured party, (2) a breach of that duty, (3) causal proximity--direct effect between breach of duty and the injury, and (4) demonstrable injury or harm suffered by the plaintiff. The plaintiff bears the burden of proof of every essential element of the claim by a preponderance of evidence. This differs from a criminal trial in that guilt in criminal trials must be established beyond the shadow of a doubt.
■ If the accused person feels obligated to present a defense in the face of the evidence, part of the burden of proof is then shared. The most common defense is that there was contributory negligence on the part of the plaintiff which was part of the cause of the injury.
■ In Nevada, school employees will be defended by the school district as long as (1) the incident
happened in the course of the defendant's employment, (2) the employee acted in good faith, (3) all relevant court documents are turned over to the district's legal counsel, and (4) the employee participates in the defense.
■ The First Amendment's Establishment Clause is intended, in the words of Thomas Jefferson, to erect a "wall of separation" between church and state.
■ The nation's public schools are "creatures" of the states in which they are organized, and are subject to the same prohibitions as are set forth for other public (secular) entities.
■ Any type of school-sponsored prayer violates the Establishment Clause.
■ Where a "limited open forum" is created (non-curriculum-related clubs are allowed to function in the school during non-instructional time), clubs with a religious purpose must be allowed the same access.
■ Religious organizations may use public school facilities at times when school is not in session. Equitable charges may be assessed for utilities and janitorial functions.
■ The Supreme Court has ruled in the Newdow case -- protesting the phrase "under God" in the pledge of allegiance. Since the plaintiff is not the custodial parent, his filing on behalf of his daughter lacked standing. The pledge is safe as is for now, although Newdow won a judgment in the 9th Circuit recently in a similar case, in which he was joined by custodial parents. Public schools may teach about religions, but must take care that representation of course materials is both inclusive of the major religions and content-neutral (does not favor one over another). The practice of reciting the Pledge including the phrase "under God" continues in Nevada schools in spite of the 9th Circuit ruling.
■ The courts have recognized the First Amendment right of recognized religious groups and members thereof to regulate the rearing of their children -- including their education. This fundamental right has been upheld in such Supreme Court rulings as Pierce v. Society of Sisters and Wisconsin v. Yoder.
■ Recognition of religious rights has a significant impact on school curriculum. Compulsory attendance laws create a "captive audience" whose rights must be observed and protected.
■ Courts have consistently backed school districts' authority to regulate the curriculum, even when it is challenged on religious grounds. Teachers maintain control over their methods of delivery, as long as those methods are consistent with guides set out by school authorities and do not offend community values.
■ Nevada requires its high school students to complete 21 1/2 credits for graduation, in addition to which they must pass proficiency examinations in reading, writing, and mathematics. A test of science proficiency has been piloted and will be added soon. The next core area under study is social studies.
■ Schools are careful to monitor and filter information students can access via the Internet.
■ In Nevada, children are required to attend school between the ages of 7 and 17, unless special situations exist which make attendance impractical or a hardship. Kindergarten is also mandatory, but parents can opt out by making such notification in writing to the school board.
■ Nevada public school students attend classes 180 days per academic year. Statute requires that they not miss more than 18 days per semester. Misdemeanor charges can be brought against persons who attempt to keep school age children from attending.
■ Nevada was the first state to approve home schooling, and remains among those states which maintain stringent standards of reporting and assessment.
■ In Plyler v. Doe the U.S. Supreme Court ruled that children of undocumented immigrants are entitled to public school educations.
■ School dropout rate continues to decline in Nevada; but it is difficult to control for a variety of reasons, including sudden and unreported departures of families and a growing proportion of residents who do not share the community's desire that all students finish high school.
■ Reproduction of copyrighted material for class use is permitted by law, but under controlled
circumstances. In all instances, acknowledgment of copyright is required. Only a small portion of the original can be used, and must not be maintained by the teacher beyond one term. The material used should be closely related to course content and be applied to enhance a "teaching moment."
■ In Nevada, as in all states, absolute control over--and security of--standardized testing instruments is mandated. There are serious consequences for revealing test questions ahead of time, and for using previous tests for any purpose.
■ The Family Educational Rights and Privacy Act of 1974 (FERPA) has established regulations concerning the maintenance and security of student records. The penalty for failure to observe regulations is withdrawal of federal funding.
■ "Directory Information" which can be released without parental permission include such items as name and address, date and place of birth, major fields of study, participation in activities and sports, e-mail addresses, dates of attendance, degrees and awards, most recent previous school attended, and in the case of student athletes height and weight. Photographs maintained by the school can also be released. Parents do have the right to forbid the release of such information, but their objection must be made known to school authorities beforehand.
■ According to FERPA, parents/guardians may inspect their own student's records only, and have the right to challenge the information contained. Schools must inform parents and adult students of those rights annually. When a student reaches age 18--or enters a postsecondary school--those rights devolve to the student.

De jure segregation is that which has occurred because of local ordinances or state statutes, whereas de facto segregation is a consequence of choice, housing options, or other social patterns.
■ In Brown v. Board of Education of Topeka the USSC ruled unanimously that the "separate but equal" doctrine set forth in the 1890s Plessy v. Ferguson decision was based on false information, and was constitutionally infirm. The Warren Court specifically ruled that in education separate (segregated) schooling is inherently unequal, and has no place in the public schools.
■ The "Green Criteria" set forth in Green v. County School Board mandate that a school's racial identification must be eliminated in terms of student body, faculty and staff, transportation, extracurricular activities and facilities. Some remedies might include rezoning, redistricting, busing, establishing magnet schools, changes in curriculum, etc.
■ Courts have ruled that schools are not obligated to offer bilingual instruction. (Guadalupe 9th Cir. 197
■ Section 504 of the Rehabilitation Act forbids discrimination on the basis of an individual's disabilities.
■ Title IX protects people against discrimination because of gender. That protection includes pregnancy.
■ Discrimination because of sexual orientation is also banned by numerous court decisions.
■ Substantive due process insists on the application of fair laws. Procedural due process covers the steps of a process as defined by law. It adds up to fair laws, being fairly administered.
■ Student-on-student violence is recognized as a growing problem in public (and private) schools.
■ Nevada statute forbids hazing of any description in schools.
■ USSC precedents for student expression include (1) Tinker v. Des Moines Sch. Dist. (1969), the standard for symbolic (non-verbal) expression; (2) Bethel Sch. Dist. v. Fraser (1986), for articulated (spoken) speech; and (3) Hazelwood v. Kuhlmeier (198, for student writings.
■ Courts rule that if student expression causes disruption, it loses 1st Amendment protection.
■ The primary responsibility of schools--even before instruction begins--is maintaining a safe and orderly environment.
■ Articles that students bring on campus can be regulated by school authorities. That includes electronic entertainment and communication devices. Some school districts, including Clark County, are allowing students to carry cellular phones, but they can only be used during non-instructional time and in certain areas of the campus. Allowances can be made for students when there is a medical reason.
■ A few of the reasons why students can be expelled include arson, battery, possession of controlled substances, robbery or extortion, or bringing a weapon on campus (firearm, knife, other devices or objects that are associated with fighting).
■ Student expression at school is also subject to control in terms of the time, place, and manner of occurrence.
■ Courts have ruled that schools may not exclude student groups from participation in the limited open forum because of an unpopular theme.
■ Student appearance falls under the general authority of the school if the mode of dress tends to be disruptive or reflects attitudes that offend public morality/decency, or promotes drug or alcohol use.
■ Some school districts have established policies that define uniforms to be worn by students. In most of the successful instances of such a policy, parents have been given an opt-out. Two significant cases set the tone for the eventual legislation that established special education as we know it today: P.A.R.C. v. Commonwealth of Pennsylvania and Mills v. Board of Education of the District of Columbia.
■ People with "504 accommodations" are not always covered under special education. That identification comes from the Rehabilitation Act, section 504.
■ The Education of All Handicapped Children Act of 1975 marked the beginning of special education. It has been amended and eventually replaced by the Individuals with Disabilities Education Act (IDEA) in 1990. That act has be re-authorized and expanded over time, including the most recent iteration- the Individuals with Disabilities Education Improvement Act (IDEIA).
■ The key concepts of IDEA include: (1) zero reject, (2) due process, (3) non-discriminatory identification and evaluation, (4) free appropriate public education, (5) individualized educational plan, and (6) least restrictive environment.
■ The Ninth Circuit decision that guides placement of students in their least restrictive environment is the Rachel Holland case: it established a test for LRE including the (1) academic benefits of a placement, (2) non-academic benefits, (3) effect of the student's presence in class on the other students and the teacher, and (4) relative cost of the competing placements.
■ The mainstream (regular) classroom is not always the least restrictive environment for a student, whose specific disability often dictates the placement.
■ A "manifestation hearing" is one in which it is determined whether a special education student's misbehavior is a consequence of his/her disability. If it determined that the behavior was not caused by the handicap then the student can be disciplined in the same manner as any other student.
■ Courts have ruled that special education related services can be provided by the public school district for the benefit of students enrolled in non-public institutions. This also applies to students being home-schooled. Moreover, certain equipment bought with tax money and retained by public schools can be loaned to non-public schools to benefit children (whose parents also contribute to local taxes).
■ In public schools, students desks and lockers can be searched at any time, since they are the property of the school district.
■ A school search can be conducted by school authorities without "probable cause" or a warrant as long as the search is prompted by "reasonable suspicion" or "individualized suspicion." Reasonableness is established when the school's need to conduct the search outweighs the individual's expectation of privacy. Reasonable suspicion exists when there is enough evidence to prompt a mature, responsible person to proceed with a search. Individualized suspicion exists when a person calls attention to him/herself by actions or demeanor.
■ The Supreme Court precedent for school searches came out of the New Jersey v. T.L.O. decision.
■ Any search must be tailored to the object(s) sought. There must be a specific object or substance in mind.
■ When searching a school locker, only items in plain view when the locker is opened can be searched. Unless individualized suspicion is present, the searcher must not examine the personal effects contained in the locker.
■ In a campus-wide sweep of parking areas, not even teachers' vehicles are immune.
■ Several Supreme Court decisions have established the legitimacy of random drug testing of students. Chief among them are Vernonia v. Acton and Bd. Of Ed. Of Ind. Sch. Dist of Pottawatomie County v. Earls.
■ The Eighth Amendment provides protection from cruel and unusual punishment. In terms of public schools, this addresses the physical punishment of students.
■ In Nevada, state law forbids corporal punishment of public school students. Other states--mainly in the deep South--still permit paddling.
■ The 14th Amendment provides substantive and procedural due process rights in addition to equal protection of the law. It extends the Bill of Rights protections against acts of the federal government to acts of the individual states as well.
■ The USSC ruling that established student due process rights is Goss v. Lopez. For example, there must be a 24-hour notice to parents before a suspension takes effect, and a formal hearing must be held.
■ Nevada law strictly forbids any hazing practice for the purpose of initiation, even when students agree to being hazed.
■ The Nevada group that sets rules for teacher licensure and renewal is the Commission on Professional Standards. These and many other regulations appear in the Nevada Administrative Code (NAC).
■ There are specific procedures for teachers to establish that they are "highly qualified," as required by the No Child Left Behind Act (a recent reauthorization of the Elementary and Secondary Education Act).
■ Nevada teaching licenses must be renewed every five years (every six years for those with a master's degree; ten years for those with doctorates).
■ Prior to license renewal, the teacher must have completed six additional college credits or their equivalent in job-related subjects. The additional work must have begun after the current license was issued, and completed prior to the expiration date of the current license.
■ There are a number of reasons for teacher dismissal, including inefficiency, unprofessional conduct, neglect of duty, immorality, insubordination, unfitness for service, incapacity, dishonesty, no professional growth, advocating forceful overthrowal of the government, advocating communism, falsifying attendance, and intentional misuse of standardized testing materials.
■ Nevada teachers must be U.S. citizens, or in the process of naturalization. They must also be permanent residents of the United States.
■ Teachers' so-called Weingarten Rights include protection against unexpected disciplinary meetings. Union teachers finding themselves in such situations may request that the meeting be rescheduled so a union representative can be present. Non-union teachers may seek similar protection by securing legal representation.
■ Nevada law forbids teachers and administrators from engaging in sexual conduct with students.
■ Nevada is a "right to work" state. Chapter 288, Nevada Revised Statutes, provides that public employees may organize within a recognized union, or refrain from doing so without losing any employment rights. Public employees - including police, fire fighters and teachers - have agreed not to strike, in order to prevent interruption in public services.
■ Items within the scope of bargaining between a school district and the teachers' union are monetary compensation, paid and non-paid leaves, discipline procedures, grievance and arbitration procedures, preparation time during the school day, procedures of a reduction in force, transfer and reassignment policies, recognition of the union and of the contractually agreed-on Teacher Advisory Committees, employee safety and insurance benefits.
■ Teachers may speak out publicly on issues which are of public concern (Pickering v. Board of Education) unless doing so (1) jeopardizes the teacher's relationship with his/her immediate
supervisor, (2) impairs the teacher's classroom performance, or (3) impedes school operations. Private grievances and criticisms are not protected speech.
■ Because school classrooms are not intended to be public forums, based on legitimate educational concerns school authorities can restrict teacher expression. Although freedom of association is not specifically addressed in the Constitution's 1st Amendment, it is implicit in the freedoms of speech, assembly and petition.
■ Unless a teacher's job performance suffers or the teacher has a conflict of interest based on
decision-making authority, participation in political affairs cannot be denied by the school. However, no campaign speeches are allowed in the classroom. Teachers must not take advantage of their position of authority over an impressionable audience.
■ If campaign issues are relevant to current units of study, those issues can be discussed in class in a balanced, non-partisan manner.
■ In order to hold full-time political office (e.g., being elected to the Nevada legislature), a teacher is required to take an unpaid leave of absence. At the end of two years or less, the teacher must return to his/her duties, although no assurance is offered that those duties will be at the same school as before.
■ In the matter of personal appearance and grooming, teachers will be expected to conform to normally accepted standards observed in the community. However, restrictions on personal appearance will probably not be upheld in court if they are unrelated to "legitimate educational interests."
■ Although the U.S. Constitution does not define "privacy rights," such liberties are related to rights that are defined. Included are personal choices such as marriage, contraception, procreation and family relations. However, some school restraints on behavior have succeeded in court if they reflect community values. Teachers also serve as role models for students, and are expected to conduct themselves with that in mind.
■ Certain lifestyle choices by public school educators are protected by the courts as long as classroom effectiveness is not compromised. In one case, however, a sex change operation proved too much for the school board. That teacher was dismissed.
■ Significant protection for teachers as well as other citizens exist in public laws. The Civil Rights Act of 1964, for example, contains Title VII--which forbids discrimination on the basis of race, ethnicity, gender, or religion. The 14th Amendment protects against all those types of discrimination and adds both disability and age. Other federal laws reinforce those protections.
■ In order to claim age discrimination, the complainant must be 40 or more years old.
■ Proof of discrimination involves (1) establishing one's membership in a protected class, (2) having applied for and not being selected for a particular job, (3) showing that the same job was awarded to an individual with equal or fewer qualifications who is not a member of a protected class.
■ The Pregnancy Discrimination Act of 1979 provides protection against discriminatory actions of an employer, including being forced to take early maternity leave, losing out on job opportunities because of pregnancy, using one's earned vacation leave prior to receiving sick leave or disability.
■ The wearing of modest religious jewelry cannot be the basis for disciplinary action against public employees, including teachers and others involved in the schools.
■ Nevada public schools are expected to provide nutritious meals for students, and federal subsidies help to reduce their cost and in some instances provide them free for eligible students. School districts are also enjoined to see to proper sanitation throughout their buildings, and to maintain clean rest rooms.
■ Schools must conduct safety drills to remind children of what procedures to follow in the event of fire or other emergencies. Drills include shelter-in-place exercises and total evacuations.
■ Student transportation is facilitated by school-owned buses driven by school district employees.
■ Teachers are mandatory reporters of any suspected child abuse or neglect. If the report turns out to be mistaken, Nevada law protects teachers against lawsuits as long as the report was made in good faith.

NEVADA SCHOOL LAW EXAM SAMPLE QUIZ:
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[FONT=Arial]A1 The extension of free elementary education into the secondary level in the states was helped by this precedent decision:
a. Manitowoc v. Manitowoc Rapids
b. Stuart v. School District No. 1 of the Village of Kalamazoo
c. Griffin v. County School Board of Prince Edward County
A2 The Sleeseman v. State Bd. of Educ. case determined that:
a. Students must attend school where their custodial parent(s) or legal guardian(s) reside.
b. Students must pay tuition if they attend school away from their parental home.
c. The “best interest” of the student should result in a tuition-free placement, in spite of custodial issues.
A3 The Plyler v. Doe decision:
a. Relieved school districts' growing burdens of educating the children of undocumented aliens.
b. Set up a schedule of tuition that undocumented aliens need to pay in order for their children to attend public schools.
c. Said that denying the children of undocumented aliens an education would impose a life-long handicap on them.
A4 The common law doctrine of Parens Patriae:
a. Establishes that the power of the state to protect and educate the populace trumps the custodial authority of parents.
b. Unambiguously declares that parental rights stand above any interests of the government.
c. Names a child’s father as the undisputed final authority over the interests of the child.
A5 That the state can compel school attendance is acknowledged. But the state may not dictate that all children attend public schools. This was illustrated in the case of:
a. People v. Turner.
b. Pierce v. Society of Sisters.
c. State v. M. M.
A6 The first state to enact a statute permitting home schooling was:
a. Massachusetts.
b. New York.
c. Nevada.
A7 The requirement that parents who choose to home school their children must be college educated, and in some places must be certified teachers:
a. Has been discredited on grounds that such a requirement violates the 1st Amendment’s Free Exercise Clause.
b. Varies from state to state, and no federal court decision to date gives guidance.
c. Is included in the No Child Left Behind Act of 2001.
A8 When strong religious beliefs are part of a legal dispute, as in State of Wisconsin v. Yoder,
a. The state must show a compelling reason to justify encroaching on individual religious freedom.
b. The duty of the state to make sure children are properly educated always trumps religious concerns.
c. Parents bear the burden of proving that public education would interfere with the basic tenets of their faith.
A9 The outcome of the case of State v. Priest was that:
a. Just because someone is a priest, that person is not necessarily a qualified teacher.
b. Even though legally married, those within the age range of compulsory attendance must continue their schooling.
c. Marriage imposes obligations on people which are inconsistent with compulsory attendance; therefore such people are exempt from further attendance.
A10 The argument that exposure to the high school curriculum and environment tends to alienate children from the central values of their faith was put forth in:
a. State of Wisconsin v. Yoder.
b. Johnson v. Prince William County School Bd.
c. Kentucky State Board v. Rudasill
A11 Most states require children to be vaccinated against the most common childhood diseases: mumps, measles, rubella, whooping cough and the like. Courts in the past decade or so have begun to grant exemptions for the children of parents who object:
a. Because of a suggested linkage between mass inoculations and the rise of autism among young school children.
b. On grounds of sincerely held religious beliefs.
c. Because of the rising costs of medical treatment.
A12 The determination of school curriculum:
a. Is usually retained by the state legislature, although local school boards are responsible for enforcing their own reasonable rules.
b. Is entirely a matter for local school authorities, since they know best the needs of the community.
c. Is generally left to the teachers and administrators within the school district, since they are the expert authorities on what children need to learn.
A13 The classroom, according to former Chief Justice Earl Warren, is:
a. A “bully pulpit” presided over by the teacher, whose views on a wide variety of subjects are to be respected.
b. A place where the beliefs system of the community should be reinforced, and other ideas discounted.
c. An “intellectual marketplace” protected by law.
A14 This outcome was common to the cases of Epperson v. State of Arkansas and Edwards v. Aguillard:
a. The biblical account of creation must be taught in parallel with Darwin’s theory of evolution.
b. Students and their parents should be able to choose which explanation of the origin of mankind will be taught in public schools.
c. State laws mandating the inclusion of the biblical account of creation were struck down.
A15 At issue in the case of Meyer v. Nebraska:
a. Teaching a foreign language to children who had not yet finished eighth grade.
b. Whether children should be taught about the causes and outcomes of World War I.
c. Whether the German language was too difficult for young children to learn.
A16 It is acknowledged that teachers do not relinquish their 1st Amendment rights when they become public employees. When a teacher speaks out on personal matters in a way that offends school authorities,
a. The teacher’s 1st Amendment protection will be honored by the courts.
b. The teacher may be disciplined, or even dismissed.
c. The teacher’s union will always find ways to successfully defend the teacher’s freedom of speech.
A17 In Montiero v. The Tempe Union High School District, the Ninth Circuit Court of Appeals (whose decisions are binding in Nevada) has ruled that the removal of textbooks because some parents object to the contents:
a. Is a response to the sensitivity of the community, and should be done to avoid lawsuits.
b. Would infringe on the rights of other students, and compromise the school district’s discretion to determine the materials that support its curriculum.
c. Is an issue that will be resolved by the Supreme Court, assuming certiorari is granted.
A18 Parents objected to “scary stories” about ghosts, goblins and witches being used at school in the case of Fleischfresser v. Directors of School District 200. The Federal District Court ruled that:
a. Since the subject books neither advanced nor impeded any religious viewpoint, they should remain in place.
b. Such topics are outside the mainstream of public education, and should be banned.
c. Since there is no such thing as a ghost, goblin, or witch, there was nothing to be alarmed about.
A19 Having removed copies of several books from a school library, the school board had to defend its action in Board of Education, Island Trees Union Free School District No. 26 v. Pico. The Supreme Court sided with the school authorities, who had argued that the subject books:
a. Were too expensive for all the libraries in the state to own, creating an unfair situation for other pupils.
b. Had been defaced by students, who objected to the contents as being “too babyish.”
c. Were vulgar, immoral, and in bad taste for junior and senior high school students.
A20 The introduction of sex education into public schools has sometimes met with strong criticism from parents, who claim that school is not the place for their children to learn such things. In general, the courts have generally ruled that:
a. Parents may demand that their children be exempted, but only on religious grounds.
b. To require such courses is well within the police power of the state, protecting the health and welfare of its citizens.
c. No one can be exempted from sex education for any reason, because it satisfies a compelling government interest.

B1 The case that established the right to education as a protected interest with 14th Amendment substantive due process implications:
a. Meyer v. Nebraska
b. Adkins v. Children's Hospital
c. Dixon v. Alabama State Board of Education
B2 The Supreme Court's Goss v. Lopez decision:
a. Established a clear relationship between educational rights and due process.
b. Eroded the right to education as a due process issue.
c. Tended to question whether education is a liberty interest.
B3 When a state establishes a public school system for all resident children,
a. Only children with disabilities can be excluded.
b. The children possess a property interest.
c. Parochial and other private schools lose state funding.
B4 Procedural due process means that:
a. Students must follow school rules.
b. When disputes arise, a specific four-step sequence of fact-finding and decision takes place.
c. Students have a right to proceed to the next grade.
B5 If a student is given a suspension before a hearing takes place,
a. No hearing is necessary.
b. The responsible administrator will document the incident as if there had been a
hearing.
c. Procedural due process has been violated.
B6 Punishment for all student offenses:
a. Are left to the discretion of the principal.
b. Must not be excessive, and must be appropriate to the seriousness of the offense.
c. Must only be applied with a parent's or guardian's approval.
B7 The Ingraham v. Wright decision established that:
a. All corporal punishment is cruel and inhumane.
b. Under a certain age, no child can be paddled.
c. Within reasonable limits, corporal punishment can be applied if state law permits.
B8 A student whose presence imposes a continuing danger to persons or property, or which constitutes an ongoing threat of disrupting the academic process:
a. Can be immediately removed, with a hearing scheduled later.
b. Must remain in school until a hearing determines an appropriate punishment.
c. Should be transferred temporarily to another school.
B9 In the course of a hearing about a student's misbehavior,
a. The student is not allowed to attend unless the parent is unavailable.
b. The student's custodial care-giver officiates.
c. Hearsay evidence from teachers and staff is admissible.
B10 The Fifth Amendment's protection against self-incrimination:
a. Is a student right in a school disciplinary hearing.
b. Is not a due process right in school hearings.
c. Allows students to avoid a disciplinary hearing altogether.
B11 A student placed on in-school suspension ("in-house"):
a. Is considered absent from school.
b. Must be provided with appropriate class work, or due process applies.
c. Loses all rights to procedural due process.
B12 Freedom of speech is not absolute. Schools may regulate student expression:
a. Unless there is a clear abuse of power and discretion by the school.
b. In any way they find convenient, since constraining student conduct is an understood prerogative of school authority.
c. To illustrate and teach students that society has rules that must be followed in
adulthood.
B13 In Tinker v. Des Moines Independent Community School District, the Supreme Court ruled that:
a. Students had disrupted the schools' academic pursuits by wearing black armbands.
b. Administrators must guard against any potential disruptive activities.
c. School officials showed neither substantial disruption nor any material interference with school activities when students wore their armbands to protest the war in Vietnam.
B14 After being warned against making a nominating speech that the school found lewd and sexually explicit, Matthew Fraser was suspended when he went ahead. In Bethel School District No. 403 v. Fraser, the Supreme Court:
a. Relied on its Tinker decision and reversed the lower court which had sided with the school.
b. Refused to take the appeal and allowed the lower court's decision to stand.
c. Said that it is appropriate for the school to prohibit the use of vulgar and offensive
terms in public discourse.
B15 Because student newspaper writers were prevented from running articles the administration
found objectionable, the Supreme Court in Hazelwood Sch. Dist. V. Kuhlmeier decided that:
a. The school principal had acted arbitrarily, depriving the writers of free speech.
b. The principal had acted properly, exercising prior restraint over a school-sponsored curricular activity.
c. Student newspapers ought to be free from constraints, even though they appear to represent the voice of the school.
B16 The reason high school students, but not elementary school pupils, were forbidden to wear clothing containing supposed gang symbols in Jeglin II v. San Jacinto Unified Sch. Dist.:
a. It was held that high school is the venue of known gang activity, whereas the same is not so in lower grades.
b. Grade schoolers are more obedient to their parents, and wear what they are told to wear.
c. The mere presence of gangs in elementary schools does not lead to violence.
B17 When students assembled outside the principal's office to protest the suspension of their friends, and refused to disperse and return to their classes, they were arrested for unlawful trespassing. The court found that the school had acted within its rights in:
a. Long v. Board of Education of Jefferson County, Kentucky
b. Pleasants v. Commonwealth
c. Stephenson v. Davenport Community School District
B18 Studies have found that mandatory school uniforms often serve the purpose of reducing competition and envy among students. In promulgating such regulations, schools have been taken to court. Most often,
a. Uniform policies have been found to trample students' free expression rights.
b. Schools have been put on notice to modify their regulations, making dress codes optional.
c. Uniform policies have been supported as fostering a "legitimate pedagogical concern."
B19 Dismissals of students for bringing tobacco, alcohol, and drugs to school:
a. Have been upheld in court, so long as procedural due process has been properly applied.
b. Are often found excessive punishment, where the student's act was intended as a joke.
c. Are automatic, with no due process required.
B20 Cheating, stealing, sexual promiscuity, providing drugs or liquor, and other such acts fall under the category of:
a. Insubordination.
b. Immorality.
c. Lewdness.

C1 In the beginning of public education in the United States,>>
a. The aim was to teach the history of Europe so mistakes would not be repeated.>>
b. Teachers were brought from England because no qualified people were here.>>
c. The main objective was to teach children the meaning of Biblical scriptures.>>
C2 That public schools should abstain from holding children to any “legal standard of religious faith” was the opinion of:>>

a. John
Dewey>>

b
. Adam Smith>>

c
. Horace Mann>>
C3 Maintaining a “wall of separation” between church and state (and the creatures of the state, like education) was the position of:>>

a
. John Adams>>

b
. Thomas Jefferson>>

c
. George Washington>>
C4 That government cannot set up a church, financially support religion, or enact laws that support or repress religious groups was articulated by Justice Hugo Black in the majority opinion on this case:>>
a. Everson v. Board of Education.>>
b.
Walz
v. Tax Commission.>>
c. Marsh v. Chambers.>>
C5 A three-pronged rule for determining the government’s role with respect to religion is the heart of this decision:>>
a. Larson v.
Valente
.>>
b. Lynch v. Donnelly.>>
c. Lemon v.
Kurtzman
.>>
C6 Modifying the Supreme Court’s position on no “excessive entanglement” with religion, the Mitchell v. Helms decision:>>
a. Made it possible for children attending public schools to be released for religious instruction.>>
b. Cleared the way for the distribution of public funds to parochial schools.>>
c. Strengthened the Court’s stand that no support should flow to non-public schools.>>
C7 In deciding the Santa Fe Independent School District v. Doe case, the Supreme Court based its opinion on being persuaded that:>>
a. Some students were “coerced” into participating in prayer that might not reflect their own religious beliefs.>>
b. Football is violent and religion is peaceable – therefore not to be mixed.>>
c. Paying to attend the game, at which prayer was said, was the same as supporting religion.>>
C8 That school authorities may regulate the content of student publications prepared as part of the curriculum was decided in this precedent case:>>
a.
Henerey
v. City of St. Charles School Dist.>>

b
. Hazelwood School Dist. V.
Kuhlmeier
.>>
c.
Gregoire
v. Centennial School District.