Contrary to popular belief, there is no consent requirement prior to recording on school property.  However, Nevada law and District policy prohibits surreptitious recording (recording made without the knowledge of the person being observed) on school property.  While surreptitious recording on school property is unlawful and is prohibited under District policy, open and/or obvious audio and/or video recording is not prohibited.  If you learn that a person (student, parent, employee, etc.) has surreptitiously recorded someone on school property, that person can be warned against doing so and warned that there are potentially criminal charges and penalties should they be found guilty of violating the law.  In addition, depending on technology policies in a school’s student handbook, students may be disciplined for surreptitious recordings and other such technology violations.  See NRS 393.400; NRS 200.650; NRS 200.690; see also Board Policy 1505 Visitors to District Property – Meaningful Access.

Yes.  A student may not be compelled to stand for the Pledge of Allegiance or be harassed for remaining seated.  Additionally, such students may not be made to leave the room, be sent to the back of the class or any made to do anything else that sets the student apart from others.  For more information, see Board Policy 5150 - Student Freedom of Expression, Freedom of Speech, and Right to Assemble.

Generally speaking, no.  Emotional support or therapy animals, if they are not service animals under the IDEA or therapy animals used by staff and counselors during crises situations, are not allowed on District property.  For more information, see Administrative Regulation 7521 - Services Animals and Administrative Regulation 7522 - Animals on Property and/or Events.

District staff cannot inquire about the nature or extent of the person’s disability and cannot require proof of the animal’s certification, licensure or training. When it is not obvious what service an animal provides, staff may only ask the following two questions:

1. Is the dog a service animal required because of a disability; and
2. What work or task has the dog been trained to perform.

For more information about service animal standards and procedures, see Administrative Regulation 7521 - Service Animals.

As a general rule, all documents created or maintained by the District, including emails, are public. Additionally, if you conduct District business on your mobile device, even if you do not receive a mobile phone stipend from the District, that business is a public record and the information on your mobile device may be subject to a public records request, including your text messages.  It is important to remember this when drafting your emails and District related text messages.

A law enforcement or an agency investigating an allegation of abuse or neglect of a child may interview a child or the sibling of the suspected victim without the consent of or outside the presence of a parent, legal guardian, or person responsible for the welfare of a child.  Further, it is not the responsibility of the school administrator to receive consent from, or permit the presence of a parent, legal guardian, or person responsible for the welfare of a child. The law shifts that responsibility to the designated agency. For more information, see Administrative Regulation 5010 – OUTSIDE LAW ENFORCEMENT and OTHER GOVERNMENT AGENCIES: Questioning of Students and Release of Student Records.

Yes, in certain situations.  In copyright law, there is an educational use exception. The following must be present for the educational use exception to apply: 

• A teacher or instructor is present.
• The showing takes place in a classroom setting with only the enrolled students attending. (Thus, this does not include online instruction!)
• The movie is used as an essential part of the core, current curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus.)
• The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.

For more information regarding the use of copyrighted material, please see Volume 1, Issue 2 of the Office of the General Counsel Newsletter.

The decision to place a student with a disability on home instruction is made by the IEP team, not solely by a doctor, and not solely by the parent. Home instruction may be necessary for a student with a disability who is unable to attend school for medical or psychological reasons. However, home instruction is considered the most restrictive environment since the student does not have access to general education peers. Thus, home instruction is not appropriate for students with disabilities whose needs can be met in a less restrictive setting, and the fact that a parent submits a letter from a physician stating that a student requires home instruction does not preclude the IEP team from considering a less restrictive setting.

The U.S. Equal Employment Opportunity Commission (EEOC) defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.”^[1]

[1] https://www.eeoc.gov/laws/types/harassment.cfm