reglab/housing_qa huggingface dataset:
NE Code § 79-852 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-852 - Collective-bargaining agreement; continued; effect.

79-852.  Collective-bargaining agreement; continued; effect.The collective-bargaining agreement of the school district or districts forming the unified system or reorganized school district with the largest number of teacher employees shall continue in full force and effect and govern all teachers in the unified system or reorganized school district until replaced by a successor agreement, and the teachers employed by the unified system or reorganized school district and previously employed by the school districts involved in the formation of the unified system or reorganized school district shall automatically be included in that bargaining unit but no certificated public school employee shall be compelled to join any organization or association. If only one collective-bargaining agreement is in effect in the school districts which are a part of the unification or reorganization, that collective-bargaining agreement shall continue in full force and effect until replaced by a successor agreement and the teachers employed by the other school districts involved in the unification or reorganization shall automatically be included in that bargaining unit. For purposes of the Industrial Relations Act, the unified system shall be deemed a public employer as defined in section 48-801.Source   Laws 1980, LB 844, § 3;   R.S.1943, (1994), § 79-12,106;   Laws 1996, LB 900, § 482;   Laws 1998, LB 1219, § 3;  Laws 2011, LB397, § 17. Cross References  Industrial Relations Act, see section 48-801.01.
NE Code § 79-853 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-853 - City of second class or village; merger with city of primary or metropolitan class; rights of teachers and employees preserved.

79-853.  City of second class or village; merger with city of primary or metropolitan class; rights of teachers and employees preserved.A consolidation under sections 79-468 and 79-469 shall not affect the rights of the principals, teachers, janitors, and employees of any of the districts merged under such sections. They shall continue in the employ of the school district into which their former districts are merged. In determining their status, salaries, and other rights, their previous service with the merged district employing them at the time of the merger shall be counted as if they had been originally employed by the consolidated district.Source   Laws 1917, c. 225, § 27, p. 557;   C.S.1922, § 6636;   C.S.1929, § 79-2627;   R.S.1943, § 79-2630;   Laws 1949, c. 256, § 222, p. 764;   R.S.1943, (1994), § 79-535;   Laws 1996, LB 900, § 483.
NE Code § 79-854 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-854 - Reduction in force; Retirement Incentive Plan; Staff Development Assistance; continued employment; notification; limitation.

79-854.  Reduction in force; Retirement Incentive Plan; Staff Development Assistance; continued employment; notification; limitation.(1) If the unification or reorganization of two or more school districts will involve a reduction in force, all certificated employees from the district or districts involved in the unification or reorganization shall have, except as limited by subsection (2) of this section, the option to: (a) Retire under the Retirement Incentive Plan pursuant to section 79-855; (b) terminate employment and receive Staff Development Assistance pursuant to section 79-856; or (c) remain employed by the district subject to personnel policies and staffing requirements of the unified system or reorganized district or districts. Each certificated employee shall be notified in writing of the proposed unification or reorganization, the number of employees which will be reduced, and the availability of the Retirement Incentive Plan and Staff Development Assistance prior to such unification or reorganization. If the unification or reorganization will involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made by March 15 of the school year in effect. If the unification or reorganization will not involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made at least thirty calendar days prior to the effective date of the unification or reorganization but in no event later than March 15 of the calendar year in which action on the reduction in force will occur. The employee election to retire under the Retirement Incentive Plan or to terminate employment and receive Staff Development Assistance shall be made within fifteen calendar days after receiving the notification, or those options are waived.(2) For each unification or reorganization, the number of certificated employees which receive either the Retirement Incentive Plan or Staff Development Assistance shall be limited to the number of certificated employees which are reduced due to the unification or reorganization. If the number of employees electing participation in the Retirement Incentive Plan or Staff Development Assistance exceed the number of employees which will be reduced, selection for participation shall be determined by the date and time of receipt of the employee election. Employee elections which are received first shall be selected, and all certificated employees in all districts involved in the unification or reorganization shall be treated equally in determining such selection.Source   Laws 1996, LB 1050, § 33;   Laws 1998, LB 1219, § 4.  Cross References  Reduction-in-force policy, see sections 79-846 to 79-849.
NE Code § 79-855 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-855 - Retirement Incentive Plan; eligibility; benefit; costs; allocation.

79-855.  Retirement Incentive Plan; eligibility; benefit; costs; allocation.(1) Except as limited by subsection (2) of section 79-854, all certificated employees from a district involved in a unification or reorganization who are at least fifty-five years of age on the date of unification or reorganization shall be eligible to participate in the Retirement Incentive Plan pursuant to this section if, within fifteen calendar days after receiving notification, the employee signs an agreement to retire effective on or prior to the effective date of the unification or reorganization. To receive a benefit under the Retirement Incentive Plan, a certificated employee must have completed five years of creditable service prior to the effective date of retirement.(2) A qualified certificated employee who elects retirement under the Retirement Incentive Plan shall receive a benefit in the form of a lump-sum amount, payable in one or two payments. Such payments shall not be included in the determination of final average compensation pursuant to the School Employees Retirement Act. The payments to the certificated employee shall equal seven hundred dollars for each year of service with the district and shall not exceed twenty-four thousand five hundred dollars for each certificated employee receiving benefits under this section.(3) The Retirement Incentive Plan shall be available to employees only prior to allocation of staff pursuant to section 79-857.(4) Costs of the Retirement Incentive Plan, prior to the allocation of staff, shall be allocated among the reorganized districts or participating districts in a unification based upon the proportion of valuation each reorganized district receives or each participating district contains. Such costs shall not be included in general fund operating expenditures as defined in section 79-1003 for that fiscal year. Costs associated with agreements beyond the scope of the Retirement Incentive Plan shall be the sole responsibility of the reorganized district or unified system involved in the agreement.(5) Payments made to employees pursuant to the Retirement Incentive Plan shall be made by the unified system or according to the reorganization plan and, if not specified in the plan, by the reorganized district receiving the largest valuation.(6) Participation in an early retirement program, other than the Retirement Incentive Plan, shall not be available to transferring staff for a period of one year after the date of unification or reorganization.Source   Laws 1996, LB 1050, § 34;   Laws 1998, LB 1219, § 5.  Cross References  School Employees Retirement Act, see section 79-901.
NE Code § 79-856 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-856 - Staff Development Assistance; eligibility; agreement; contents; costs; allocation.

79-856.  Staff Development Assistance; eligibility; agreement; contents; costs; allocation.(1) Except as limited by subsection (2) of section 79-854, all certificated employees from a district involved in a unification or reorganization who, within fifteen calendar days after receiving notification of the availability of Staff Development Assistance pursuant to section 79-854, terminate employment voluntarily, contract to waive any reduction-in-force rights pursuant to sections 79-846 to 79-849, and sign a Staff Development Assistance agreement, shall receive one year of Staff Development Assistance. Staff Development Assistance shall be available to employees only prior to allocation of staff pursuant to section 79-857.(2) Staff Development Assistance shall not be included in the determination of final average compensation pursuant to the School Employees Retirement Act.(3) The Staff Development Assistance agreement shall specify that:(a) A stipend equal to fifty percent of annual salary shall be contingent upon enrollment and attendance at a Nebraska state college or the University of Nebraska; or a stipend equal to twenty-five percent of annual salary shall be provided if not enrolled nor in attendance at a Nebraska state college or the University of Nebraska;(b) The stipend will cease upon attainment of employment of twenty or more hours per week;(c) The stipend will be paid in the same manner as contract payments for the most recent contract year;(d) Tuition for two semesters, if applicable, will be paid directly to the Nebraska state college or the University of Nebraska and shall equal resident tuition charges plus fees of such school and will not include costs of books or other instructional materials; and(e) All reduction-in-force rights pursuant to sections 79-846 to 79-849 are waived by signing the agreement.(4) Costs of Staff Development Assistance, prior to the allocation of staff, shall be allocated among the reorganized districts or participating districts in a unification based upon the proportion of valuation each reorganized district receives or each participating district contains. Such costs shall not be included in general fund operating expenditures as defined in section 79-1003 for that fiscal year. Costs associated with agreements beyond the scope of Staff Development Assistance shall be the sole responsibility of the reorganized district involved in the agreement.(5) Payments made to employees pursuant to Staff Development Assistance shall be made by the unified system or according to the reorganization plan and, if not specified in the plan, by the reorganized district receiving the largest valuation.Source   Laws 1996, LB 1050, § 35;   Laws 1998, LB 1219, § 6.  Cross References  School Employees Retirement Act, see section 79-901.
NE Code § 79-857 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-857 - Allocation of certificated employees; procedure.

79-857.  Allocation of certificated employees; procedure.(1) For reorganizations involving consolidation of school districts into one or more reorganized districts, staff not electing retirement pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be allocated prior to the effective date of reorganization as follows:(a) All districts involved may enter into an agreement on the allocation of all certificated employees to one or more of the reorganized districts. No certificated employee shall be allocated to more than one district. Such agreement shall be signed by all the districts involved;(b) All certificated employees from the district or districts who have not been allocated pursuant to subdivision (1)(a) of this section shall be totaled and allocated among the reorganized districts based upon the proportion of students transferring to the reorganized district;(c) All certificated employees from the district shall be treated equally in the allocation regardless of seniority. Staff shall not be given the option to choose the reorganized district in which to relocate. Random selection shall be utilized to allocate individual employees among all reorganized districts; and(d) Once the selection and allocation is completed, employees from the district or districts shall retain years of service from the previous district for purposes of seniority. Within each reorganized district, employees from the receiving district shall not have priority over transferring employees. All reduction-in-force laws and policies shall apply.(2) For unifications, staff not electing retirement pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be allocated prior to the effective date of the unification in compliance with an agreement signed by all participating districts. Once the selection and allocation is completed, employees shall retain years of service from the participating district for purposes of seniority. All reduction-in-force laws and policies shall apply.Source   Laws 1996, LB 1050, § 36;   Laws 1998, LB 1219, § 7;  Laws 2005, LB 126, § 44;   Referendum 2006, No. 422. Cross References  Reduction-in-force policy, see sections 79-846 to 79-849.
NE Code § 79-858 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-858 - Other agreements; responsibility.

79-858.  Other agreements; responsibility.Any agreements other than the Retirement Incentive Plan pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be the sole responsibility of the unified system or reorganized district.Source   Laws 1996, LB 1050, § 37;   Laws 1998, LB 1219, § 8.
NE Code § 79-859 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-859 - Professional Practices Commission; declaration.

79-859.  Professional Practices Commission; declaration.The Legislature declares teaching in public schools in this state and the related services, including administrative and supervisory services, to be a profession, with all of the rights, responsibilities, and privileges accorded other recognized professions.Source   Laws 1967, c. 549, § 1, p. 1813;   R.S.1943, (1994), § 79-1280;   Laws 1996, LB 900, § 484.
NE Code § 79-860 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-860 - Terms, defined.

79-860.  Terms, defined.For purposes of sections 79-859 to 79-871:(1) Commission means the Professional Practices Commission;(2) Board means the State Board of Education; and(3) Commissioner means the Commissioner of Education.Source   Laws 1993, LB 348, § 30;   R.S.1943, (1994), § 79-1280.01;   Laws 1996, LB 900, § 485.
NE Code § 79-861 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-861 - Professional Practices Commission; members; appointment; qualifications; terms; compensation; expenses; meetings; chairperson; quorum.

79-861.  Professional Practices Commission; members; appointment; qualifications; terms; compensation; expenses; meetings; chairperson; quorum.(1) The Governor shall appoint a Professional Practices Commission of twelve members nominated by the teaching profession and existing teachers professional organizations. Members shall be representative of elementary classroom teachers, secondary classroom teachers, school administrators, and postsecondary education. Members shall be appointed for staggered terms of three years. No member may succeed himself or herself more than once. Members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. Compensation of members who are public employees shall not be reduced by the agency or body by which they are regularly employed for any absence from service occasioned by attendance upon the business of the commission or any panel, committee, or subcommittee of the commission. Each school district which employs a member of the commission and which is required to employ a person to replace such member during his or her attendance at meetings of the commission or any panel, committee, or subcommittee of the commission shall be reimbursed from the Professional Practices Commission Fund for the expense the district incurs from employing a replacement.(2) The members of the commission shall elect a chairperson pursuant to the working rules of the commission. The chairperson shall call meetings of the commission, preside at all meetings of the commission en banc, assign the work of the commission to the members, and perform such other supervisory duties as required.(3) A majority of the commission members shall constitute a quorum to transact business. A hearing panel of not less than seven commission members shall hear cases brought before the commission. Members of the hearing panel shall be assigned on a rotating basis. For purposes of hearings, the act or decision of a majority of the commission members sitting on the hearing panel shall in all cases be deemed the final act or decision of the commission.Source   Laws 1967, c. 549, § 2, p. 1813;   Laws 1973, LB 321, § 1;   Laws 1977, LB 540, § 2;   Laws 1981, LB 204, § 158;   Laws 1993, LB 348, § 31;   R.S.1943, (1994), § 79-1281;   Laws 1996, LB 900, § 486;  Laws 2020, LB381, § 92.
NE Code § 79-862 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-862 - Commission; clerk; duties; additional personnel.

79-862.  Commission; clerk; duties; additional personnel.The commission shall, with the advice and consent of the Governor, appoint a clerk of the commission who shall hold office at the pleasure of the commission. The clerk shall, under the direction of the chairperson of the commission, keep a complete and accurate record of the proceedings of the commission, record all pleadings and other papers filed with the commission, issue all necessary notices and writs, superintend the business of the commission, and perform such other duties as the commission directs. The clerk shall not be a member of the commission and shall not participate in hearings before the commission except to schedule and make other arrangements for the conduct of hearings.The commission may also appoint or retain such other persons as it may deem necessary for the performance of its functions and shall prescribe their duties, fix their compensation, and provide for reimbursement of their expenses as provided in sections 81-1174 and 81-1177 within the amounts available in the budget of the commission.Source   Laws 1969, c. 731, § 5, p. 2767;   Laws 1981, LB 204, § 159;   Laws 1993, LB 348, § 32;   Laws 1994, LB 1310, § 11;   R.S.1943, (1994), § 79-1281.01;   Laws 1996, LB 900, § 487.
NE Code § 79-863 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-863 - Commission; clerk; salary; expenses.

79-863.  Commission; clerk; salary; expenses.The clerk of the commission shall receive such salary as the commission with the approval of the Governor determines. Such salary shall be payable in the same manner as the salaries of other state employees, and the clerk shall be reimbursed for expenses incurred in the performance of his or her duties as provided in sections 81-1174 to 81-1177.Source   Laws 1993, LB 348, § 33;   R.S.1943, (1994), § 79-1281.02;   Laws 1996, LB 900, § 488;  Laws 2020, LB381, § 93.
NE Code § 79-864 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-864 - Commission; court reporter; duties; how paid.

79-864.  Commission; court reporter; duties; how paid.The commission shall appoint a certified court reporter to report and transcribe all testimony given in hearings and trials before the commission. The reporter shall be paid from the budget of the commission.Source   Laws 1993, LB 348, § 34;   R.S.1943, (1994), § 79-1281.03;   Laws 1996, LB 900, § 489.
NE Code § 79-865 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-865 - Commission; legal counsel; duties.

79-865.  Commission; legal counsel; duties.The commission may, on a case-by-case basis, retain legal counsel to sit with any hearing panel of the commission during hearings to advise the hearing panel on questions of law.Source   Laws 1993, LB 348, § 35;   R.S.1943, (1994), § 79-1281.04;   Laws 1996, LB 900, § 490.
NE Code § 79-866 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-866 - Board; powers and duties.

79-866.  Board; powers and duties.(1) The board shall adopt and promulgate rules and regulations establishing standards of professional practices for teachers and administrators holding certificates in areas including, but not limited to: (a) Ethical and professional performance; (b) competency; (c) continuance in professional service; and (d) contractual obligations. The board shall receive the advice and counsel of the commission in the adoption of such standards as the standards apply to the holders of public school certificates.(2) The board may, for just cause, revoke or suspend any teacher's or administrator's certificate.Violation of the standards established pursuant to this section, commission of an immoral act, or conviction of a felony under the laws of this state shall constitute just cause for the revocation or suspension of a teacher's or administrator's certificate by the board. The revocation or suspension of a certificate shall terminate the employment of such teacher or administrator. The board shall immediately notify the secretary or the school board or board of education of the school district where such teacher or administrator is employed of such revocation or suspension, shall notify the teacher or administrator of such revocation or suspension, and shall record the action in the matter in the books or records of the State Board of Education.Source   Laws 1967, c. 549, § 3, p. 1813;   Laws 1969, c. 731, § 1, p. 2766;   Laws 1971, LB 103, § 1;   Laws 1984, LB 994, § 12;   Laws 1989, LB 575, § 1;   Laws 1993, LB 348, § 36;   R.S.1943, (1994), § 79-1282;   Laws 1996, LB 900, § 491.  Annotations  A violation of the competency standards of the Professional Practices Commission is not, in itself, grounds for terminating the contract of a tenured teacher unless they constitute just cause within the meaning of former section 79-1254. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982). The competency standards of the Professional Practices Commission are not designed for use by a school board, and in the absence of evidence that the school board has adopted those standards as their own, the school board may not terminate a tenured teacher's contract because of a violation of those standards unless the termination is the result of investigation conducted under former section 79-1282. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982).