reglab/housing_qa huggingface dataset:
NE Code § 79-815 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-815 - Certificate; continuance in force; conversion privileges.

79-815.  Certificate; continuance in force; conversion privileges.Any regular Nebraska certificate, including any permanent or life certificate in force on January 1, 1964, shall remain in force for its regular term. Upon application by the holder of any such certificate, the board may authorize the conversion of such certificate to a similar certificate or permit issued by the commissioner under sections 79-806 to 79-815.Source   Laws 1963, c. 491, § 11, p. 1572;   Laws 1971, LB 292, § 21;   Laws 1988, LB 802, § 28;   R.S.1943, (1994), § 79-1247.13;   Laws 1996, LB 900, § 445;  Laws 2003, LB 685, § 16.
NE Code § 79-817 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-817 - Schools; contract of employment; writing required.

79-817.  Schools; contract of employment; writing required.A contract for the employment of a teacher or administrator for a public school in the State of Nebraska shall be in writing.Source   Laws 1943, c. 201, § 1, p. 672;   R.S.1943, § 79-2146;   Laws 1949, c. 256, § 348, p. 807;   Laws 1971, LB 802, § 6;   R.S.1943, (1994), § 79-1248;   Laws 1996, LB 900, § 447;  Laws 2001, LB 797, § 17.  Annotations  Teacher's contract must be in writing on form recommended by Commissioner of Education. Johnson v. School Dist. No. 3 of Clay County, 168 Neb. 547, 96 N.W.2d 623 (1959). Use of contract form recommended by Superintendent of Public Instruction prevented discharge by district board. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).
NE Code § 79-818 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-818 - School board; employment of teachers and administrators; contracts; how executed; prohibitions.

79-818.  School board; employment of teachers and administrators; contracts; how executed; prohibitions.A majority of the members of a school board of any school district may enter into a contract of employment with a legally qualified teacher or administrator. Such majority has authority to designate one or more members of the board to sign such contract, which signature shall be binding upon the entire board. A duplicate of such contract shall be filed with the secretary. No member of the board shall enter into or execute on behalf of the district any contract with any teacher or administrator related to him or her or to the majority of the board by blood or marriage notwithstanding section 49-1499.04. The secretary shall notify the State Department of Education, at the time the contract is made, of the length of the proposed term of school and the name of the teacher or administrator. No money belonging to the district shall be paid for teaching to any but legally qualified teachers, and a board shall not pay out money belonging to the school district to any teacher or administrator after such board has received a sworn statement upon behalf of a board that the services of the teacher or administrator in question are under previous contract to that board.Source   Laws 1881, c. 78, subdivision IV, § 11, p. 348;   Laws 1883, c. 72, § 7, p. 291;   Laws 1901, c. 60, § 1, p. 432;   R.S.1913, § 6773;   Laws 1915, c. 117, § 1, p. 267;   C.S.1922, § 6314;   C.S.1929, § 79-411;   Laws 1937, c. 182, § 1, p. 713;   C.S.Supp.,1941, § 79-411;   R.S.1943, § 79-411;   Laws 1949, c. 256, § 349, p. 807;   Laws 1971, LB 802, § 7;   R.S.1943, (1994), § 79-1249;   Laws 1996, LB 900, § 448;  Laws 1999, LB 272, § 88;  Laws 2001, LB 242, § 25.  Annotations  Power of district to employ a teacher and to transact business of the school district implies power to discharge for cause before expiration of term. Arehart v. School District No. 8 of Hitchcock County, 137 Neb. 369, 289 N.W. 540 (1940). Duty of employing teacher is vested in school board. Morfeld v. Huddin, 131 Neb. 180, 267 N.W. 350 (1936). Title to office cannot be determined in injunction suit. School Dist. No. 77 of Phelps County v. Cowgill, 76 Neb. 317, 107 N.W. 584 (1906). Without stipulation to contrary, teacher cannot be dismissed without cause. Wallace v. School Dist. No. 27 of Saline County, 50 Neb. 171, 69 N.W. 772 (1897). Contract is one of employment. Discretion of board cannot be controlled by writ of mandamus procured by voters of district. State ex rel. Lewellen v. Smith, 49 Neb. 755, 69 N.W. 114 (1896). Contract with teacher is binding though moderator was not consulted. Montgomery v. State ex rel. Thompson, 35 Neb. 655, 53 N.W. 568 (1892). Contract made by de facto officer binds district. School Dist. No. 25 of Hall County v. Cowee, 9 Neb. 53, 2 N.W. 235 (1879).
NE Code § 79-819 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-819 - Schools; contract of employment; contents.

79-819.  Schools; contract of employment; contents.A contract for employment of a teacher or administrator authorized under section 79-818 shall contain (1) a provision by which the employed person affirms that he or she holds or will hold, at the beginning of the term of the contract, a valid certificate properly registered with the school district and that he or she is not under contract with another school board of a school district in this state and (2) a provision that there shall be no penalty for release from the contract.Source   Laws 1943, c. 201, § 2, p. 672;   R.S.1943, § 79-2147;   Laws 1949, c. 256, § 350, p. 808;   Laws 1971, LB 802, § 8;   R.S.1943, (1994), § 79-1250;   Laws 1996, LB 900, § 449;  Laws 1999, LB 272, § 89.  Cross References  Certificate, registration, see section 79-804.Annotations Teacher must hold at beginning of term valid certificate registered in office of county superintendent. Johnson v. School Dist. No. 3 of Clay County, 168 Neb. 547, 96 N.W.2d 623 (1959).
NE Code § 79-820 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-820 - Schools; contract with employees of another district, prohibited; penalty.

79-820.  Schools; contract with employees of another district, prohibited; penalty.No school board or board of education in the State of Nebraska shall enter into a contract of employment with a teacher or administrator who is already under contract with another school board or board of education within this state covering a part or all of the same time of performance as the contract with such other board. No person under contract with any school board or board of education shall enter into such a contract of employment with another school board or board of education for part or all of the same time of performance as his or her contract with such other board. Upon the receipt of a sworn statement, made for or authorized by such other board, that a person employed by any board in such capacity is already under contract of employment with such other board for part or all of the same time of performance as such person is, has been, or will be so employed by the board, the board shall immediately cease payment of any salary to such teacher or administrator. Any member of a board of education or school board who knowingly violates any of the provisions of this section shall be individually and personally liable for any damages sustained by the other school district.Source   Laws 1943, c. 201, § 3, p. 672;   R.S.1943, § 79-2148;   Laws 1949, c. 256, § 351, p. 808;   Laws 1971, LB 802, § 9;   R.S.1943, (1994), § 79-1251;   Laws 1996, LB 900, § 450.
NE Code § 79-821 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-821 - Schools; violation of contract; notice; suspension of certificate.

79-821.  Schools; violation of contract; notice; suspension of certificate.Upon presentation of proof that any teacher, principal, supervisor, assistant superintendent, or superintendent has, without just cause, violated or abrogated his or her contract with a school district in the state, the State Board of Education shall suspend the certificate of such teacher, principal, supervisor, assistant superintendent, or superintendent for a period of not more than one calendar year after a hearing has been held at a time and place fixed by the board and of which notice has been given to the person whose certificate is sought to be suspended by either registered or certified mail at least ten days prior to the hearing.Source   Laws 1943, c. 201, § 4, p. 673;   R.S.1943, § 79-2149;   Laws 1949, c. 256, § 352, p. 809;   Laws 1957, c. 242, § 58, p. 865;   Laws 1992, LB 1001, § 28;   R.S.1943, (1994), § 79-1252;   Laws 1996, LB 900, § 451.  Annotations  Proceeding to suspend teacher's certificate becomes moot on appeal when period of suspension has elapsed. Henderson v. School Dist. of Scottsbluff, 184 Neb. 858, 173 N.W.2d 32 (1969). Authority to revoke certificate is vested in State Board of Education. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).
NE Code § 79-822 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-822 - Administrators; employment; salary; contract; term.

79-822.  Administrators; employment; salary; contract; term.At any regular meeting, a school board or board of education may elect for employment such administrators as the board may deem necessary for the proper conduct of the affairs of the school district at such salaries as the board may deem reasonable. It may contract with such administrators for terms not to exceed three years. No person shall be declared elected unless he or she receives the vote of a majority of all the members of the board. The contract of employment shall be reduced to writing.Source   Laws 1971, LB 802, § 11;   R.S.1943, (1994), § 79-1254.01;   Laws 1996, LB 900, § 452.
NE Code § 79-825 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-825 - Part-time certificated employee; become permanent employee; formula; reduction in force; effect.

79-825.  Part-time certificated employee; become permanent employee; formula; reduction in force; effect.(1) Part-time certificated employees shall become permanent certificated employees based upon the following formula:(a) For certificated employees employed four-fifths time or more, each such year of employment shall count as a full successive school year; and(b) For certificated employees employed one-half time or more but less than four-fifths time, each such year of employment shall be credited against the three-year requirement for acquiring permanent certificated employee status in an amount proportionate to the term of such employment for each year. Such certificated employees shall become eligible for permanent certificated status at the beginning of the school year next succeeding the year in which they attain the proportionate amount of time.(2) Any certificated employee who achieves permanent certificated employee status shall not lose such permanent certificated employee status because of reduction in force resulting in a contract amendment which would reduce such certificated employee to any part-time employment position.Source   Laws 1982, LB 259, § 2;   Laws 1991, LB 166, § 2;   R.S.1943, (1994), § 79-12,108;   Laws 1996, LB 900, § 455.  Cross References  Reduction-in-force policy, see sections 79-846 to 79-849.Annotations Subsection (1)(b) of this section (formerly subsection (1)(b) of section 79-12,108) allows a teacher's pre-1991 service to be counted toward his or her permanent status. Nickel v. Saline Cty. Sch. Dist. No. 163, 251 Neb. 762, 559 N.W.2d 480 (1997).
NE Code § 79-826 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-826 - Certificated employee; disciplinary action; superintendent; powers; procedures.

79-826.  Certificated employee; disciplinary action; superintendent; powers; procedures.The superintendent or the superintendent's designee may take action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes, including: (1) Counseling; (2) oral reprimand; (3) written reprimand; and (4) suspension without pay for not to exceed thirty working days.Prior to taking any action under subdivision (3) of this section, the certificated employee shall be advised of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. The certificated employee may proceed under the school district's grievance procedure if the school district has such a grievance procedure which provides for a review of such action or may, within seven calendar days after the superintendent or superintendent's designee takes such action, challenge the decision through the administrative chain of command.Prior to taking any action under subdivision (4) of this section, the certificated employee shall be advised in writing of the alleged reasons for the proposed action and provided the opportunity to present the certificated employee's version of the facts. Within seven calendar days after receipt of such notice, the certificated employee may make a written request to the secretary of the school board or the superintendent or superintendent's designee for formal due process hearing under section 79-832. If such a request is not delivered within such time, the action of the superintendent or the superintendent's designee shall become final.Source   Laws 1982, LB 259, § 3;   R.S.1943, (1994), § 79-12,109;   Laws 1996, LB 900, § 456.  Annotations For purposes of bringing error proceedings, this statute does not require a school board to act in a judicial manner when administering pay scale grievances. Kropp v. Grand Island Pub. Sch. Dist. No. 2, 246 Neb. 138, 517 N.W.2d 113 (1994).
NE Code § 79-829 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-829 - Permanent certificated employee; contract amendment or termination; reasons.

79-829.  Permanent certificated employee; contract amendment or termination; reasons.The contract of a permanent certificated employee shall be deemed continuing and shall be renewed and remain in full force and effect unless amended or terminated in accordance with the provisions of sections 79-824 to 79-842. The school board by a vote of the majority of its members may determine that such permanent certificated employee's contract shall be amended or terminated for any of the following reasons: (1) Just cause as defined in section 79-824; (2) reduction in force as set forth in sections 79-846 to 79-849, or change of leave-of-absence policies; (3) failure of the certificated employee upon written request of the school board or the administrators of the school district to accept employment for the next school year within the time designated in the request, except that the certificated employee shall not be required to signify such acceptance prior to March 15 of each year; or (4) revocation or suspension by the State Board of Education of the certificate of a certificated employee whose duties require such a certificate.Source   Laws 1982, LB 259, § 6;   R.S.1943, (1994), § 79-12,112;   Laws 1996, LB 900, § 459;  Laws 2003, LB 685, § 18.  Annotations  Although this section does not specifically define the phrase "reduction in force" as used in the teacher tenure statutes, it involves terminating a teacher's contract due to a surplus of staff. Miller v. School Dist. No. 18-0011 of Clay Cty., 278 Neb. 1018, 775 N.W.2d 413 (2009). The intent of the tenured teacher statutes is to guarantee a tenured, or permanent certificated, teacher continued employment except where specific statutory grounds for termination of the teacher's contract are demonstrated. Miller v. School Dist. No. 18-0011 of Clay Cty., 278 Neb. 1018, 775 N.W.2d 413 (2009). Pursuant to former sections 79-12,107 to 79-12,121 and sections 79-1254.02 to 79-1254.08, the Legislature has attenuated a school board's discretion to pare its staff in the face of reduced needs and has imposed specific procedures for achieving a reduction in force. Nickel v. Saline Cty. Sch. Dist. No. 163, 251 Neb. 762, 559 N.W.2d 480 (1997).
NE Code § 79-830 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-830 - Permanent certificated employee; evidence of professional growth required.

79-830.  Permanent certificated employee; evidence of professional growth required.Every six years permanent certificated employees shall give evidence of professional growth. Six semester hours of college credit shall be accepted as evidence of professional growth or, in the alternative, such other activities as are approved by the school board, which may include, but are not limited to, educational travel, professional publications, or work on educational committees.Source   Laws 1982, LB 259, § 7;   R.S.1943, (1994), § 79-12,113;   Laws 1996, LB 900, § 460.
NE Code § 79-831 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-831 - Certificated employee; contract amendment, termination, nonrenewal, or cancellation; notice; hearing.

79-831.  Certificated employee; contract amendment, termination, nonrenewal, or cancellation; notice; hearing.Any probationary or permanent certificated employee whose contract of employment may be amended, terminated, or not renewed for the next school year shall be notified in writing on or before April 15 of each year of such possible action on the contract. If the certificated employee wishes a hearing, a written request shall be sent to the secretary of the school board or the superintendent of schools or the superintendent's designee within seven calendar days after receipt of the written notice. Unless (1) continued by written agreement between the parties or their representatives as provided in this section or (2) a hearing officer is utilized as provided in sections 79-840 to 79-842, final action by the school board must be taken on or before May 15 of each year. If a hearing on amendment, nonrenewal, cancellation, or termination is not requested within the time provided for in sections 79-824 to 79-842, the school board shall make a final determination. With regard to all hearings provided for under such sections, either formal due process hearings or informal hearings, the certificated employee shall be advised in writing at least five days prior to the date of hearing of the date, time, and place of the hearing. Except as provided in section 79-840, all such hearings shall be held within thirty days of the date of the request for hearing. The parties or their representatives by mutual agreement, confirmed in writing, may extend the times for hearings or final determinations by the board under sections 79-824 to 79-842.Source   Laws 1982, LB 259, § 8;   Laws 1993, LB 177, § 1;   R.S.1943, (1994), § 79-12,114;   Laws 1996, LB 900, § 461.  Annotations  The requirements for termination of a probationary employee of a school district authorize a more informal proceeding, but require notice of hearing, opportunity to appear in person or by representative, opportunity to offer evidence, and an open session in the event of a termination. Brennan v. School Dist. No. 21 of Holt County, 235 Neb. 948, 458 N.W.2d 227 (1990). If an employee who is given notice of possible cancellation of his or her contract does not request a hearing within 7 calendar days, a school board has no duty to provide a hearing. Schiefelbein v. School Dist. No. 0013, 17 Neb. App. 80, 758 N.W.2d 645 (2008).
NE Code § 79-832 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-832 - Formal due process hearing; employee's rights; how conducted; school board decision.

79-832.  Formal due process hearing; employee's rights; how conducted; school board decision.(1) A formal due process hearing for the purposes of sections 79-827 and 79-829 means a hearing procedure adopted by the school board which contains at least the following: (a) Notification to the certificated employee in writing at least five days prior to the hearing of the grounds alleged for action, cancellation, termination, or nonrenewal of the teacher's contract; (b) upon request of the certificated employee a notification, at least five days prior to the hearing, of the names of any witnesses who will be called to testify against the certificated employee and an opportunity to examine any documents that will be presented at the hearing; (c) the right to be represented; and (d) an opportunity to cross-examine all witnesses and to examine all documents and to present evidence material to the issues.(2) Due and proper notice of the hearing shall be given in accordance with the Open Meetings Act. Upon an affirmative vote of a majority of the school board's members present and voting and upon specific request of the certificated employee or the certificated employee's representative, the hearing shall be conducted in a closed session, but the formal action of the school board shall be taken in open session.(3) A majority of the members of the school board shall render the decision to amend, cancel, terminate, or not renew a certificated employee's contract, based solely upon the evidence produced at the hearing, shall reduce its findings and determinations to writing, and shall deliver a written copy thereof to the certificated employee.Source   Laws 1982, LB 259, § 9;   R.S.1943, (1994), § 79-12,115;   Laws 1996, LB 900, § 462;  Laws 2004, LB 821, § 29.  Cross References  Open Meetings Act, see section 84-1407.Annotations  An employee is not entitled to a summary of the nature of the testimony of the witnesses against him or her. Johanson v. Board of Ed. of Lincoln Cty. School Dist. No. 1, 256 Neb. 239, 589 N.W.2d 815 (1999). The notice of cancellation required by section 79-827 is fulfilled, even where the notice incorrectly states that any hearing will be an informal due process hearing pursuant to section 79-834, if the notice states that all the formal due process hearing protections contained in this section will be provided. Schiefelbein v. School Dist. No. 0013, 17 Neb. App. 80, 758 N.W.2d 645 (2008).
NE Code § 79-833 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-833 - Error proceedings; jurisdiction of court.

79-833.  Error proceedings; jurisdiction of court.In error proceedings to reverse, vacate, or modify a final order by a school board made pursuant to sections 79-824 to 79-842, the school district, school board, or both may be named as defendants in error in the proceedings. The proceedings shall not be defeated and the court shall not be deprived of subject matter jurisdiction because the petitioner named the school board rather than the school district or the school district rather than the school board as the defendant in error.This section shall apply to all error proceedings pending in the district court or the Supreme Court on June 11, 1991, and to error proceedings commenced after such date.Source   Laws 1991, LB 511, § 60;   Laws 1992, LB 245, § 65;   R.S.1943, (1994), § 79-12,115.01;   Laws 1996, LB 900, § 463.