reglab/housing_qa huggingface dataset:
NE Code § 79-834 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-834 - Informal hearing; when held; procedures.

79-834.  Informal hearing; when held; procedures.Hearings involving the question of the nonrenewal of a probationary certificated employee's contract or the nonrenewal of a superintendent shall not be due process hearings and shall not be required to meet the requirements of section 79-832 but shall be informal hearings at which the probationary certificated employee or superintendent, or his or her representative, shall be afforded the opportunity to discuss and explain his or her position with regard to continued employment, to present information, and to ask questions of those appearing on behalf of the school district. Such hearings shall be held in closed session at the request of the certificated employee or superintendent, or his or her representative, and upon affirmative vote of a majority of the school board members present and voting, but the formal action of the school board for nonrenewal shall be in open session.Source   Laws 1982, LB 259, § 10;   Laws 1993, LB 177, § 2;   R.S.1943, (1994), § 79-12,116;   Laws 1996, LB 900, § 464.  Annotations  Neither this section nor any other statute dealing specifically with the subject of a school district's nonrenewal of a probationary employee's contract requires that a school board deliberate in open session following an open hearing. McQuinn v. Douglas Cty. Sch. Dist. No. 66, 259 Neb. 720, 612 N.W.2d 198 (2000). 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). The termination of the contract of a probationary teacher requires only the affirmative vote of a majority of a quorum of the school board. Jeter v. Board of Education, 231 Neb. 80, 435 N.W.2d 170 (1989). 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 this section, if the notice states that all the formal due process hearing protections contained in section 79-832 will be provided. Schiefelbein v. School Dist. No. 0013, 17 Neb. App. 80, 758 N.W.2d 645 (2008).
NE Code § 79-835 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-835 - Probationary certificated employee; superintendent; school board; special procedures applicable.

79-835.  Probationary certificated employee; superintendent; school board; special procedures applicable.The hearing for a probationary certificated employee, except a superintendent, provided in section 79-834, may be held before a committee of the school board consisting of not less than three of the board's total members. Notice of such a hearing shall be sent to all board members five days prior to such hearing. If a hearing is held before such a committee, the majority opinion of the committee shall constitute a recommendation to the school board with the final determination being made by a majority vote of the members of the school board without additional hearing. The hearing for a superintendent provided in such section shall not be held before a committee of the school board. Notice shall be given to all parties at least five days prior to such a hearing. A vote of the majority of the members of the school board shall determine final action relative to the contract of the superintendent.Source   Laws 1982, LB 259, § 11;   Laws 1993, LB 177, § 3;   R.S.1943, (1994), § 79-12,117;   Laws 1996, LB 900, § 465.
NE Code § 79-836 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-836 - School board; additional sanctions authorized; when.

79-836.  School board; additional sanctions authorized; when.(1) After providing the opportunity for a hearing on cancellation, termination, or nonrenewal as provided for in sections 79-828, 79-829, and 79-832, and except when reduction in force is the reason given for possible termination, and when just cause can be shown, the school board may impose such other sanctions, other than termination, cancellation, or nonrenewal of the contract, as may be agreed upon by the parties.(2) The fact that action has been taken under this section in the past may be taken into consideration in determining appropriate action in future hearings with regard to the certificated employee for a period of five years following the date of such action.Source   Laws 1982, LB 259, § 12;   R.S.1943, (1994), § 79-12,118;   Laws 1996, LB 900, § 466.  Cross References  Reduction-in-force policy, see sections 79-846 to 79-849.
NE Code § 79-837 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-837 - School board; subpoena power.

79-837.  School board; subpoena power.The school board may on its own behalf, or shall upon the request of the certificated employee or his or her representative or at the request of the school district administration or the superintendent or the superintendent's designee, (1) subpoena and compel the attendance of witnesses residing either within or outside the state for the purpose of appearing and testifying at any hearing provided for in sections 79-824 to 79-842 and for the purpose of having such witnesses' depositions taken, in the manner prescribed by law for the taking of depositions in civil actions in the district court, and (2) issue subpoenas for the production of any papers, books, accounts, and documents.Source   Laws 1982, LB 259, § 13;   R.S.1943, (1994), § 79-12,119;   Laws 1996, LB 900, § 467.  Cross References  Deposition, civil procedure, see section 25-1242.
NE Code § 79-838 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-838 - School board; grant leave of absence; procedures; rights.

79-838.  School board; grant leave of absence; procedures; rights.Any school board, upon written request, may grant a leave of absence to a permanent certificated employee for such reasons as the school board deems appropriate, including, but not limited to, study, military service, or professional improvement or because of physical disability or sickness, or as otherwise required by law, subject to such rules and regulations governing leaves of absence as may be adopted by the school board. A school board may require a permanent certificated employee, because of physical disability or sickness, to take a leave of absence for a period not exceeding one year. In any such case, the procedure to be followed and the rights of the permanent certificated employee shall be the same as those prescribed in sections 79-824 to 79-842 for termination of a permanent certificated employee.Source   Laws 1982, LB 259, § 14;   R.S.1943, (1994), § 79-12,120;   Laws 1996, LB 900, § 468.
NE Code § 79-839 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-839 - Certificated employees; assignment rights.

79-839.  Certificated employees; assignment rights.Sections 79-824 to 79-842 do not provide any certificated employee a right to a specific assignment so long as such certificated employee is assigned to duties for which he or she is qualified by reason of certification, endorsement, or college preparation.Source   Laws 1982, LB 259, § 15;   R.S.1943, (1994), § 79-12,121;   Laws 1996, LB 900, § 469.
NE Code § 79-840 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-840 - Class IV or Class V school district; hearing officer; use authorized.

79-840.  Class IV or Class V school district; hearing officer; use authorized.Any school board of a Class IV or Class V school district or certificated employee thereof may require that hearings held pursuant to sections 79-824 to 79-839 and such other hearings as designated by the school board be conducted by a hearing officer as specified in sections 79-841 and 79-842. If a hearing is held before such a hearing officer, the requirements of section 79-831 that final action must be taken by the school board on or before May 15 of each year and that a hearing must be held within thirty days of the date of the request for a hearing shall not apply.Source   Laws 1993, LB 177, § 4;   R.S.1943, (1994), § 79-12,121.01;   Laws 1996, LB 900, § 470.
NE Code § 79-841 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-841 - Class IV or V school district; hearing officer; selection.

79-841.  Class IV or V school district; hearing officer; selection.If the school board of a Class IV or V school district or certificated employee thereof determines that a hearing shall be conducted by a hearing officer, the parties to the hearing or their representatives shall select a hearing officer. Any person selected as a hearing officer pursuant to this section shall be an attorney admitted to practice in Nebraska and shall be knowledgeable in the rules of civil procedure and evidence applicable to the district courts. If the parties cannot agree on the selection of a hearing officer within seven days after the filing of the request for a hearing, the secretary of the school board shall immediately request a list of hearing officers from the State Department of Education. The department shall at all times maintain a list of at least five qualified hearing officers and shall provide a copy of the list within five days after receipt of a written request from the secretary of a school board. The parties or their representatives shall select the hearing officer by alternately removing a name from the list until only one name remains. The person whose name remains shall be the hearing officer. The parties shall determine by lot which party shall remove the first name from the list. Such selection shall be completed within seven days after the receipt of the list from the department. The secretary of the school board shall inform the department of the name of the hearing officer selected.Source   Laws 1993, LB 177, § 5;   R.S.1943, (1994), § 79-12,121.02;   Laws 1996, LB 900, § 471.
NE Code § 79-842 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-842 - Class IV or V school district; hearing officer; procedure; costs.

79-842.  Class IV or V school district; hearing officer; procedure; costs.The hearing officer selected pursuant to section 79-841 shall conduct the hearing referred to in section 79-840, hear and receive evidence, and make recommended findings of fact and conclusions of law. The hearing shall be held in private if the employee so requests, and if the employee does not so request the hearing shall be conducted in public. Within thirty days following the hearing, the hearing officer shall transmit to the school board the original or a certified copy of the record of the hearing which shall include the transcribed testimony from the hearing and the recommended findings of fact and conclusions of law. The certified record filed by the hearing officer shall be the record upon which the school board shall make its decision, and no additional evidence shall be heard by the school board. The school board shall give each party an opportunity for oral argument and briefing prior to making its decision. If a hearing is requested, no one shall contact or be contacted by the school board or individual school board members regarding the subject matter of the hearing in order to obtain or provide information to be considered in making the decision or in an attempt to persuade the school board regarding the decision to be made, except that the school board may receive advice and counsel from an attorney hired to represent the school board in making the decision. In making its decision, the school board shall give weight to the findings of fact of the hearing officer but shall not be bound by them. The school board shall make its decision within twenty days after receipt of the record from the hearing officer. All expenses and fees of the hearing officer in connection with the hearing shall be paid by the school board.Source   Laws 1993, LB 177, § 6;   R.S.1943, (1994), § 79-12,121.03;   Laws 1996, LB 900, § 472.
NE Code § 79-844 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-844 - Teachers and school nurses; contract; minimum standard.

79-844.  Teachers and school nurses; contract; minimum standard.Sections 79-843 and 79-844 provide a minimum standard and do not repeal any law of a governing authority that provides for additional contract rights pertaining to the same subject matter.Source   Laws 1973, LB 422, § 2;   R.S.1943, (1994), § 79-1254.03;   Laws 1996, LB 900, § 474.  Annotations Former section 79-1254.02 is not applicable to a Class V school district. Kibbon v. School Dist. of Omaha, 196 Neb. 293, 242 N.W.2d 634 (1976).
NE Code § 79-845 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-845 - Department of Correctional Services; Department of Health and Human Services; contract with teaching staff; probationary period.

79-845.  Department of Correctional Services; Department of Health and Human Services; contract with teaching staff; probationary period.Any contract of employment entered into after July 1, 1984, between the teaching staff and the Department of Correctional Services or the Department of Health and Human Services which applies to the first two years of the employment of such teaching staff shall provide that the first two years of the employment of such teacher are a probationary period. Any such contract may be terminated during the probationary period without cause.Source   Laws 1980, LB 442, § 2;   Laws 1984, LB 9, § 1;   Laws 1993, LB 239, § 4;   R.S.1943, (1994), § 79-1254.09;   Laws 1996, LB 900, § 475;   Laws 1996, LB 1044, § 819.
NE Code § 79-846 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-846 - Reduction-in-force policy; adopt; requirements.

79-846.  Reduction-in-force policy; adopt; requirements.Prior to January 1, 1979, every school board, board of education, or governing board of any educational institution in Nebraska covered by the provisions of sections 79-824 to 79-842 shall adopt a reduction-in-force policy covering employees subject to such statutory provisions to carry out the intent of sections 79-846 to 79-849. No such policy shall allow the reduction of a permanent or tenured employee while a probationary employee is retained to render a service which such permanent employee is qualified by reason of certification and endorsement to perform or, in cases in which certification is not applicable, by reason of college credits in the teaching area. If employee evaluation is to be included as a criterion to be used for reduction in force, specific criteria such as frequency of evaluation, evaluation forms, and number and length of classroom observations shall be included as part of the reduction-in-force policy.Source   Laws 1978, LB 375, § 1;   R.S.1943, (1994), § 79-1254.05;   Laws 1996, LB 900, § 476.  Annotations  A school district is legally prohibited by Nebraska's teacher tenure statutes from terminating a permanent certificated teacher's contract and then hiring a probationary teacher to replace him or her. Miller v. School Dist. No. 18-0011 of Clay Cty., 278 Neb. 1018, 775 N.W.2d 413 (2009). If the contracts of a tenured teacher and a probationary teacher are subject to termination due to a surplus of staff, the tenured teacher must be retained so long as he or she has the required certification in the area. Nickel v. Saline Cty. Sch. Dist. No. 163, 251 Neb. 762, 559 N.W.2d 480 (1997). Reduction in force policy adopted by board pursuant to this section could properly include teachers' contributions to activity program as a criterion for consideration in selection of teacher to be eliminated through reduction in force. Dykeman v. Board of Education, 210 Neb. 596, 316 N.W.2d 69 (1982).
NE Code § 79-847 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-847 - Reduction in force; board of education and school district administration; duties.

79-847.  Reduction in force; board of education and school district administration; duties.Before a reduction in force occurs, the school board or board of education and the school district administration shall present competent evidence demonstrating that a change in circumstances has occurred necessitating a reduction in force. Any alleged change in circumstances must be specifically related to the teacher or teachers to be reduced in force, and the board, based upon evidence produced at the hearing required by sections 79-824 to 79-842, shall be required to specifically find that there are no other vacancies on the staff for which the employee to be reduced is qualified by endorsement or professional training to perform.Source   Laws 1978, LB 375, § 2;   Laws 1985, LB 633, § 10;   R.S.1943, (1994), § 79-1254.06;   Laws 1996, LB 900, § 477.  Annotations  Before a school board may terminate a teacher's employment because of a reduction in force, it must establish via proof at the hearing (1) a change in circumstances necessitating a reduction in force, (2) that the change in circumstances specifically relates to the teacher to be affected, and (3) that there are no vacancies in the staff for which the teacher to be affected is qualified. A school board has authority to effectuate a reduction in force in accordance with Nebraska statutes. Nickel v. Saline Cty. Sch. Dist. No. 163, 251 Neb. 762, 559 N.W.2d 480 (1997). In order to support the amendment of a permanent certified teacher's contract on the basis of a reduction in force, the evidence produced at the hearing must establish the contents of the school's reduction in force policy. Trolson v. Board of Ed. of Sch. Dist. of Blair, 229 Neb. 37, 424 N.W.2d 881 (1988).
NE Code § 79-848 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-848 - Reduction in force; employee; contract terminated; effect; recall; rights.

79-848.  Reduction in force; employee; contract terminated; effect; recall; rights.Any employee whose contract is terminated because of reduction in force shall be considered dismissed with honor and shall upon request be provided a letter to that effect. Such employee shall have preferred rights to reemployment for a period of twenty-four months commencing at the end of the contract year of such employee, and the employee shall be recalled on the basis of length of service to the school to any position for which he or she is qualified by endorsement or college preparation to teach. Whenever a school district has, pursuant to section 79-598, contracted for the instruction of all of the students residing in such district or has, pursuant to section 79-499, contracted for the instruction of its students in grades nine through twelve, the preferred rights to reemployment shall commence at the end of the student contract period as agreed to by the contracting school district. The employee shall, upon reappointment, retain any benefits which had accrued to such employee prior to termination, but such leave of absence shall not be considered as a year of employment by the district. An employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.Source   Laws 1978, LB 375, § 3;   Laws 1988, LB 520, § 4;   R.S.1943, (1994), § 79-1254.07;   Laws 1996, LB 900, § 478.  Annotations  The purpose of the tenured teacher act, former sections 79-1248 to 79-1254.08, is to guarantee a tenured teacher continued employment except in two circumstances: (1) discharge for cause, and (2) reduction in teaching force. Roth v. School Dist. of Scottsbluff, 213 Neb. 545, 330 N.W.2d 488 (1983). The term "reduction in force" is not so vague as to be unconstitutional and is held to mean the termination of a teacher "due to a surplus of staff". Roth v. School Dist. of Scottsbluff, 213 Neb. 545, 330 N.W.2d 488 (1983).
NE Code § 79-849 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-849 - Reduction in force; noncompliance with federal or state law; how treated.

79-849.  Reduction in force; noncompliance with federal or state law; how treated.Notwithstanding sections 79-846 to 79-848, if the reduction of an employee based upon the provisions of such sections would place a district in noncompliance of any federal or state laws or regulations requiring affirmative action employment practices, the district may vary from these provisions as necessary to comply with such laws or regulations.Source   Laws 1978, LB 375, § 4;   R.S.1943, (1994), § 79-1254.08;   Laws 1996, LB 900, § 479.
NE Code § 79-850 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-850 - Terms, defined.

79-850.  Terms, defined.For purposes of sections 79-850 to 79-858:(1) Reorganized school district means: (a) Any expanded or altered school district, organized or altered by any of the means provided by Nebraska law including, but not limited to, the methods provided by the Reorganization of School Districts Act, the Learning Community Reorganization Act, or section 79-407, 79-413, 79-415, or 79-473; or (b) any school district to be formed in the future if the petition or plan for such reorganized school district has been approved pursuant to any of the methods set forth in subdivision (1)(a) of this section when the effective date of such reorganization is prospective. For purposes of this subdivision, a petition or plan shall be deemed approved when the last legal action has been taken, as prescribed in section 79-413 or 79-450, necessary to effect the changes in boundaries as set forth in the petition or plan; and(2) Unified system means a unified system as defined in section 79-4,108 recognized by the State Department of Education pursuant to subsection (3) of such section, which employs certificated staff.Source   Laws 1980, LB 844, § 1;   Laws 1985, LB 662, § 36;   Laws 1988, LB 520, § 5;   R.S.1943, (1994), § 79-12,104;   Laws 1996, LB 900, § 480;   Laws 1997, LB 347, § 25;   Laws 1998, LB 1219, § 1;  Laws 1999, LB 272, § 90;  Laws 2005, LB 126, § 43;  Laws 2006, LB 1024, § 59;   Referendum 2006, No. 422;  Laws 2018, LB377, § 61.  Cross References   Learning Community Reorganization Act, see section 79-4,117.  Reorganization of School Districts Act, see section 79-432.
NE Code § 79-851 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-851 - Teachers; status rights.

79-851.  Teachers; status rights.The unified system or reorganized school district or districts may terminate, in accordance with sections 79-824 to 79-842, the contracts of employment of teachers whose employer's school district was or is to be closed, merged, or otherwise altered as provided for unified systems or reorganized school districts in section 79-850, except that such teachers shall for the purpose of reduction in force be considered teachers of the unified system or reorganized school district or districts and the teachers shall be given full credit for the years of teaching experience they had acquired as well as the same tenure or permanent status rights they had in the school district or districts affected by the unification or reorganization.Source   Laws 1980, LB 844, § 2;   Laws 1984, LB 634, § 1;   Laws 1988, LB 520, § 6;   R.S.1943, (1994), § 79-12,105;   Laws 1996, LB 900, § 481;   Laws 1998, LB 1219, § 2.  Cross References  Reduction-in-force policy, see sections 79-846 to 79-849.