reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-804 - Teacher's or administrator's certificate; registration required; failure; effect.

79-804.
Teacher's or administrator's certificate; registration required; failure; effect.
(1) Each teacher or administrator shall register his or her certificate with the public, private, denominational, or parochial school in which the teacher or administrator is employed. The superintendent or administrator of the school shall endorse upon the certificate that it has been registered and the date of registration. Such registration shall be without fee. No employment of a teacher or administrator shall be valid until the certificate is so registered. On or before September 15 of each year, the public, private, denominational, and parochial schools shall file with the State Department of Education a fall personnel report which shall specify the names of all individuals employed by the school who are required by law to hold a certificate and such other information as the Commissioner of Education directs. The superintendent or administrator of the school shall transmit within ten days to the State Department of Education the name of the teacher or administrator to be employed, together with the position to which employed, if the teacher or administrator is employed after the submission of the fall personnel report. The Commissioner of Education shall certify to the school the name of any teacher or administrator who has not been issued a certificate or given evidence of application to the State Department of Education and qualification for a certificate or permit. The teacher or administrator shall not be reimbursed for any services to the school after the date of receipt of notification by the school.
(2) The Commissioner of Education shall notify the county treasurer to withhold all school money belonging to any district employing an uncertificated teacher or administrator until the teacher or administrator has obtained a certificate or has been dismissed by the board employing such teacher or administrator. The county treasurer shall withhold such money.
Source
Laws 1925, c. 181, § 1, p. 470;
C.S.1929, § 79-1310;
R.S.1943, § 79-1338;
Laws 1949, c. 256, § 339, p. 803;
Laws 1959, c. 410, § 1, p. 1376;
Laws 1961, c. 408, § 1, p. 1225;
Laws 1971, LB 802, § 4;
R.S.1943, (1994), § 79-1239;
Laws 1996, LB 900, § 434;
Laws 1999, LB 272, § 87.
Annotations
Before beginning to teach, teacher is required to register teacher's certificate. Johnson v. School Dist. No. 3 of Clay County, 168 Neb. 547, 96 N.W.2d 623 (1959).
Recovery was denied where teacher did not hold proper certificate. Kuhl v. School District No. 76 of Wayne County, 155 Neb. 357, 51 N.W.2d 746 (1952).
Where teacher's certificate is not registered, contract of employment is invalid. Zevin v. School Dist. No. 11 of City of Cozad, 144 Neb. 100, 12 N.W.2d 634 (1944).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-805 - Teachers or administrators without certificates; employment prohibited; effect.

79-805.
Teachers or administrators without certificates; employment prohibited; effect.
The school board or board of education shall be personally liable for all public money paid to teachers or administrators who are not qualified under sections 79-806 to 79-815. A teacher or administrator violating such sections shall not recover any money for services while teaching during the time that such contract and certificate are invalid. Any person having knowledge of the employment by a school district of an uncertified teacher or administrator may prefer charges against the board.
Source
Laws 1925, c. 181, § 2, p. 470;
C.S.1929, § 79-1311;
R.S.1943, § 79-1339;
Laws 1949, c. 256, § 340, p. 804;
Laws 1965, c. 515, § 5, p. 1638;
Laws 1971, LB 802, § 5;
Laws 1988, LB 802, § 23;
R.S.1943, (1994), § 79-1240;
Laws 1996, LB 900, § 435;
Laws 2003, LB 685, § 5.
Annotations
Teacher cannot recover for services rendered during time that contract and certificate are invalid. Johnson v. School Dist. No. 3 of Clay County, 168 Neb. 547, 96 N.W.2d 623 (1959).
Recovery cannot be had on contract or on quantum meruit where certificate has not been registered. Zevin v. School Dist. No. 11 of City of Cozad, 144 Neb. 100, 12 N.W.2d 634 (1944).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-806 - Legislative findings; purpose of sections.

79-806.
Legislative findings; purpose of sections.
(1) The Legislature finds that there is an educator workforce shortage in this state and that efforts need to be made to recruit, prepare, retain, and support the teaching profession while maintaining high-quality educators in our classrooms around the state.
(2) The purpose of sections 79-806 to 79-815 is to provide more flexibility in the certification of qualified educators for Nebraska schools and not to decrease any requirements for certificates to teach, provide special services, and administer in Nebraska schools.
Source
Laws 1963, c. 491, § 1, p. 1569;
Laws 1988, LB 802, § 24;
R.S.1943, (1994), § 79-1247.03;
Laws 1996, LB 900, § 436;
Laws 2003, LB 685, § 6;
Laws 2022, LB1218, § 11;
Laws 2023, LB705, § 82.
Operative Date: September 2, 2023
Cross References
Excellence in Teaching Act, see section 85-3101.
Annotations
This statute is merely declarative of the Legislature's purpose in enacting this series of statutes. It has been modified by deletion of part of section 79-1247.06, R.R.S.1943, which allowed completion of two years of a college program as the maximum requirement for teaching. State ex rel. Douglas v. Faith Baptist Church of Louisville, 207 Neb. 802, 301 N.W.2d 571 (1981).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-807 - Terms, defined.

79-807.
Terms, defined.
For purposes of sections 79-806 to 79-815, unless the context otherwise requires:
(1) Board means the State Board of Education;
(2) Certificate means an authorization issued by the commissioner to an individual who meets the qualifications to engage in teaching, providing special services, or administering in prekindergarten through grade twelve in the elementary and secondary schools in this state;
(3) Commissioner means the Commissioner of Education;
(4) Department means the State Department of Education;
(5) Human relations training means course work or employment experiences that lead to (a) an awareness and understanding of the values, lifestyles, contributions, and history of a pluralistic society, (b) the ability to recognize and deal with dehumanizing biases, including, but not limited to, sexism, racism, prejudice, and discrimination, and an awareness of the impact such biases have on interpersonal relations, (c) the ability to translate knowledge of human relations into attitudes, skills, and techniques which result in favorable experiences for students, (d) the ability to recognize the ways in which dehumanizing biases may be reflected in instructional materials, (e) respect for human dignity and individual rights, and (f) the ability to relate effectively to other individuals and to groups in a pluralistic society other than the applicant's own;
(6) Special education training means course work or employment experiences that provide an individual with the knowledge of (a) the exceptional needs of the disabilities defined under the Special Education Act, (b) the major characteristics of each disability in order to recognize its existence in children, (c) the various alternatives for providing the least restrictive environment for children with disabilities, (d) methods of teaching children with disabilities in the regular classroom, and (e) prereferral alternatives, referral systems, multidisciplinary team responsibilities, the individualized education program process, and the placement process;
(7) Special services means supportive services provided to students that do not primarily involve teaching, including, but not limited to, (a) audiology, psychology, and physical or occupational therapy, (b) the coaching of extracurricular activities, and (c) subject areas for which endorsement programs are not offered by a standard institution of higher education; and
(8) Standard institution of higher education means any college or university, the teacher education programs of which are fully approved by the board or approved in another state pursuant to standards which are comparable and equivalent to those set by the board.
Source
Laws 1963, c. 491, § 2, p. 1569;
Laws 1988, LB 802, § 25;
Laws 1989, LB 250, § 1;
R.S.1943, (1994), § 79-1247.04;
Laws 1996, LB 900, § 437;
Laws 2003, LB 685, § 7;
Laws 2019, LB675, § 4;
Laws 2022, LB1218, § 12;
Laws 2023, LB705, § 83.
Operative Date: September 2, 2023
Cross References
Special Education Act, see section 79-1110.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-809 - Teachers' entry-level certificates or permits; qualifications.

79-809.
Teachers' entry-level certificates or permits; qualifications.
In addition to the requirements in section 79-808, the maximum which the board may require for the issuance of any entry-level certificate or permit shall be that the applicant (1) has a baccalaureate degree that qualifies for a certificate to teach, (2) has satisfactorily completed, within two years of the date of application, an approved program at a standard institution of higher education, (3) has special education training, (4) has earned college credit in an approved program, at a standard institution of higher education, for which endorsement is sought, and (5) has paid a nonrefundable fee to the department as provided in section 79-810.
Source
Laws 1963, c. 491, § 4, p. 1570;
Laws 1976, LB 833, § 1;
Laws 1984, LB 994, § 10;
Laws 1985, LB 633, § 8;
Laws 1990, LB 1090, § 21;
Laws 1994, LB 1310, § 10;
Laws 1996, LB 754, § 8;
R.S.1943, (1994), § 79-1247.06;
Laws 1996, LB 900, § 439;
Laws 2001, LB 314, § 2;
Laws 2003, LB 685, § 9;
Laws 2007, LB150, § 1;
Laws 2023, LB705, § 85.
Operative Date: September 2, 2023
Annotations
A state agency which requires, as a minimum for certification of an individual, the maximum requirement permitted by statute does not violate the limiting terms of such statute. The state has a compelling interest in the quality and ability of those who are employed to teach its young people, and a requirement that such teacher possess an appropriate baccalaureate degree is neither arbitrary nor unreasonable and is a reliable indicator of the probability of success as a teacher. State ex rel. Douglas v. Faith Baptist Church of Louisville, 207 Neb. 802, 301 N.W.2d 571 (1981).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-810 - Certificates or permits; issuance by Commissioner of Education; fee; disposition; contents of certificate or permit; endorsements; Certification Fund; Professional Practices Commission Fund; created; use; investment.

79-810.
Certificates or permits; issuance by Commissioner of Education; fee; disposition; contents of certificate or permit; endorsements; Certification Fund; Professional Practices Commission Fund; created; use; investment.
(1) Certificates and permits shall be issued by the commissioner upon application on forms prescribed and provided by him or her which shall include the applicant's social security number.
(2) Each certificate or permit issued by the commissioner shall indicate the area of authorization to teach, provide special services, or administer and any areas of endorsement for which the holder qualifies. During the term of any certificate or permit issued by the commissioner, additional endorsements may be made on the certificate or permit if the holder submits an application, meets the requirements for issuance of the additional endorsements, and pays a nonrefundable fee as set by the commissioner, not to exceed fifty-five dollars.
(3) The Certification Fund is created. Any fee received by the department under sections 79-806 to 79-815 shall be remitted to the State Treasurer for credit to the fund. The fund shall be used by the department in paying the costs of certifying educators pursuant to such sections and to carry out subsection (3) of section 79-808. For issuance of a certificate or permit valid in all schools, the nonrefundable fee shall be set by the commissioner, not to exceed seventy-five dollars, except that the commissioner shall designate a portion of the fee, not to exceed seventeen dollars, that shall be credited to the Professional Practices Commission Fund which is created for use by the department to pay for the provisions of sections 79-859 to 79-871. For issuance of a certificate or permit valid only in nonpublic schools, the nonrefundable fee shall be set by the commissioner, not to exceed fifty-five dollars. Any money in the Certification Fund or the Professional Practices Commission Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1963, c. 491, § 5, p. 1571;
Laws 1967, c. 549, § 8, p. 1814;
Laws 1969, c. 728, § 1, p. 2763;
Laws 1969, c. 729, § 1, p. 2764;
Laws 1969, c. 584, § 79, p. 2393;
Laws 1977, LB 540, § 1;
Laws 1980, LB 771, § 1;
Laws 1991, LB 855, § 1;
Laws 1991, LB 511, § 58;
Laws 1992, LB 245, § 63;
Laws 1993, LB 348, § 29;
Laws 1994, LB 1066, § 89;
R.S.1943, (1994), § 79-1247.07;
Laws 1996, LB 900, § 440;
Laws 1997, LB 206, § 1;
Laws 1997, LB 752, § 216;
Laws 2002, Second Spec. Sess., LB 1, § 5;
Laws 2003, LB 685, § 10;
Laws 2007, LB150, § 2;
Laws 2009, First Spec. Sess., LB3, § 59;
Laws 2022, LB1218, § 13.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-811 - Teachers' and administrators' certificates or permits; college credits submitted; certification; certification or permit in another state; how treated.

79-811.
Teachers' and administrators' certificates or permits; college credits submitted; certification; certification or permit in another state; how treated.
(1) Except as provided in subsection (2) of this section for applicants who possess a similar certification or permit in another state, all college credits submitted for the purpose of obtaining a certificate or permit shall be earned in or accepted by a standard institution of higher education and shall be certified by the proper authorities of the institution attended, showing the academic and professional preparation of the applicant.
(2) If an applicant possesses a similar certification or permit in another state, such applicant's eligibility for a certificate or permit in this state may be demonstrated by experience as an educator in such other state which shows the academic and professional preparation of the applicant.
Source
Laws 1963, c. 491, § 6, p. 1571;
R.S.1943, (1994), § 79-1247.08;
Laws 1996, LB 900, § 441;
Laws 2003, LB 685, § 11;
Laws 2022, LB1218, § 14.
Cross References
Approval of teacher education programs, State Board of Education, see section 79-318.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-814 - Teachers' and administrators' certificates or permits; limitations on use.

79-814.
Teachers' and administrators' certificates or permits; limitations on use.
The board may limit the use of any certificate or permit issued under sections 79-806 to 79-815.
Source
Laws 1963, c. 491, § 9, p. 1572;
Laws 1985, LB 633, § 9;
R.S.1943, (1994), § 79-1247.11;
Laws 1996, LB 900, § 444;
Laws 1997, LB 347, § 24;
Laws 2003, LB 685, § 13.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-814.01 - Criminal history record information search; denial of certificate or permit; when; costs; confidentiality.

79-814.01.
Criminal history record information search; denial of certificate or permit; when; costs; confidentiality.
(1) Upon request by the commissioner, the Nebraska State Patrol shall undertake a search for criminal history record information relating to an applicant for a certificate pursuant to subdivision (1)(c) of section 79-808, including transmittal of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information check shall include information concerning the applicant from federal repositories of such information and repositories of such information in other states if authorized by federal law. The Nebraska State Patrol shall issue a report to the commissioner that shall include the criminal history record information concerning the applicant.
(2) The commissioner may deny issuance of a certificate or permit to any applicant who has a felony conviction or who has any misdemeanor conviction involving abuse, neglect, or sexual misconduct. In reviewing an applicant's criminal history record information, the commissioner shall take into consideration any information, including information submitted by the applicant, regarding (a) the facts and circumstances surrounding a conviction, (b) the type of offense and the sentence imposed, (c) whether the conduct resulting in a conviction would constitute a crime in Nebraska, (d) the date of the offense, (e) the age of the applicant at the time of the offense, and (f) the applicant's conduct and positive social contributions since the offense.
(3) The board shall determine and set the costs for processing criminal history record information checks pursuant to this section and section 79-808 which shall be borne by the applicant for a certificate or permit. The costs shall be limited to the actual direct costs arising from the processing of the criminal history record information checks.
(4) Criminal history record information subject to federal confidentiality requirements shall remain confidential and may be released only upon the written authorization by the applicant, except that if the applicant appeals the denial of a certificate or permit by the commissioner, the filing of an administrative appeal shall constitute a release of the information for the limited purpose of the appeal. If the applicant requests a closed hearing, such request shall be subject to the Open Meetings Act.
Source
Laws 2003, LB 685, § 14;
Laws 2004, LB 821, § 28.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-814.02 - Conditional permit; when.

79-814.02.
Conditional permit; when.
An applicant subject to a criminal history record information check shall be issued a conditional permit prior to receipt by the commissioner of criminal history record information of the applicant, which conditional permit shall be valid for up to one year, if the applicant signs a statement that identifies all crimes of which the applicant has been convicted and the commissioner determines the applicant to be of good moral character and meets all other certification requirements. An applicant's conditional permit is void upon a final determination that the applicant does not meet the requirements for issuance of a certificate. The applicant may request a hearing regarding the denial of a certificate or permit as provided by the rules and regulations adopted pursuant to section 79-808.
For purposes of this section, a determination is final upon issuance of a final decision on appeal or upon expiration of the time in which the applicant may request a hearing without such hearing being requested.
Source
Laws 2003, LB 685, § 15.
2023 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.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-816 - Nebraska Teacher Apprenticeship Program; certificate or permit to teach; eligibility; requirements for completion; State Department of Education; Commissioner of Education; duties.

79-816.
Nebraska Teacher Apprenticeship Program; certificate or permit to teach; eligibility; requirements for completion; State Department of Education; Commissioner of Education; duties.
(1) The State Department of Education shall create and administer the Nebraska Teacher Apprenticeship Program. The purpose of the program is to help recruit and increase the number of teachers throughout the state by utilizing an apprenticeship model for training. The program shall provide for an applicant who successfully completes the program to obtain a certificate or permit issued by the Commissioner of Education. The department may work with standard institutions of higher education as defined in section 79-807, the Department of Labor, and other entities the State Department of Education deems necessary to develop and implement the program.
(2) An individual may apply for participation in the program if the individual (a) is an employee of a school approved or accredited by the State Department of Education or (b) has a contract to begin working for a school approved or accredited by the State Department of Education at the start of the school year for which the individual is applying for participation in the program.
(3) The department shall determine requirements for completion of the program by an applicant. The requirements shall include, but need not be limited to:
(a) The completion of a one-year apprenticeship in a classroom;
(b) A baccalaureate degree from a standard institution of higher education; and
(c) Successful completion of a subject area examination and pedagogy examination created by the department as part of the program.
(4) The Commissioner of Education shall issue a certificate to teach as set forth pursuant to the rules and regulations adopted and promulgated pursuant to sections 79-806 to 79-815 to an applicant who successfully completes the program.
(5) It is the intent of the Legislature to appropriate one million dollars for fiscal year 2023-24 and each fiscal year thereafter from the Education Future Fund to the State Department of Education for the program.
Source
Laws 2023, LB705, § 51.
Operative Date: June 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-816.01 - Interstate Teacher Mobility Compact; rules and regulations.

79-816.01.
Interstate Teacher Mobility Compact; rules and regulations.
The State Board of Education shall adopt and promulgate rules and regulations to provide for certification of teachers pursuant to the Interstate Teacher Mobility Compact.
Source
Laws 2023, LB298, § 6.
Effective Date: September 2, 2023
Cross References
Interstate Teacher Mobility Compact, see section 79-1505.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.