reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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, 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;
Laws 2022, LB1057, § 2.
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).
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-852 - Collective-bargaining agreement; continued; effect.

79-852.
Collective-bargaining agreement; continued; effect.
The collective-bargaining agreement of the school district or districts forming the unified system or reorganized school district with the largest number of teacher employees shall continue in full force and effect and govern all teachers in the unified system or reorganized school district until replaced by a successor agreement, and the teachers employed by the unified system or reorganized school district and previously employed by the school districts involved in the formation of the unified system or reorganized school district shall automatically be included in that bargaining unit but no certificated public school employee shall be compelled to join any organization or association. If only one collective-bargaining agreement is in effect in the school districts which are a part of the unification or reorganization, that collective-bargaining agreement shall continue in full force and effect until replaced by a successor agreement and the teachers employed by the other school districts involved in the unification or reorganization shall automatically be included in that bargaining unit. For purposes of the Industrial Relations Act, the unified system shall be deemed a public employer as defined in section 48-801.
Source
Laws 1980, LB 844, § 3;
R.S.1943, (1994), § 79-12,106;
Laws 1996, LB 900, § 482;
Laws 1998, LB 1219, § 3;
Laws 2011, LB397, § 17.
Cross References
Industrial Relations Act, see section 48-801.01.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-853 - City of second class or village; merger with city of primary or metropolitan class; rights of teachers and employees preserved.

79-853.
City of second class or village; merger with city of primary or metropolitan class; rights of teachers and employees preserved.
A consolidation under sections 79-468 and 79-469 shall not affect the rights of the principals, teachers, janitors, and employees of any of the districts merged under such sections. They shall continue in the employ of the school district into which their former districts are merged. In determining their status, salaries, and other rights, their previous service with the merged district employing them at the time of the merger shall be counted as if they had been originally employed by the consolidated district.
Source
Laws 1917, c. 225, § 27, p. 557;
C.S.1922, § 6636;
C.S.1929, § 79-2627;
R.S.1943, § 79-2630;
Laws 1949, c. 256, § 222, p. 764;
R.S.1943, (1994), § 79-535;
Laws 1996, LB 900, § 483.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-854 - Reduction in force; Retirement Incentive Plan; Staff Development Assistance; continued employment; notification; limitation.

79-854.
Reduction in force; Retirement Incentive Plan; Staff Development Assistance; continued employment; notification; limitation.
(1) If the unification or reorganization of two or more school districts will involve a reduction in force, all certificated employees from the district or districts involved in the unification or reorganization shall have, except as limited by subsection (2) of this section, the option to: (a) Retire under the Retirement Incentive Plan pursuant to section 79-855; (b) terminate employment and receive Staff Development Assistance pursuant to section 79-856; or (c) remain employed by the district subject to personnel policies and staffing requirements of the unified system or reorganized district or districts. Each certificated employee shall be notified in writing of the proposed unification or reorganization, the number of employees which will be reduced, and the availability of the Retirement Incentive Plan and Staff Development Assistance prior to such unification or reorganization. If the unification or reorganization will involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made by March 15 of the school year in effect. If the unification or reorganization will not involve a reduction in force prior to the effective date of the unification or reorganization, the notification shall be made at least thirty calendar days prior to the effective date of the unification or reorganization but in no event later than March 15 of the calendar year in which action on the reduction in force will occur. The employee election to retire under the Retirement Incentive Plan or to terminate employment and receive Staff Development Assistance shall be made within fifteen calendar days after receiving the notification, or those options are waived.
(2) For each unification or reorganization, the number of certificated employees which receive either the Retirement Incentive Plan or Staff Development Assistance shall be limited to the number of certificated employees which are reduced due to the unification or reorganization. If the number of employees electing participation in the Retirement Incentive Plan or Staff Development Assistance exceed the number of employees which will be reduced, selection for participation shall be determined by the date and time of receipt of the employee election. Employee elections which are received first shall be selected, and all certificated employees in all districts involved in the unification or reorganization shall be treated equally in determining such selection.
Source
Laws 1996, LB 1050, § 33;
Laws 1998, LB 1219, § 4.
Cross References
Reduction-in-force policy, see sections 79-846 to 79-849.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-855 - Retirement Incentive Plan; eligibility; benefit; costs; allocation.

79-855.
Retirement Incentive Plan; eligibility; benefit; costs; allocation.
(1) Except as limited by subsection (2) of section 79-854, all certificated employees from a district involved in a unification or reorganization who are at least fifty-five years of age on the date of unification or reorganization shall be eligible to participate in the Retirement Incentive Plan pursuant to this section if, within fifteen calendar days after receiving notification, the employee signs an agreement to retire effective on or prior to the effective date of the unification or reorganization. To receive a benefit under the Retirement Incentive Plan, a certificated employee must have completed five years of creditable service prior to the effective date of retirement.
(2) A qualified certificated employee who elects retirement under the Retirement Incentive Plan shall receive a benefit in the form of a lump-sum amount, payable in one or two payments. Such payments shall not be included in the determination of final average compensation pursuant to the School Employees Retirement Act. The payments to the certificated employee shall equal seven hundred dollars for each year of service with the district and shall not exceed twenty-four thousand five hundred dollars for each certificated employee receiving benefits under this section.
(3) The Retirement Incentive Plan shall be available to employees only prior to allocation of staff pursuant to section 79-857.
(4) Costs of the Retirement Incentive Plan, prior to the allocation of staff, shall be allocated among the reorganized districts or participating districts in a unification based upon the proportion of valuation each reorganized district receives or each participating district contains. Such costs shall not be included in general fund operating expenditures as defined in section 79-1003 for that fiscal year. Costs associated with agreements beyond the scope of the Retirement Incentive Plan shall be the sole responsibility of the reorganized district or unified system involved in the agreement.
(5) Payments made to employees pursuant to the Retirement Incentive Plan shall be made by the unified system or according to the reorganization plan and, if not specified in the plan, by the reorganized district receiving the largest valuation.
(6) Participation in an early retirement program, other than the Retirement Incentive Plan, shall not be available to transferring staff for a period of one year after the date of unification or reorganization.
Source
Laws 1996, LB 1050, § 34;
Laws 1998, LB 1219, § 5.
Cross References
School Employees Retirement Act, see section 79-901.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-856 - Staff Development Assistance; eligibility; agreement; contents; costs; allocation.

79-856.
Staff Development Assistance; eligibility; agreement; contents; costs; allocation.
(1) Except as limited by subsection (2) of section 79-854, all certificated employees from a district involved in a unification or reorganization who, within fifteen calendar days after receiving notification of the availability of Staff Development Assistance pursuant to section 79-854, terminate employment voluntarily, contract to waive any reduction-in-force rights pursuant to sections 79-846 to 79-849, and sign a Staff Development Assistance agreement, shall receive one year of Staff Development Assistance. Staff Development Assistance shall be available to employees only prior to allocation of staff pursuant to section 79-857.
(2) Staff Development Assistance shall not be included in the determination of final average compensation pursuant to the School Employees Retirement Act.
(3) The Staff Development Assistance agreement shall specify that:
(a) A stipend equal to fifty percent of annual salary shall be contingent upon enrollment and attendance at a Nebraska state college or the University of Nebraska; or a stipend equal to twenty-five percent of annual salary shall be provided if not enrolled nor in attendance at a Nebraska state college or the University of Nebraska;
(b) The stipend will cease upon attainment of employment of twenty or more hours per week;
(c) The stipend will be paid in the same manner as contract payments for the most recent contract year;
(d) Tuition for two semesters, if applicable, will be paid directly to the Nebraska state college or the University of Nebraska and shall equal resident tuition charges plus fees of such school and will not include costs of books or other instructional materials; and
(e) All reduction-in-force rights pursuant to sections 79-846 to 79-849 are waived by signing the agreement.
(4) Costs of Staff Development Assistance, prior to the allocation of staff, shall be allocated among the reorganized districts or participating districts in a unification based upon the proportion of valuation each reorganized district receives or each participating district contains. Such costs shall not be included in general fund operating expenditures as defined in section 79-1003 for that fiscal year. Costs associated with agreements beyond the scope of Staff Development Assistance shall be the sole responsibility of the reorganized district involved in the agreement.
(5) Payments made to employees pursuant to Staff Development Assistance shall be made by the unified system or according to the reorganization plan and, if not specified in the plan, by the reorganized district receiving the largest valuation.
Source
Laws 1996, LB 1050, § 35;
Laws 1998, LB 1219, § 6.
Cross References
School Employees Retirement Act, see section 79-901.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-857 - Allocation of certificated employees; procedure.

79-857.
Allocation of certificated employees; procedure.
(1) For reorganizations involving consolidation of school districts into one or more reorganized districts, staff not electing retirement pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be allocated prior to the effective date of reorganization as follows:
(a) All districts involved may enter into an agreement on the allocation of all certificated employees to one or more of the reorganized districts. No certificated employee shall be allocated to more than one district. Such agreement shall be signed by all the districts involved;
(b) All certificated employees from the district or districts who have not been allocated pursuant to subdivision (1)(a) of this section shall be totaled and allocated among the reorganized districts based upon the proportion of students transferring to the reorganized district;
(c) All certificated employees from the district shall be treated equally in the allocation regardless of seniority. Staff shall not be given the option to choose the reorganized district in which to relocate. Random selection shall be utilized to allocate individual employees among all reorganized districts; and
(d) Once the selection and allocation is completed, employees from the district or districts shall retain years of service from the previous district for purposes of seniority. Within each reorganized district, employees from the receiving district shall not have priority over transferring employees. All reduction-in-force laws and policies shall apply.
(2) For unifications, staff not electing retirement pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be allocated prior to the effective date of the unification in compliance with an agreement signed by all participating districts. Once the selection and allocation is completed, employees shall retain years of service from the participating district for purposes of seniority. All reduction-in-force laws and policies shall apply.
Source
Laws 1996, LB 1050, § 36;
Laws 1998, LB 1219, § 7;
Laws 2005, LB 126, § 44;
Referendum 2006, No. 422.
Cross References
Reduction-in-force policy, see sections 79-846 to 79-849.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-858 - Other agreements; responsibility.

79-858.
Other agreements; responsibility.
Any agreements other than the Retirement Incentive Plan pursuant to section 79-855 or Staff Development Assistance pursuant to section 79-856 shall be the sole responsibility of the unified system or reorganized district.
Source
Laws 1996, LB 1050, § 37;
Laws 1998, LB 1219, § 8.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-859 - Professional Practices Commission; declaration.

79-859.
Professional Practices Commission; declaration.
The Legislature declares teaching in public schools in this state and the related services, including administrative and supervisory services, to be a profession, with all of the rights, responsibilities, and privileges accorded other recognized professions.
Source
Laws 1967, c. 549, § 1, p. 1813;
R.S.1943, (1994), § 79-1280;
Laws 1996, LB 900, § 484.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-860 - Terms, defined.

79-860.
Terms, defined.
For purposes of sections 79-859 to 79-871:
(1) Commission means the Professional Practices Commission;
(2) Board means the State Board of Education; and
(3) Commissioner means the Commissioner of Education.
Source
Laws 1993, LB 348, § 30;
R.S.1943, (1994), § 79-1280.01;
Laws 1996, LB 900, § 485.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-861 - Professional Practices Commission; members; appointment; qualifications; terms; compensation; expenses; meetings; chairperson; quorum.

79-861.
Professional Practices Commission; members; appointment; qualifications; terms; compensation; expenses; meetings; chairperson; quorum.
(1) The Governor shall appoint a Professional Practices Commission of twelve members nominated by the teaching profession and existing teachers professional organizations. Members shall be representative of elementary classroom teachers, secondary classroom teachers, school administrators, and postsecondary education. Members shall be appointed for staggered terms of three years. No member may succeed himself or herself more than once. Members shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177. Compensation of members who are public employees shall not be reduced by the agency or body by which they are regularly employed for any absence from service occasioned by attendance upon the business of the commission or any panel, committee, or subcommittee of the commission. Each school district which employs a member of the commission and which is required to employ a person to replace such member during his or her attendance at meetings of the commission or any panel, committee, or subcommittee of the commission shall be reimbursed from the Professional Practices Commission Fund for the expense the district incurs from employing a replacement.
(2) The members of the commission shall elect a chairperson pursuant to the working rules of the commission. The chairperson shall call meetings of the commission, preside at all meetings of the commission en banc, assign the work of the commission to the members, and perform such other supervisory duties as required.
(3) A majority of the commission members shall constitute a quorum to transact business. A hearing panel of not less than seven commission members shall hear cases brought before the commission. Members of the hearing panel shall be assigned on a rotating basis. For purposes of hearings, the act or decision of a majority of the commission members sitting on the hearing panel shall in all cases be deemed the final act or decision of the commission.
Source
Laws 1967, c. 549, § 2, p. 1813;
Laws 1973, LB 321, § 1;
Laws 1977, LB 540, § 2;
Laws 1981, LB 204, § 158;
Laws 1993, LB 348, § 31;
R.S.1943, (1994), § 79-1281;
Laws 1996, LB 900, § 486;
Laws 2020, LB381, § 92.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-862 - Commission; clerk; duties; additional personnel.

79-862.
Commission; clerk; duties; additional personnel.
The commission shall, with the advice and consent of the Governor, appoint a clerk of the commission who shall hold office at the pleasure of the commission. The clerk shall, under the direction of the chairperson of the commission, keep a complete and accurate record of the proceedings of the commission, record all pleadings and other papers filed with the commission, issue all necessary notices and writs, superintend the business of the commission, and perform such other duties as the commission directs. The clerk shall not be a member of the commission and shall not participate in hearings before the commission except to schedule and make other arrangements for the conduct of hearings.
The commission may also appoint or retain such other persons as it may deem necessary for the performance of its functions and shall prescribe their duties, fix their compensation, and provide for reimbursement of their expenses as provided in sections 81-1174 and 81-1177 within the amounts available in the budget of the commission.
Source
Laws 1969, c. 731, § 5, p. 2767;
Laws 1981, LB 204, § 159;
Laws 1993, LB 348, § 32;
Laws 1994, LB 1310, § 11;
R.S.1943, (1994), § 79-1281.01;
Laws 1996, LB 900, § 487.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-863 - Commission; clerk; salary; expenses.

79-863.
Commission; clerk; salary; expenses.
The clerk of the commission shall receive such salary as the commission with the approval of the Governor determines. Such salary shall be payable in the same manner as the salaries of other state employees, and the clerk shall be reimbursed for expenses incurred in the performance of his or her duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1993, LB 348, § 33;
R.S.1943, (1994), § 79-1281.02;
Laws 1996, LB 900, § 488;
Laws 2020, LB381, § 93.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-864 - Commission; court reporter; duties; how paid.

79-864.
Commission; court reporter; duties; how paid.
The commission shall appoint a certified court reporter to report and transcribe all testimony given in hearings and trials before the commission. The reporter shall be paid from the budget of the commission.
Source
Laws 1993, LB 348, § 34;
R.S.1943, (1994), § 79-1281.03;
Laws 1996, LB 900, § 489.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-865 - Commission; legal counsel; duties.

79-865.
Commission; legal counsel; duties.
The commission may, on a case-by-case basis, retain legal counsel to sit with any hearing panel of the commission during hearings to advise the hearing panel on questions of law.
Source
Laws 1993, LB 348, § 35;
R.S.1943, (1994), § 79-1281.04;
Laws 1996, LB 900, § 490.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-866 - Board; powers and duties.

79-866.
Board; powers and duties.
(1) The board shall adopt and promulgate rules and regulations establishing standards of professional practices for teachers and administrators holding certificates in areas including, but not limited to: (a) Ethical and professional performance; (b) competency; (c) continuance in professional service; and (d) contractual obligations. The board shall receive the advice and counsel of the commission in the adoption of such standards as the standards apply to the holders of public school certificates.
(2) The board may, for just cause, revoke or suspend any teacher's or administrator's certificate.
Violation of the standards established pursuant to this section, commission of an immoral act, or conviction of a felony under the laws of this state shall constitute just cause for the revocation or suspension of a teacher's or administrator's certificate by the board. The revocation or suspension of a certificate shall terminate the employment of such teacher or administrator. The board shall immediately notify the secretary or the school board or board of education of the school district where such teacher or administrator is employed of such revocation or suspension, shall notify the teacher or administrator of such revocation or suspension, and shall record the action in the matter in the books or records of the State Board of Education.
Source
Laws 1967, c. 549, § 3, p. 1813;
Laws 1969, c. 731, § 1, p. 2766;
Laws 1971, LB 103, § 1;
Laws 1984, LB 994, § 12;
Laws 1989, LB 575, § 1;
Laws 1993, LB 348, § 36;
R.S.1943, (1994), § 79-1282;
Laws 1996, LB 900, § 491.
Annotations
A violation of the competency standards of the Professional Practices Commission is not, in itself, grounds for terminating the contract of a tenured teacher unless they constitute just cause within the meaning of former section 79-1254. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982).
The competency standards of the Professional Practices Commission are not designed for use by a school board, and in the absence of evidence that the school board has adopted those standards as their own, the school board may not terminate a tenured teacher's contract because of a violation of those standards unless the termination is the result of investigation conducted under former section 79-1282. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-867 - Teacher's or administrator's certificate; revocation; suspension; effect.

79-867.
Teacher's or administrator's certificate; revocation; suspension; effect.
The revocation of a person's teacher's or administrator's certificate by the board shall automatically revoke any and all Nebraska teachers' certificates held by the person. A teacher's or administrator's certificate which has been suspended shall be automatically reinstated at the end of the suspension if such certificate did not expire during the period of suspension. If the certificate expired during the period of suspension, the holder of the expired certificate may secure a new certificate by applying for and by meeting the certification requirements at the time of application for the new certificate. A person whose teacher's or administrator's certificate has been revoked may apply for a new certificate at the expiration of any period of ineligibility fixed by the board by applying for and by meeting the certification requirements at the time of application for the new certificate.
Source
Laws 1989, LB 575, § 4;
Laws 1993, LB 348, § 37;
R.S.1943, (1994), § 79-1282.01;
Laws 1996, LB 900, § 492.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-869 - Commission and board; rules and regulations.

79-869.
Commission and board; rules and regulations.
The commission and the board shall adopt and promulgate rules and regulations for the performance of their functions under sections 79-859 to 79-871. Recommendations may be made by the commission to the State Board of Education, to school boards or boards of education, and to postsecondary educational institutions which will promote improvement of education and the teaching profession.
Source
Laws 1967, c. 549, § 5, p. 1813;
Laws 1969, c. 731, § 3, p. 2767;
Laws 1989, LB 575, § 3;
Laws 1993, LB 348, § 39;
R.S.1943, (1994), § 79-1284;
Laws 1996, LB 900, § 494.
Cross References
For other provisions for adopting rules and regulations, see the Administrative Procedure Act, section 84-901 et seq.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-870 - Commission; board; witnesses; subpoena; commissioner; issue writs of subpoena; board; modify or quash.

79-870.
Commission; board; witnesses; subpoena; commissioner; issue writs of subpoena; board; modify or quash.
In the performance of their functions under sections 79-859 to 79-871, the commission and the board may subpoena witnesses and place them under oath. The commissioner may issue writs of subpoena, including subpoena duces tecum, requiring the attendance of witnesses and the production of books, records, and documents, and place witnesses under oath to take sworn testimony as part of any investigation. The board may modify or quash any subpoena issued by the commissioner.
Source
Laws 1967, c. 549, § 6, p. 1814;
Laws 1992, LB 1001, § 29;
Laws 1993, LB 348, § 40;
R.S.1943, (1994), § 79-1285;
Laws 1996, LB 900, § 495;
Laws 2018, LB1081, § 10.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-871 - Commission; budget; adopt; costs and expenses; payment.

79-871.
Commission; budget; adopt; costs and expenses; payment.
All costs and expenses incurred by the commission in administering the provisions of sections 79-859 to 79-871 shall be paid as provided in section 79-810. The commission shall develop its own budget which shall be included as a program in the general budget of the State Department of Education.
Source
Laws 1967, c. 549, § 7, p. 1814;
Laws 1969, c. 731, § 4, p. 2767;
Laws 1977, LB 540, § 3;
Laws 1993, LB 348, § 41;
R.S.1943, (1994), § 79-1286;
Laws 1996, LB 900, § 496;
Laws 2003, LB 685, § 19.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-872 - Teacher or administrator; professional or labor organization; deduction from wages.

79-872.
Teacher or administrator; professional or labor organization; deduction from wages.
Any teacher or administrator employed by a school district who voluntarily participates in a professional or labor organization may authorize the withholding from his or her wages of an amount to be paid to the professional or labor organization. The school district shall make such deduction each month or pay period and pay the amount deducted to such professional or labor organization. The school district may charge an amount not to exceed the actual cost incurred by the school district for making such deductions.
Source
Laws 1979, LB 53, § 1;
R.S.1943, (1994), § 79-12,101;
Laws 1996, LB 900, § 497.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-873 - Deduction from wages; authorization; form.

79-873.
Deduction from wages; authorization; form.
An authorization for a deduction under section 79-872 shall be in writing, and the form to authorize shall also include a notice to the employee of his or her right to refuse authorization. The authorization shall continue in force until revoked in writing by the employee. The authorization may also authorize the professional or labor organization to certify annually the amount to be deducted from each employee's wages, and such certification shall bind the employee, the school district, and the organization.
Source
Laws 1979, LB 53, § 2;
R.S.1943, (1994), § 79-12,102;
Laws 1996, LB 900, § 498.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-874 - Deductions; school district; liability.

79-874.
Deductions; school district; liability.
The school district shall not be liable to the professional or labor organization for any claim, demand, or cost arising out of the withholding of authorized amounts and the transmittal of deductions authorized by the school district employees under sections 79-872 and 79-873.
Source
Laws 1979, LB 53, § 3;
R.S.1943, (1994), § 79-12,103;
Laws 1996, LB 900, § 499.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-875 - Student teacher or intern, defined.

79-875.
Student teacher or intern, defined.
For purposes of sections 79-875 to 79-878, student teacher or intern means a student who is enrolled in a postsecondary educational institution approved by the State Board of Education for teacher training and who is jointly assigned by such institution and a board of education to student-teach or intern under the direction of a regularly employed certificated teacher, principal, or other administrator. Student teaching may include duties granted to a certificated teacher under the rules and regulations of such board and any other part of the school program for which either the cooperating teacher or the principal is responsible.
Source
Laws 1971, LB 175, § 1;
R.S.1943, (1994), § 79-1297;
Laws 1996, LB 900, § 500.