79-843. Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision.
The contracts of the teaching staff and school nurses employed by an educational program administered by the State Department of Education, the Department of Health and Human Services, or a political subdivision of the state, except a school district or an educational service unit, the colleges governed by the Board of Trustees of the Nebraska State Colleges, and any university governed by the Board of Regents of the University of Nebraska shall require the sanction of a majority of the members of the governing board. Except as provided in section 79-845, each such contract shall be deemed renewed and in force and effect until a majority of the governing board votes or the Department of Health and Human Services determines, sixty days before the close of the contract period, to amend or terminate the contract for just cause. The department or the secretary of the governing board shall notify each teacher or school nurse in writing at least ninety days before the close of the contract period of any conditions of unsatisfactory performance or a reduction in teaching staff or nursing staff that the department or board considers may be just cause to either amend or terminate the contract for the ensuing year. Any teacher or school nurse so notified shall have the right to file, within five days after receipt of such notice, a written request with the department or board for a hearing before the department or board. Upon receipt of such request, the department or board shall order the hearing to be held within ten days after such receipt and shall give written notice of the time and place of the hearing to the teacher or school nurse. At the hearing, evidence shall be presented in support of the reasons given for considering amendment or termination of the contract and the teacher or school nurse shall be permitted to produce evidence related thereto. The department or board shall render the decision to amend or terminate a contract based on the evidence produced at the hearing.
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Annotations
Pursuant to former sections 79-1254.02 to 79-1254.08 and sections 79-12,107 to 79-12,121, 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).
An evidential hearing requested regarding potential termination of a teacher's contract should occur before a tribunal that, among its attributes, is impartial. Heithoff v. Nebraska State Bd. of Ed., 230 Neb. 209, 430 N.W.2d 681 (1988).
As a result of this section, the school board, and not the education commissioner, has authority to terminate a teacher's employment contract; hence, the board is the only party defendant indispensable for judicial review of an order terminating a teacher. Heithoff v. Nebraska State Bd. of Ed., 230 Neb. 209, 430 N.W.2d 681 (1988).
This section is not applicable to a Class V school district. Kibbon v. School Dist. of Omaha, 196 Neb. 293, 242 N.W.2d 634 (1976).
This section requires the affirmative vote of a majority of all members of the Board of Trustees of the Nebraska State Colleges to amend or terminate the contract of a teacher. Chase v. Board of Trustees of Nebraska State Colleges, 194 Neb. 688, 235 N.W.2d 223 (1975).