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.
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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).