For purposes of Chapter 79:
(1) School district means the territory under the jurisdiction of a single school board authorized by Chapter 79;
(2) School means a school under the jurisdiction of a school board authorized by Chapter 79;
(3) Legal voter means a registered voter as defined in section 32-115 who is domiciled in a precinct or ward in which he or she is registered to vote and which precinct or ward lies in whole or in part within the boundaries of a school district for which the registered voter chooses to exercise his or her right to vote at a school district election;
(4) Prekindergarten programs means all early childhood programs provided for children who have not reached the age of five by the date provided in section 79-214 for kindergarten entrance;
(5) Elementary grades means grades kindergarten through eight, inclusive;
(6) High school grades means all grades above the eighth grade;
(7) School year means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours;
(8) Instructional hour means a period of time, at least sixty minutes, which is actually used for the instruction of students;
(9) Teacher means any certified employee who is regularly employed for the instruction of pupils in the public schools;
(10) Administrator means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools;
(11) School board means the governing body of any school district. Board of education has the same meaning as school board;
(12) Teach means and includes, but is not limited to, the following responsibilities: (a) The organization and management of the classroom or the physical area in which the learning experiences of pupils take place; (b) the assessment and diagnosis of the individual educational needs of the pupils; (c) the planning, selecting, organizing, prescribing, and directing of the learning experiences of pupils; (d) the planning of teaching strategies and the selection of available materials and equipment to be used; and (e) the evaluation and reporting of student progress;
(13) Permanent school fund means the fund described in section 79-1035.01;
(14) Temporary school fund means the fund described in section 79-1035.02;
(15) School lands means the lands described in section 79-1035.03. Educational lands has the same meaning as school lands;
(16) Community eligibility provision means the alternative to household applications for free and reduced-price meals in high-poverty schools enacted in section 104(a) of the federal Healthy, Hunger-Free Kids Act of 2010, section 11(a)(1) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1759a(a)(1), as such act and section existed on January 1, 2015, and administered by the United States Department of Agriculture; and
(17)(a) Certificate, certificated, or certified, when referring to an individual holding a certificate to teach, administer, or provide special services, also includes an individual who holds a permit issued by the Commissioner of Education pursuant to sections 79-806 to 79-815 or an alternative certificate issued pursuant to section 79-8,145.01.
(b) Certificate, certificated, or certified, when referring to an individual holding a certificate to teach, also includes an individual who is granted a certificate in accordance with the Interstate Teacher Mobility Compact and section 79-816.01.
The State Board of Education may adopt and promulgate rules and regulations to define school day and other appropriate units of the school calendar.
Notes of Decisions
Cited in
18
cases (
2 in the last 5 years), 1965–2025 · leading case:
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
· cites it 20× “) See Neb.Rev. Stat. Ann. § 79-101(1) (Lexis 1999 Supp.”
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
· cites it 4× “§ 79-824(1) (Reissue 2008) provides that certificated employees are all teachers and administrators as defined in Neb.Rev.Stat. § 79-101 (Reissue 2008), other than substitute teachers.”
Manning v. Dakota Cnty. Sch. Dist., 782 N.W.2d 1 (Neb. 2010).
· cites it 2× “[6] We agreed that Manning was a probationary certificated employee as defined by Neb.Rev.Stat. § 79-101(9) (Reissue 2008) and § 79-824.”
Zyburo v. Bd. of Educ., 474 N.W.2d 671 (Neb. 1991).
· cites it 3× “” Neb. Rev. Stat. § 79-101 (1) (Reissue 1987 & Cum.”
Nuzum v. Bd. of Ed. of Sch. D. of Arnold, 417 N.W.2d 779 (Neb. 1988).
· cites it 3× “Section 79-12,107 defines a "certificated" employee as meaning and including *784 all nonsubstitute teachers and administrators, as defined in Neb.Rev.Stat. § 79-101 (Cum.Supp.1984), who are "employed four-fifths time or more by any class of school district.”
Neal v. Sch. Dist. of York, 288 N.W.2d 725 (Neb. 1980).
· cites it 2× “The introductory words to the statute speak of contracts with administrators or teachers. *727 We do not find any reference to "coach" in the tenure statutes nor do the statutes containing the duties of a teacher in the school system list coaching among those recognized.”
Apland v. Ne. Cmty. Coll., 599 N.W.2d 233 (Neb. Ct. App. 1999).
· cites it 5× “Chapter 79 does contain a definition section, Neb. Rev. Stat. § 79-101 (Cum. Supp. 1998).”
Benton v. Bd. of Educ. of Sch. Dist. No. 17, 361 N.W.2d 515 (Neb. 1985).
· cites it 2× “Benton had served as principal of the senior high school, an administrative position, Neb.Rev.Stat. § 79-101(11) (Reissue 1981), in the Winnebago school system for approximately 4 years.”
Nuzum v. Bd. of Educ., 417 N.W.2d 779 (Neb. 1988).
· cites it 3× “Section 79-12,107 defines a “certificated” employee as meaning and including all nonsubstitute teachers and administrators, as defined in Neb. Rev. Stat. § 79-101 (Cum. Supp. 1984), who are “employed four-fifths time or more by any class of school district.”
— Neb. Rev. Stat. § 79-101(1) — 1 case
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
“) See Neb.Rev. Stat. Ann. § 79-101(1) (Lexis 1999 Supp.”
— Neb. Rev. Stat. § 79-101(10) — 1 case
Apland v. Ne. Cmty. Coll., 599 N.W.2d 233 (Neb. Ct. App. 1999).
“Chapter 79 does contain a definition section, Neb. Rev. Stat. § 79-101 (Cum. Supp. 1998).”
— Neb. Rev. Stat. § 79-101(11) — 2 cases
Benton v. Bd. of Educ. of Sch. Dist. No. 17, 361 N.W.2d 515 (Neb. 1985).
“Benton had served as principal of the senior high school, an administrative position, Neb.Rev.Stat. § 79-101(11) (Reissue 1981), in the Winnebago school system for approximately 4 years.”
— Neb. Rev. Stat. § 79-101(3) — 1 case
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
“) See Neb.Rev. Stat. Ann. § 79-101(1) (Lexis 1999 Supp.”
— Neb. Rev. Stat. § 79-101(9) — 3 cases
Manning v. Dakota Cnty. Sch. Dist., 782 N.W.2d 1 (Neb. 2010).
“[6] We agreed that Manning was a probationary certificated employee as defined by Neb.Rev.Stat. § 79-101(9) (Reissue 2008) and § 79-824.”
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
“§ 79-824(1) (Reissue 2008) provides that certificated employees are all teachers and administrators as defined in Neb.Rev.Stat. § 79-101 (Reissue 2008), other than substitute teachers.”
Apland v. Ne. Cmty. Coll., 599 N.W.2d 233 (Neb. Ct. App. 1999).
“Chapter 79 does contain a definition section, Neb. Rev. Stat. § 79-101 (Cum. Supp. 1998).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.