For purposes of sections 79-824 to 79-842, unless the context otherwise requires:
(1) Certificated employee means and includes all teachers and administrators as defined in section 79-101, other than substitute teachers, who are employed one-half time or more by any class of school district;
(2) School board means the governing board or body of any class of school district;
(3) Probationary certificated employee means a teacher or administrator who has served under a contract with the school district for less than three successive school years in any school district, unless extended one or two years by a majority vote of the board in a Class IV or V school district, except that after September 1, 1983, in Class IV and V school districts the requirement shall be three successive school years. Probationary certificated employee also means superintendents, regardless of length of service;
(4) Just cause means: (a) Incompetency, which includes, but is not limited to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e) immorality; (f) physical or mental incapacity; (g) failure to give evidence of professional growth as required in section 79-830; or (h) other conduct which interferes substantially with the continued performance of duties;
(5) Permanent certificated employee means a teacher or administrator who has served the probation period as defined in this section; and
(6) School year, for purposes of employment, means three-fourths of the school year or more on duty, exclusive of summer school.
A certificated employee who has been hired to fulfill the duties of another certificated employee who is on leave of absence shall not accrue rights under sections 79-824 to 79-842 during the period that the employee is fulfilling such duties.
Notes of Decisions
Manning v. Dakota Cnty. Sch. Dist., 782 N.W.2d 1 (Neb. 2010).
· cites it 11× “We find merit to the school district's assignments of error pertaining to the award of attorney fees and costs, and we reverse that portion of the lower court's judgment.”
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
· cites it 2× “Neb. Rev.Stat. § 79-824(1) (Reissue 2008) provides that certificated employees are all teachers and administrators as defined in Neb.”
Wilder v. Grant Cnty. Sch. Dist. No. 0001, 658 N.W.2d 923 (Neb. 2003).
· cites it 3× “Section 79-846 provides as follows: 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…”
Daily v. Bd. of Educ., 588 N.W.2d 813 (Neb. 1999).
· cites it 10× “The “79-12,107” referred to by the board was codified as Neb. Rev. Stat. § 79-824 (Reissue 1996), effective July 19,1996.”
Schaffert v. Lancaster Cnty. Sch. Dist. No. 0001, 581 N.W.2d 444 (Neb. Ct. App. 1998).
· cites it 4× “Next, there are those recommendations which were, in reality, conclusions of law and not findings of fact; for example, the recommendation that “just cause does not exist to terminate [Schaffert’s] teaching contract.”
Schiefelbein v. Sch. DIST. NO. 0013, 758 N.W.2d 645 (Neb. Ct. App. 2008).
· cites it 4× “Under Nebraska's continuing-contract law, the contract of a probationary certificated employee "shall be deemed renewed and remain in full force and effect unless amended or not renewed in accordance with sections 79-824 to 79-842." Neb. Rev.Stat.”
Robinson v. Morrill Cty. Sch. Dist. 63, 299 Neb. 740 (Neb. 2018).
· cites it 4× “§ 79-827 (Reissue 2014), “incompetency,” as defined by Neb. Rev. Stat. § 79-824 (4)(a) (Reissue 2014), includes “demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills.”
Miller v. Sch. Dist. No. 18-0011, 775 N.W.2d 413 (Neb. 2009).
“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…”
— Neb. Rev. Stat. § 79-824(1) — 2 cases
Manning v. Dakota Cnty. Sch. Dist., 782 N.W.2d 1 (Neb. 2010).
“We find merit to the school district's assignments of error pertaining to the award of attorney fees and costs, and we reverse that portion of the lower court's judgment.”
South Sioux City Ed. v. Dakota Sch. Dist., 772 N.W.2d 564 (Neb. 2009).
“Neb. Rev.Stat. § 79-824(1) (Reissue 2008) provides that certificated employees are all teachers and administrators as defined in Neb.”
— Neb. Rev. Stat. § 79-824(3) — 2 cases
Manning v. Dakota Cnty. Sch. Dist., 782 N.W.2d 1 (Neb. 2010).
“We find merit to the school district's assignments of error pertaining to the award of attorney fees and costs, and we reverse that portion of the lower court's judgment.”
Schiefelbein v. Sch. DIST. NO. 0013, 758 N.W.2d 645 (Neb. Ct. App. 2008).
“Under Nebraska's continuing-contract law, the contract of a probationary certificated employee "shall be deemed renewed and remain in full force and effect unless amended or not renewed in accordance with sections 79-824 to 79-842." Neb. Rev.Stat.”
— Neb. Rev. Stat. § 79-824(4) — 2 cases
Daily v. Bd. of Educ., 588 N.W.2d 813 (Neb. 1999).
“The “79-12,107” referred to by the board was codified as Neb. Rev. Stat. § 79-824 (Reissue 1996), effective July 19,1996.”
— Neb. Rev. Stat. § 79-824(5) — 1 case
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