(1) A formal due process hearing for the purposes of sections 79-827 and 79-829 means a hearing procedure adopted by the school board which contains at least the following: (a) Notification to the certificated employee in writing at least five days prior to the hearing of the grounds alleged for action, cancellation, termination, or nonrenewal of the teacher's contract; (b) upon request of the certificated employee a notification, at least five days prior to the hearing, of the names of any witnesses who will be called to testify against the certificated employee and an opportunity to examine any documents that will be presented at the hearing; (c) the right to be represented; and (d) an opportunity to cross-examine all witnesses and to examine all documents and to present evidence material to the issues.
(2) Due and proper notice of the hearing shall be given in accordance with the Open Meetings Act. Upon an affirmative vote of a majority of the school board's members present and voting and upon specific request of the certificated employee or the certificated employee's representative, the hearing shall be conducted in a closed session, but the formal action of the school board shall be taken in open session.
(3) A majority of the members of the school board shall render the decision to amend, cancel, terminate, or not renew a certificated employee's contract, based solely upon the evidence produced at the hearing, shall reduce its findings and determinations to writing, and shall deliver a written copy thereof to the certificated employee.
Notes of Decisions
Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019).
· cites it 4× “,46 we stated that, while similar to a judicial proceeding, an adjudication hear- ing before an agency does not guarantee an individual any particular form of state procedure.”
Johanson v. Bd. of Ed. of Lincoln Cty., 589 N.W.2d 815 (Neb. 1999).
· cites it 13× “The District responded by providing Johanson with written notice, pursuant to Neb. Rev. Stat. § 79-832 (Reissue 1996). 2.”
Prokop v. Lower Loup NRD, 302 Neb. 10 (Neb. 2019).
· cites it 2× “,46 we stated that, while similar to a judicial proceeding, an adjudication hear- ing before an agency does not guarantee an individual any particular form of state procedure.”
McQuinn v. Douglas Cnty. Sch. Dist. No. 66, 612 N.W.2d 198 (Neb. 2000).
· cites it 2× “The hearing is governed by § 79-834, which provides: *730 Hearings involving the question of the nonrenewal of a probationary certificated employee’s contract or the nonrenewal of a superintendent shall not be due process hearings and shall not be required to meet the…”
Schiefelbein v. Sch. DIST. NO. 0013, 758 N.W.2d 645 (Neb. Ct. App. 2008).
· cites it 3× “Neb.Rev. Stat. § 79-832 (Cum. Supp. 2006), which defines and imposes requirements for a "formal due process hearing," clearly contemplates that after the employee responds to the initial notice and requests a hearing, the district will provide additional notification to the…”
Robinson v. Morrill Cty. Sch. Dist. 63, 299 Neb. 740 (Neb. 2018).
· cites it 4× “740 of the hearing, but he argues the school board failed to give “[d]ue and proper notice of the hearing” “in accordance with the Open Meetings Act” as required by § 79-832(2).”
— Neb. Rev. Stat. § 79-832(1) — 1 case
Johanson v. Bd. of Ed. of Lincoln Cty., 589 N.W.2d 815 (Neb. 1999).
“The District responded by providing Johanson with written notice, pursuant to Neb. Rev. Stat. § 79-832 (Reissue 1996). 2.”
— Neb. Rev. Stat. § 79-832(2) — 2 cases
Robinson v. Morrill Cty. Sch. Dist. 63, 299 Neb. 740 (Neb. 2018).
“740 of the hearing, but he argues the school board failed to give “[d]ue and proper notice of the hearing” “in accordance with the Open Meetings Act” as required by § 79-832(2).”
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