Neb. Rev. Stat. » Chapter 79
Nebraska Revised Statutes

Neb. Rev. Stat. § 79-846 (2026)

Reduction-in-force policy; adopt; requirements

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 2 cases, 2003–2009 · leading case: Wilder v. Grant Cnty. Sch. Dist. No. 0001, 658 N.W.2d 923 (Neb. 2003).
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Wilder v. Grant Cnty. Sch. Dist. No. 0001, 658 N.W.2d 923 (Neb. 2003). · cites it 13× “Following a hearing, the district court reversed the decision of the school board, concluding that the decision violated Neb. Rev. Stat. § 79-846 (Reissue 1996), because the school district’s reduction in force policy contained no “criteria” by which to determine the basis for…”
Miller v. Sch. Dist. No. 18-0011, 775 N.W.2d 413 (Neb. 2009). · cites it 5× “But under Nebraska law, reduction of personnel cost is not itself a legal basis for terminating the contract of a tenured teacher; the savings must be achieved by a reduction in force.”
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