Chapter 79 — SCHOOLS
1,288 sections in this chapter.
Neb. Rev. Stat. § 79-8 Teachers; solicitation by agents or salespersons prohibited; exceptions.
Neb. Rev. Stat. § 79-801 Nebraska certificate to administer; required of administrators and supervisors.
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All persons holding the official title of (1) superintendent of schools, (2) principal or supervisor of an accredited school, or (3) supervisor of any special subjects or subject in which such persons actually supervise the work of other teachers in that subject or those subjects…
Neb. Rev. Stat. § 79-802 Nebraska certificate or permit; prerequisite to teaching; employment of teacher aides; requirements.
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(1) Except as provided in subsection (2) of this section, no person shall be employed to teach in any public, private, denominational, or parochial school in this state who does not hold a valid Nebraska certificate or permit issued by the Commissioner of Education legalizing him…
Neb. Rev. Stat. § 79-802.01 American Indian language teacher; requirements.
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(1) Teaching American Indian languages is essential to the proper education of American Indian children. School districts and postsecondary educational institutions may employ approved American Indian language teachers to teach their native language. For purposes of this section,…
Neb. Rev. Stat. § 79-803 Certificate; extension; service in armed forces; conditions.
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The Commissioner of Education may extend the term of the certificate of any person who has served in the armed forces of the United States and whose certificate was in force on the day of induction or the spouse of such person. This extension shall be equal in length of time to t…
Neb. Rev. Stat. § 79-804 Teacher's or administrator's certificate; registration required; failure; effect.
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(1) Each teacher or administrator shall register his or her certificate with the public, private, denominational, or parochial school in which the teacher or administrator is employed. The superintendent or administrator of the school shall endorse upon the certificate that it ha…
Neb. Rev. Stat. § 79-805 Teachers or administrators without certificates; employment prohibited; effect.
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The school board or board of education shall be personally liable for all public money paid to teachers or administrators who are not qualified under sections 79-806 to 79-815. A teacher or administrator violating such sections shall not recover any money for services while teach…
Neb. Rev. Stat. § 79-806 Legislative findings; purpose of sections.
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(1) The Legislature finds that there is an educator workforce shortage in this state and that efforts need to be made to recruit, prepare, retain, and support the teaching profession while maintaining high-quality educators in our classrooms around the state. (2) The purpose of s…
Neb. Rev. Stat. § 79-807 Terms, defined.
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For purposes of sections 79-806 to 79-815, unless the context otherwise requires: (1) Board means the State Board of Education; (2) Certificate means an authorization issued by the commissioner to an individual who meets the qualifications to engage in teaching, providing special…
Neb. Rev. Stat. § 79-808 Teachers and administrators; certificates and permits; requirements; board; duties; advisory committees; expenses.
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(1) The board shall establish, adopt, and promulgate appropriate rules, regulations, and procedures governing the issuance, renewal, conversion, suspension, and revocation of certificates and permits to teach, provide special services, and administer based upon (a) earned college…
Neb. Rev. Stat. § 79-809 Teachers' entry-level certificates or permits; qualifications.
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In addition to the requirements in section 79-808, the maximum which the board may require for the issuance of any entry-level certificate or permit shall be that the applicant (1) has a baccalaureate degree that qualifies for a certificate to teach, (2) has satisfactorily comple…
Neb. Rev. Stat. § 79-810 Certificates or permits; issuance by Commissioner of Education; fee; disposition; contents of certificate or permit; endorsements; Certification Fund; created; use; investment.
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(1) Certificates and permits shall be issued by the commissioner upon application on forms prescribed and provided by him or her which shall include the applicant's social security number. (2) Each certificate or permit issued by the commissioner shall indicate the area of author…
Neb. Rev. Stat. § 79-811 Teachers' and administrators' certificates or permits; college credits submitted; certification; certification or permit in another state; how treated.
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(1) Except as provided in subsection (2) of this section for applicants who possess a similar certification or permit in another state, all college credits submitted for the purpose of obtaining a certificate or permit shall be earned in or accepted by a standard institution of h…
Repealed. Laws 2003, LB 685, § 37.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-813 Teachers' and administrators' certificates or permits; military spouses; applicants by reciprocity; requirements.
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(1)(a) The board shall authorize the issuance of a certificate or permit to any applicant for such certificate or permit who: (i) Is a military spouse or has been offered employment to teach, administer, or provide special services by an accredited school district in Nebraska or …
Neb. Rev. Stat. § 79-814 Teachers' and administrators' certificates or permits; limitations on use.
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The board may limit the use of any certificate or permit issued under sections 79-806 to 79-815.
Neb. Rev. Stat. § 79-814.01 Criminal history record information search; denial of certificate or permit; when; costs; confidentiality.
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(1) Upon request by the commissioner, the Nebraska State Patrol shall undertake a search for criminal history record information relating to an applicant for a certificate pursuant to subdivision (1)(c) of section 79-808, including transmittal of the applicant's fingerprints to t…
Neb. Rev. Stat. § 79-814.02 Conditional permit; when.
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An applicant subject to a criminal history record information check shall be issued a conditional permit prior to receipt by the commissioner of criminal history record information of the applicant, which conditional permit shall be valid for up to one year, if the applicant sign…
Neb. Rev. Stat. § 79-815 Certificate; continuance in force; conversion privileges.
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Any regular Nebraska certificate, including any permanent or life certificate in force on January 1, 1964, shall remain in force for its regular term. Upon application by the holder of any such certificate, the board may authorize the conversion of such certificate to a similar c…
Neb. Rev. Stat. § 79-816 Nebraska Teacher Apprenticeship Program; certificate or permit to teach; eligibility; requirements for completion; State Department of Education; Commissioner of Education; duties.
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(1) The State Department of Education shall create and administer the Nebraska Teacher Apprenticeship Program. The purpose of the program is to help recruit and increase the number of teachers throughout the state by utilizing an apprenticeship model for training. The program sha…
Neb. Rev. Stat. § 79-816.01 Interstate Teacher Mobility Compact; rules and regulations.
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The State Board of Education shall adopt and promulgate rules and regulations to provide for certification of teachers pursuant to the Interstate Teacher Mobility Compact.
Neb. Rev. Stat. § 79-817 Schools; contract of employment; writing required.
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A contract for the employment of a teacher or administrator for a public school in the State of Nebraska shall be in writing.
Neb. Rev. Stat. § 79-818 School board; employment of teachers and administrators; contracts; how executed; prohibitions.
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A majority of the members of a school board of any school district may enter into a contract of employment with a legally qualified teacher or administrator. Such majority has authority to designate one or more members of the board to sign such contract, which signature shall be …
Neb. Rev. Stat. § 79-819 Schools; contract of employment; contents.
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A contract for employment of a teacher or administrator authorized under section 79-818 shall contain (1) a provision by which the employed person affirms that he or she holds or will hold, at the beginning of the term of the contract, a valid certificate properly registered with…
Neb. Rev. Stat. § 79-820 Schools; contract with employees of another district, prohibited; penalty.
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No school board or board of education in the State of Nebraska shall enter into a contract of employment with a teacher or administrator who is already under contract with another school board or board of education within this state covering a part or all of the same time of perf…
Neb. Rev. Stat. § 79-821 Schools; violation of contract; notice; suspension of certificate.
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Upon presentation of proof that any teacher, principal, supervisor, assistant superintendent, or superintendent has, without just cause, violated or abrogated his or her contract with a school district in the state, the State Board of Education shall suspend the certificate of su…
Neb. Rev. Stat. § 79-822 Administrators; employment; salary; contract; term.
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At any regular meeting, a school board or board of education may elect for employment such administrators as the board may deem necessary for the proper conduct of the affairs of the school district at such salaries as the board may deem reasonable. It may contract with such admi…
Repealed. Laws 1997, LB 347, § 59.
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[Repealed or reserved.]
Neb. Rev. Stat. § 79-824 Terms, defined.
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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 scho…
Neb. Rev. Stat. § 79-825 Part-time certificated employee; become permanent employee; formula; reduction in force; effect.
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(1) Part-time certificated employees shall become permanent certificated employees based upon the following formula: (a) For certificated employees employed four-fifths time or more, each such year of employment shall count as a full successive school year; and (b) For certificat…
Neb. Rev. Stat. § 79-826 Certificated employee; disciplinary action; superintendent; powers; procedures.
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The superintendent or the superintendent's designee may take action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes, including: (1) Counseling; (2) oral reprimand;…
Neb. Rev. Stat. § 79-827 Certificated employee; contract cancellation or amendment; reasons; procedures.
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(1) The contract of any certificated employee, including a superintendent, associate superintendent, or assistant superintendent, may be canceled or amended by a majority of the members of the school board during the school year for any of the following reasons: (a) Upon revocati…
Neb. Rev. Stat. § 79-828 Probationary certificated employee; probationary period; evaluation; contract amendment or nonrenewal; procedure.
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(1) 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. (2) The purpose of the probationary period is to allow the employer an opportunity to e…
Neb. Rev. Stat. § 79-829 Permanent certificated employee; contract amendment or termination; reasons.
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The contract of a permanent certificated employee shall be deemed continuing and shall be renewed and remain in full force and effect unless amended or terminated in accordance with the provisions of sections 79-824 to 79-842. The school board by a vote of the majority of its mem…
Neb. Rev. Stat. § 79-830 Permanent certificated employee; evidence of professional growth required.
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Every six years permanent certificated employees shall give evidence of professional growth. Six semester hours of college credit shall be accepted as evidence of professional growth or, in the alternative, such other activities as are approved by the school board, which may incl…
Neb. Rev. Stat. § 79-831 Certificated employee; contract amendment, termination, nonrenewal, or cancellation; notice; hearing.
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Any probationary or permanent certificated employee whose contract of employment may be amended, terminated, or not renewed for the next school year shall be notified in writing on or before April 15 of each year of such possible action on the contract. If the certificated employ…
Neb. Rev. Stat. § 79-832 Formal due process hearing; employee's rights; how conducted; school board decision.
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(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 gro…
Neb. Rev. Stat. § 79-833 Error proceedings; jurisdiction of court.
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In error proceedings to reverse, vacate, or modify a final order by a school board made pursuant to sections 79-824 to 79-842, the school district, school board, or both may be named as defendants in error in the proceedings. The proceedings shall not be defeated and the court sh…
Neb. Rev. Stat. § 79-834 Informal hearing; when held; procedures.
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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 requirements of section 79-832 but shall be informal hearings at whic…
Neb. Rev. Stat. § 79-835 Probationary certificated employee; superintendent; school board; special procedures applicable.
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The hearing for a probationary certificated employee, except a superintendent, provided in section 79-834, may be held before a committee of the school board consisting of not less than three of the board's total members. Notice of such a hearing shall be sent to all board member…
Neb. Rev. Stat. § 79-836 School board; additional sanctions authorized; when.
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(1) After providing the opportunity for a hearing on cancellation, termination, or nonrenewal as provided for in sections 79-828, 79-829, and 79-832, and except when reduction in force is the reason given for possible termination, and when just cause can be shown, the school boar…
Neb. Rev. Stat. § 79-837 School board; subpoena power.
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The school board may on its own behalf, or shall upon the request of the certificated employee or his or her representative or at the request of the school district administration or the superintendent or the superintendent's designee, (1) subpoena and compel the attendance of wi…
Neb. Rev. Stat. § 79-838 School board; grant leave of absence; procedures; rights.
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Any school board, upon written request, may grant a leave of absence to a permanent certificated employee for such reasons as the school board deems appropriate, including, but not limited to, study, military service, or professional improvement or because of physical disability …
Neb. Rev. Stat. § 79-839 Certificated employees; assignment rights.
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Sections 79-824 to 79-842 do not provide any certificated employee a right to a specific assignment so long as such certificated employee is assigned to duties for which he or she is qualified by reason of certification, endorsement, or college preparation.
Neb. Rev. Stat. § 79-840 Class IV or Class V school district; hearing officer; use authorized.
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Any school board of a Class IV or Class V school district or certificated employee thereof may require that hearings held pursuant to sections 79-824 to 79-839 and such other hearings as designated by the school board be conducted by a hearing officer as specified in sections 79-…
Neb. Rev. Stat. § 79-841 Class IV or V school district; hearing officer; selection.
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If the school board of a Class IV or V school district or certificated employee thereof determines that a hearing shall be conducted by a hearing officer, the parties to the hearing or their representatives shall select a hearing officer. Any person selected as a hearing officer …
Neb. Rev. Stat. § 79-842 Class IV or V school district; hearing officer; procedure; costs.
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The hearing officer selected pursuant to section 79-841 shall conduct the hearing referred to in section 79-840, hear and receive evidence, and make recommended findings of fact and conclusions of law. The hearing shall be held in private if the employee so requests, and if the e…
Neb. Rev. Stat. § 79-843 Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision.
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The contracts of the teaching staff and school nurses employed by an educational program administered by the State Department of Education, the Department of Health and Human Services, or a political subdivision of the state, except a school district or an educational service uni…
Neb. Rev. Stat. § 79-844 Teachers and school nurses; contract; minimum standard.
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Sections 79-843 and 79-844 provide a minimum standard and do not repeal any law of a governing authority that provides for additional contract rights pertaining to the same subject matter.
Neb. Rev. Stat. § 79-845 Department of Correctional Services; Department of Health and Human Services; contract with teaching staff; probationary period.
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Any contract of employment entered into after July 1, 1984, between the teaching staff and the Department of Correctional Services or the Department of Health and Human Services which applies to the first two years of the employment of such teaching staff shall provide that the f…