Nebraska Statutes 79-1238. Tenure; probationary certificated employee; amendment or nonrenewal of contract; grounds; procedures
(1) Upon request by the probationary certificated employee as provided in subsection (1) of section 79-1236, notice shall be provided which shall contain written reasons for the proposed amendment or nonrenewal of the probationary certificated employee‘s contract and shall be sufficiently specific so as to provide such employee the opportunity to prepare a response. The reasons set forth in the notice shall be employment related.
Terms Used In Nebraska Statutes 79-1238
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the governing board of any educational service unit. See Nebraska Statutes 79-1234
- Certificated employee: means any teacher, nurse, or other person required to have a certificate from the State Department of Education who is employed by an educational service unit. See Nebraska Statutes 79-1234
- Contract: A legal written agreement that becomes binding when signed.
- Probationary certificated employee: means a certificated employee who has served under a contract with the educational service unit for less than three successive years under any contract which was entered into to create initial employment on or after September 1, 1986. See Nebraska Statutes 79-1234
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- School: means a school under the jurisdiction of a school board authorized by Nebraska Statutes 79-101
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) The board may elect to amend or not renew the contract of a probationary certificated employee for any reason it deems sufficient if such nonrenewal or amendment is employment related and such nonrenewal or amendment is not for constitutionally impermissible reasons. Such nonrenewal or amendment shall be in accordance with sections 79-1234 to 79-1239. Amendment or nonrenewal for reasons of reduction in force shall be in accordance with the procedures provided in sections 79-846 to 79-849 and 79-1234 to 79-1239.
(3) At any time prior to the holding of a hearing or prior to final determination by the board to amend or not renew the contract involved, the probationary certificated employee may submit a letter of resignation for the ensuing school year, which resignation shall be accepted by the board.
(4) The hearing, if requested, involving the question of the nonrenewal or amendment of a probationary certificated employee’s contract shall not be a formal due process hearing but shall be an informal hearing before the board at which the probationary certificated employee involved or his or her representative shall be afforded the opportunity to discuss and explain to the board his or her position with regard to continued employment, to present information, and to ask questions of those appearing on behalf of the administration of the educational service unit. Such hearing shall be in closed session at the request of the probationary certificated employee involved or his or her representative and upon affirmative vote of the majority of the board members present and voting, but the formal action of the board for nonrenewal or amendment shall be in open session.
(5) The hearing for a probationary certificated employee may be held before a committee of the board consisting of not less than three of the board’s total members, and total membership of the committee shall be odd numbered. Notice of such hearing shall be sent to all board members five days prior to such hearing. If a hearing is held before a committee, the majority opinion of the committee shall constitute a recommendation to the board, with the final determination being made by a majority vote of the members of the board without additional hearing.