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4129 - Tenure of Teachers and Nurses

Adoption Date: 11/06/2017

Revision History: Reviewed 12/14/2020

A. The tenure of teachers and nurses is governed by the tenure laws of Nebraska, Sections 79-824 - 79-842.

B. The formal due process hearing provided for in Section 79-832 of the tenure law shall be held in accord with the following procedures:

1. Notification to the certificated employee, in writing, at least five calendar days prior to the hearing of the grounds alleged for action, cancellation, or termination of the teacher's contract.

2. Upon request of the certificated employee, a notification, at least five calendar days prior to the hearing, of the names of any witnesses who will be called to testify against the certificated employee, the nature of their testimony, and an opportunity to examine any documents that will be presented at the hearing.

3. The right to be represented.

4. An opportunity to cross-examine all witnesses and to examine all documents and to present evidence material to the issues at the hearing.

5. Notification to the certificated employee in writing of the Board of Education's decision and the reasons for that decision.

C. The informal hearing provided for in Section 79-834 of the tenure law shall be held in accord with the following procedures:

1. Upon request of the certificated employee, notification in writing at least five calendar days before the hearing of the employment related reasons for nonrenewal or amendment. These reasons must be sufficiently specific to provide the employee the opportunity to prepare a response.

2. The certificated employee may be represented by someone qualified to speak on the employee's behalf.

3. The hearing shall be held in closed session at the request of the certificated employee and upon an affirmative vote of the majority of the board members present and voting.

4. The administration shall explain its position and present whatever relevant information the administration chooses.

5. When the administration is finished presenting its information, the certificated employee shall explain his/her position regarding continued employment and present whatever relevant information the employee chooses.

6. The administration may present information replying to the certificated employee's presentation.

7. The Board of Education reserves the right to determine whether information proposed for presentation is relevant and has the right not to listen to irrelevant information.

8. The certificated employee shall have the opportunity to ask those presenting information on behalf of the administration questions. Likewise, the administration shall have the opportunity to ask questions of those presenting information on behalf of the certificated employee. Following questions by the certificated employee and the administration, board members may ask questions also.

9. Following the presentation of information, the board shall deliberate on the matter privately. Formal action concerning nonrenewal or amendment shall be taken, however, in open session.

D. The informal hearing provided for in Subsection 4.29c shall be held before at least three members of the Board of Education and the following additional procedures shall be used:

1. All board members shall be notified by the director at least five calendar days in advance of the informal hearing.

2. All board members are eligible to participate in the hearing, unless otherwise disqualified.

3. No board member may participate in the hearing unless he/she is present before the administration begins presenting whatever information it wants to the Board of Education to consider.

4. The majority opinion of the board members present constitutes a recommendation to the Board of Education and is not a formal decision regarding nonrenewal, regardless of how many board members are present at the hearing.

5. The Board of Education shall make the final determination at a separate regular or special meeting without an additional hearing. The contract of the probationary certificated employee shall be renewed unless a majority of all board members vote not to renew the contract. The formal action of the board shall be in open session.

6. A tie vote at the hearing means that the matter is presented to the Board of Education without recommendation. In the event of a tie vote, one board member (appointed by the president) representing each side of the issue being voted upon will be given the opportunity to explain his/her position on the matter at the board meeting. In instances where a committee is divided but reaches a majority opinion, one board member (appointed by the president) will be given the opportunity to explain to the total board the minority position. Any such discussion shall be held in executive session unless the probationary certificated employee expressly requests otherwise.

7. Any hearing on the nonrenewal of the contract of the superintendent shall be before the Board of Education. The contract of the superintendent shall be renewed unless a majority of all board members vote not to renew the contract.