Nebraska § 79-848 Reduction in force; employee; contract terminated; effect; recall; rights

Nebraska Statutes

§ 79-848 — Reduction in force; employee; contract terminated; effect; recall; rights

Nebraska § 79-848

Ch. 79Schools

This text of Nebraska § 79-848 (Reduction in force; employee; contract terminated; effect; recall; rights) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 79-848 (2026).

Text

Any employee whose contract is terminated because of reduction in force shall be considered dismissed with honor and shall upon request be provided a letter to that effect. Such employee shall have preferred rights to reemployment for a period of twenty-four months commencing at the end of the contract year of such employee, and the employee shall be recalled on the basis of length of service to the school to any position for which he or she is qualified by endorsement or college preparation to teach. Whenever a school district has, pursuant to section  79-598 , contracted for the instruction of all of the students residing in such district, the preferred rights to reemployment shall commence at the end of the student contract period as agreed to by the contracting school district. The emp

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Any employee whose contract is terminated because of reduction in force shall be considered dismissed with honor and shall upon request be provided a letter to that effect. Such employee shall have preferred rights to reemployment for a period of twenty-four months commencing at the end of the contract year of such employee, and the employee shall be recalled on the basis of length of service to the school to any position for which he or she is qualified by endorsement or college preparation to teach. Whenever a school district has, pursuant to section 79-598 , contracted for the instruction of all of the students residing in such district, the preferred rights to reemployment shall commence at the end of the student contract period as agreed to by the contracting school district. The employee shall, upon reappointment, retain any benefits which had accrued to such employee prior to termination, but such leave of absence shall not be considered as a year of employment by the district. An employee under contract to another educational institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.

Legislative History

Source: Laws 1978, LB 375, § 3; Laws 1988, LB 520, § 4; R.S.1943, (1994), § 79-1254.07; Laws 1996, LB 900, § 478; Laws 2022, LB1057, § 2. Annotations: The purpose of the tenured teacher act, former sections 79-1248 to 79-1254.08, is to guarantee a tenured teacher continued employment except in two circumstances: (1) discharge for cause, and (2) reduction in teaching force. Roth v. School Dist. of Scottsbluff, 213 Neb. 545, 330 N.W.2d 488 (1983). The term "reduction in force" is not so vague as to be unconstitutional and is held to mean the termination of a teacher "due to a surplus of staff". Roth v. School Dist. of Scottsbluff, 213 Neb. 545, 330 N.W.2d 488 (1983).