§ 85-1528 — Teachers and school nurses; contract; renewal; exceptions; amend or terminate; notice; hearings; decision

The contracts of the teaching staff and school nurses employed by a board of a community college shall require the sanction of a majority of the members of the board. Except as provided in section 85-1534 , each such contract shall be deemed renewed and in force and effect until a majority of the board votes, sixty days before the close of the contract period, to amend or terminate the contract for just cause. The secretary of the board shall notify each teacher or school nurse in writing at least ninety days before the close of the contract period of any conditions of unsatisfactory performance or a reduction in teaching staff or nursing staff that the board considers may be just cause to either amend or terminate the contract for the ensuing year. Any teacher or school nurse so notified shall have the right to file within five days of receipt of such notice a written request with the board for a hearing before the board. Upon receipt of such request, the board shall order the hearing to be held within ten days and shall give written notice of the time and place of the hearing to the teacher or school nurse. At the hearing, evidence shall be presented in support of the reasons given for considering amendment or termination of the contract, and the teacher or school nurse shall be permitted to produce evidence related thereto. The board shall render the decision to amend or terminate a contract based on the evidence produced at the hearing.

Legislative History

Source: Laws 1993, LB 239, § 50. Annotations: A community college employee whose duties are primarily administrative and who does not hold a teaching certificate is not a teacher for purposes of this section, even if the employee occasionally teaches. Apland v. Northeast Community College, 8 Neb. App. 621, 599 N.W.2d 233 (1999). Statutory requirements in this section concerning the timing of a hearing regarding proposed termination of an employee's contract prevail over any contrary provisions in an educational institution's reduction in force policy. Nothing in this section suggests that the Legislature intended to include part-time employees in the statutory reduction in force provisions. Ackerman v. Metropolitan Community College Area, 6 Neb. App. 536, 575 N.W.2d 181 (1998).