For purposes of sections 79-824 to 79-842, unless the context otherwise requires:

Terms Used In Nebraska Statutes 79-824

  • Administrator: means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools. See Nebraska Statutes 79-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • School: means a school under the jurisdiction of a school board authorized by Chapter 79. See Nebraska Statutes 79-101
  • School year: means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours. See Nebraska Statutes 79-101
  • Teacher: means any certified employee who is regularly employed for the instruction of pupils in the public schools. See Nebraska Statutes 79-101
  • Year: shall mean calendar year. See Nebraska Statutes 49-801

(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 school district;

(2) School board means the governing board or body of any class of school district;

(3) Probationary certificated employee means a teacher or administrator who has served under a contract with the school district for less than three successive school years in any school district, unless extended one or two years by a majority vote of the board in a Class IV or V school district, except that after September 1, 1983, in Class IV and V school districts the requirement shall be three successive school years. Probationary certificated employee also means superintendents, regardless of length of service;

(4) Just cause means: (a) Incompetency, which includes, but is not limited to, demonstrated deficiencies or shortcomings in knowledge of subject matter or teaching or administrative skills; (b) neglect of duty; (c) unprofessional conduct; (d) insubordination; (e) immorality; (f) physical or mental incapacity; (g) failure to give evidence of professional growth as required in section 79-830 ; or (h) other conduct which interferes substantially with the continued performance of duties;

(5) Permanent certificated employee means a teacher or administrator who has served the probation period as defined in this section; and

(6) School year, for purposes of employment, means three-fourths of the school year or more on duty, exclusive of summer school.

A certificated employee who has been hired to fulfill the duties of another certificated employee who is on leave of absence shall not accrue rights under sections 79-824 to 79-842 during the period that the employee is fulfilling such duties.