Nebraska Revised Statute 79-866
Chapter 79 Section 866
Board; powers and duties.
(1) The board shall adopt and promulgate rules and regulations establishing standards of professional practices for teachers and administrators holding certificates in areas including, but not limited to: (a) Ethical and professional performance; (b) competency; (c) continuance in professional service; and (d) contractual obligations. The board shall receive the advice and counsel of the commission in the adoption of such standards as the standards apply to the holders of public school certificates.
(2) The board may, for just cause, revoke or suspend any teacher's or administrator's certificate.
Violation of the standards established pursuant to this section, commission of an immoral act, or conviction of a felony under the laws of this state shall constitute just cause for the revocation or suspension of a teacher's or administrator's certificate by the board. The revocation or suspension of a certificate shall terminate the employment of such teacher or administrator. The board shall immediately notify the secretary or the school board or board of education of the school district where such teacher or administrator is employed of such revocation or suspension, shall notify the teacher or administrator of such revocation or suspension, and shall record the action in the matter in the books or records of the State Board of Education.
- Laws 1967, c. 549, § 3, p. 1813;
- Laws 1969, c. 731, § 1, p. 2766;
- Laws 1971, LB 103, § 1;
- Laws 1984, LB 994, § 12;
- Laws 1989, LB 575, § 1;
- Laws 1993, LB 348, § 36;
- R.S.1943, (1994), § 79-1282;
- Laws 1996, LB 900, § 491.
A violation of the competency standards of the Professional Practices Commission is not, in itself, grounds for terminating the contract of a tenured teacher unless they constitute just cause within the meaning of former section 79-1254. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982).
The competency standards of the Professional Practices Commission are not designed for use by a school board, and in the absence of evidence that the school board has adopted those standards as their own, the school board may not terminate a tenured teacher's contract because of a violation of those standards unless the termination is the result of investigation conducted under former section 79-1282. Schulz v. Board of Education, 210 Neb. 513, 315 N.W.2d 633 (1982).