It's the Law

Outlined below are synopses of Nebraska Law as applicable to the Omaha Public Schools.

Continuing Contract Law
Reduction in Force Law
Duty-Free Lunch Law
Open Personnel File Law
Teacher Contract Law

A Synopsis of the Continuing Contract Law: As Applicable to the Omaha Public Schools

79-824 through 79-842 of the Nebraska Revised Statutes

Probationary teacher provisions
1. The probationary period shall be three years if 4/5 time or more FTE (full-time equivalency).
2. If less than 4/5 time but 1/2 time or more, the accrual of permanent status shall be prorated at a rate proportionate to the FTE.
3. Less than 1/2 time teachers cannot attain permanent status.
4. A teacher cannot lose permanent status by being reduced to less than 1/2 time.
5. All probationary teachers must be evaluated as established by the OPS Board of Education (once each year).
6. A probationary teacher must be notified in writing on or before April 15 of any intent to amend or non-renew the contract.
7. The probationary teacher must request a hearing in writing within seven (7) calendar days of receipt of a notice of amendment or non-renewal of contract.
8. The hearing is not required to be a due process hearing but reasons for non-renewal must be given.
9. If the dismissal is for purposes of reduction in force, the probationary employee shall be afforded a formal due process hearing.
10. Prior to the scheduling of a hearing all matters pertaining to non-renewal must remain confidential.
11. Cancellation of a probationary teacher's contract must be for just cause reasons.
Permanent teacher provisions
1. A permanent teacher shall be a teacher who has received the 4th contract or if less than 4/5 FTE has achieved permanent status by accrual of prorated time in the same school system.
2. Termination or cancellation of a contract shall be for just cause reasons.
  1. Incompetency
  2. Neglect of duty
  3. Unprofessional conduct
  4. Insubordination
  5. Immorality
  6. Physical or mental incapacity
  7. Failure to give evidence of professional growth
  8. Other conduct interfering with the performance of duties
3. A permanent teacher must be notified on or before April 15 of the intent to terminate the contract.
4. A teacher must request a hearing within seven (7) calendar days of the receipt of a notice.
5. A permanent teacher's termination may be subject to review in district court.
Cancellation of contract
1. Cancellation of contract can occur at any time during the school year if sufficient evidence exists.
  1. The rights are the same for both probationary and permanent teachers.
2. Cancellation can occur for just cause reasons.
  1. Loss of required certificate
  2. Reasons set forth in contract (see Article II Item 7 in Master Agreement between the Omaha Education Association and the Omaha Public Schools)
  3. Breach of contract
  4. Incompetency
  5. Neglect of duty
  6. Unprofessional conduct
  7. Insubordination
  8. Immorality
  9. Physical or mental incapacity
3. Notice of cancellation must be responded to by a written request for a hearing within seven (7) calendar days.
4. The hearing shall be a formal due process hearing.
Discipline other than termination, non-renewal, or cancellation.
1. Counsel
2. Oral reprimand
3. Written reprimand
  1. Employee must be told such action is to take place with reasons and be able to respond before the action is reduced to writing. A copy of the reprimand must be given to the employee.
  2. A written reprimand may be grieved in accordance with the negotiated grievance procedure.
  3. A response may be made to any written reprimand.
4. Suspension without pay not to exceed 30 days.
  1. If, after discussion with the administration, suspension without pay is ordered, the teacher may request a hearing in writing within seven (7) days of the notice.
Leave of absence
1. May be granted by the Board for any reason deemed appropriate.
2. May be required by the Board with proper procedure for physical and mental disability.
Assignments
1. A teacher may be assigned any duties for which there is proper certification, endorsement, or college preparation.
2. Teachers cannot be assigned duties for which they are not qualified without mutual consent.
3. Not teaching in endorsed areas can affect certification.
Important Dates
1. March 15 - a teacher cannot be required to sign an individual contract before this date.
2. April 15 - notices of non-renewal or termination must be received on or before this date.
3. May 15 - all contracts are renewed automatically on this date unless the school board has taken action to the contrary.

REMEMBER - to contact the OEA if you receive a negative evaluation, reprimand, notice of termination, non-renewal, cancellation, or any other suspicious document that needs interpretation.

All negative evaluations and reprimands should be responded to with the assistance of the Staff at the OEA. There is no time limit on this. To not respond can be construed as agreement.

All notices regarding continued employment must be responded to within seven (7) days.

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A Synopsis of the Reduction in Force Law: As Applicable to the Omaha Public Schools

79-846 through 79-849 of the Nebraska Revised Statutes

Reduction in Force (RIF) policies
1. The policy adopted by the Board of Education should be reviewed if a threat of RIF exists.
2. The policy must designate the criteria that shall be used to determine who shall be RIFed.
3. No permanent teacher may be reduced if a vacancy or position held by a probationary teacher exists for which a permanent teacher is qualified by reason of endorsement.
Legal requirements
1. Notices of possible RIF must be received on or before April 15.
2. Response to a RIF notice must occur in writing within seven (7) days in order to request a hearing.
3. Evidence must be shown that a change in circumstances has occurred necessitating a reduction in force by the administration.
  1. Financial necessity
  2. Change in student enrollment
  3. Change in program offered
Legal rights of a RIFed teacher
1. Must be considered dismissed with honor and a letter to that effect must be provided upon request.
2. Has right of recall to any position for which qualified, for 24 months from September 1 of the following year.
3. Retains all benefits accrued if reinstated but the district need not give years of credit for the leave of absence.

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A Synopsis of the Duty-Free Lunch Law: As Applicable to the Omaha Public Schools

79-8,107 of the Nebraska Revised Statutes

With the exception of one teacher schools, all teachers must be provided 30 minutes of uninterrupted time for lunch with no teaching or supervisory duties.

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A Synopsis of the Open Personnel File Law: As Applicable to the Omaha Public Schools

79-8,109 and 79-539 of the Nebraska Revised Statutes

Access and response
1. Upon request any teacher shall have access to his\her personnel file.
2. The teacher shall have a right to respond to any item in said file.
3. Board policy must be adopted regarding personnel files.
Inventorying a personnel file
1. Every teacher should inventory their personnel file once per year and at any time problems are suspected.
2. Inventorying the file should consist of making a list of the complete contents of the file in the presence of a witness who shall sign and date the inventory and one copy should be retained in the file.
3. All negative documents should have a response prepared with the assistance of the OEA Staff.

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A Synopsis of the Teacher Contract Law: As Applicable to the Omaha Public Schools

79-817 through 79-821 of the Nebraska Revised Statutes

Contract shall be in writing on a form recommended by the Department of Education.
Contents of contract shall include:
1. Affirmation of eligibility for a valid certificate.
2. Affirmation that teacher is not under contract to another school district.
3. A provision that breaking a contract may result in the suspension of a certificate for not more than one year.