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

(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.

Annotations

Unprofessional conduct must be conduct directly related to the fitness of the actor to act in his or her professional capacity. Unprofessional conduct is that conduct which breaches the rules or ethical code of a profession or conduct which is unbecoming a member in good standing of a profession. The use of corporal punishment by a teacher, in violation of section 79-295, may subject the teacher to discipline under this section. Daily v. Board of Ed. of Morrill Cty. School Dist. No. 62-0063, 256 Neb. 73, 588 N.W.2d 813 (1999).

While subsection (4) of this section (formerly subsection (4) of section 79-12,107) does not define neglect of duty, evidence that a particular duty was not competently performed on certain occasions, or evidence of an occasional neglect of some duty of performance does not ordinarily establish incompetency or neglect of duty sufficient to constitute just cause for termination. Pursuant to subsection (4) of this section (formerly subsection (4) of section 79-12,107), unprofessional conduct must be conduct directly related to the employee's fitness to act in his or her professional capacity. Boss v. Fillmore Cty. Sch. Dist. No. 19, 251 Neb. 669, 559 N.W.2d 448 (1997).