School board; employment of teachers and administrators; contracts; how executed; prohibitions.
A majority of the members of a school board of any school district may enter into a contract of employment with a legally qualified teacher or administrator. Such majority has authority to designate one or more members of the board to sign such contract, which signature shall be binding upon the entire board. A duplicate of such contract shall be filed with the secretary. No member of the board shall enter into or execute on behalf of the district any contract with any teacher or administrator related to him or her or to the majority of the board by blood or marriage notwithstanding section 49-1499.04. The secretary shall notify the State Department of Education, at the time the contract is made, of the length of the proposed term of school and the name of the teacher or administrator. No money belonging to the district shall be paid for teaching to any but legally qualified teachers, and a board shall not pay out money belonging to the school district to any teacher or administrator after such board has received a sworn statement upon behalf of a board that the services of the teacher or administrator in question are under previous contract to that board.
Source:Laws 1881, c. 78, subdivision IV, § 11, p. 348; Laws 1883, c. 72, § 7, p. 291; Laws 1901, c. 60, § 1, p. 432; R.S.1913, § 6773; Laws 1915, c. 117, § 1, p. 267; C.S.1922, § 6314; C.S.1929, § 79-411; Laws 1937, c. 182, § 1, p. 713; C.S.Supp.,1941, § 79-411; R.S.1943, § 79-411; Laws 1949, c. 256, § 349, p. 807; Laws 1971, LB 802, § 7; R.S.1943, (1994), § 79-1249; Laws 1996, LB 900, § 448; Laws 1999, LB 272, § 88; Laws 2001, LB 242, § 25.
Power of district to employ a teacher and to transact business of the school district implies power to discharge for cause before expiration of term. Arehart v. School District No. 8 of Hitchcock County, 137 Neb. 369, 289 N.W. 540 (1940).
Duty of employing teacher is vested in school board. Morfeld v. Huddin, 131 Neb. 180, 267 N.W. 350 (1936).
Title to office cannot be determined in injunction suit. School Dist. No. 77 of Phelps County v. Cowgill, 76 Neb. 317, 107 N.W. 584 (1906).
Without stipulation to contrary, teacher cannot be dismissed without cause. Wallace v. School Dist. No. 27 of Saline County, 50 Neb. 171, 69 N.W. 772 (1897).
Contract is one of employment. Discretion of board cannot be controlled by writ of mandamus procured by voters of district. State ex rel. Lewellen v. Smith, 49 Neb. 755, 69 N.W. 114 (1896).
Contract with teacher is binding though moderator was not consulted. Montgomery v. State ex rel. Thompson, 35 Neb. 655, 53 N.W. 568 (1892).
Contract made by de facto officer binds district. School Dist. No. 25 of Hall County v. Cowee, 9 Neb. 53, 2 N.W. 235 (1879).