Informal hearing; when held; procedures.
Hearings involving the question of the nonrenewal of a probationary certificated employee's contract or the nonrenewal of a superintendent shall not be due process hearings and shall not be required to meet the requirements of section 79-832 but shall be informal hearings at which the probationary certificated employee or superintendent, or his or her representative, shall be afforded the opportunity to discuss and explain his or her position with regard to continued employment, to present information, and to ask questions of those appearing on behalf of the school district. Such hearings shall be held in closed session at the request of the certificated employee or superintendent, or his or her representative, and upon affirmative vote of a majority of the school board members present and voting, but the formal action of the school board for nonrenewal shall be in open session.
Source:Laws 1982, LB 259, § 10; Laws 1993, LB 177, § 2; R.S.1943, (1994), § 79-12,116; Laws 1996, LB 900, § 464.
Neither this section nor any other statute dealing specifically with the subject of a school district's nonrenewal of a probationary employee's contract requires that a school board deliberate in open session following an open hearing. McQuinn v. Douglas Cty. Sch. Dist. No. 66, 259 Neb. 720, 612 N.W.2d 198 (2000).
The requirements for termination of a probationary employee of a school district authorize a more informal proceeding, but require notice of hearing, opportunity to appear in person or by representative, opportunity to offer evidence, and an open session in the event of a termination. Brennan v. School Dist. No. 21 of Holt County, 235 Neb. 948, 458 N.W.2d 227 (1990).
The termination of the contract of a probationary teacher requires only the affirmative vote of a majority of a quorum of the school board. Jeter v. Board of Education, 231 Neb. 80, 435 N.W.2d 170 (1989).
The notice of cancellation required by section 79-827 is fulfilled, even where the notice incorrectly states that any hearing will be an informal due process hearing pursuant to this section, if the notice states that all the formal due process hearing protections contained in section 79-832 will be provided. Schiefelbein v. School Dist. No. 0013, 17 Neb. App. 80, 758 N.W.2d 645 (2008).