Reduction in force; board of education and school district administration; duties.
Before a reduction in force occurs, the school board or board of education and the school district administration shall present competent evidence demonstrating that a change in circumstances has occurred necessitating a reduction in force. Any alleged change in circumstances must be specifically related to the teacher or teachers to be reduced in force, and the board, based upon evidence produced at the hearing required by sections 79-824 to 79-842, shall be required to specifically find that there are no other vacancies on the staff for which the employee to be reduced is qualified by endorsement or professional training to perform.
Source:Laws 1978, LB 375, § 2; Laws 1985, LB 633, § 10; R.S.1943, (1994), § 79-1254.06; Laws 1996, LB 900, § 477.
Before a school board may terminate a teacher's employment because of a reduction in force, it must establish via proof at the hearing (1) a change in circumstances necessitating a reduction in force, (2) that the change in circumstances specifically relates to the teacher to be affected, and (3) that there are no vacancies in the staff for which the teacher to be affected is qualified. A school board has authority to effectuate a reduction in force in accordance with Nebraska statutes. Nickel v. Saline Cty. Sch. Dist. No. 163, 251 Neb. 762, 559 N.W.2d 480 (1997).
In order to support the amendment of a permanent certified teacher's contract on the basis of a reduction in force, the evidence produced at the hearing must establish the contents of the school's reduction in force policy. Trolson v. Board of Ed. of Sch. Dist. of Blair, 229 Neb. 37, 424 N.W.2d 881 (1988).