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1984 Nebraska Attorney General Reports and Opinions 1 (1984)

handle is hein.sag/sagne0016 and id is 1 raw text is: DEPARTMENT OF JUSTICE STATE OP NEBRASKA TELEPHONE 4021471.262 * STATE CAPIYOL * LINCOLN, NESRASKA 08509 January 3, 1984 SUBJECT: REQUESTED BY: OPINION BY: QUESTION: CONCLUSIONs PAUL L, DOUGLAS Aownwne a ERALO. VITAMVAS Deputy Attorey Goeo Deputyi Attorney Genera Fair Employment Practice Act Relating to Probationary Teachers Lawrence R. Myers Executive Director Nebraska Equal Opportunity Commission Paul L. Douglas, Attorney General Dale D. Brodkey, Assistant Attorney General Are probationary teachers protected by the Nebraska Fair Employment Practice Act, Neb.Rev.Stat. S48-1101 to 548-1126? Yes. You have asked whether a school district can terminate a probationary teacher even if-.it is for a discriminatory reason and use as its defense the language in Neb.Rev.Stat. S79-1254 which states that probationary teachers may be terminated without just cause. As an initial matter, 579-1254 has been repealed. The statutory provisions covering tenure of teachers and administrato are now found at Neb.Rev.Stat. S79-12,107 to 579-12,121 (kum.Supp. 1982). It is our opinion that school boards mu,t comply with the requirements of the Fair Employment P tctice Act (FEPA) even if they are dealing with nrLhationary teachers and administrators. The definition of 'employer* under the FEPA is found at S48-1102(2) (Supp. 1983). It specifically includes the State of Nebraska, governmental agencies, and political subdivisi . chool boards clearly fit under this definition. Under the FEPA, an employee is defined as an goard L. PacIset Petrch I. Ogtn DW A. Cow J 0. Segn Me Karroeriehr J. K & aeu. Metl J. aily M.rey M. wer W ria k Moe Noge Ne Ma 0 St t M. ow's RW H. Ge hae M. LUp D0 C 011101 Tory R. St Ams E Ose STATE OF NEBRASKA OFFIC* AL JAN' 3 JIC DEPT. OF JUSTICE