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1992 Nebraska Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagne0002 and id is 1 raw text is: Opinion 92001 SUBJECT: The Commissioner of Education has no authority to enter into a settlement agreement with the holder of a certificate to teach in the public schools of this State to suspend or revoke the certificate for a time certain without first filing ~ petition and seeking a review thereof by the Professional Practices Commission unless the agreement calls for the maximum suspension or revocation of the certificate permitted by law. REQUESTED BY: Joe E. Lutjeharms, Commissioner of Education WRITTEN BY: Don Stenberg, Attorney General Harold Mosher, Senior Assistant Attorney General It appears from the facts stated in your letter of inquiry that a holder of a certificate to teach ~n the public schools of this State was found guilty of theft of a sum of money by unlawful taking in Violation .of Neb. Rev. Stat.. ~ 28-~II (Reissue 19891. Factually~ it also appears that pursuant to a civil complaint filed by. the school district an-investigation- was initiated and the certificate holder was. notified thereof. Subsequent thereto, it further appears from the facts stated in your inquire that the certificate holder proposed a settlement .of the complaint whereby the certificate holder would agree to an order by the Stag~. Board of Education revoking her certificate for a period, of one year You have asked if the Commissioner of Education and the holder of a certificate to teach in the public schools of this state may enter into an agreement involving the- suspension of the certificate for a time certain and seek the approval thereof by the State Board of Education without the filing of a petition and review by the Professional Practices Commission? It seems clear that the. Commissioner of Education has a duty to investigate any complaint that is filed with him, or which, is. otherwise called to his attention, which allegedly constitutes-legal grounds for the revocation or suspension of a certificate to teach in the schools in this state. If the alleged violation(s) is serious enough to ~<arrant suspension or revocation of a certificate to teach in the public schools, it also seems clear that the Professional Practices Commission, at the request of the State Board of Education, has a duty to hold a hearing thereon. Neb. Rev. Stat. § 79-1283 (Reissue 1987) plainly states: The commission recommendations shall be made a part of the record of the board in all cases of public school certificate revocation or suspension and reinstatement of a revoked public school certificate. It is therefore our opinion that the Commissioner of Education has no authority to enter into a Januaray 3, 1992

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