Bentley v. School Dist. No. 025

In Bentley v. School Dist. No. 025, 255 Neb. 404, 586 N.W.2d 306 (1998) a probationary certificated teacher obtained a declaratory judgment that determined that she was not properly notified of the nonrenewal of her contract and that her contract for the previous year had been renewed for another year. In that case, 79-12,114 (now 79-831) provided that a probationary certificated employee whose contract may face nonrenewal should be notified of the possible action by April 15 of the year in which the action would take place, but the teacher was not notified until April 16. On that basis, the Bentley court held that the contract had been automatically renewed because the teacher was not given "sufficient statutory notice." 255 Neb. at 408, 586 N.W.2d at 310. The Bentley court therefore decided the sufficiency of the notice in a proceeding that was not an appeal from a decision of a school board not to renew such a contract.