What if I disagree with the outcome of the Complaint I filed?
You still have all of the legal rights and recourse you would have against the person you filed the Complaint against that you would have otherwise had, had you not filed the Complaint. There is no appeals procedure for the individual who filed the Complaint against the Department of Education.
What is the national clearinghouse and how is disciplinary action publicized?
The Nebraska Department of Education participates in the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse that all 50 states participate in. States uses this resource to ensure teachers have not been disciplined in another state. In addition all public sanctions may be found on our website here. In addition, cases that resulted in a revocation or suspension recommendation from the Nebraska Professional Practices Commission may be found on their website here.
Can an educator teach in another state if the educator received a reprimand or had his/her certificate suspended or revoked in Nebraska?
That depends on the laws of the state the educator wants to teach in. The Nebraska Department of Education will report any public sanctions to a national clearinghouse. See question regarding publicity and the national clearinghouse.
What happens after the Professional Practices Commission makes a recommendation?
The PPC makes a decision based upon the record made before it, and parties are provided with a copy of the PPC decision. If the decision of the PPC includes a recommendation to suspend or revoke a certificate, then the State Board of Education will review the recommendations. At a future Nebraska State Board of Education dispositional hearing, the State Board will review the transcripts and evidence presented during the Professional Practices Commission hearing and decide whether to accept the recommendation and order the recommended sanction, or modify the recommendations made.
Can I represent myself at a hearing?
Yes. If you are unsure about how to present your case and/or you are unfamiliar with the rules of evidence, you would be wise to consult with an attorney. See question regarding obtaining legal advice.
What is a default hearing?
The Commission holds a hearing on the Petition filed and the Commissioner’s attorney will formally present the Commissioner’s evidence on the record and will argue for a specific sanction. The Professional Practices Commission will deliberate and make a formal recommendation to the Nebraska State Board of Education. See question 46.
What if I fail to file an Answer to a Petition?
If you do not file an Answer within 21 days, then you are in default and the Professional Practices Commission regulations treat your default as an admission to the allegations in a Petition.
What if I want to contest the allegations and/or the recommendations contained in the investigation Report that resulted from a complaint filed against me?
If the recommendation is for a reprimand or admonishment, and you do not agree and will not accept the recommended sanction, then a Petition will be filed with the Professional Practices Commission, which becomes a public record. See question 34.
What if information in the Report is wrong?
You will have 12 days from the time you receive the report to file Exceptions to the Report for the Commissioner’s consideration.
Will I know what the results of the investigation are against me?
Yes. You will receive a copy of the investigation Report with the recommendation to the Commissioner.
Can I voluntarily surrender my certificate?
You are always free to voluntarily surrender your certificate. A Voluntary Surrender is treated the same as a permanent revocation and will still be publicized and the information provided to other states. You or your attorney may contact the Certification Investigations office for more information about how to surrender your certificate.
What if I don’t want to be an educator anymore?
You are always free to voluntarily surrender your certificate. A Voluntary Surrender is treated the same as a permanent revocation and will still be publicized and the information provided to other states. You or your attorney may contact the Certification Investigations office for more information about how to surrender your certificate.
Should I request a personal conference?
This would be a great question to consult with an attorney about. We cannot provide legal advice. See question about legal advice.
What is a personal conference?
A personal conference is a meeting with yourself, and your attorney if you have one, with the Investigator where you will be given the opportunity to provide any information you would like in regards to the allegations. You will also be asked questions by the Investigator about the allegations. You are not required to take advantage of the opportunity for a personal conference and you may provide documentation and/or any statements in writing if you elect not to have a conference.
A Complaint was filed against me, do I need an attorney?
The Nebraska Department of Education would strongly encourage you to at least consult with an attorney experienced in education and/or administrative law. However, you are not required to have an attorney represent you.