Nebraska Compilation of School Discipline Laws and Regulations - Prepared: January 26, 2018
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Nebraska
Compilation of School
Discipline Laws and
Regulations
Prepared: January 26, 2018Introduction This compilation presents school discipline-related laws and regulations for U.S. states, U.S. territories, and the District of Columbia, and, where available, links to education agency websites or resources related to school discipline and student conduct. The discipline laws and regulations presented in this compilation have been categorized by type of specific discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on school grounds). The school discipline laws and regulations were compiled through exhaustive searches of legislative websites that identified all laws and regulations relevant to each specific category. Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington D.C., and the U.S. territories. Discipline categories were not mutually exclusive. Laws and regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate discipline category. Laws, ordered by chapter and section number, appear first within each category followed by regulations. All laws and regulations listed within categories in the compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures. Additional links to government websites or resources are provided at the end of this document. Notes & Disclaimers To the best of the preparer’s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of January 2018. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center’s website. Prepared by: Child Trends EMT Associates, Inc. 7315 Wisconsin Avenue 1631 Creekside Drive Suite 1200W Suite 100 Bethesda, Maryland 20814 Folsom, California 95630
Table of Contents Nebraska State Codes Cited ...................................................................................................................... 1 General Provisions ..................................................................................................................................... 4 Authority to develop and establish rules of conduct.................................................................................. 4 Scope ........................................................................................................................................................ 6 Communication of policy ........................................................................................................................... 6 In-School Discipline .................................................................................................................................... 8 Use of multi-tiered discipline approaches ................................................................................................. 8 Teacher authority to remove students from classrooms ........................................................................... 8 Alternatives to suspension ........................................................................................................................ 8 Use of corporal punishment ...................................................................................................................... 8 Use of student and locker searches .......................................................................................................... 8 Other in-school disciplinary approaches ................................................................................................... 9 Out-of-School and Exclusionary Discipline: Suspensions, Expulsion, Restraint and Seclusion, and Alternative Placements .................................................................................................. 10 Grounds for possible suspension or expulsion ....................................................................................... 10 Grounds for mandatory suspension or expulsion ................................................................................... 11 Limitations, conditions or exclusions for use of suspension and expulsion ............................................ 12 Administrative procedures related to suspension and expulsion ............................................................ 13 In-school suspension .............................................................................................................................. 20 Return to school following removal ......................................................................................................... 20 Use of restraint and seclusion ................................................................................................................. 21 Alternative placements ............................................................................................................................ 21 Disciplinary Approaches Addressing Specific Infractions and Conditions ....................................... 24 Firearms (as required by the Gun-Free Schools Act) ............................................................................. 24 Other weapons ........................................................................................................................................ 26 Students with chronic disciplinary issues ................................................................................................ 26 Attendance and truancy .......................................................................................................................... 27 Substance use......................................................................................................................................... 32 Bullying, harassment, or hazing .............................................................................................................. 32 Other special infractions or conditions .................................................................................................... 33 Prevention and Behavioral Interventions (Non-Punitive) ..................................................................... 34 Prevention ............................................................................................................................................... 34 Behavioral interventions and student support services........................................................................... 34 Professional development ....................................................................................................................... 34 Monitoring and Accountability ................................................................................................................ 36 Formal incident reporting of conduct violations ....................................................................................... 36 Parental notification ................................................................................................................................. 38 Reporting and referrals between schools and law enforcement ............................................................. 39 Disclosure of school records ................................................................................................................... 41 Data collection, review, and reporting of disciplinary policies and actions ............................................. 45
School Resource and Safety Officers (SROs/SSOs) and Truant/Attendance Officers ...................... 48 Authority and power to implement school arrest ..................................................................................... 48 Certification or training ............................................................................................................................ 48 MOUs, authorization, and/or funding ...................................................................................................... 48 State Education Agency Support ............................................................................................................ 50 State model policies and implementation support .................................................................................. 50 Funding appropriations ........................................................................................................................... 50 Other or Uncategorized ............................................................................................................................ 51 Professional immunity or liability ............................................................................................................. 51 Community input or involvement ............................................................................................................. 51 Other or Uncategorized ........................................................................................................................... 51 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .............. 53
Nebraska State Codes Cited
Nebraska Revised Statutes
Chapter 28. Crimes and Punishments
28-1204.04. Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain
firearms; disposition
Chapter 79. Schools
79-201. Compulsory education; attendance required; exceptions; reports required
79-202. Compulsory attendance; withdrawal of child from school; exempt from mandatory
attendance; exit interview; withdrawal form; validity; child at least sixteen years of age;
other enrollment options; later enrollment; effect; Commissioner of Education; duties
79-203. Compulsory attendance; necessarily employed children; permit
79-204. Compulsory attendance; necessarily employed children; continuation schools;
attendance required
79-205. Compulsory attendance; record of attendance; annual attendance reports; made where
79-206. Compulsory attendance; nonattendance lists; transmission to enforcement officers
79-207. Compulsory attendance; entry or withdrawal of student; teachers' attendance reports
79-208. Compulsory attendance; attendance officers; powers and duties; compensation
79-209. Compulsory attendance; nonattendance; school district; duties; collaborative plan;
considerations; referral to county attorney; notice
79-210. Violations; penalty
79-256. Terms, defined
79-257. School board or board of education; emergency disciplinary actions; authorized
79-258. Administrative and teaching personnel; authorized actions
79-259. Student suspension, expulsion, or exclusion; not a violation of compulsory attendance;
compliance with other laws required
79-260. Notice; when given
79-261. School board or board of education; powers; delegation of authority
79-262. School board or board of education; rules and standards; establish; distribute and post
79-263. School district; policy regarding firearms; requirements
79-264. Student; exclusion; circumstances; emergency exclusion; procedure
79-265. Principal; suspend student; grounds; procedure; written statement; conference;
guidelines for completion of classwork
79-266. Pre-expulsion procedures; when; expelled student; alternative assignments; suspension
of enforcement; agreement between school boards; reinstatement; when; expungement
79-266.01. Expelled student; enrollment in public school; when
79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory
reassignment; enumerated; alternatives for truant or tardy students
79-268. Long-term suspension, expulsion, or mandatory reassignment; procedures; enumerated
79-269. Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure;
hearing examiner; how designated; examination of records
79-270. Hearing examiner; duties
79-271. Hearing; not requested within five days; recommended punishment; effect
79-272. Hearing; requested within thirty days; effect
79-273. Hearing; by whom attended; witnesses; student excluded; when
Nebraska Compilation of School Discipline Laws and Regulations Page 179-275. Hearing; student; testimony
79-276. Hearing; evidence on student's conduct and records
79-277. Hearing; rules of evidence or courtroom procedures; not applicable
79-278. Hearing; witnesses; testimony; cross-examination
79-279. Hearing; witnesses; immunity
79-280. Hearing; recorded; how paid
79-281. Hearing; joint hearing; separate hearings; when
79-282. Hearing; hearing examiner; report; contents; review; final disposition; how determined
79-283. Hearing; final disposition; written notice; effect; period of expulsion; review; when;
procedure; readmittance
79-284. Case record; contents
79-285. Hearing; appeal to school board or board of education; procedure
79-286. Hearing; appeal; school board or board of education; powers and duties
79-287. Hearing; appeal; board; final action
79-288. Final decision; judicial review; appeal to district court; other relief
79-289. Judicial review; procedure
79-290. Judicial review; transcript of record and proceedings; responsive pleading not required
79-291. Judicial review; conducted without a jury; grounds for judicial action
79-292. Appeal
79-293. Nebraska criminal code violation; principal or principal's designee; notify law enforcement
authorities; immunity
79-294. Removal of minor from school premises; release to peace officer; principal or other
school official; duties; peace officer; duties; juvenile court review; when
79-295. Corporal punishment; prohibited
79-296. Anabolic steroids; additional sanction
79-2,101. Public schools; membership in secret organizations, prohibited
79-2,102. Public schools; secret organizations; denial of school privileges; expulsion
79-2,103. Public schools; outside organizations; rushing prohibited; violation; penalty
79-2,104. Access to school files or records; limitation; fees; disciplinary material; removed and
destroyed; when; sharing of student data, records, and information
79-2,105. School files or records; provided upon student's transfer
79-2,137. School district; development and adoption of bullying prevention and education policy;
review
79-2,141. Model dating violence policy; department; school district; duties; publication; staff training;
redress under other law
79-2,142. School district; incorporate dating violence education
79-2,143. State school security director; appointment
79-2,144. State school security director; duties
79-2,145. Rules and regulations
79-2,146. Suicide awareness and prevention training
79-2,153. Act, how cited
79-2,154. Terms, defined
79-2,155. Operator; prohibited acts; duties; use or disclosure of covered information; applicability of
section
Nebraska Compilation of School Discipline Laws and Regulations Page 2Nebraska Administrative Code Title 92. Nebraska Department of Education Chapter 17. Approval of Alternative Schools, Classes, or Programs for Expelled Students 001. General Information 002. Definitions 003. Establishment and general requirements of alternative schools, classes, or programs 004. Reporting procedures 005. Procedures for schools not providing schools, classes, or programs Nebraska Compilation of School Discipline Laws and Regulations Page 3
General Provisions Authority to develop and establish rules of conduct LAWS R.R.S. Neb. § 79-257. School board or board of education; emergency disciplinary actions; authorized. The school board or board of education may authorize the emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment of any pupil from school for conduct prohibited by the board's rules or standards established pursuant to the Student Discipline Act if such emergency exclusion, short-term or long-term suspension, expulsion, or mandatory reassignment complies with the procedures required by the act. R.R.S. Neb. § 79-258. Administrative and teaching personnel; authorized actions. Administrative and teaching personnel may take actions regarding student behavior, other than those specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation. R.R.S. Neb. § 79-261. School board or board of education; powers; delegation of authority. (1) The school board or board of education may by rule amplify, supplement, or extend the procedures provided in the Student Discipline Act if such actions are not inconsistent with the act. (2) Any action taken by the school board or board of education or by its employees or agents in a material violation of the act shall be considered null, void, and of no effect. (3) The school board or board of education may authorize the delegation to other school officials of responsibilities directed to the principal or superintendent by the act. R.R.S. Neb. § 79-262. School board or board of education; rules and standards; establish; distribute and post. (1) The school board or board of education shall establish and promulgate rules and standards concerning student conduct which are reasonably necessary to carry out or to prevent interference with carrying out any educational function, if such rules and standards are clear and definite so as to provide clear notice to the student and his or her parent or guardian as to the conduct prescribed, prohibited, or required under the rules and standards. Notwithstanding any other provisions contained in the Student Discipline Act, the school board or board of education may by rule specify a particular action as a sanction for particular conduct. Any such action must be otherwise authorized by section 79-258, 79-265, or 79-267. Any such rule shall be binding on all students, school officials, board members, and hearing examiners. Expulsion may be specified as a sanction for particular conduct only if the school board or board of education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or any other person or to otherwise seriously interfere with the educational process. Nebraska Compilation of School Discipline Laws and Regulations Page 4
(2) All rules and standards established by school officials, other than the board, applicable to students
shall not conflict with rules and standards adopted by the board. The board may change any rule or
standard in accordance with policies which it may from time to time adopt.
R.R.S. Neb. § 79-263. School district; policy regarding firearms; requirements.
(1) Each school district shall adopt a policy requiring the expulsion from school for a period of not less
than one year of any student who is determined to have knowingly and intentionally possessed, used, or
transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being
used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his
or her designee, or at a school-sponsored activity or athletic event. For purposes of this section, firearm
means a firearm as defined in 18 U.S.C. 921. The policy shall authorize the superintendent or the school
board or board of education to modify the expulsion requirement on an individual basis.
(2) Each school district shall provide annually to the State Department of Education:
(a) An assurance that the school district has in effect the policy required by subsection (1) of this
section; and
(b) A description of the circumstances surrounding any expulsions imposed under the policy required by
subsection (1) of this section, including:
(i) The name of the school concerned;
(ii) The number of students expelled from the school; and
(iii) The types of weapons concerned.
R.R.S. Neb. § 79-2,137. School district; development and adoption of bullying prevention and
education policy; review.
(3) On or before July 1, 2009, each school district as defined in section 79-101 shall develop and adopt a
policy concerning bullying prevention and education for all students.
(4) The school district shall review the policy annually.
R.R.S. Neb. § 79-2,141. Model dating violence policy; department; school district; duties;
publication; staff training; redress under other law.
(1) On or before March 1, 2010, the department shall develop and adopt a model dating violence policy to
assist school districts in developing policies for dating violence.
(2) On or before July 1, 2010, each school district shall develop and adopt a specific policy to address
incidents of dating violence involving students at school, which shall be made a part of the requirements
for accreditation in accordance with section 79-703. Such policy shall include a statement that dating
violence will not be tolerated. […]
R.R.S. Neb. 79-2,145. Rules and regulations.
The State Board of Education, based on the recommendations of the state school security director
appointed pursuant to section 79-2,143, may adopt and promulgate rules and regulations establishing
minimum school security standards on or before July 1, 2016.
R.R.S. Neb. 79-2,146. Suicide awareness and prevention training.
(3) The department may adopt and promulgate rules and regulations to carry out this section.
REGULATIONS
No relevant regulations found.
Nebraska Compilation of School Discipline Laws and Regulations Page 5Scope LAWS R.R.S. Neb. § 79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students. [...] student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event [...] REGULATIONS No relevant regulations found. Communication of policy LAWS R.R.S. Neb. § 79-260. Notice; when given. Any statement, notice, recommendation, determination, or similar action specified in the Student Discipline Act shall be effectively given at the time written evidence thereof is delivered personally to or upon receipt of certified or registered mail or upon actual knowledge by a student or his or her parent or guardian. R.R.S. Neb. § 79-262. School board or board of education; rules and standards; establish; distribute and post. (1) The school board or board of education shall establish and promulgate rules and standards concerning student conduct which are reasonably necessary to carry out or to prevent interference with carrying out any educational function, if such rules and standards are clear and definite so as to provide clear notice to the student and his or her parent or guardian as to the conduct prescribed, prohibited, or required under the rules and standards.[...] (3) Rules or standards which form the basis for discipline shall be distributed to each student and his or her parent or guardian at the beginning of each school year, or at the time of enrollment if during the school year, and shall be posted in conspicuous places in each school during the school year. Changes in rules and standards shall not take effect until reasonable effort has been made to distribute such changes to each student and his or her parent or guardian. R.R.S. Neb. § 79-2,141. Model dating violence policy; department; school district; duties; publication; staff training; redress under other law. (3) To ensure notice of a school district's dating violence policy, the policy shall be published in any school district handbook, manual, or similar publication that sets forth the comprehensive rules, procedures, and standards of conduct for students at school. (5) Each school district shall inform the students' parents or legal guardians of the school district's dating violence policy. If requested, the school district shall provide the parents or legal guardians a copy of the school district's dating violence policy and relevant information. Nebraska Compilation of School Discipline Laws and Regulations Page 6
REGULATIONS No relevant regulations found. Nebraska Compilation of School Discipline Laws and Regulations Page 7
In-School Discipline Use of multi-tiered discipline approaches LAWS No relevant laws found. REGULATIONS No relevant regulations found. Teacher authority to remove students from classrooms LAWS No relevant laws found. REGULATIONS No relevant regulations found. Alternatives to suspension LAWS R.R.S. Neb. § 79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students. (1) It is the intent of the Legislature that alternatives to suspension or expulsion be imposed against a student who is truant, tardy, or otherwise absent from required school activities. REGULATIONS No relevant regulations found. Use of corporal punishment LAWS R.R.S. Neb. § 79-295. Corporal punishment; prohibited. Corporal punishment shall be prohibited in public schools. REGULATIONS No relevant regulations found. Use of student and locker searches LAWS No relevant laws found. Nebraska Compilation of School Discipline Laws and Regulations Page 8
REGULATIONS No relevant regulations found. Other in-school disciplinary approaches LAWS No relevant laws found. REGULATIONS No relevant regulations found. Nebraska Compilation of School Discipline Laws and Regulations Page 9
Out-of-School and Exclusionary Discipline: Suspensions, Expulsion, Restraint and Seclusion, and Alternative Placements Grounds for possible suspension or expulsion LAWS R.R.S. Neb. § 79-264. Student; exclusion; circumstances; emergency exclusion; procedure. (1) Any student may be excluded from school in the following circumstances, subject to the procedural provisions of section 79-265, and, if longer than five school days, subject to the provisions of subsection (3) of this section: (a) If the student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health or safety of the school community; or (b) If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education. R.R.S. Neb. § 79-265. Principal; suspend student; grounds; procedure; written statement; conference; guidelines for completion of classwork. (1) The principal may deny any student the right to attend school or to take part in any school function for a period of up to five school days on the following grounds: (a) Conduct constituting grounds for expulsion as set out in the Student Discipline Act; or (b) Any other violation of rules and standards of behavior adopted under the act. R.R.S. Neb. § 79-267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students. The following student conduct shall constitute grounds for long-term suspension, expulsion, or mandatory reassignment, subject to the procedural provisions of the Student Discipline Act, when such activity occurs on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event: (1) Use of violence, force, coercion, threat, intimidation, or similar conduct in a manner that constitutes a substantial interference with school purposes; (2) Willfully causing or attempting to cause substantial damage to property, stealing or attempting to steal property of substantial value, or repeated damage or theft involving property; (3) Causing or attempting to cause personal injury to a school employee, to a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this subdivision; (4) Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student; (5) Knowingly possessing, handling, or transmitting any object or material that is ordinarily or generally considered a weapon; (6) Engaging in the unlawful possession, selling, dispensing, or use of a controlled substance or an imitation controlled substance, as defined in section 28-401, a substance represented to be a controlled Nebraska Compilation of School Discipline Laws and Regulations Page 10
substance, or alcoholic liquor as defined in section 53-103.02 or being under the influence of a controlled substance or alcoholic liquor; (7) Public indecency as defined in section 28-806, except that this subdivision shall apply only to students at least twelve years of age but less than nineteen years of age; (8) Engaging in bullying as defined in section 79-2,137; (9) Sexually assaulting or attempting to sexually assault any person if a complaint has been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person, including sexual assaults or attempted sexual assaults which occur off school grounds not at a school function, activity, or event. For purposes of this subdivision, sexual assault means sexual assault in the first degree as defined in section 28-319, sexual assault in the second degree as defined in section 28-320, sexual assault of a child in the second or third degree as defined in section 28-320.01, or sexual assault of a child in the first degree as defined in section 28- 319.01, as such sections now provide or may hereafter from time to time be amended; (10) Engaging in any other activity forbidden by the laws of the State of Nebraska which activity constitutes a danger to other students or interferes with school purposes; or (11) A repeated violation of any rules and standards validly established pursuant to section 79-262 if such violations constitute a substantial interference with school purposes. R.R.S. Neb. § 79-2,102. Public schools; secret organizations; denial of school privileges; expulsion. Any school board or board of education may deny any or all school privileges to any regularly enrolled student who violates section 79-2,101 or may expel any such student for failure or refusal to comply with such section. REGULATIONS No relevant regulations found. Grounds for mandatory suspension or expulsion LAWS R.R.S. Neb. § 79-263. School district; policy regarding firearms; requirements. (1) Each school district shall adopt a policy requiring the expulsion from school for a period of not less than one year of any student who is determined to have knowingly and intentionally possessed, used, or transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. For purposes of this section, firearm means a firearm as defined in 18 U.S.C. 921. The policy shall authorize the superintendent or the school board or board of education to modify the expulsion requirement on an individual basis. REGULATIONS No relevant regulations found. Nebraska Compilation of School Discipline Laws and Regulations Page 11
Limitations, conditions or exclusions for use of suspension and expulsion LAWS R.R.S. Neb. § 79-259. Student suspension, expulsion, or exclusion; not a violation of compulsory attendance; compliance with other laws required. If a student is suspended, expelled, or excluded from school or from any educational function pursuant to the Student Discipline Act, such absence from school shall not be deemed a violation on the part of any person under any compulsory school attendance statutes. Any suspension or expulsion under the act shall comply with the requirements of the Special Education Act and the requirements of the federal Individuals with Disabilities Education Act, 20 U.S.C. 1401 et seq. R.R.S. Neb. § 79-262. School board or board of education; rules and standards; establish; distribute and post. (1) [...] Expulsion may be specified as a sanction for particular conduct only if the school board or board of education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or any other person or to otherwise seriously interfere with the educational process. R.R.S. Neb. § 79-264. Student; exclusion; circumstances; emergency exclusion; procedure. (2) Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last not longer than is necessary to avoid the dangers described in subsection (1) of this section. R.R.S. Neb. § 79-265. Principal; suspend student; grounds; procedure; written statement; conference; guidelines for completion of classwork. (2) Such short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes. R.R.S. Neb. § 79-266. Pre-expulsion procedures; when; expelled student; alternative assignments; suspension of enforcement; agreement between school boards; reinstatement; when; expungement. (3) A school district that has expelled a student may suspend the enforcement of such expulsion unless the expulsion was required by subsection (4) of section 79-283. The suspension may be for a period not to exceed the length of the expulsion. As a condition of such suspended action, the school district may require participation in a plan pursuant to subsection (2) of this section or assign the student to a school, class, or educational program which the school district deems appropriate. At the conclusion of such suspension period, the school district shall (a) reinstate any student who has satisfactorily participated in a plan pursuant to subsection (2) of this section or the school, class, or educational program to which such student has been assigned and permit the student to return to the school of former attendance or to attend other programs offered by the district or (b) if the student's conduct has been unsatisfactory, enforce the remainder of the expulsion action. If the student is reinstated, the district may also take action to expunge the record of the expulsion action. Nebraska Compilation of School Discipline Laws and Regulations Page 12
R.R.S. Neb. § 79-283. Hearing; final disposition; written notice; effect; period of expulsion; review; when; procedure; readmittance. (2) Except as provided in subsections (3) and (4) of this section, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the provisions of subsection (5) of this section. Such action may be modified or terminated by the school district at any time during the expulsion period. (3) The expulsion of a student for (a) the knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student except as provided in subdivision (3) of section 79-267 or (b) the knowing and intentional possession, use, or transmission of a dangerous weapon, other than a firearm, shall be for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Such action may be modified or terminated by the school district at any time during the expulsion period. REGULATIONS No relevant regulations found. Administrative procedures related to suspension and expulsion LAWS R.R.S. Neb. 79-256. Terms, defined. For purposes of the Student Discipline Act, unless the context otherwise requires: (1) Long-term suspension means the exclusion of a student from attendance in all schools within the system for a period exceeding five school days but less than twenty school days; (2) Expulsion means exclusion from attendance in all schools within the system in accordance with section 79-283; (3) Mandatory reassignment means the involuntary transfer of a student to another school in connection with any disciplinary action; and (4) Short-term suspension means the exclusion of a student from attendance in all schools within the system for a period not to exceed five school days. R.R.S. Neb. § 79-264. Student; exclusion; circumstances; emergency exclusion; procedure. (3) If the superintendent or his or her designee determines that such emergency exclusion shall extend beyond five days, the school board shall adopt a procedure for a hearing to be held and a final determination made within ten school days after the initial date of exclusion. Such procedure shall substantially comply with the provisions of sections 79-266 to 79-287, and such provisions shall be Nebraska Compilation of School Discipline Laws and Regulations Page 13
modified only to the extent necessary to accomplish the hearing and determination within this shorter time period. R.R.S. Neb. § 79-265. Principal; suspend student; grounds; procedure; written statement; conference; guidelines for completion of classwork. (3) Before such short-term suspension takes effect, the student shall be given oral or written notice of the charges against him or her, an explanation of the evidence the authorities have, and an opportunity to present his or her version. (4) Within twenty-four hours or such additional time as is reasonably necessary following such suspension, the principal shall send a written statement to the student and his or her parent or guardian describing the student's conduct, misconduct, or violation of the rule or standard and the reasons for the action taken. The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school. (5) Any student who is suspended pursuant to this section may be given an opportunity to complete any class work, including, but not limited to, examinations, missed during the period of suspension. Each public school district shall develop and adopt guidelines stating the criteria school officials shall use in determining whether and to what extent such opportunity for completion will be granted to suspended students. The guidelines shall be provided to the student and parent or guardian at the time of suspension. R.R.S. Neb. § 79-268. Long-term suspension, expulsion, or mandatory reassignment; procedures; enumerated. If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory reassignment, the following procedures shall be followed: (1) On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the superintendent. The school shall, within two school days after the decision, send written notice by registered or certified mail to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act; (2) Such written notice shall include the following: (a) The rule or standard of conduct allegedly violated and the acts of the student alleged to constitute a cause for long-term suspension, expulsion, or mandatory reassignment, including a summary of the evidence to be presented against the student; (b) The penalty, if any, which the principal has recommended in the charge and any other penalty to which the student may be subject; (c) A statement that, before long-term suspension, expulsion, or mandatory reassignment for disciplinary purposes can be invoked, the student has a right to a hearing, upon request, on the specified charges; (d) A description of the hearing procedures provided by the act, along with procedures for appealing any decision rendered at the hearing; (e) A statement that the principal, legal counsel for the school, the student, the student's parent, or the student's representative or guardian has the right (i) to examine the student's academic and disciplinary records and any affidavits to be used at the hearing concerning the alleged misconduct and (ii) to know the identity of the witnesses to appear at the hearing and the substance of their testimony; and (f) A form on which the student, the student's parent, or the student's guardian may request a hearing, to be signed by such parties and delivered to the principal or superintendent in person or by registered or certified mail as prescribed in sections 79-271 and 79-272; and Nebraska Compilation of School Discipline Laws and Regulations Page 14
(3) When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the superintendent, the student may be suspended by the principal until the date the long-term suspension, expulsion, or mandatory reassignment takes effect if no hearing is requested or, if a hearing is requested, the date the hearing examiner makes the report of his or her findings and a recommendation of the action to be taken to the superintendent, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of (a) interference with an educational function or school purpose or (b) a personal injury to the student himself or herself, other students, school employees, or school volunteers. The Student Discipline Act does not preclude the student or the student's parent, guardian, or representative from discussing and settling the matter with appropriate school personnel prior to the hearing stage. R.R.S. Neb. § 79-269. Long-term suspension, expulsion, or mandatory reassignment; hearing; procedure; hearing examiner; how designated; examination of records. (1) If a hearing is requested within five school days after receipt of the notice as provided in section 79- 268, the superintendent shall appoint a hearing examiner who shall, within two school days after being appointed, give written notice to the principal, the student, and the student's parent or guardian of the time and place for the hearing. (2) The hearing examiner shall be any person designated by the school district's superintendent, school board or board of education, or counsel, if such person (a) has not brought the charges against the student, (b) shall not be a witness at the hearing, and (c) has no involvement in the charge. (3) The hearing shall be scheduled within a period of five school days after it is requested, but such time may be changed by the hearing examiner for good cause. No hearing shall be held upon less than two school days' actual notice to the principal, the student, and the student's parent or guardian, except with the consent of all the parties. (4) The principal or legal counsel for the school, the student, and the student's parent, guardian, or representative have the right to examine the records and written statements referred to in the Student Discipline Act as well as the statement of any witness in the possession of the school board or board of education at a reasonable time prior to the hearing. R.R.S. Neb. § 79-270. Hearing examiner; duties. In addition to the other duties provided in the Student Discipline Act, the hearing examiner shall remain impartial throughout all deliberations. The hearing examiner shall be available prior to any hearing held pursuant to the act to answer any questions the principal, the student, or the student's parent or guardian may have regarding the nature and conduct of the hearing. R.R.S. Neb. § 79-271. Hearing; not requested within five days; recommended punishment; effect. If a hearing is not requested under sections 79-268 and 79-269 by the student or the student's parent or guardian within five school days following receipt of the written notice, the punishment recommended in the charge by the principal or his or her designee shall automatically go into effect upon the fifth school day following receipt of the written notice by the student or his or her parent or guardian as required in section 79-268. R.R.S. Neb. § 79-272. Hearing; requested within thirty days; effect. If a hearing is requested under sections 79-268 and 79-269 more than five school days but not more than thirty calendar days following the actual receipt of written notice, the hearing shall be held but the imposed punishment shall continue in effect pending final determination. Nebraska Compilation of School Discipline Laws and Regulations Page 15
R.R.S. Neb. § 79-273. Hearing; by whom attended; witnesses; student excluded; when. Any hearing conducted pursuant to the Student Discipline Act shall be attended by the hearing examiner, the student, the student's parent or guardian, the student's representative, if any, and counsel for the school board or board of education, if the hearing examiner or the superintendent deems it advisable. Witnesses shall be present only when they are giving information at the hearing. The student may be excluded in the discretion of the hearing examiner at times when the student's psychological evaluation or emotional problems are being discussed. The student's representative may be an attorney. The hearing examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing. R.R.S. Neb. § 79-275. Hearing; student; testimony. At a hearing requested under sections 79-268 and 79-269, the student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in such case, shall not be threatened with punishment nor be later punished for refusal to testify. R.R.S. Neb. § 79-276. Hearing; evidence on student's conduct and records. At a hearing requested under sections 79-268 and 79-269, the principal shall present to the hearing examiner statements, in affidavit form, of any person having information about the student's conduct and the student's records but not unless such statements and records have been made available to the student or the student's parent, guardian, or representative prior to the hearing. The information contained in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent, guardian, or representative, upon request, by appropriate school personnel. R.R.S. Neb. § 79-277. Hearing; rules of evidence or courtroom procedures; not applicable. In conducting the hearing requested under sections 79-268 and 79-269, the hearing examiner shall not be bound by the rules of evidence or any other courtroom procedure. R.R.S. Neb. § 79-278. Hearing; witnesses; testimony; cross-examination. (1) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing requested under sections 79-268 and 79-269. Such testimony shall be under oath, and the hearing examiner shall be authorized to administer the oath. The hearing examiner shall make reasonable effort to assist the student or the student's parent, guardian, or representative in obtaining the attendance of witnesses. (2) The student, the student's parent, guardian, or representative, the principal, or the hearing examiner has the right to question any witness giving information at the hearing. R.R.S. Neb. § 79-279. Hearing; witnesses; immunity. Any person giving evidence by written statement or in person at a hearing requested under sections 79- 268 and 79-269 shall be given the same immunity from liability as a person testifying in a court case. R.R.S. Neb. § 79-280. Hearing; recorded; how paid. The proceedings of the hearing requested under sections 79-268 and 79-269 shall be recorded at the expense of the school district. R.R.S. Neb. § 79-281. Hearing; joint hearing; separate hearings; when. (1) When more than one student is charged with violating the same rule and having acted in concert and when the facts are substantially the same for all such students, a single hearing requested under sections 79-268 and 79-269 may be conducted for such students as a group if the hearing examiner believes that Nebraska Compilation of School Discipline Laws and Regulations Page 16
a single hearing is not likely to result in confusion and that no student shall have his or her interests substantially prejudiced by a single hearing. (2) If during the conduct of the hearing the hearing examiner finds that a student's interests will be substantially prejudiced by a group hearing or that the hearing is resulting in confusion, the hearing examiner may order a separate hearing for any student. R.R.S. Neb. § 79-282. Hearing; hearing examiner; report; contents; review; final disposition; how determined. (1) After a hearing requested under sections 79-268 and 79-269, a report shall be made by the hearing examiner of his or her findings and a recommendation of the action to be taken, which report shall explain, in terms of the needs of both the student and the school board, the reasons for the particular action recommended. Such recommendation may range from no action, through the entire field of counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative educational placement under section 79-266. (2) A review shall be made of the hearing examiner's report by the superintendent, who may change, revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction more severe than that recommended by the hearing examiner. (3) The findings and recommendations of the hearing examiner, the determination by the superintendent, and any determination on appeal to the governing body, shall be made solely on the basis of the evidence presented at the hearing or, in addition, on any evidence presented on appeal. R.R.S. Neb. § 79-283. Hearing; final disposition; written notice; effect; period of expulsion; review; when; procedure; readmittance. (1) Written notice of the findings and recommendations of the hearing examiner and the determination of the superintendent under section 79-282shall be made by certified or registered mail or by personal delivery to the student or the student's parent or guardian. Upon receipt of such written notice by the student, parent, or guardian, the determination of the superintendent shall take immediate effect. (2) Except as provided in subsections (3) and (4) of this section, the expulsion of a student shall be for a period not to exceed the remainder of the semester in which it took effect unless the misconduct occurred (a) within ten school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or (b) within ten school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the provisions of subsection (5) of this section. Such action may be modified or terminated by the school district at any time during the expulsion period. (3) The expulsion of a student for (a) the knowing and intentional use of force in causing or attempting to cause personal injury to a school employee, school volunteer, or student except as provided in subdivision (3) of section 79-267 or (b) the knowing and intentional possession, use, or transmission of a dangerous weapon, other than a firearm, shall be for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Such action may be modified or terminated by the school district at any time during the expulsion period. (4) The expulsion of a student for the knowing and intentional possession, use, or transmission of a firearm, which for purposes of this section means a firearm as defined in 18 U.S.C. 921 as of January 1, 1995, shall be for a period as provided by the school district policy adopted pursuant to section79-263. This subsection shall not apply to (a) the issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training or (b) firearms which may lawfully be possessed by the Nebraska Compilation of School Discipline Laws and Regulations Page 17
person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms. (5) Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by the hearing examiner after the hearing examiner has given notice of the review to the student and the student's parent or guardian. This review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to a recommendation by the hearing examiner that the student be readmitted for the upcoming school year. If the school board or board of education or a committee of such board took the final action to expel the student, the student may be readmitted only by action of the board. Otherwise the student may be readmitted by action of the superintendent. R.R.S. Neb. § 79-284. Case record; contents. The record in a case under the Student Discipline Act shall consist of the charge, the notice, the evidence presented, the hearing examiner's findings and recommendations, and the action of the superintendent. With respect to any appeal to a court or any subsequent appeal, the record shall consist, in addition, of any additional evidence taken and any additional action taken in the case. R.R.S. Neb. § 79-285. Hearing; appeal to school board or board of education; procedure. (1) The student or the student's parent or guardian may, within seven school days following receipt of the written notice of the determination of the superintendent under section 79-282, appeal the superintendent's determination to the school board or board of education by a written request which shall be filed with the secretary of the board or with the superintendent. (2) A hearing shall be held before the school board or the board of education within a period of ten school days after it is requested, and such time for a hearing may be changed by mutual agreement of the student and superintendent, except that the hearing may be held before a committee of the school board or board of education of not less than three members. Such appeal shall be made on the record, except that new evidence may be admitted to avoid a substantial threat of unfairness and such new evidence shall be recorded as provided in section 79-280. R.R.S. Neb. § 79-286. Hearing; appeal; school board or board of education; powers and duties. (1) After examining the record and taking new evidence pursuant to section 79-285, if any, the school board or board of education or the designated committee thereof may withdraw to deliberate privately upon such record and new evidence. Any such deliberation shall be held in the presence only of board members in attendance at the appeal proceeding but may be held in the presence of legal counsel who has not previously acted as the designee of the principal in presenting the school's case before the hearing examiner. (2) If any questions arise during such deliberations which require additional evidence, the deliberating body may reopen the hearing to receive such evidence, subject to the right of all parties to be present. (3) The board may alter the superintendent's disposition of the case if it finds the decision to be too severe but may not impose a more severe sanction. R.R.S. Neb. § 79-287. Hearing; appeal; board; final action. The final action of the board under section 79-286 shall be evidenced by personally delivering or mailing by certified mail a copy of the board's decision to the student and his or her parent or guardian. Nebraska Compilation of School Discipline Laws and Regulations Page 18
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