reglab/housing_qa huggingface dataset:
NE Code § 79-282 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-282 - Hearing; hearing examiner; report; contents; review; final disposition; how determined.

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.Source   Laws 1976, LB 503, § 26;   Laws 1994, LB 1250, § 32;   Laws 1995, LB 658, § 4;   R.S.Supp.,1995, § 79-4,195;   Laws 1996, LB 900, § 86.
NE Code § 79-284 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-284 - Case record; contents.

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.Source   Laws 1976, LB 503, § 28;   Laws 1994, LB 1250, § 34;   R.S.1943, (1994), § 79-4,197;   Laws 1996, LB 900, § 88.
NE Code § 79-285 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-285 - Hearing; appeal to school board or board of education; procedure.

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.Source   Laws 1976, LB 503, § 29;   Laws 1983, LB 209, § 3;   Laws 1994, LB 1250, § 35;   R.S.1943, (1994), § 79-4,198;   Laws 1996, LB 900, § 89.
NE Code § 79-286 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-286 - Hearing; appeal; school board or board of education; powers and duties.

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.Source   Laws 1976, LB 503, § 30;   Laws 1994, LB 1250, § 36;   R.S.1943, (1994), § 79-4,199;   Laws 1996, LB 900, § 90.
NE Code § 79-287 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-287 - Hearing; appeal; board; final action.

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.Source   Laws 1976, LB 503, § 31;   Laws 1994, LB 1250, § 37;   R.S.1943, (1994), § 79-4,200;   Laws 1996, LB 900, § 91.
NE Code § 79-288 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-288 - Final decision; judicial review; appeal to district court; other relief.

79-288.  Final decision; judicial review; appeal to district court; other relief.Any person aggrieved by a final decision in a contested case under the Student Discipline Act, whether such decision is affirmative or negative in form, shall be entitled to judicial review under sections 79-288 to 79-292. Nothing in the act shall be deemed to prevent resort to other means of review, redress, or relief provided by law.Source   Laws 1976, LB 503, § 32;   Laws 1994, LB 1250, § 38;   R.S.1943, (1994), § 79-4,201;   Laws 1996, LB 900, § 92.
NE Code § 79-289 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-289 - Judicial review; procedure.

79-289.  Judicial review; procedure.(1) Proceedings for review under sections 79-288 to 79-292 shall be instituted by filing a petition in the district court of the county where the action is taken within thirty days after the service of the final decision by the school board or board of education under sections 79-286 and 79-287.(2) All parties of record shall be made parties to the proceedings for review. The court, in its discretion, may permit other interested persons to intervene.(3) Summons shall be served as in other actions, except that a copy of the petition shall be served upon the board together with the summons. Service of summons upon a duly elected officer of the board or the appointed secretary of the board shall constitute service on the board.(4) The filing of the petition or the service of summons upon the board shall not stay enforcement of a decision, but the board may stay enforcement, or the court may order a stay after notice to such board of application therefor and upon such terms as it deems proper.(5) The court may require the party requesting such stay to give bond in such amount and condition as the court may direct but only in cases involving injury or damage to person or property.Source   Laws 1976, LB 503, § 33;   Laws 1994, LB 1250, § 39;   R.S.1943, (1994), § 79-4,202;   Laws 1996, LB 900, § 93.  Annotations  The requirements under subsection (3) of this section are mandatory conditions precedent for a district court to obtain subject matter jurisdiction over a proceeding for further review. J.S. v. Grand Island Public Schools, 297 Neb. 347, 899 N.W.2d 893 (2017). A party aggrieved by a school board's decision under the student expulsion or suspension act may institute proceedings for review by the district court in the county where the action is taken. Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341 (1992).
NE Code § 79-290 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-290 - Judicial review; transcript of record and proceedings; responsive pleading not required.

79-290.  Judicial review; transcript of record and proceedings; responsive pleading not required.Within fifteen days after service of the petition under section 79-289 or within such further time as the court for good cause shown may allow, the school board or board of education shall prepare and transmit to the court a certified transcript of the record which shall include the rules and regulations of the school board relied upon by the school district in its determination to suspend, reassign, or expel the student and the proceedings conducted before it, including the final decision sought to be reversed, vacated, or modified. The school board need not file any responsive pleading.Source   Laws 1976, LB 503, § 34;   Laws 1983, LB 209, § 4;   Laws 1994, LB 1250, § 40;   R.S.1943, (1994), § 79-4,203;   Laws 1996, LB 900, § 94.
NE Code § 79-291 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-291 - Judicial review; conducted without a jury; grounds for judicial action.

79-291.  Judicial review; conducted without a jury; grounds for judicial action.(1) The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the record.(2) The court may affirm the decision of the school board or board of education, remand the case for further proceedings, or reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the board's decision is:(a) In violation of constitutional provisions;(b) In excess of the statutory authority or jurisdiction of the board;(c) Made upon unlawful procedure;(d) Affected by other error of law;(e) Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or(f) Arbitrary or capricious.Source   Laws 1976, LB 503, § 35;   Laws 1994, LB 1250, § 41;   R.S.1943, (1994), § 79-4,204;   Laws 1996, LB 900, § 95.  Annotations The Student Discipline Act specifically grants the district court the power to reverse the decision of a board of education if a student’s constitutional rights were violated. J.P. v. Millard Public Schools, 285 Neb. 890, 830 N.W.2d 453 (2013).
NE Code § 79-292 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-292 - Appeal.

79-292.  Appeal.An aggrieved party may secure a review of any final judgment of the district court under sections 79-288 to 79-291 by appeal as provided in the Administrative Procedure Act.Source   Laws 1976, LB 503, § 36;   Laws 1991, LB 732, § 145;   R.S.1943, (1994), § 79-4,205;   Laws 1996, LB 900, § 96.  Cross References  Administrative Procedure Act, see section 84-920.Annotations A party aggrieved by a district court's final judgment under the student suspension or expulsion act may appeal as provided in this section. Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341 (1992).
NE Code § 79-293 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-293 - Nebraska Criminal Code violation; principal or principal's designee; notify law enforcement authorities; immunity.

79-293.  Nebraska Criminal Code violation; principal or principal's designee; notify law enforcement authorities; immunity.(1) The principal of a school or the principal's designee shall notify as soon as possible the appropriate law enforcement authorities, of the county or city in which the school is located, of any act of the student as provided in subsection (1) of section 79-262 which the principal or designee knows or suspects is a violation of the Nebraska Criminal Code.(2) The principal, the principal's designee, or any other school employee reporting an alleged violation of the Nebraska Criminal Code shall not be civilly or criminally liable as a result of any report authorized by this section unless (a) such report was false and the person making such report knew or should have known it was false or (b) the report was made with negligent disregard for the truth or falsity of the report.Source   Laws 1994, LB 1250, § 42;   R.S.1943, (1994), § 79-4,205.01;   Laws 1996, LB 900, § 97;  Laws 2018, LB1081, § 3.  Cross References  Nebraska Criminal Code, see section 28-101.
NE Code § 79-294 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|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.

79-294.  Removal of minor from school premises; release to peace officer; principal or other school official; duties; peace officer; duties; juvenile court review; when.When a principal or other school official releases a minor student to a peace officer as defined in section 49-801 for the purpose of removing the minor from the school premises, the principal or other school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, in which case the principal or other school official shall provide the peace officer with the address and telephone number of the minor's parent or guardian. The peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place where he or she is being held. If the peace officer has a reasonable belief that the minor would be endangered by a disclosure of the place where the minor is being held or that the disclosure would cause the custody of the minor to be disturbed, the peace officer may refuse to disclose the place where the minor is being held for a period not to exceed twenty-four hours. The peace officer shall, however, inform the parent, guardian, or responsible relative whether the child requires and is receiving medical or other treatment. The juvenile court shall review any decision not to disclose the place where the minor is being held at any subsequent detention hearing.Source   Laws 1994, LB 1250, § 43;   R.S.1943, (1994), § 79-4,205.02;   Laws 1996, LB 900, § 98.
NE Code § 79-295 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-295 - Corporal punishment; prohibited.

79-295.  Corporal punishment; prohibited.Corporal punishment shall be prohibited in public schools.Source   Laws 1988, LB 316, § 1;   R.S.1943, (1994), § 79-4,140;   Laws 1996, LB 900, § 99.  Annotations Corporal punishment, as prohibited in this section, is reasonably understood to be the infliction of bodily pain as a penalty for disapproved behavior. The use of corporal punishment by a teacher, in violation of this section, may subject the teacher to discipline for unprofessional conduct under section 79-824. Daily v. Board of Ed. of Morrill Cty. School Dist. No. 62-0063, 256 Neb. 73, 588 N.W.2d 813 (1999).
NE Code § 79-296 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-296 - Anabolic steroids; additional sanction.

79-296.  Anabolic steroids; additional sanction.(1) In addition to the penalties provided in the Uniform Controlled Substances Act and section 79-267, any person under nineteen years of age who is a student at any public elementary, secondary, or postsecondary educational institution in this state who possesses, dispenses, delivers, or administers anabolic steroids as defined in section 28-401 in violation of the Uniform Controlled Substances Act may be prohibited from participating in any extracurricular activities for not more than thirty consecutive days for the first offense. For the second or any subsequent offense, the student may be barred from participation in such activities for any period of time the institution deems appropriate pursuant to the written policy of the institution.(2) Any sanction imposed pursuant to this section shall be in accordance with a written policy of the institution. The institution shall post the written policy in a conspicuous place and shall make a copy of the policy available to any student upon request.Source   Laws 1990, LB 571, § 10;   Laws 1992, LB 1019, § 122;   R.S.1943, (1994), § 79-4,228;   Laws 1996, LB 900, § 100.  Cross References   Penalties under Uniform Controlled Substances Act, see section 28-416.  Uniform Controlled Substances Act, see section 28-401.01.  Unlawful distribution of anabolic steroids to student, effect on employment, see section 48-232 et seq.
NE Code § 79-2,101 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,101 - Public schools; membership in secret organizations, prohibited.

79-2,101.  Public schools; membership in secret organizations, prohibited.It shall be unlawful for the pupils of any public school of this state to participate in or be members of any secret fraternity or secret organization that is in any degree a school organization.Source   Laws 1909, c. 121, § 1, p. 461;   R.S.1913, § 6945;   C.S.1922, § 6527;   C.S.1929, § 79-2104;   R.S.1943, § 79-2114;   Laws 1949, c. 256, § 163, p. 746;   R.S.1943, (1994), § 79-4,125;   Laws 1996, LB 900, § 105.
NE Code § 79-2,102 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,102 - Public schools; secret organizations; denial of school privileges; expulsion.

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.Source   Laws 1909, c. 121, § 2, p. 461;   R.S.1913, § 6946;   C.S.1922, § 6528;   C.S.1929, § 79-2105;   R.S.1943, § 79-2116;   Laws 1949, c. 256, § 165, p. 747;   R.S.1943, (1994), § 79-4,127;   Laws 1996, LB 900, § 107.
NE Code § 79-2,103 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,103 - Public schools; outside organizations; rushing prohibited; violation; penalty.

79-2,103.  Public schools; outside organizations; rushing prohibited; violation; penalty.Any person, whether a pupil of any public school or not, who enters upon the school grounds or any school building for the purpose of rushing or soliciting, while there, any pupil of a public school to join any fraternity, society, or association organized outside of the schools shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than two dollars nor more than ten dollars.Source   Laws 1909, c. 121, § 3, p. 462;   R.S.1913, § 6947;   C.S.1922, § 6529;   C.S.1929, § 79-2106;   R.S.1943, § 79-2115;   Laws 1949, c. 256, § 164, p. 747;   R.S.1943, (1994), § 79-4,126;   Laws 1996, LB 900, § 106.
NE Code § 79-2,105 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,105 - School files or records; provided upon student's transfer.

79-2,105.  School files or records; provided upon student's transfer.A copy of a public or private school's files or records concerning a student, including academic material and any disciplinary material relating to any suspension or expulsion, shall be provided at no charge, upon request, to any public or private school to which the student transfers.Source   Laws 1986, LB 642, § 2;   R.S.1943, (1994), § 79-4,157.01;   Laws 1996, LB 900, § 109;  Laws 2009, LB549, § 11.
NE Code § 79-2,106 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,106 - Department; gifts, devises, and bequests; accept; loans; terms and conditions.

79-2,106.  Department; gifts, devises, and bequests; accept; loans; terms and conditions.The State Department of Education may accept, in trust, any gifts, devises, and bequests to be held and administered by the department for the purpose of making loans to worthy and needy students attending any college, university, or community college in this state. Such loans shall only be made to students whose parents are residents of Nebraska. Such loans shall be made on such terms and conditions as the State Board of Education shall prescribe or as may be imposed by the donor.Source   Laws 1967, c. 522, § 1, p. 1743;   Laws 1988, LB 802, § 16;   R.S.1943, (1994), § 79-321.01;   Laws 1996, LB 900, § 110.  Cross References  State Board of Education, duties with respect to devises, donations, or bequests, see section 79-318.
NE Code § 79-2,107 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,107 - Student personnel services; supervision.

79-2,107.  Student personnel services; supervision.The State Board of Education shall provide supervision and leadership to assure that appropriate student personnel services are provided by the schools and other agencies of this state. Student personnel services shall include school guidance, counseling, testing services, and all other necessary and appropriate noninstructional services for students. The State Department of Education shall provide general supervision and coordination of student personnel services as such services relate to instructional and educational services provided by schools and other agencies.Source   Laws 1971, LB 660, § 2;   Laws 1993, LB 348, § 11;   R.S.1943, (1994), § 79-321.03;   Laws 1996, LB 900, § 111.
NE Code § 79-2,114 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,114 - Act, how cited.

79-2,114.  Act, how cited.Sections 79-2,114 to 79-2,124 shall be known and may be cited as the Nebraska Equal Opportunity in Education Act.Source   Laws 1982, LB 628, § 1;   R.S.1943, (1994), § 79-3001;   Laws 1996, LB 900, § 118.  Cross References  For applicability to postsecondary educational institutions, see sections 85-9,166 to 85-9,176.
NE Code § 79-2,115 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,115 - Terms, defined.

79-2,115.  Terms, defined.For purposes of the Nebraska Equal Opportunity in Education Act, unless the context otherwise requires:(1) Educational institution means any public preschool, any public elementary school or secondary school, any educational service unit, and the State Department of Education; and(2) Governing board means the duly constituted board of any public school system of elementary or secondary schools, any educational service unit board, and the State Board of Education.Source   Laws 1982, LB 628, § 2;   R.S.1943, (1994), § 79-3002;   Laws 1996, LB 900, § 119.
NE Code § 79-2,116 (2021)
2021 Nebraska Revised Statutes|Chapter 79 - Schools|79-2,116 - Legislative findings; discriminatory practices enumerated.

79-2,116.  Legislative findings; discriminatory practices enumerated.The Legislature finds and declares that it shall be an unfair or discriminatory practice for any educational institution to discriminate on the basis of sex in any program or activity. Such discriminatory practices include, but are not limited to, the following practices:(1) Exclusion of a person or persons from participation in, denial of the benefits of, or subjection to discrimination in any academic, extracurricular, research, occupational training, or other program or activity, except athletic programs;(2) Denial of comparable opportunity in intramural and interscholastic athletic programs;(3) Discrimination among persons in employment and the conditions of such employment; and(4) The application of any rule which discriminates on the basis of (a) the pregnancy of any person, (b) the marital status of any person, or (c) the condition of being a parent. Rules requiring certification of a physician's diagnosis and such physician's recommendation as to what activities a pregnant person may participate in are permissible. For purposes of this section marital status shall include the condition of being single, married, widowed, or divorced.Source   Laws 1982, LB 628, § 3;   R.S.1943, (1994), § 79-3003;   Laws 1996, LB 900, § 120.