reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-270 - Hearing examiner; duties.

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.
Source
Laws 1976, LB 503, § 14;
Laws 1994, LB 1250, § 20;
R.S.1943, (1994), § 79-4,183;
Laws 1996, LB 900, § 74.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-271 - Hearing; not requested within five days; recommended punishment; effect.

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.
Source
Laws 1976, LB 503, § 15;
Laws 1994, LB 1250, § 21;
R.S.1943, (1994), § 79-4,184;
Laws 1996, LB 900, § 75.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-272 - Hearing; requested within thirty days; effect.

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 examiner shall be appointed and the hearing held pursuant to the requirements of section 79-269 but the imposed punishment shall continue in effect pending final determination.
Source
Laws 1976, LB 503, § 16;
Laws 1994, LB 1250, § 22;
R.S.1943, (1994), § 79-4,185;
Laws 1996, LB 900, § 76;
Laws 2023, LB705, § 69.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-273 - Hearing; by whom attended; witnesses; student excluded; when.

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.
Source
Laws 1976, LB 503, § 17;
Laws 1994, LB 1250, § 23;
R.S.1943, (1994), § 79-4,186;
Laws 1996, LB 900, § 77.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-274 - Hearing; legal counsel; powers and duties.

79-274.
Hearing; legal counsel; powers and duties.
The school board or board of education, acting through the superintendent, may cause legal counsel to be present either for the purpose of acting as the designee of the principal or for the purpose of advising the hearing examiner in the conduct of the hearing requested under sections 79-268 and 79-269. Any legal counsel who acts as the designee of the principal in presenting the school's case against the student shall not advise the hearing examiner on the conduct of the hearing or later advise administrators or board members on the conduct of any appeal, but legal counsel may give advice on technical and procedural aspects of the school's presentation and may advise the hearing examiner and the board as long as the legal counsel does not act as the principal's designee in presenting the school's case.
Source
Laws 1976, LB 503, § 18;
Laws 1994, LB 1250, § 24;
R.S.1943, (1994), § 79-4,187;
Laws 1996, LB 900, § 78.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-275 - Hearing; student; testimony.

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.
Source
Laws 1976, LB 503, § 19;
Laws 1994, LB 1250, § 25;
R.S.1943, (1994), § 79-4,188;
Laws 1996, LB 900, § 79.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-276 - Hearing; evidence on student's conduct and records.

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 provided to the student or the student's parent, guardian, or representative at least forty-eight hours 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.
Source
Laws 1976, LB 503, § 20;
Laws 1994, LB 1250, § 26;
R.S.1943, (1994), § 79-4,189;
Laws 1996, LB 900, § 80;
Laws 2023, LB705, § 70.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-277 - Hearing; rules of evidence or courtroom procedures; not applicable.

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.
Source
Laws 1976, LB 503, § 21;
Laws 1994, LB 1250, § 27;
R.S.1943, (1994), § 79-4,190;
Laws 1996, LB 900, § 81.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-278 - Hearing; witnesses; testimony; cross-examination; availability of witnesses.

79-278.
Hearing; witnesses; testimony; cross-examination; availability of witnesses.
(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. The school district shall make available those witnesses who have knowledge of or were involved in the alleged misconduct and subsequent discipline of the student if such witnesses are requested by the student or the student's parent, guardian, or representative and such witnesses are employees or under contract with the school district.
(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.
Source
Laws 1976, LB 503, § 22;
Laws 1994, LB 1250, § 28;
R.S.1943, (1994), § 79-4,191;
Laws 1996, LB 900, § 82;
Laws 2023, LB705, § 71.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-279 - Hearing; witnesses; immunity.

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.
Source
Laws 1976, LB 503, § 23;
Laws 1994, LB 1250, § 29;
R.S.1943, (1994), § 79-4,192;
Laws 1996, LB 900, § 83.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-280 - Hearing; recorded; how paid.

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.
Source
Laws 1976, LB 503, § 24;
Laws 1994, LB 1250, § 30;
R.S.1943, (1994), § 79-4,193;
Laws 1996, LB 900, § 84.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-281 - Hearing; joint hearing; separate hearings; when.

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 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.
Source
Laws 1976, LB 503, § 25;
Laws 1994, LB 1250, § 31;
R.S.1943, (1994), § 79-4,194;
Laws 1996, LB 900, § 85.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-282 - Hearing; hearing examiner; report; contents; review; notice; final disposition; how determined.

79-282.
Hearing; hearing examiner; report; contents; review; notice; 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 be made to the superintendent and the student or the student's parent or guardian within ten calendar days after the hearing and 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. The superintendent shall notify the student or the student's parent or guardian of the superintendent's determination within five school days after receipt of the hearing examiner's report.
(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;
Laws 2023, LB705, § 72.
Operative Date: September 2, 2023
2023 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.
2023 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.
2023 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.
2023 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 taken within three calendar days after the hearing and 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 within three calendar days after the final action.
Source
Laws 1976, LB 503, § 31;
Laws 1994, LB 1250, § 37;
R.S.1943, (1994), § 79-4,200;
Laws 1996, LB 900, § 91;
Laws 2023, LB705, § 74.
Operative Date: September 2, 2023
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-297 - Youth organization; provide information, services, and activities; conditions.

79-297.
Youth organization; provide information, services, and activities; conditions.
(1) For purposes of this section:
(a) School has the same meaning as in section 79-101;
(b) School district has the same meaning as in section 79-101; and
(c) Youth organization means a corporation chartered by Congress and listed in 36 U.S.C. Subtitle II, Part B, as of January 1, 2023.
(2)(a) Each school district shall, upon request, allow a representative of any youth organization to provide (i) oral or written information to the students of such school district regarding the youth organization and how such youth organization furthers the educational interests and civic involvement of students in a manner consistent with good citizenship and (ii) services and activities to any student of such school district who is a member of such youth organization.
(b) Each requesting youth organization shall be permitted to provide such information, services, and activities in a school building or on the school grounds of a school in each school district at least once during each school year.
(3) Each school district shall make a good faith effort to select a date, time, and location for each requesting youth organization to provide such information, services, or activities that is mutually agreeable to the school district and to the youth organization. Oral information provided under subdivision (2)(a)(i) of this section may only be provided during noninstructional time.
(4) Prior to allowing a representative of a youth organization to provide information, services, or activities at a school pursuant to this section, such representative shall be subject to a background check. Except as otherwise provided by this section or by the rules and regulations of the Nebraska State Patrol, the parameters of the background check shall be determined by the relevant school district. A school district may prohibit any representative of a youth organization that has been convicted of a felony from providing information, services, or activities pursuant to this section at any school in such school district. Each representative of a youth organization is responsible for all costs associated with obtaining such background check.
(5) Nothing in this section shall be construed to supersede a parent's ability to exercise any rights such parent has under a school district policy established pursuant to section 79-531.
Source
Laws 2023, LB705, § 126.
Operative Date: September 2, 2023
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,117 - Rules and regulations; institutions adopt; department; duties.

79-2,117.
Rules and regulations; institutions adopt; department; duties.
The governing boards of educational institutions shall adopt and promulgate rules and regulations needed to carry out the Nebraska Equal Opportunity in Education Act. The State Department of Education shall provide such technical assistance in the development of these rules and regulations as may be requested by the governing board of any public school system of elementary or secondary schools. Governing boards of educational institutions, with the advice of staff, shall formulate activities and programs needed to carry out the act.
Source
Laws 1982, LB 628, § 4;
R.S.1943, (1994), § 79-3004;
Laws 1996, LB 900, § 121.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,118 - Violation; complaint; filing; disposition; procedure; governing board; duties.

79-2,118.
Violation; complaint; filing; disposition; procedure; governing board; duties.
(1) Any person aggrieved by a violation of the Nebraska Equal Opportunity in Education Act or any rule, regulation, or procedure adopted pursuant to the act may file a complaint with the governing board of the educational institution committing such violation. Such complaint shall be made in writing, under oath, within one hundred eighty days after such alleged violation, and shall set forth the claimant's address and the facts of such alleged violation with sufficient particularity as to permit the governing board to understand and investigate the conduct complained of.
(2) The governing board may take such action as may be necessary to correct such violation, including, but not limited to, (a) terminating the discriminatory practice or policy complained of and (b) awarding to the aggrieved person or persons such compensatory money damages as the particular facts and circumstances may warrant.
(3) The governing board shall dispose of the complaint and shall notify the claimant of its finding. All dispositions of such complaints shall be in writing and signed by the chief officer of the governing board, and a true copy of such disposition shall be mailed by certified mail, return receipt requested, to the claimant at the address set forth on the complaint or at such other address as may be filed by the claimant with the governing board. The claimant shall notify the governing board of any change of address, and the governing board has no duty to attempt to locate any claimant who has failed to advise such board of a change of address.
Source
Laws 1982, LB 628, § 5;
R.S.1943, (1994), § 79-3005;
Laws 1996, LB 900, § 122.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,119 - Disposition of complaint; claimant; acceptance.

79-2,119.
Disposition of complaint; claimant; acceptance.
If the claimant under section 79-2,118 elects to accept the written disposition of the complaint made by the governing board under such section, he or she shall notify such board in writing of his or her acceptance within sixty days after receipt of such disposition, at which time such disposition shall be deemed final and conclusive. A failure to notify the board of such acceptance within the time period provided in this section shall be deemed a rejection of such disposition.
Source
Laws 1982, LB 628, § 6;
R.S.1943, (1994), § 79-3006;
Laws 1996, LB 900, § 123.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,120 - Disposition of complaint; claimant; rejection; court action authorized; limitation.

79-2,120.
Disposition of complaint; claimant; rejection; court action authorized; limitation.
If the claimant under section 79-2,118 elects not to accept the written disposition of such complaint made by the governing board under such section, he or she may, within one hundred eighty days after receipt of such disposition, file an original action in the district court of the judicial district where such educational institution is located, for equitable relief and compensatory money damages. If such action includes a claim for money damages, such claimant shall be entitled to a trial by jury as to such claim for damages, unless he or she expressly waives in writing such trial by jury.
Source
Laws 1982, LB 628, § 7;
R.S.1943, (1994), § 79-3007;
Laws 1996, LB 900, § 124.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,121 - Complaint; failure of governing board to act; claimant's remedies.

79-2,121.
Complaint; failure of governing board to act; claimant's remedies.
If the governing board fails to dispose of any written complaint filed pursuant to the Nebraska Equal Opportunity in Education Act within one hundred eighty days after the date of filing, such complaint may be withdrawn by the claimant and he or she may then proceed to file an original action in the district court of the judicial district where such educational institution is located pursuant to section 79-2,120. Such action must be filed within two years after the date of the filing of such complaint.
Source
Laws 1982, LB 628, § 8;
R.S.1943, (1994), § 79-3008;
Laws 1996, LB 900, § 125.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,122 - Violation; complaint; prerequisite to other remedy.

79-2,122.
Violation; complaint; prerequisite to other remedy.
No original action asserting a violation of the Nebraska Equal Opportunity in Education Act may be filed in any district court unless a complaint asserting such violation is first filed with the governing board of the educational institution committing such discriminatory act or practice and disposed of or withdrawn as provided in the act.
Source
Laws 1982, LB 628, § 9;
R.S.1943, (1994), § 79-3009;
Laws 1996, LB 900, § 126.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,123 - Nebraska Fair Employment Practice Act; complaint; applicability.

79-2,123.
Nebraska Fair Employment Practice Act; complaint; applicability.
The Nebraska Equal Opportunity in Education Act does not prohibit a person asserting a claim for discrimination in employment or the conditions thereof from filing a complaint pursuant to the Nebraska Fair Employment Practice Act. Filing a complaint pursuant to the Nebraska Fair Employment Practice Act constitutes a waiver of any right to seek relief pursuant to the Nebraska Equal Opportunity in Education Act, and filing a complaint pursuant to the Nebraska Equal Opportunity in Education Act constitutes a waiver of any right to seek relief pursuant to the Nebraska Fair Employment Practice Act.
Source
Laws 1982, LB 628, § 10;
R.S.1943, (1994), § 79-3010;
Laws 1996, LB 900, § 127.
Cross References
Nebraska Fair Employment Practice Act, see section 48-1125.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,124 - Act, how construed.

79-2,124.
Act, how construed.
The Nebraska Equal Opportunity in Education Act does not prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes.
Source
Laws 1982, LB 628, § 11;
R.S.1943, (1994), § 79-3011;
Laws 1996, LB 900, § 128.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,125 - Act, how cited.

79-2,125.
Act, how cited.
Sections 79-2,125 to 79-2,135 shall be known and may be cited as the Public Elementary and Secondary Student Fee Authorization Act.
Source
Laws 2002, LB 1172, § 1;
Laws 2003, LB 249, § 2.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,126 - Terms, defined.

79-2,126.
Terms, defined.
For purposes of the Public Elementary and Secondary Student Fee Authorization Act:
(1) Extracurricular activities means student activities or organizations which are supervised or administered by the school district, which do not count toward graduation or advancement between grades, and in which participation is not otherwise required by the school district;
(2) Governing body means a school board of any class of school district or an educational service unit board; and
(3) Postsecondary education costs means tuition and other fees associated with obtaining credit from a postsecondary educational institution. For a course in which students receive high school credit and for which they may also choose to apply for postsecondary education credit, the course shall be offered without charge for tuition, transportation, books, or other fees, except that if the student chooses to apply for postsecondary education credit, he or she may be charged tuition and other fees only associated with obtaining credits from a postsecondary educational institution.
Source
Laws 2002, LB 1172, § 2;
Laws 2003, LB 249, § 3.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,127 - Student fees authorized.

79-2,127.
Student fees authorized.
Except as provided in section 79-2,133, a governing body may require and collect fees or other funds from or on behalf of students or require students to provide specialized equipment or specialized attire for any of the following purposes:
(1) Participation in extracurricular activities;
(2) Admission fees and transportation charges for spectators attending extracurricular activities;
(3) Postsecondary education costs;
(4) Transportation pursuant to sections 79-241, 79-605, and 79-611;
(5) Copies of student files or records pursuant to section 79-2,104;
(6) Reimbursement to the school district or educational service unit for school district or educational service unit property lost or damaged by the student;
(7) Before-and-after-school or prekindergarten services offered pursuant to section 79-1104;
(8) Summer school or night school;
(9) Parking; and
(10) Breakfast and lunch programs.
Except as provided in this section and sections 79-2,127.01, 79-2,131, and 79-2,132, a governing body shall not collect money pursuant to the Public Elementary and Secondary Student Fee Authorization Act from students.
Source
Laws 2002, LB 1172, § 3;
Laws 2003, LB 249, § 4.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,127.01 - Donations authorized.

79-2,127.01.
Donations authorized.
The Public Elementary and Secondary Student Fee Authorization Act does not limit the ability of a governing body to request donations of money, materials, equipment, or attire to defray costs if the request is made in such a way that it is clear that the request is not a requirement. The act does not prohibit a governing body from permitting students to supply materials for course projects.
Source
Laws 2003, LB 249, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,128 - Extracurricular activities; incidentals furnished by students; authorized.

79-2,128.
Extracurricular activities; incidentals furnished by students; authorized.
A governing body may require students to furnish minor personal or minor consumable items for participation in extracurricular activities.
Source
Laws 2002, LB 1172, § 4;
Laws 2003, LB 249, § 6.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,129 - Nonspecialized attire furnished by students; authorized.

79-2,129.
Nonspecialized attire furnished by students; authorized.
A governing body may require students to furnish and wear nonspecialized attire meeting general written guidelines for specified courses and activities if the written guidelines are reasonably related to the course or activity.
Source
Laws 2002, LB 1172, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,131 - Musical instruments furnished by students; fee authorized; when.

79-2,131.
Musical instruments furnished by students; fee authorized; when.
A governing body may require students to furnish musical instruments for participation in optional music courses that are not extracurricular activities if the governing body provides for the use of a musical instrument without charge for any student who qualifies for free or reduced-price lunches under United States Department of Agriculture child nutrition programs. Participation in a free-lunch program or reduced-price lunch program is not required to qualify for free or reduced-price lunches for purposes of this section. This section does not require a governing body to provide for the use of a particular type of musical instrument for any student. For musical extracurricular activities, a governing body may require fees or require students to provide specialized equipment, such as musical instruments, or specialized attire consistent with the Public Elementary and Secondary Student Fee Authorization Act.
Source
Laws 2002, LB 1172, § 7;
Laws 2003, LB 249, § 7.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,132 - School store; authorized.

79-2,132.
School store; authorized.
The Public Elementary and Secondary Student Fee Authorization Act does not preclude operation of a school store in which students may purchase food, beverages, and personal or consumable items. A school store need not have a permanent physical presence and may consist of providing order forms for students to voluntarily purchase items from the school or another vendor.
Source
Laws 2002, LB 1172, § 8;
Laws 2003, LB 249, § 8.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-2,133 - Fee waiver policy.

79-2,133.
Fee waiver policy.
Each governing body shall establish a policy waiving the fees and providing the items otherwise required to be provided by students pursuant to subdivision (1) of section 79-2,127 for students who qualify for free or reduced-price lunches under United States Department of Agriculture child nutrition programs. Participation in a free-lunch program or reduced-price lunch program is not required to qualify for free or reduced-price lunches for purposes of this section.
Each governing body may establish a policy for waiving fees or providing items otherwise required to be provided by students in other circumstances.
Source
Laws 2002, LB 1172, § 9;
Laws 2003, LB 249, § 9.