Suspension and expulsion in Nebraska: the Student Discipline Act, step by step

Section 79-201 says a child is of mandatory attendance age from about age 6 (if the child turns 6 before January 1 of that school year) until age 18. A 16-year-old can leave earlier only through the formal withdrawal process in section 79-202.

Under section 79-265, a principal can suspend a student for up to five school days. Before it starts, the student and parent must get oral and written notice of the charges, an explanation of the evidence, and a chance to tell the student's side. Within 24 hours (or up to 48 more if needed), the principal must send a written statement explaining the reasons, what the school tried first, and a plan to keep the student in school.

This tracks Goss v. Lopez (1975), where the U.S. Supreme Court held that a student facing a suspension of 10 days or less must get notice of the charges and a chance to answer them. Nebraska adds more on top, including a limit on young students: under section 79-265.01, schools may not suspend children in pre-kindergarten through second grade, except for bringing a deadly weapon or violent behavior that could cause physical harm.

For a long-term suspension, expulsion, or mandatory reassignment (a forced move to another school), section 79-268 says the school must send written notice by registered or certified mail within two school days of the principal's decision. The notice must include the rule broken, the evidence, the penalty proposed, and a form to request a hearing.

Under section 79-269, the family has five school days after getting that notice to request the hearing. The family can ask for a hearing examiner who does not work for the district. The family can see the student's records and learn who the witnesses are. If the student is suspended while waiting, the student may still make up classwork and tests.

After the hearing, the family has seven school days to appeal the superintendent's decision to the school board, under section 79-285. Section 79-283 limits most expulsions to the rest of the semester, with longer periods for misconduct near the semester's end, for injuring someone on purpose, or for weapons.

Section 79-2,137 defines bullying as an ongoing pattern of physical, verbal, or electronic abuse at school, on a school vehicle, or at school events. Every Nebraska district had to adopt a bullying prevention policy by July 1, 2009, and must review it every year.

The statute itself does not spell out what a school must do after a report. Those steps are in your district's own policy, so ask the office for a copy and report in writing.