When your student faces disciplinary action in school, as a parent or guardian, you may be unsure how to react. You do still have options throughout the process, and knowing how to navigate the system can help get your student back on track with their education.
Families should not simply accept a school district's recommendations but should ask questions about options and alternatives. In most cases, they may have the option to appeal a decision. At times in discipline cases, what is in the best interests of the student and what is in the best interests of the school or school district may differ. Parents and guardians are best situated to be their child's advocate throughout the process.
In some cases, you may feel your child is being unfairly singled out or labeled as difficult. Even if you agree that your child erred, you may disagree with the disciplinary action taken. Beyond the immediate events, you may be wondering how this could affect your child's long-term prospects and goals, including college and career.
For a parent or guardian, feeling overwhelmed or emotional when your student is facing disciplinary action is normal. What a school district advises may go against your instincts, or you may feel obligated to listen to the experts, who may not know your child as you do. Hiring a team that has experience helping families navigate the discipline process is one way to gain needed guidance and determine how to approach the situation in a logical manner that puts your child's well-being and future at the center of the conversation.
What is the Law in Nebraska Regarding Student Discipline?
The Nebraska Student Discipline Act is the controlling law in the state. The purpose of the law is to protect students' constitutional rights and ensure “fundamental fairness” in the educational process. The Act applies to all public schools within the state. While private schools may adopt the act's language or rules, these policies will not have the backing of state law.
The Act defines:
- The scope of a school board's power in disciplinary issues
- The extent of school staff's ability to discipline students and in what contexts
- The requirements for emergency expulsion
- The grounds for short- and long-term suspensions
- The grounds for expulsion, including mandatory expulsion
- The options for alternative education
- The due process requirements for both initial hearings and appeals
- The reasons why a school district may remove a minor from school buildings or property
The Act cannot supplant federal law. If, for example, your student has a disability and an IEP Plan, if part of the Discipline Act conflicts with federal laws such as the Individuals with Disabilities Education Act (IDEA), IDEA will control. As students with disabilities are more likely to face discipline in schools, knowing how federal law protects and support students with disabilities is important when navigating disciplinary issues.
What Types of Discipline Does Nebraska Law Allow?
The Student Discipline Act lists the type of disciplinary actions a school district may take against a student. Disciplinary charges can range from minor to significant. The Act includes the following:
- Short-term suspension
- Long-term suspension
- Expulsion
- Mandatory expulsion
- Mandatory Reassignment
- Alternative Education Assignment
- Emergency exclusion
Schools may have additional policies and actions. For minor issues, teachers or administrators may determine the needed disciplinary action. Even in minor cases, parents and guardians should make sure the actions would not damage or limit their student's education.
What is a Short-Term Suspension?
Nebraska considers any suspension up to five days to be a short-term suspension. After completing an investigation to determine what rules or policies the student may have broken, the school principal will decide whether to suspend a student.
Before the suspension begins, students must receive either verbal or written notification. The student must be informed of:
- The charges
- The evidence that shows the student did commit the charges
- The opportunity to present the student's version of events
If a student is suspended, they must be given a reasonable time to complete any and all missed schoolwork. Even if not required, students should request written confirmation of the suspension decision. Receiving the notification in writing will reduce misunderstandings and make it easier for families to address the issues and mount a defense.
When the law does require written notification is when the principal informs the parents or guardians. This must generally be done within 24 hours, although the Act does allow for some leeway on the notification timeline. Ideally, the principal and parents or guardians should meet before the student returns to school. This meeting is not required under Nebraska law. Principals must instead make “a reasonable effort” to meet with a student's parents or guardians.
What is a Long-Term Suspension?
Nebraska defines long-term suspension as lasting more than five days and less than 20 days.
What is Expulsion?
Expulsion means a student is banned from all school activities for a set period of time. Expulsions may now last up to two semesters in Nebraska. The duration of an expulsion depends on the nature and extent of the student's actions or behavior.
The time the conduct in question occurred may also affect an expulsion. For conduct that occurred in the first semester, expulsion will last for, at most, the remainder of that school year. If the misconduct occurred in the second semester, the expulsion may last over the summer and until the end of the first semester for the following year.
In situations when an expulsion may continue to the next school year, the school district must conduct a hearing before the start of that school year with the student and the student's parents or guardians. The review is limited to new evidence or any change in the student's circumstances, and the hearing examiner does have the power to recommend the student be readmitted.
What is Mandatory Reassignment?
Schools may choose to transfer a student to another school as part of a disciplinary action. Schools decide when to use these involuntary transfers as part of the discipline process.
Can a School District Punish My Student for Behavior or Actions that Occur Off-Campus?
Possibly. Nebraska uses a similar set of requirements for long-term suspensions, expulsions, and mandatory reassignments. The severity of a student's actions or behavior, the potential danger to the school community, and those responsible are all factors for determining what disciplinary action is taken.
The Student Discipline Act requires that, for a student to be subject to school discipline, the activity in question occurs on school grounds, in a vehicle being used to transport students for school purposes, or at an event or activity sponsored by the school.
When actions in a vehicle may subject a student to discipline depends on a variety of factors, including:
- Was the vehicle owned, leased, or contracted by the school? If yes, was that vehicle being used for school purposes?
- If another individual or organization owns the vehicle, was a school employee or designee driving the vehicle for purposes related to school activities, including extracurricular activities?
Does Nebraska Have Any Laws About Cyberbullying or Other Off-Campus Activity?
Current Nebraska law does not have any provisions for other off-campus conduct, including cyberbullying. Individual school districts may have their own policies banning cyberbullying or limiting other off-campus conduct.
The Millard School District's 2023-2024 Student Code of Conduct is one example of including electronic communications in the definition of bullying. Their policy defines bullying as:
“Any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) … This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing.”
The potential punishments for violating this policy include expulsion.
Can School Districts Have Policies Beyond State and Federal Law?
Yes. Millard School District's Code of Conduct, shown above, is an example of how school districts may add policies and restrictions in addition to those from the Nebraska and federal governments as long as they don't violate any federal or state laws.
This is one reason why, when your student is facing disciplinary action, you should be familiar with both federal and state law and school district policies and make sure the district clearly states what laws or policies they believe your child violated. This is another reason why families can benefit from legal assistance from a law firm experienced in student discipline.
What Behavior Could Result in Disciplinary Action?
The Nebraska Student Discipline Act includes the following behaviors as potentially resulting in long-term suspension, expulsion, or mandatory reassignment.
- Using violence or force, including threats and intimidation
- Substantially damaging property or stealing property, or the attempt to either damage or steal
- Injuring or attempting to injure other members of the school community, including volunteers
- Extorting other students, including threatening to take something of value
- Possessing either a controlled substance or an imitation controlled substance or being under the influence of a controlled substance
- Possessing or being under the influence of alcohol
- Repeatedly violating rules and standards if these violations amount to a “substantial interference with school purposes”
- “Other activities” means any actions that are otherwise forbidden by law
Schools may consider whether these actions substantially interfered with school purposes in other situations as well. The Nebraska Legislature, in the Act, also states that schools focus on alternatives to suspension or expulsion when the behavior in question is truancy, tardiness, or other absences from school activities.
What is the Procedure for Disciplinary Action?
When a student is facing long-term suspension, expulsion, or mandatory reassignment, Nebraska sets out the following timeline once a principal has decided to pursue disciplinary action.
The principal files a written charge and summary of evidence with the superintendent.
Within two days, the school district will send written notice by certified or registered mail to the student's family. The notice must include:
- The violation the school believes the student committed
- A summary of the evidence
- Recommended penalty
- The student's right to a hearing and the right to review evidence
- The procedures for a hearing
- A form to request a hearing
Families must request a hearing within five days of receipt of the written notice.
Students will be suspended until the hearing or, if a family declines to request a hearing, the date the disciplinary action takes effect. While Nebraska does not require hearings, parents and guardians should request them. Without a hearing, the recommended penalty against your student will be put into action.
What Happens at a Hearing?
Parents or guardians must attend the hearing with their student. In addition, families may bring legal counsel to the hearing. The school district will provide a hearing examiner, and the school board's legal counsel may also choose to attend.
Both sides may present evidence. Depending on the circumstances, witnesses may be called. Students may have the opportunity to testify on their behalf. If a student refuses to testify, they cannot be punished either at the hearing or in the future.
If multiple students are involved, school districts may hold a joint hearing. A joint hearing should not be conducted in cases when it may confuse the involved parties or substantially prejudices a student's interests.
What Happens After the Hearing?
All decisions should be based on the presented evidence. The hearing examiner will compile a report that includes their recommendations, which can range from no action to expulsion. The superintendent will review the report and decide which action to take. In some cases, the school board may make the final decision.
The school district will send written notice of the decision. Any disciplinary action will take effect upon receipt of that written notice.
Can I Appeal a Decision?
Yes. Families must submit a written request for an appeal within seven days of receiving the written notice of the decision. An appeals hearing must occur within 10 school days after the request and include at least three members of the school board.
Appeals are generally limited to evidence that has already been submitted. One exception is that new evidence may be admitted to “avoid a substantial threat of unfairness.”
Can I File a Lawsuit?
Yes. Any student or family can, within 30 days of an appeal, request a judicial review of a disciplinary decision.
What Defenses Can My Student Use?
Similar to the larger legal world, Nebraska's Discipline Act includes defenses for students. In some cases, while a student may have committed these actions, they may have a defense or may be able to show reasons for a lesser disciplinary action.
For example, in the case of personal injury, if a student can show their actions were an accident or self-defense, including defending others, they will not be considered in violation of the Act. When defending either themselves or another individual, students and their families will need to show how the student reasonably believed their actions were necessary.
Even if a student has violated school policy or state law, students, parents, and guardians should push for the school to use the least-severe sanction. School discipline can have long-term implications for a student's education record and their future education and career prospects. Parents and guardians should work with their students to find ways to lessen the charges or explain the student's behavior.
Will My Student Be Expelled for Bringing a Gun or Other Type of Firearm to School?
Yes. The Gun-Free Schools Act requires a mandatory one-year expulsion for any student who brings a weapon to school. This federal law applies to any state that receives federal funding, and Nebraska has also incorporated the law into its code.
In Nebraska, the ban extends to school property and any vehicles either owned or leased by a school district or used for school purposes. Possession of a firearm at school-sponsored activities, including athletic events, can also result in expulsion.
One key part of the law is that a student must have “knowingly and intentionally possessed, used, or transmitted.” A superintendent or a school board may modify the expulsion requirement on an individual basis, including sending a student to an alternative school or program.
Two exceptions exist to the law. The first is that a member of the Reserve Officers Training Corps may have a firearm as part of their training. Alternatively, if an individual is receiving instruction with supervision from an adult instruction, they may also lawfully possess a firearm.
If a School Expels My Student, Can They Enroll in Another School?
No. When a student is expelled, Nebraska law bans them from enrolling in another public or private school during the expulsion period. The student must wait until the end of the expulsion period to re-enroll. This is one reason why parents and guardians should push for a lesser disciplinary action. That a student has violated school policy does not mean they must receive the strictest punishment.
What is an Emergency Exclusion?
In some situations, schools may exclude students from attending school without a formal process. These reasons may not be related to discipline. These exclusions are limited in scope and intended to protect the well-being and safety of the school community.
Nebraska allows emergency exclusions in two situations: disease and conduct. A school may exclude a student who has a contagious disease that can be transmitted through “normal school contacts” and that poses an imminent threat to the health and/or safety of the school.
A school may use an emergency exclusion when a student poses a danger to either their own person or others. Schools may also exclude a student when that student's behavior “is so extremely disruptive” that it infringes on other students' right to an education.
Emergency exclusions must last no longer than necessary to avoid danger. An exclusion of less than five days follows the same procedures as a short-term suspension.
If an exclusion lasts longer than five days, the school board must hold a hearing within 10 days of the initial exclusion. The school board must still comply with due process requirements.
School districts may include additional reasons for excluding students. Elkhorn School District, for example, also excludes students who have suspicious rashes, head lice, a temperature over 100 degrees, vomiting, or diarrhea. In some cases, the school district may require a doctor's note before the student can return to classes.
Are School Districts Required to Provide Alternative Schools?
Yes. School districts must provide students with either an alternative education program or a pre-exclusion plan. School districts may form a partnership to provide an alternative school or option. All programs must have an individualized learning program for each student.
For example, Bellevue School District has the Academic Center for Excellence (ACE), which the district emphasizes is not a punishment program but is instead designed for student success, up to and including high school graduation.
What is a Pre-Expulsion Procedure?
Instead of alternative education, school districts may provide students with a pre-expulsion plan. The exception is for any firearms offenses.
A pre-expulsion plan must include:
- A meeting with the student, a parent or guardian, a school representative, and a representative for an organization that will support the student
- During the meeting, the involved individuals will put together a plan, which must include:
- Specific guidelines and consequences for behaviors that have been identified as hindering the student's education
- Educational objectives that will enable the student to graduate
- Available financial resources and community programs to help the student meet the behavioral and educational objectives
- Require monthly reviews with the student to see how they are progressing
The plan must be in writing, and the school must provide the parents or guardians and the student with a copy.
Can Schools Suspend a Student with Disabilities?
Yes, although any disciplinary action must comply with all relevant federal laws such as IDEA. Research indicates that students with disabilities are more likely to act out in the school environment and more likely to face disciplinary action.
A student's disability may also act as a defense to discipline. Instead of punishment, parents or guardians should advocate for a new Individual Education Plan (IEP) or better support in the school environment for their student.
What are Positive Behavioral Interventions and Support?
Known as PBiS, this is an evidence-based process that focuses on proactive action to provide support for at-risk students. The goal is to assist all students in a positive learning environment with an emphasis on data-informed processes.
Nebraska does not require participation and use of PBiS. Implementing the program is at the discretion of each school district. If you believe the PBiS process would assist your student, you should work with your local school district to see about the availability of a PBiS-participating school in your area or the likelihood of enrolling in such a program.
Get the Help You Need to Manage a High School Disciplinary Action in Nebraska
Disciplinary actions can affect your student long after the period of punishment ends. You and your student do not need to accept a school's decision on disciplinary action. You are the best person to look after your student's well-being and ensure that any actions are taken with an eye toward your student's long-term goals and for their benefit.
The Lento Law Firm can provide the support and guidance you need as you help your student navigate the disciplinary process. We help parents and students nationwide navigate educational issues. Contact us online or by phone.
