Click on a heading to expand or collapse that heading’s content.

To download this information as a PDF

Please click here.

Who has the overall discipline authority in schools?

The Nebraska Student Discipline Act (the “Student Discipline Act”) provides statewide discipline polices.

School boards and boards of education may also adopt other policies (“District Codes of Conduct”) as long as actions are consistent with the Student Discipline Act.  Neb. Rev. Stat. § 79-261(1).

Any action taken by the school board or board of education in violation of the act shall be considered void and have no effect.  Neb. Rev. Stat. § 79-261(2).

At the beginning of every school year or at the time of their enrollment, every student and his or her parent or guardian must receive a copy of the school’s disciplinary policies.

The disciplinary policies also must be posted in each school during the year.

Any changes to the policies will not take effect until the schools send changes to students and parents.  Neb. Rev. Stat. § 79-262(3).

Helpful documents or links:

Nebraska Student Discipline Act:  http://www.education.ne.gov/safety/Docs/Student_Discipline_Act.pdf

What type of discipline is permitted?  When can a teacher remove a student from class?

Schools may take disciplinary action as it is necessary to aid the student, further school purposes or prevent interference with the educational process. Neb. Rev. Stat. § 79-258.

Such actions include but are not limited to:

Counseling students, parent conferences, rearranging students’ schedules, requiring students to stay after school to do additional work, restricting students’ extracurricular activity, or upon parental consent, requiring students to receive counseling, psychological evaluations or psychiatric evaluations. Neb. Rev. Stat. § 79-258.

Emergency exclusions.  Neb. Rev. Stat. §§ 79-257 & 79-264.

Short-term suspensions or denying the student the right to participate in school functions.  Neb. Rev. Stat. §§ 79-257 & 79-265.

 

Long-term suspensions, expulsions, or mandatory reassignments for prohibited conduct.  Neb. Rev. Stat. §§ 79-257 & 79-267.

What is an emergency exclusion?

An emergency exclusion is based on a factual situation and should not last any longer than necessary. Neb. Rev. Stat. § 79-264.

A student may be excluded from school for the following emergency reasons:

Disease: if a student has a dangerous communicable disease and poses an imminent threat to the health or safety of the school community.

Conduct: if a student’s conduct clearly threatens the physical safety of the student or others, or is so extremely disruptive that temporary removal is necessary to preserve the rights of other students’ ability to pursue an education.

What is the process for emergency exclusion?

Emergency exclusions lasting less than 5 days: same rules as short-term suspensions apply.

Emergency exclusions lasting more than 5 days: a hearing must be held within 10 days after the initial date of the exclusion and the same procedural protections as long-term suspensions and expulsions apply.

Neb. Rev. Stat. § 79-264.

What are the differences between short-term suspension, long-term suspension, expulsion and mandatory reassignment?

Suspension:

Short-term suspension means that a student cannot attend school for 5 school days or less.

Long-term suspension means that a student cannot attend school for more than 5 school days, but less than 20 school days.

Neb. Rev. Stat. §§ 79-256(1) & (4).

Expulsion:

Expulsion means a student cannot attend school for more than 20 school days and in accordance with the provisions of Neb. Rev. Stat. §79-283. Neb. Rev. Stat. § 79-256(2).

Expulsion may be used only if the conduct has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or any other person  that will interfere seriously with the educational process.  Neb. Rev. Stat. § 79-262(1).

Mandatory reassignment means the involuntary transfer of a student to another school because of any disciplinary action.  Neb. Rev. Stat. § 79-256(3).

Under what circumstances can a student be suspended?

Violating the Student Discipline Act or District or School Codes of Conduct.

The following behavior is grounds for expulsion under the Student Discipline Act:

Violence, force, coercion, threat, intimidation or similar conduct that substantially interferes with school purposes;

Purposely causing or attempting to cause substantial damage to property;

Stealing or attempting to steal property of substantial value;

Repeated damage or theft involving property;

Causing or attempting to cause personal injury to a school employee, volunteer, or any student;

Threatening or intimidating any student to obtain money or items of value;

Knowingly possessing, handling, or transmitting any object that is considered a weapon;

Unlawfully possessing, selling, dispensing, or using controlled substances, imitations, or alcohol;

Being under the influence of a controlled substance or alcohol;

Engaging in bullying;

Sexually assaulting or attempting to sexually assault any person;

Participating in in activities that violate Nebraska law and are a danger to other students or interfere with school purposes; or

Repeated violation of school rules and standards, if such violations substantially interfere with school purposes.

Such behavior must happen while:

On school grounds;

In a vehicle owned, leased, or contracted by a school and being used for a school purpose;

In a vehicle driven for a school purpose by a school employee; or

At a school-sponsored activity or athletic event.

Neb. Rev. Stat. §§ 79-265(1)(A) & 79-267.

What are the types of suspension and the processes for each?

Short-Term Suspension

A student cannot attend school for 5 school days or less. Neb. Rev. Stat. § 79-256 (4).

The process for short-term suspension is:

(1) The principal must investigate the behavior and determine that a suspension is necessary to help the student, further school purposes, or prevent an interference with school purposes.

(2) The student must be provided a written or oral notice of the charges, an explanation of the evidence that authorities have, and an opportunity to present his or her version.

(3) Within 24 hours, or within a reasonable time following the suspension, the principal must send a written notice to the student and the student’s parents describing the student’s behavior and the reasons for the short-term suspension.

(4) The principal must make a reasonable effort to have a parent conference before or at the time the student returns to school.

(5) The student may have the opportunity to complete any classwork, as provided in the school or school district’s guidelines.

                Neb. Rev. Stat. § 79-265.

Long-Term Suspension

A student cannot attend school for more than 5 school days, but less than 20 school days. Neb. Rev. Stat. § 79-256(4).

The process for long-term suspension is the same as the process for expulsion and mandatory reassignment.  Neb. Rev. Stat. §§ 79-267 to 79-292.

Under what circumstances can a student be expelled or reassigned?

The following behavior is grounds for expulsion under the Student Discipline Act:

Violence, force, coercion, threat, intimidation or similar conduct that substantially interferes with school purposes;

Willfully causing or attempting to cause substantial damage to property;

Stealing or attempting to steal property of substantial value;

Repeated damage or theft involving property;

Causing or attempting to cause personal injury to a school employee, volunteer, or any student;

Threatening or intimidating any student to obtain money or items of value;

Knowingly possessing, handling, or transmitting any object that is considered a weapon;

Unlawfully possessing, selling, dispensing, or using controlled substances, imitations, or alcohol;

Being under the influence of a controlled substance or alcohol;

Engaging in bullying;

Sexually assaulting or attempting to sexually assault any person;

Engaging in activities that violate Nebraska law and are a danger to other students or interfere with school purposes; and

Repeated violation of school rules and standards, if such violations substantially interfere with school purposes.

Such behavior must happen while:

On school grounds;

In a vehicle owned, leased, or contracted by a school and being used for a school purpose;

In a vehicle driven for a school purpose by a school employee; or

At a school-sponsored activity or athletic event.

Neb. Rev. Stat. § 79-267.

What are the types of expulsion and the processes for each?

Mandatory Reassignment – the involuntary transfer of a student to another school in connection with any disciplinary action.  Neb. Rev. Stat. §79-256(3).

Expulsion –The student cannot attend school for more than 20 school days and in accordance with the provisions of Neb. Rev. Stat. §79-283.  Neb. Rev. Stat. §79-256(2).

Expulsion, Firearm Offense – disciplinary action for students who violate the school firearms policy,

Such violations result in expulsion from school for a period of one calendar year or less.

Neb. Rev. Stat. §§ 79-263(1) & Neb. Rev. Stat. §79-383(4).

Expulsion, Use of Force/Personal Injury Offenses – disciplinary action for students who (1) knowingly and intentionally use force in causing or attempting to cause person injury to a school employee, a volunteer, or a student; or (2) violate the dangerous weapons policy.

Such violations result in expulsion from the entire school year.

Self Defense Exception – Personal injury caused by accident, in self-defense, or by other actions undertaken on the reasonable belief that it was necessary to protect some other person are not a punishable offense.

Neb. Rev. Stat. §§ 79-267(3) & Neb. Rev. Stat. §79-383(3).

The due process required for expulsion and mandatory reassignment is the same:

Obtaining a Hearing

(1) On the date of the disciplinary decision, the school must submit a written notice and summary of the evidence to the superintendent.

(2) Within two school days after the decision, the school must send a written notice to the student and the student’s parents informing them of the rights under the Student Discipline Act and the charges, evidence, and penalty.

(3) Within 5 school days after receiving the written notice, the student or the student’s parents may request a hearing.

If a hearing is not requested, the disciplinary decision will go into effect on the 5th day after the student or the student’s parents received the written notice.

If more than five days but less than thirty calendar days have passed since the written notice was received, a hearing will be held but the punishment will continue unless it is changed by the result of the hearing.

Neb. Rev. Stat. §§ 79-268 to 79-271.

Hearing Requirements

(4) The superintendent must choose an impartial hearing examiner who will provide notice of the time and place for the hearing.

(5) The hearing must be scheduled within 5 school days after it is requested.

(6) The principal or lawyer for the school, the student, and the student’s parent(s), guardian(s), or representative each have the right to look at the records, written statements, and witness statements prior to the hearing.

(7) The hearing must be attended by the hearing examiner, the student, the student’s parents, the student’s representative (if any), and lawyers for the school board (if needed)

The hearing examiner may decide to exclude the student when the student’s psychological evaluation or emotional issues are being issued.

(8) Witnesses and evidence at the hearing

The student may speak in his or her own defense and may be questioned.

The student may also choose not to testify. If the student chooses not to testify, they should not be threatened with punishment or later punished for refusing to testify.

The principal must present written statements of any person having information about the student’s conduct and the student’s records. Any information in the record should be explained to the student, parent, or guardian in a way that they can understand upon request before the hearing.

The school and the student may present and question any witnesses.

Neb. Rev. Stat. §§ 79-272 to 79-284.

Post-Hearing Procedures

(9) After the hearing, the hearing examiner must make a report of findings and a discipline recommendation.

(10) The superintendent must review the hearing examiner’s findings and make a discipline determination that changes, revokes, or imposes the hearing examiner’s discipline recommendation, but cannot impose a more severe sanction.

(11) Written notice of the hearing officer’s findings and discipline recommendation, and the superintendent’s discipline determination must be mailed or personally delivered to the student and the student’s parents.

(12) The discipline takes effect as soon as the student receives the notice.

(13) The student or the student’s parents may appeal the superintendent’s discipline determination within 7 school days after receiving the written notice.

(14) An appeal before the school board must be held within 10 school days after it is requested.

(15) The school board’s decision must be mailed to the student and the student’s parents.

(16) The school board’s decision may be subject to judicial review.

                Neb. Rev. Stat. §§ 79-285 to 79-292.

What is the process to petition for readmission to school?

Student are readmitted to school upon the conclusion of their long-term suspension or expulsion.

Schools may stop enforcing of an expulsion and require the student to participate in a behavioral and education plan under Neb. Rev. Stat. § 79-266(2).  Neb. Rev. Stat. § 79-266(3).

Expulsions that are still in effect during the first semester of the following year:

Will be automatically reviewed by a hearing examiner before the beginning of the school year after notice to the student and the student’s parents.

The review is limited to new evidence or evidence of changes in the student’s circumstances since the original hearing.

The hearing examiner may recommend that the student be readmitted for the school year.

Will be reviewed by the school board, if the school board expelled the student.

The student may also be readmitted for the upcoming school year by the superintendent.

Neb. Rev. Stat. § 79-283(5).

Are expelled students offered any educational services?  Yes.

An alternative school, class, or educational program; or

An individualized plan for the student with targeted educational and behavioral objectives developed by a team that includes the parent or legal guardian, the student, a school representative, and a third party representative who assists young people or advocates for juvenile justice.

Neb. Rev. Stat. § 79-266(1)-(2).

May a student who has been expelled from school move to another school district and enroll in a school in the new school district?  No.

When a student is expelled from any school (in any state, and any public, private or parochial school) and has not yet completed the terms of the expulsion, the student may not reenroll in a new public school district until the school board of the new school district approves such enrollment by a majority vote.

The school board of the new school district may require the student to attend an alternative school, class or educational program until the terms of the expulsion are completed.

Neb. Rev. Stat. §79-266.01.

Does Nebraska have a “zero tolerance” policy at the state level? 

Yes.

Zero tolerance means that the school’s response to a behavior is already determined and required.  Zero tolerance policies outline required measures that schools must take when faced with certain actions by students.

Nebraska requires all school districts to adopt a policy requiring students who knowingly and intentionally possess, use, or transmit a firearm on school grounds, in a vehicles owned, leased, contracted, or driven by a school and being used for school purposes or at a school-sponsored activity or athletic event to be expelled for at least one calendar year. Neb. Rev. Stat. § 79-263(1).

Is corporal punishment at schools permitted?

No.

“Corporal punishment” means the infliction of bodily pain as a penalty for disapproved behavior.  Daily v. Board of Ed. of Morrill Cty. School Dist. No. 62-0063, 256 Neb. 73, 588 N.W.2d 813 (1999).

Corporal punishment is prohibited in public schools.  Neb. Rev. Stat. § 79-295.

Is there a state policy on bullying?

Yes.

Each school district and must create and adopt an anti-bullying policy for bullying prevention and education for all students.  The school district must review the policy every year. Neb. Rev. Stat. § 79-2,137.

Bullying is grounds for long-term suspension, expulsion, or mandatory reassignment.  Neb. Rev. Stat. § 79-267(8).

Bullying means any ongoing pattern of physical, verbal, or electronic abuse on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at school-sponsored activities or school-sponsored athletic events.  Neb. Rev. Stat. § 79-2,137(2).

Is there a state policy on hazing?

Yes.

Hazing is against the law in Nebraska.  Neb. Rev. Stat. § 28-311.06(2).

“Hazing” means any activity in which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization.

Hazing activities include whipping, beating, branding, forced and prolonged calisthenics, prolonged exposure to the elements, forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption, prolonged sleep deprivation, or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person.  Neb. Rev. Stat. § 28-311.06(1)(a).

Are there dress code requirements for schools?

Local school districts are able to issue their own dress codes.

Who is considered a Limited English Proficient (LEP) Student?

A student is considered “limited English proficient” (“LEP”) if the student:

Is enrolled or plans to enroll in an elementary school or secondary school;

Was not born in the United States, is a Native American or Alaskan Native, or whose native language is other than English; and

Has trouble speaking, reading, writing, or understanding English such that the student cannot:

meet Nebraska’s proficient level of achievement on state assessments;

successfully complete classroom tasks in English; or

participate fully in society.

92 Neb. Admin. Code, ch. 15, § 002.02.

“Native language” means the language used normally by the student or the student’s parents.  92 Neb. Admin. Code, ch. 15, § 002.03.

What is the assessment test used for a LEP Student? What are the procedures for the test?

A home language survey and an English language proficiency assessment are given to determine if a student is LEP.

Home Language Survey – A survey completed by the student’s parent or guardian upon enrolling the student in the school district.

The survey asks about the student’s first language, the language spoken most often by the student, and the language the student speaks at home.

92 Neb. Admin. Code, ch. 15, §003.01.

If the student speaks a language other than English (as indicated on the home language survey), the school district will administer an English language proficiency assessment.

The assessment tests listening, speaking, reading, and writing.

The assessment must be valid and reliable.

92 Neb. Admin. Code, ch. 15, §003.02.

The student will be considered to be LEP if:

the home language survey shows that the student speaks a language other than English; and

the results of the English language proficiency assessment show that the student is not proficient in English.

92 Neb. Admin. Code, ch. 15, §003.03.

 

Each school district will establish guidelines determine if an LEP student has attained English language proficiency in speaking, reading, writing and understanding at a level in which they are able to participate successfully in the classroom.

If a LEP Student is in grades K-2, the LEP student must receive a score of proficient on the annual state English language proficiency assessment and the teacher must recommend that the student exit the language instruction program.

If the LEP student is in grade 3-12, the LEP student must receive a score of proficient on the annual state English language proficiency assessment.

If a LEP student achieves a proficiency level of “meets” or “exceeds” the standards on the Nebraska State Accountability reading test, the committee may recommend that the student leave the language instructional program.

If a LEP student has a verified disability, the school district must determine that the student’s needs are not affected by the student’s English language proficiency.

92 Neb. Admin. Code, ch. 15, §007.01.

What instructional programs are available for LEP Students?

The English language instruction education program must:

provide a method to teaching English to LEP students;

be a research-based, effective method with  based on educational theories recognized by experts in the field; and

be designed for and develop LEP students’ English proficiency so that LEP students can meet academic standards.

92 Neb. Admin. Code, ch. 15, §004.01.

Does the state have any state policy on ability grouping?

No.

Does the state guarantee students access to any specific classes or quality of classes (i.e. such as college prep, etc.)?

School districts must provide programs for grades K-12 in language arts, mathematics, science, social studies, health, physical education, and visual and performing arts. 92 Neb. Admin. Code, ch. 10, § 004.

School districts must provide programs in career education starting in middle school. 92 Neb. Admin. Code, ch. 10, § 004.03B.

School districts must have dual enrollment policies, by which a student is enrolled in a high school and a regionally accredited college.  See Chapter Five: Meeting Educational Needs Through Partnerships and Collaboration Comprehensive Plan for Postsecondary Education, August 2005 revision.

Does the state require schools to have Gifted & Talented programs? Are there any admission requirements?

A “Learner with High Ability” is a student who shows high performance capability in such areas as intellectual, creative, or artistic capacity or in specific academic fields and requires accelerated or different curriculum programs to fully develop those capabilities.  92 Neb. Admin. Code, ch. 3, § 002.04.

A Learner with High Ability is identified by:

Using multiple assessment measures;

Providing students with equal access to identification procedures; and

Identifying talents not readily apparent in students, as well as talents that are obvious.

92 Neb. Admin. Code, ch. 3, § 004.01.

The identification process of a Learner with high ability must include the student’s parents.  92 Neb. Admin. Code, ch. 3, § 004.03.

School districts are encouraged, but not required, to provide specialized programing for Learners with High Ability, such as:

Differentiated curriculum;

Curriculum acceleration;

Curriculum enrichment;

Compact curriculum;

Student grouping;

Mentoring or shadowing;

Affective curriculum; and/or

Specialized counseling.

92 Neb. Admin. Code, ch. 3, §§ 003.01 & 005.

Does the state have common core standards?

Nebraska has not adopted the Common Core State Standards. Instead, it uses its own standards.

The Nebraska State Board of Education updates the standards for each subject area every five years.

The current academic standards are available at: http://www.education.ne.gov/academicstandards/index.html

GRADUATION REQUIREMENTS

A student must complete a minimum of 200 high school credit hours to graduate:

40 credit hours of Language Arts, which includes composition, verbal communication, literature, research skills, and technical reading and writing.

30 credits in Mathematics, which includes algebra, geometry, data analysis and probability.

30 credit hours in Science, which includes biological, earth/space, and physical science concepts along with lab experience and scientific inquiry skills.

30 credits in Social Studies/History, which includes civics/government, geography, United States and World History, and economic concepts.

Neb. Rev. Stat. §79-729; 92 Neb. Admin. Code, ch. 10, § 003.05.

PARENT INFORMATION

General

Nebraska Department of Education Rules and Regulations http://www.education.ne.gov/Legal/index.html

Nebraska Education Directory Search http://educdirsrc.education.ne.gov/

Contact Information

Nebraska DepartmentofEducation

301 Centennial Mall South

P.O. Box 94987

Lincoln, NE 68509-4987

Phone: (402) 471-2295

Fax: (402) 471-0117

Web: http://www.education.ne.gov