J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- On April 3–4, 2016, anonymous social-media posts referencing school violence and a gun caused substantial disruption at Barr Middle School (extra security, police search, >100 parent calls, multiple student early check-outs).
- Student J.S. admitted making one post reading “Tomorrow gonna be hella fire… be there (School)” but denied making a post with a gun emoji; principal suspended her for 15 days.
- J.S. requested an administrative hearing; the superintendent and the school board each upheld the suspension after hearings.
- J.S. timely filed a petition in Hall County District Court to appeal the board’s decision, but the record does not show that the board was served with the summons and petition; the board filed a voluntary appearance and stated it waived service.
- The district court affirmed the suspension on the merits, finding J.S.’ post reasonably could be interpreted as violent and caused substantial disruption.
- On appeal to the Nebraska Supreme Court, the parties were ordered to show authority that the district court had obtained subject matter jurisdiction under Neb. Rev. Stat. § 79-289.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court had subject-matter jurisdiction under § 79-289 when petitioner filed but did not serve the board with summons and petition | J.S.: voluntary appearance by board under § 25-516.01 made service equivalent and satisfied § 79-289 | GIPS: parties cannot confer subject-matter jurisdiction by consent; voluntary appearance does not satisfy statutory service requirement | Held: No. Filing alone is insufficient; § 79-289 requires both filing and service on the board; voluntary appearance cannot confer subject-matter jurisdiction; district court (and Supreme Court) lack jurisdiction and appeal dismissed |
Key Cases Cited
- Concordia Teachers College v. Nebraska Department of Labor, 252 Neb. 504, 563 N.W.2d 345 (1997) (statute requires summons be served within the statutory period as prerequisite to district court's subject-matter jurisdiction on agency review)
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017) (appellate courts must determine jurisdiction sua sponte)
- Clarke v. First Nat. Bank of Omaha, 296 Neb. 632, 895 N.W.2d 284 (2017) (parties cannot confer subject-matter jurisdiction by consent)
- Heckman v. Marchio, 296 Neb. 458, 894 N.W.2d 296 (2017) (the right of appeal is statutory and statutory prerequisites are mandatory)
- Essman v. Nebraska Law Enforcement Training Center, 252 Neb. 347, 562 N.W.2d 355 (1997) (under the APA, filing and service are necessary to establish district court jurisdiction for agency-review matters)