J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- Middle school student J.S. posted on social media from home saying “Tomorrow gonna be hella fire … be there (School),” and admitted to making that post during police/school interviews. Another post with a gun emoji was made by someone else.
- School and police increased security the next day; over 100 parent calls and several students checked out, causing substantial disruption at Barr Middle School.
- The principal suspended J.S. for 15 days; the superintendent and the school board each upheld the suspension after administrative hearings.
- J.S. filed a timely petition in Hall County District Court to review the board’s decision but did not serve the board with a summons and copy of the petition; the board filed a voluntary appearance and waived service of summons.
- The district court affirmed the suspension on the merits, finding the post helped cause a substantial disruption; on appeal the Nebraska Supreme Court sua sponte questioned whether the district court had subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court acquired subject matter jurisdiction under § 79-289 by filing petition but not serving summons on the board | J.S.: voluntary appearance by board under § 25-516.01 equated to service, satisfying § 79-289 | GIPS: parties cannot confer subject matter jurisdiction by voluntary appearance; statutory service requirement was not met | Held: No subject matter jurisdiction—statute requires filing plus service of summons and petition on the board; voluntary appearance does not cure lack of statutory service |
| Whether the district court’s merits ruling could stand despite jurisdictional defect | J.S.: contended procedural defect was cured or irrelevant because board acknowledged receipt | GIPS: procedural requirement is jurisdictional and mandatory; failure to serve is fatal | Held: Merits decision void for lack of subject matter jurisdiction; appellate court also lacks jurisdiction and dismissed appeal |
Key Cases Cited
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1 (jurisdictional questions decided as matter of law)
- Concordia Teachers College v. Nebraska Dept. of Labor, 252 Neb. 504 (statutory service requirements are jurisdictional for APA review)
- Clarke v. First Nat. Bank of Omaha, 296 Neb. 632 (court must determine jurisdiction sua sponte)
- Abdouch v. Lopez, 285 Neb. 718 (definition of personal jurisdiction)
- In re Estate of Evertson, 295 Neb. 301 (definition of subject matter jurisdiction)
- Heckman v. Marchio, 296 Neb. 458 (right of appeal is purely statutory)