J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- A Barr Middle School student, J.S., posted "Tomorrow gonna be hella fire... be there (School)" on social media from home; a separate anonymous post included a gun emoji.
- Police notified the school; extra security was deployed, over 100 parent calls were received, and significant absenteeism occurred the next day. 17 students were checked out.
- J.S. admitted making the "hella fire" post (which she said meant "good/cool") but was not linked to the gun-emoji post; the principal suspended her for 15 days.
- Superintendent and the school board upheld the suspension after administrative hearings; J.S. timely filed a petition in district court to review the board’s decision.
- The board filed a voluntary appearance and waived service of summons; the record does not show actual service of summons and petition on the board as required by statute.
- The district court affirmed the suspension on the merits; on appeal the Nebraska Supreme Court sua sponte questioned subject-matter jurisdiction under the Student Discipline Act and ordered briefing on whether statutory service requirements were met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court acquired subject-matter jurisdiction under § 79-289 by filing petition without serving summons and petition on the school board | Filing the petition and the board’s voluntary appearance (under § 25-516.01) waived summons and equates to service, so § 79-289 was satisfied | Subject-matter jurisdiction cannot be conferred by voluntary appearance; statutory service (summons + copy of petition to board) is mandatory and was not completed | Court held jurisdiction was not acquired because J.S. failed to serve summons and petition on the board as required; district court’s action was void |
| Whether parties can cure lack of statutorily required service by consent/waiver | J.S.: board’s voluntary appearance amounted to waiver of service requirements | GIPS: consent/waiver cannot create subject-matter jurisdiction | Court held parties cannot confer subject-matter jurisdiction by consent; voluntary appearance does not satisfy statute |
| Whether appeal may proceed to merits despite service defect | J.S.: procedural irregularity should not bar merits review given timely filing and board’s acknowledgment | GIPS: strict statutory compliance required for appellate jurisdiction | Court dismissed appeal for lack of jurisdiction without reaching merits |
| Applicability of APA review timing/service rules to Student Discipline Act appeals | J.S.: § 25-516.01 permits voluntary appearance to suffice | GIPS: Student Discipline Act appeal procedures (governed by APA) require filing plus service within statutory mode and time | Court held appeals under Student Discipline Act are governed by APA rules; both filing and service are mandatory prerequisites to district court jurisdiction |
Key Cases Cited
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1 (discussing jurisdictional obligations of appellate courts)
- Estermann v. Bose, 296 Neb. 228 (statutory interpretation is reviewed de novo)
- Concordia Teachers College v. Nebraska Dept. of Labor, 252 Neb. 504 (statutory requirement to serve summons within prescribed time is jurisdictional for APA appeals)
- J.P. v. Millard Public Schools, 285 Neb. 890 (appeals from Student Discipline Act are governed by the APA)