J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- Middle school student J.S. posted on social media from home a message (“hella fire … be there (School)”) that was interpreted by others as potentially threatening. The Barr Middle School administration and police were notified.
- The next day the school added security, searched the building, received 100+ parent calls, and several students were checked out; administration investigated and interviewed students.
- J.S. admitted making the “hella fire” post (but not a different post with a gun emoji); the principal sent her home and imposed a 15-day suspension.
- J.S. exhausted administrative review: an administrative hearing, the superintendent, and the school board each upheld the suspension.
- J.S. timely filed a petition in Hall County District Court to appeal under the Student Discipline Act, but did not serve the board with a summons and copy of the petition; the board filed a voluntary appearance and waived service under §25-516.01, though the record shows no formal service.
- The district court affirmed the suspension on the merits; on further review the Nebraska Supreme Court sua sponte questioned whether the district court had acquired subject matter jurisdiction because statutory service requirements were not satisfied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court acquired subject matter jurisdiction under the Student Discipline Act when petitioner filed a timely petition but did not serve the board with summons and a copy of the petition | J.S.: voluntary appearance by the board and its waiver under §25-516.01 is equivalent to service and satisfies §79-289 service requirement | GIPS: parties cannot confer subject matter jurisdiction by voluntary appearance or waiver; statutory service requirement in §79-289 must be met | Held: No subject matter jurisdiction — failure to serve summons and petition on the board prevented district court (and appellate court) from acquiring jurisdiction; appeal dismissed |
Key Cases Cited
- Concordia Teachers College v. Nebraska Department of Labor, 252 Neb. 504 (1997) (statute requires summons served within 30 days of filing as prerequisite to district court subject matter jurisdiction on APA review)
- Medicine Creek v. Middle Republican Natural Resources District, 296 Neb. 1 (2017) (appellate courts must determine jurisdiction sua sponte)
- Clarke v. First National Bank of Omaha, 296 Neb. 632 (2017) (parties cannot confer subject matter jurisdiction by consent or waiver)
- Abdouch v. Lopez, 285 Neb. 718 (2013) (distinguishing personal jurisdiction from subject matter jurisdiction; voluntary appearance equates to service for personal jurisdiction purposes)