J.S. v. Grand Island Public Schools
297 Neb. 347
Neb.2017Background
- On April 3–4, 2016, an anonymous social-media post by Barr Middle School students said “Tomorrow gonna be hella fire” and another said “Don’t show up to school tomorrow [gun emoji].” Police notified the school; extra security and searches occurred the next day, parents called, and some students stayed home.
- J.S., a Barr student, admitted she made the “hella fire” post from home but did not make the gun-emoji post; the principal suspended her for 15 days.
- J.S. requested an administrative hearing; the superintendent and then the GIPS Board upheld the suspension.
- J.S. timely filed a petition in Hall County District Court to review the Board’s decision under the Student Discipline Act, but the record shows she did not serve a summons and copy of the petition on the Board as required by statute.
- The Board filed a voluntary appearance and expressly waived service of summons; the district court nonetheless held a hearing and affirmed the suspension on the merits, finding the post caused a substantial disruption.
- On appeal to the Nebraska Supreme Court, the court sua sponte questioned whether the district court had subject matter jurisdiction because statutory service requirements had not been met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court acquired subject matter jurisdiction under § 79‑289 when petitioner filed a timely petition but did not serve summons and petition on the Board | J.S.: Voluntary appearance by Board under § 25‑516.01 equated to service and satisfied § 79‑289 | GIPS: Parties cannot confer subject matter jurisdiction by consent; voluntary appearance only affects personal jurisdiction, not subject matter jurisdiction | Held: No subject matter jurisdiction — plaintiff failed to serve summons and petition on Board as required, so district court (and Supreme Court) lacked jurisdiction and appeal dismissed |
| Whether voluntary appearance substituted for statutorily required summons service | J.S.: § 25‑516.01 makes voluntary appearance equivalent to service | GIPS: § 25‑516.01 governs personal jurisdiction/service only; cannot supply subject matter jurisdiction | Held: Voluntary appearance equates to personal-service effect, not subject matter jurisdiction; statutory service requirement is mandatory |
Key Cases Cited
- Concordia Teachers College v. Nebraska Dept. of Labor, 252 Neb. 504, 563 N.W.2d 345 (1997) (statute required summons be served within prescribed time as prerequisite to district court's jurisdiction under APA)
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017) (appellate courts must determine jurisdiction sua sponte)
- Burns v. Burns, 293 Neb. 633, 879 N.W.2d 375 (2016) (voluntary appearance relates to personal jurisdiction/service of process)