J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- A Barr Middle School student (J.S.) posted anonymously on social media from home: one post said “Tomorrow gonna be hella fire … be there (School),” another (by someone else) showed a gun emoji; police alerted the school.
- April 4: extra security, school swept, over 100 parent calls, 17 students checked out; administrators interviewed students and identified J.S. as the author of the “hella fire” post.
- Principal suspended J.S. for 15 days; at her administrative hearing J.S. said the post meant “good/cool” and was sarcastic about skipping school.
- Superintendent and school board upheld the suspension; J.S. timely filed a petition in Hall County District Court to review under the Student Discipline Act but did not serve the board with summons and petition.
- The district court affirmed on the merits (finding substantial disruption); on appeal the Nebraska Supreme Court sua sponte questioned whether the district court had subject matter jurisdiction because statutory service requirements were not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court acquired subject matter jurisdiction under § 79-289 by filing the petition without serving the board with summons/petition | J.S.: voluntary appearance by GIPS equated to service under § 25-516.01, so § 79-289 was satisfied | GIPS: parties cannot confer subject matter jurisdiction by voluntary appearance or consent; statutory summons/service requirements are mandatory | Held: No jurisdiction. Filing alone was not enough; failure to serve the board with summons and petition deprived the district court of subject matter jurisdiction |
| Whether the district court’s merits ruling (affirming suspension for substantial disruption) could be reviewed given jurisdictional defect | J.S.: merits review was properly before the court because defendant’s voluntary appearance waived defects | GIPS: merits review improper because subject matter jurisdiction never vested | Held: Merits decision void for lack of subject matter jurisdiction; appellate court lacked jurisdiction and dismissed appeal |
Key Cases Cited
- Concordia Teachers College v. Neb. Dept. of Labor, 252 Neb. 504, 563 N.W.2d 345 (1997) (statutory requirement to serve summons within statutory timeframe is prerequisite to district court subject matter jurisdiction on administrative appeal)
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017) (appellate courts must determine their own jurisdiction sua sponte)
- J.P. v. Millard Public Schools, 285 Neb. 890, 830 N.W.2d 453 (2013) (appeals under the Student Discipline Act are governed by the Administrative Procedure Act)