J.S. v. Grand Island Public Schools
297 Neb. 347
| Neb. | 2017Background
- A Barr Middle School student, J.S., posted on social media from home saying “Tomorrow gonna be hella fire … be there (School),” which another anonymous user followed with “Don’t show up to school tomorrow [gun emoji].”
- Police alerted the school; the next day the school increased security, searched the campus, received over 100 parent calls, and several students were checked out.
- During investigation, J.S. admitted making the “hella fire” post (but not the gun-emoji post); the principal suspended her for 15 days and sent her home.
- J.S. administratively appealed; the superintendent and the school board each upheld the suspension after hearings.
- J.S. timely filed a petition in district court to review the board’s decision, but the record shows she did not serve the board with a summons and copy of the petition; the board later filed a voluntary appearance and waived service under § 25-516.01.
- The district court affirmed the suspension on the merits; on appeal, the Nebraska Supreme Court sua sponte questioned subject-matter jurisdiction because statutory service requirements appeared unmet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court obtained subject-matter jurisdiction under the Student Discipline Act (§ 79-289) | J.S.: voluntary appearance by GIPS (waiver of summons) is equivalent to service under § 25-516.01, so § 79-289’s service requirement was satisfied | GIPS: parties cannot by consent or voluntary appearance confer subject-matter jurisdiction; statutory service required | Held: No subject-matter jurisdiction — plaintiff failed to serve the board with summons and petition as § 79-289 requires, so district court action was void and appellate court lacks jurisdiction |
| Whether voluntary appearance under § 25-516.01 can substitute for statutory service required for appeal from school board | J.S.: § 25-516.01 equates voluntary appearance with service | GIPS: § 25-516.01 addresses personal jurisdiction/service of process, not subject-matter jurisdiction; it cannot create subject-matter jurisdiction | Held: Voluntary appearance can effect personal jurisdiction but cannot confer subject-matter jurisdiction required by statute |
| Whether the district court’s merits decision (suspension upheld) should be reviewed despite procedural defect | J.S.: merits were resolved below; court should reach substantive issues | GIPS: procedural defect is jurisdictional and fatal; merits cannot cure lack of statutory compliance | Held: Procedural (service) defect deprived court of jurisdiction; merits disposition is void |
| Whether the appeal should be dismissed for lack of jurisdiction | J.S.: compliance via waiver/voluntary appearance satisfied requirement | GIPS: failure to serve is fatal; appeal must be dismissed | Held: Appeal dismissed for lack of subject-matter jurisdiction |
Key Cases Cited
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1 (2017) (appellate duty to determine jurisdiction regardless of party positions)
- Concordia Teachers College v. Nebraska Dept. of Labor, 252 Neb. 504 (1997) (statute requires summons be served within statutory period as prerequisite to district court subject-matter jurisdiction on administrative review)
- Clarke v. First Nat. Bank of Omaha, 296 Neb. 632 (2017) (parties cannot confer subject-matter jurisdiction by consent or waiver)