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).” Police alerted the school after a second anonymous post referenced a gun.
- The next day the school increased security, searched the building, and received over 100 calls from concerned parents; several students were checked out.
- School interviews identified J.S. as the author of the “hella fire” post; she admitted making that post but denied the gun post. The principal suspended her for 15 days.
- J.S. administratively appealed; the superintendent and the school board each upheld the suspension.
- J.S. timely filed a petition in district court to review the board’s decision, but did not serve the board with a summons and petition; the board filed a voluntary appearance acknowledging receipt of the petition and waiving service of summons, although the record lacks proof of formal service.
- The district court affirmed the suspension on the merits, but the Nebraska Supreme Court sua sponte reviewed whether the district court acquired subject matter jurisdiction under the Student Discipline Act (Neb. Rev. Stat. § 79-288 et seq.).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court acquired subject matter jurisdiction under § 79-289 (filing + service required) | J.S.: filing + board’s voluntary appearance (waiver of summons) satisfied service requirement | GIPS: parties cannot confer subject matter jurisdiction by voluntary appearance; statutory service requirement not met | Held: No subject matter jurisdiction — J.S. failed to serve summons and petition on the board as required, so district court lacked jurisdiction |
| Whether a voluntary appearance under § 25-516.01 equates to service for subject matter jurisdiction | J.S.: § 25-516.01 treats voluntary appearance as equivalent to service | GIPS: § 25-516.01 pertains to personal jurisdiction/service of process, not subject matter jurisdiction | Held: Voluntary appearance may confer personal jurisdiction but cannot create subject matter jurisdiction; statute’s mandatory service rule controls |
Key Cases Cited
- Concordia Teachers College v. Nebraska Dept. of Labor, 252 Neb. 504, 563 N.W.2d 345 (1997) (statute requires summons served within statutory period to vest jurisdiction for APA review)
- Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017) (appellate courts must determine jurisdiction regardless of party assertions)
- Estermann v. Bose, 296 Neb. 228, 892 N.W.2d 857 (2017) (statutory interpretation is a question of law reviewed de novo)
- Essman v. Nebraska Law Enforcement Training Center, 252 Neb. 347, 562 N.W.2d 355 (1997) (filing and service are required prerequisites for district court jurisdiction under the APA)
- 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)