Nebraska Revised Statute 79-265
79-265.
Principal; suspend student; grounds; procedure; written statement; conference.
(1) Except as provided in section 79-265.01, the principal may deny any student the right to attend school or to take part in any school function for a period of up to five school days on the following grounds:
(a) Conduct constituting grounds for expulsion as set out in the Student Discipline Act; or
(b) Any other violation of rules and standards of behavior adopted under the act.
(2) Such short-term suspension shall be made only after the principal has made an investigation of the alleged conduct or violation and has determined that such suspension is necessary to help any student, to further school purposes, or to prevent an interference with school purposes.
(3) Before such short-term suspension takes effect, the student and the parent, guardian, or educational decisionmaker as defined in section 79-530 of the student shall be given oral and written notice of the charges against the student, an explanation of the evidence the authorities have, and an opportunity to present the student's version of the events leading to the alleged conduct or violation the principal has determined necessitates a short-term suspension and evidence to support the student's version of such events.
(4)(a) Within twenty-four hours or such additional time as is reasonably necessary, not to exceed an additional forty-eight hours, following such suspension, the principal shall send a written statement to the student and his or her parent or guardian describing:
(i) The student's conduct, misconduct, or violation of the rule or standard;
(ii) The reasons for the action taken;
(iii) The actions made by the school to try to discontinue or alleviate the behavior of the student prior to considering suspension;
(iv) Resources the school is able to provide or recommend to assist the student; and
(v) How the school plans to handle such behavior in the future, including an actionable plan aimed at maximizing strategies to keep the student in school.
(b) The principal shall make a reasonable effort to hold a conference with the parent or guardian before or at the time the student returns to school and shall document such effort in writing. If such conference has not been held, a parent, guardian, or educational decisionmaker as defined in section 79-530 may submit a written request to the school for a conference with the principal relating to the short-term suspension of such parent's, guardian's, or educational decisionmaker's child pursuant to this section and the written statement received pursuant to subdivision (4)(a) of this section.
Source
- Laws 1976, LB 503, § 9;
- Laws 1994, LB 1250, § 14;
- R.S.1943, (1994), § 79-4,178;
- Laws 1996, LB 900, § 69;
- Laws 2023, LB705, § 64;
- Laws 2026, LB653, § 2.
- Effective Date: July 18, 2026
Annotations
The statutory procedures to be followed in establishing and promulgating rules and standards of student conduct and in suspending students for violation of such rules embody all due process requirements set out in Goss v. Lopez, 419 U.S. 565 (1975). Walker v. Bradley, 211 Neb. 873, 320 N.W.2d 900 (1982).