Vetoed by Governor Pete Ricketts

Vote Smart's Synopsis:

Vote to pass a bill that authorizes suspended or expelled students to complete their coursework out of school.

Highlights:

• Requires students who are suspended be given an opportunity to complete any classwork and homework missed during the period of suspension, including, but not limited to, examinations and that each school district develops and adopts guidelines that provide students with the opportunity to complete classwork and homework (Sec. 4).

• Authorizes any 2 or more school boards or boards of education to join together in providing alternative schools, classes, or educational programs (Sec. 5). 

• Specifies that any school district may by agreement with another district send its suspended or expelled students to any alternative school, class, or educational program already in operation by such other district (Sec. 5).

• Requires a school district to reinstate the student, at the conclusion of an expulsion, and accept non duplicative, grade-appropriate credits earned by the student during the term of his or her expulsion from any Nebraska accredited institution or institution accredited by one of the 6 regional accrediting bodies in the United States (Sec. 5-4).

• Establishes that the decision as to the recommended discipline will be made within 2 school days after learning of the alleged student misconduct (Sec. 7-1).

• Authorizes the student to be suspended by the principal until the date the long-term suspension, expulsion, or mandatory reassignment takes effect if there is a risk of (Sec. 7-3):

• Interference with an educational function or school purpose; or

• A personal injury to the student himself or herself, other students, school employees, or school volunteers.

• Establishes hearings for the student to determine their enrollment status and specifies that hearing examiners must:

• Have not brought the charges against the student;

• Not be a witness at the hearing; and

• Have no involvement in the charge and that expenses and fees of any hearing examiner, in connection with the hearing, shall be paid by the school board.

• Specifies individuals whose impartiality may be reasonably questioned as hearing examiners include, but not be limited to individuals who (Sec. 8.c):

• Have a personal bias or prejudice concerning a party;

• Have personal knowledge of evidentiary facts concerning the proceeding;

• Have served as legal counsel to the school district; or

• Have a spouse who is an employee of, or is under contract with, the school district.

• Requires the superintendent to notify the student or the student's parent or guardian of the superintendent's determination within 5 school days after receipt of the hearing examiner's report (Sec. 12-2).

Full Bill Text