79-291. Judicial review; conducted without a jury; grounds for judicial action.

155 words·~1 min read·/ne/chapter-79/79-291

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the record.

(2)The court may affirm the decision of the school board or board of education, remand the case for further proceedings, or reverse or modify the decision if the substantial rights of the petitioner may have been prejudiced because the board's decision is:

(a)In violation of constitutional provisions;

(b)In excess of the statutory authority or jurisdiction of the board;

(c)Made upon unlawful procedure;

(d)Affected by other error of law;

(e)Unsupported by competent, material, and substantial evidence in view of the entire record as made on review; or

(f)Arbitrary or capricious.

The Student Discipline Act specifically grants the district court the power to reverse the decision of a board of education if a student’s constitutional rights were violated. J.P. v. Millard Public Schools, 285 Neb. 890, 830 N.W.2d 453 (2013).