I. General Statement. The District's disciplinary rules and procedures are designed to protect students' constitutional and statutory rights within the context of an orderly and effective educational process. Students will be excluded from school and/or school activities when their conduct interferes with an orderly and effective educational process.

II. Types of Exclusion and Disciplinary Action.

A. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in Rule 5400.6(IX)(G), on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with Rule 5400.6(II)(D)(1) through (4) as may be applicable.

B. Short-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

C. Emergency Exclusion. Immediate exclusion if:

1. The student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health and safety of the school community; or

2. The student's conduct presents a clear threat to the physical safety of himself, herself, or others; or

3. The student’s conduct is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.

4. An emergency exclusion shall be based upon a clear factual situation warranting it and shall last no longer than is necessary to avoid the dangers necessitating the exclusion.

5. Emergency Exclusion for Five (5) Days or Less. The same procedures for short-term suspension shall be used for an emergency exclusion for five (5) days or less.

6. Emergency Exclusion for Over Five (5) Days. If the Superintendent or Superintendent’s designee determines that the exclusion will extend beyond five (5) days, the following procedural provisions must be followed:

a. Hearing/Final Determination. A hearing will be held and a final determination made within ten (10) school days after the initial date of exclusion.

b. Hearing Procedures. The hearing will be conducted in compliance with the disciplinary hearing procedures which are used for long-term suspension, expulsion and reassignment.

D. Long-term Suspension. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education for students suspended for ten (10) school days or more) for more than five (5) school days but less than twenty (20) school days If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester.

E. Expulsion. Except as provided in Section II(A) above, exclusion from all schools in the District (except the location designated for alternative education) for a period not to exceed the remainder of the semester in which it took effect with the following exceptions:

1. If the misconduct occurred within ten (10) school days prior to the end of the first semester, the expulsion shall remain in effect through the second semester; or

2. If the misconduct occurred within ten (10) school days prior to the end of the second semester, the expulsion shall remain in effect for summer school and the first semester of the following school year subject to the annual review provision of Section II(D)(3)(d) below.

3. If the misconduct occurred prior to the last ten (10) school days of the first semester and the expulsion takes effect in the second semester because the recommendation for expulsion was appealed to a hearing examiner and/or to the Board or designated committee, the length of the expulsion shall not exceed the number of days it would have been in effect had the appeal not been made.

4. The time periods above do not apply to the following infractions which have the following periods of exclusion:

a. Firearms. Expulsion for one (1) year of any student who knowingly possesses, handles, transmits, uses, intimidates with, or threatens with any firearm, explosive, or destructive device as provided in Rule 5400.6 (II)(D)(1), on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. This subsection shall not apply to:

i. The issuance of firearms or the possession of firearms by members of the Reserve Officers Training Corps when training; or

ii. Firearms which lawfully are possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms.

b. Dangerous Weapons. Students who use, intimidate with, threaten with, handle, transmit, possess on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, air soft gun, B.B. gun, or pellet gun, as provided in Rule 5400.6 (II)(D)(2), shall be excluded for twenty school (20) days and may be excluded for one (1) year.

c. Other Dangerous Weapons. Students who use or threaten with a knife, throwing star, brass knuckle, chemical substances, (including, but not limited to, mace, pepper guns, and bleach), and any other object that could be used to injure a person as provided in Rule 5400.6 (II)(D)(3), may be excluded for the remainder of the school year if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

d. Personal Injury. Students who knowingly and intentionally use force in causing or attempting to cause personal injury to a school employee, school volunteer, or student (unless caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person as hereafter provided) shall be excluded for a period not to exceed the remainder of the school year in which it took effect if the misconduct occurs during the first semester. If the expulsion takes place during the second semester, the exclusion shall remain in effect for summer school and may remain in effect for the first semester of the following school year.

e. Sexual Assault. Students who sexually assault or attempt to sexually assault any person on school grounds shall be excluded for one (1) year. Students who sexually assault or attempt to sexually assault any person off school grounds may be excluded for one (1) year, provided that a complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Sexual assault shall mean sexual assault in the first and second degree as defined in Neb. Rev. Stat. §§ 28-319 and 320 or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§ 28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Neb. Rev. Stat. § 79-267(9).

f. Annual Review. Any expulsion that will remain in effect during the first semester of the following school year shall be automatically scheduled for review before the beginning of the school year. The review shall be conducted by a hearing examiner after the hearing examiner has given notice of the review to the student and to the student's parents or guardian. The review shall be limited to newly discovered evidence or evidence of changes in the student's circumstances occurring since the original hearing. This review may lead to the hearing examiner recommendation that the student be re-admitted for the upcoming school year. If the Board (or Board Committee) took the final action to expel the student, the student may be re-admitted only by Board action. Otherwise, the student may be re- admitted by the Superintendent.

F. Mandatory Reassignment. Involuntary transfer to another school in the District.

G. Exclusion from School Grounds and Activities. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion, the student will be prohibited from being on school grounds (except the location designated for alternative education) and from participating in any District-sponsored 
extracurricular activities and from attending any extracurricular activities which take place on District property.

H. Other Disciplinary Action. Administrative and teaching personnel may take actions regarding student behavior which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, referral to restorative justice practices or services ,rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such 
counseling or evaluation.

III. Standards for Student Conduct (Rule 5400.6). In conjunction with the Student Discipline Act, the District shall adopt Standards for Student Conduct contained in Rule 5400.6 that will set forth student misconduct and the maximum sanction that the District shall impose. Rule 5400.6 shall be reviewed annually by the Board, and shall be distributed to students at the beginning of the school year or, in the case of student transfers, upon enrollment in the District.

IV. Effective Date of Exclusion. When a notice of intent to discipline a student by long- term suspension, expulsion, or mandatory reassignment is filed with the Superintendent, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of 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.

V. Procedures for Exclusion. The District will adhere to the procedural requirements of 
federal and state law for the exclusion of students from school and school activities.

VI. Hearings. In cases involving emergency exclusion for more than five (5) school days, long-term suspension, expulsion, and mandatory reassignment, the student will have the right to a hearing to contest the exclusion. A Request for Hearing form will be provided to the student and the student's parents or guardian along with a description of the hearing procedures provided by the Student Discipline Act along with the procedures for appealing any decision rendered at the hearing.

VII. Formal Hearings and Appeal. If a principal makes a decision to discipline a student by long-term suspension, expulsion, or mandatory reassignment, the following
procedures shall be followed:

A. Written Charge and Summary of Evidence.

1.    The decision to recommend discipline shall be made within two (2) school days after learning of the alleged misconduct. On the date of the decision, a written charge and a summary of the evidence supporting such charge shall be filed with the Superintendent or designee.

2.    The principal shall, within two (2) school days of the decision, send written notice by registered or certified mail or by personal delivery to the student and his or her parent or guardian informing them of the rights established under the Student Discipline Act.

B.    Written Notice.  Written notice must include the violation and summary of evidence; the recommended penalty; the right to a hearing; the hearing procedure; a statement that the principal, legal counsel for the school, the student, the student’s parent or the student’s representative or guardian shall have a right to examine the student’s academic and disciplinary records and any affidavits to be used at the hearing, plus the right to know the identity of the witnesses to appear at the hearing and the substance of their testimony; and that if the student is suspended pending the outcome of a hearing, the student will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension as provided in Rule 5400.5(III) and Rule 6235.1.  A form on which the student, the student’s parent, or the student’s guardian may request a hearing must accompany the written notice, including the address where the hearing request form is to be delivered in person or by registered or certified mail.

C.    Suspension until Hearing.  When a notice of intent to discipline a student by long-term suspension, expulsion, or mandatory reassignment is filed with the Superintendent or designee, the student may be suspended by the principal until the date the disciplinary action takes effect, if the principal determines that the student must be suspended immediately to prevent or substantially reduce the risk of 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:

D.    Procedures if a Hearing is not Requested.  If a hearing is not requested by the student or the student’s parent or guardian within five (5) school days following receipt of written notice, the punishment recommended in the charge by the principal or his/her designee will automatically go into effect upon the fifth (5th) school day following receipt of the written notice by the student or his/her parent or guardian.

E.    Procedures if a Hearing is Requested.

1.    Request for Hearing.  A hearing must be requested within five (5) school days after receipt of the written notice.

a.    Request of Hearing Beyond Five Days.  If a hearing is requested more than five (5) school days but not more than thirty (30) calendar days following the actual receipt of the written notice, the hearing examiner shall be appointed and the hearing shall be held pursuant to the requirements of this Rule, but the imposed punishment shall continue in effect pending final determination.

2.    Appointment of Hearing Examiner.  If a hearing is requested the Superintendent shall within two (2) school days after receipt of the hearing request recommend appointment of a hearing examiner. The student or the student’s parent or guardian may request designation of a hearing examiner other than the hearing examiner recommended by the Superintendent if notice of the request is given to the Superintendent within two (2) school days after receipt of the Superintendent’s recommended appointment. Upon receiving such request, the Superintendent shall provide one (1) alternative hearing examiner who is not an employee of the District or otherwise currently under contract with the District and whose impartiality may not otherwise be reasonably questioned. The Superintendent may also provide an additional list of hearing examiners that may include hearing examiners employed by or under contract with the District. The student or the student’s parent or guardian shall, within five (5) school days, select a hearing examiner to conduct the hearing who was recommended, provided as an alternative hearing examiner, or included on an additional list, if any, and shall notify the Superintendent in writing of the selection. The Superintendent shall appoint the selected hearing examiner upon receipt of such notice. Individuals whose impartiality may be reasonably questioned shall include, but not be limited to, individuals who 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 District, or have a spouse who is an employee of or is under contract with the District.

3.    The hearing examiner shall be any person designated pursuant to Section VII(E)(2) above, if such person has not brought the charges against the student, shall not be a witness at the hearing, and has no involvement with the charge.

4.    Notice of Time and Place for Hearing.  Within two (2) school days after being appointed, the hearing examiner shall give written notice to the principal, the student, and the student’s parent or guardian of the time and place for the hearing.

a.    The hearing shall be held within a period of five (5) school days after appointment of the hearing examiner, but such time may be changed by the hearing examiner for good cause with consent of the parties.

b.    No hearing shall be held upon less than two (2) school days actual notice to the principal, the student, and the student’s parent or guardian, except with the consent of all the parties.

5.    Right to Examine Records and Statements.  The principal or legal counsel for the District, the student, and student’s parent or guardian, or representative, shall have the right to receive a copy of all records, affidavits and written statements referred to Section VII (B) of this Rule, and the statement of any witness in the possession of the principal no later than forty-eight (48) hours prior to the hearing.

F.    Hearing Procedures.

1.    Required Attendance at Hearing.  The hearing examiner, student, student’s parent or guardian, the student’s representative, if any, and legal counsel for the principal or District, if any, shall attend the hearing.

2.    Witnesses.  Witnesses shall be present only when they are giving information at the hearing.  The student, the student’s parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing.  Such testimony shall be under oath, and the hearing examiner shall be authorized to administer the oath.  The hearing examiner, upon proper advance request, shall make reasonable effort to assist the student or the student’s parent, guardian, or representative in obtaining the attendance of the witnesses. The District shall make available those witnesses who have knowledge of or were involved in the alleged misconduct and subsequent discipline of the student, if such witnesses are requested by the student, the student’s parent, guardian, or representative, and such witnesses are employees or under contract with the District.

a.    Cross-Examination.  The student, the student’s parent, guardian, or representative, the principal, the principal’s or the District’s legal counsel, and the hearing examiner shall have the right to question any witness giving information at the hearing.

b.    Immunity.  Any person giving evidence by written statement or in person at a hearing shall be given the same immunity from liability as a person testifying in a court case.

3.    Student Testimony.  The student may speak in his or her own defense and may be questioned on his or her testimony, but he or she may choose not to testify and, in such case, shall not be threatened with punishment nor be later punished for refusal to testify.

4.    Individuals may be Excluded from the Hearing.  The student may be excluded from the hearing in the discretion of the hearing examiner at times when the student’s psychological evaluation or emotional problems are being discussed.  The hearing examiner may exclude anyone from the hearing when his or her actions substantially disrupt an orderly hearing.

5.    Evidence on the Student’s Conduct and Records.  The principal may present to the hearing examiner statements, in affidavit form, of any person having information about the student’s conduct and the student’s records, provided that such statements and records have been provided to the student or the student’s parent, guardian, or representative at least forty-eight (48) hours prior to the hearing.  The information contained in such records shall be explained and interpreted, prior to or at the hearing, to the student, parent or guardian, or representative, upon request, by appropriate District personnel.

6.    Rules of Evidence.  In conducting the hearing, the hearing examiner shall not be bound by the rules of evidence or any other rule of courtroom procedure.

7.    Proceedings Recorded.  The proceedings of the hearing shall be recorded at the expense of the District.

8.    Joint Hearings.  A joint hearing may be conducted when more than one (1) student is charged with violating the same rule and acted in concert, and the facts are substantially the same for all such students.

a.    Discretion of Hearing Examiner.  A joint hearing may be conducted if the hearing examiner believes that a joint hearing is not likely to result in confusion and no student shall have his or her interests substantially prejudiced by a single hearing.

b.    Order for Separate Hearing.  If during the conduct of the hearing the hearing examiner finds that a student’s interests will be substantially prejudiced by a joint hearing or that the hearing is resulting in confusion, the hearing examiner may order a separate hearing for any student.

G.    Post-Hearing Report.  After the hearing, a report shall be made by the hearing examiner to the Superintendent or designee and to the student or the student’s parent or guardian within ten (10) calendar days after the hearing.  The report shall contain the hearing examiner’s findings and recommendation of the action to be taken, and the report shall explain in terms of the needs of both the student and the District, the reasons for the particular action recommended.

1.    Range of Recommendations.  The recommendation by the hearing examiner may range from no action, through the entire field of counseling, to long-term suspension, expulsion, mandatory reassignment, or an alternative education placement.

2.    Review by Superintendent or Designee.  A review of the hearing examiner’s report shall be made by the Superintendent or designee.  The Superintendent or designee may change, revoke, or impose the sanction recommended by the hearing examiner but shall not impose a sanction more severe than that recommended by the hearing examiner. The Superintendent or designee shall notify the student or the student’s parent or guardian of such determination within five (5) school days after receipt of the hearing examiner’s report.

3.    Decisions Based on Evidence.  The findings and recommendations of the hearing examiner, the determination by the Superintendent, and any determination on appeal to the Board, shall be made solely on the basis of the evidence presented at the hearing or, in addition, on any evidence presented on appeal.

H.    Final Disposition.  Written notice of the findings and recommendations of the hearing examiner and the determination of the Superintendent or designee shall be made by certified or registered mail or by personal delivery to the student or the student’s parent or guardian.  Upon receipt of such written notice by the student, parent, or guardian, the determination of the Superintendent or designee shall take immediate effect, unless the student or the student’s parent or guardian appeals the written notice of determination by the Superintendent or designee, pursuant to Section VIII below.

VIII.    Request for Appeal to the Board.  The student or the student’s parent or guardian may, within seven (7) school days following receipt of the Superintendent’s written notice of the determination, appeal the determination to the Board by a written request which shall be filed with the secretary of the Board or with the Superintendent. 

A.    Appeal Hearing.

1.    When.  A hearing shall be held before the Board within a period of ten (10) school days after it is requested, and such time for a hearing may be changed by mutual agreement of the student and Superintendent.

2.      Deliberating Body.  The hearing may be held before a committee of the Board of not less than three (3) members. 

3.    Appeal Proceedings.  Such appeal shall be made on the record, except that new evidence may be admitted to avoid a substantial threat of unfairness. Any such new evidence shall be recorded at the expense of the District. The Board or designated committee shall allow oral arguments, and the length of such oral arguments may be limited.

4.    Deliberation.  After examining the record, taking new evidence, if any, and hearing oral arguments, the Board or designated committee may withdraw to deliberate privately upon such record and new evidence.

a.    Limitations.  Any such deliberation shall be held in the presence only of Board members in attendance at the appeal proceeding but may be held in the presence of legal counsel who has not previously acted as the designee of the principal in presenting the school’s case before the hearing examiner. 

b.    Questions during Deliberation.  If any questions arise during such deliberations which require additional evidence, or information, the deliberating body may reopen the hearing to receive such evidence, or information, subject to the right of all parties to be present. 

5.    Action on Appeal.  The deliberating body may alter the Superintendent’s disposition of the case if it finds the decision to be too severe but may not impose a more severe sanction.

6.    Dispatch of Final Action.  The final action of the deliberating body shall be taken within three (3) calendar days after the hearing and shall be evidenced by personally delivering or mailing by certified mail a copy of the deliberating body’s decision to the student and his or her parent or guardian within three (3) calendar days after the final action.

B.    Judicial Review.  Any person aggrieved by a final decision in a contested case under this Rule, whether such decision is affirmative or negative in form, shall be entitled to judicial review.  Nothing in the Rule shall be deemed to prevent resort to other means of review, redress, or relief provided by law.

IX.    Settlement.  Nothing in this Rule shall preclude the student, the student's parents, guardian, or                      representative from discussing and settling disciplinary proceedings with appropriate school personnel prior to the time the long-term suspension, expulsion, or mandatory reassignment takes effect.

X.    Reporting of Criminal Acts to Law Enforcement Agencies.  The school principal or principal’s designee shall notify as soon as possible the appropriate law enforcement authorities of any student act which the principal or principal’s designee knows or suspects is in violation of the Nebraska Criminal Code. 

XI.    Annual Report to State Department of Education.  The Superintendent or Superintendent’s designee shall   annually provide to the State Department of Education:

A.    An assurance that the District has in effect the expulsion policy for bringing a firearm to school required by state law; and

B.    A report, in a manner prescribed by the State Department of Education, which describes the circumstances surrounding any expulsion for possessing, using or transmitting a firearm on school grounds or in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or designee, or at a school-sponsored activity or athletic event, including the name of the school concerned, the number of students expelled from the school, the types of weapons concerned, and the types of programs to which students have been assigned.

I. General Statement. The suspension and expulsion of students with disabilities for disciplinary purposes shall be in accordance with District procedures and state and federal law.

II. Students with Disabilities.

A. Students with disabilities are those students who have been verified by a multidisciplinary team as having autism, behavior disorders, deaf-blindness, developmental delay, hearing impairments (including deafness), intellectual disabilities, multiple impairments, orthopedic impairments, other health impairments, specific learning disabilities, speech-language impairments, traumatic brain injury, or visual impairments (including blindness), and who because of these impairments need special education and related services.

B. Students who have not been determined to be eligible for special education and related services and who have engaged in behavior that violates any rule or code of conduct of the District, may, as hereinafter provided in Section VI of this Rule, assert any of the protections provided for students with disabilities under Section III of this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

III. Suspension, Expulsion and Emergency Exclusion Of Students With Disabilities.

A. Suspension For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for ten (10) consecutive school days or less, and even if the student’s misconduct is a manifestation of the student’s disability.

1. Services shall not be provided to a student with a disability who has been suspended for ten (10) school days or less in the school year if services are not provided to a student without disabilities who has been similarly suspended. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

2. A suspension of five (5) school days or less shall follow the procedures for a short term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but for not more than ten (10) school days, shall follow the procedures for a long term suspension set forth in District Rule 5400.1.

B. Additional Suspensions For Ten (10) Days Or Less. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be subjected to additional suspensions for ten (10) consecutive school days or less in the same school year for separate incidents of misconduct, and even if the student’s misconduct is a manifestation of the student’s disability, just as long as the suspensions do not constitute a pattern of suspensions.

1. Suspensions may constitute a pattern of suspensions if a student is subjected to a series of suspensions that cumulate to more than ten (10) school days in a school year, the
student’s behavior is substantially similar to the student’s behavior in previous incidents
that resulted in a series of suspensions, and because of additional factors such as the length of each suspension, the total amount of time the student is suspended, and the proximity of the suspensions to each other.

2. The student’s IEP Team shall determine whether a pattern of suspensions exists.

3. If the IEP Team determines that a pattern of suspensions does not exist, then the student may be subjected to additional suspensions.

4. If the IEP Team determines that a pattern of suspensions does exist, then the student may not be subjected to additional suspensions unless:

a. The student’s IEP Team determines for each additional suspension that the student’s misconduct was not a manifestation of the student’s disability; and

b. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

c. If the student’s IEP Team determines for any additional suspension that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be subjected to the additional suspension.

5. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the District shall provide special education services during any subsequent suspensions to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations
missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. After a student with a disability has been suspended for more than ten (10) school days in the same school year, then the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

C. Suspension For More Than Ten (10) Days. To the extent that suspension would be applied to a student without disabilities, a student with disabilities may be suspended for more than ten (10) school days and for less than twenty (20) school days, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for a long term suspension set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. If the student’s IEP Team determines that the student’s misconduct was a manifestation of the student’s disability, then the student cannot be suspended for more than ten (10) school days.

5. The District shall provide special education services during a suspension for more than ten (10) school days to the extent required Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1.

6. Either before or not later than ten (10) school days after implementing a suspension for more than ten (10) school days, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

D. Expulsion. To the extent that expulsion would be applied to a student without disabilities, a student with disabilities may be expelled, but only if:

1. The student’s IEP Team determines that the student’s misconduct was not a manifestation of the student’s disability;

2. The procedures for an expulsion set forth in District Rule 5400.1 are complied with; and

3. The procedures for a change in placement set forth in Section III (F) hereinafter are complied with.

4. The District shall provide special education services during the expulsion to the extent required by Title 92, Nebraska Administrative Code, Chapter 51-004.01. District alternative schools, classes, or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade- appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6)
regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

5. Either before or not later than ten (10) school days after implementing an expulsion, the procedures in Section IV (D) hereinafter regarding a functional behavioral assessment and intervention plan shall be followed.

E. Emergency Exclusion. A student with disabilities may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1

F. Change Of Placement Procedures. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspension is determined to exist in accordance with Section III (B) (4) above, then the procedures required for a change in placement must be complied with before the suspension or expulsion, including:

1. Written notification to the parents, in accordance with Title 92, Nebraska Administrative Code, Chapter 51-009.05B, of the intended suspension or expulsion; and

2. Providing the parents with a copy of the District’s Parental Rights In Special Education booklet.

IV. Placement in Alternative Educational Settings for Disciplinary Reasons.

A. The District may order a change in the placement of a student with a disability:

1. To an appropriate interim alternative educational setting or another setting for not more
than ten (10) school days, to the extent such alternatives would be applied to students
without disabilities; or

2. To an appropriate interim alternative educational setting for the same amount of time
that a student without a disability would be subject to discipline, but not for more than forty- five (45) school days, without regard to whether the behavior is determined to be a manifestation of the student’s disability, if:

a. The student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency;

b. The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of the State or a local educational agency; or

c. The student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency.

B. The interim alternative educational setting shall be determined by the student’s IEP Team.

C. Any interim alternative educational setting in which a student is placed shall:

1. Be selected so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the student's current IEP, that will enable the student to meet the goals set out in that IEP; and

2. Include services and modifications designed to address the behavior so that it does not recur.

D. Either before or not later than ten (10) school days after taking a disciplinary action described in Sections III (B), III (C), III (D), or IV (A) (2):

1. If the District did not conduct a functional behavioral assessment and implement a behavioral intervention plan for the student before the behavior that resulted in the disciplinary action, the District shall convene an IEP Team meeting to conduct a functional behavioral assessment and implement a behavioral intervention plan to address that behavior, or

2. If the student already has a behavioral intervention plan, then the IEP Team shall review the plan and modify it, as necessary, to address the behavior.

3. If a student with a disability is suspended for ten (10) school days or less in a given school year and no further suspension or disciplinary action is contemplated, then the functional behavioral assessment need not be conducted.

V. Manifestation Determination Process.

A. Manifestation Determination Review. If a student with a disability is to be suspended for more than ten (10) school days in accordance with Section III (C) above, or is to be expelled in accordance with Section III (D) above, or a pattern of suspensions is determined to exist in accordance with Section III (B) (4) above, then not later than the date on which the decision to take such disciplinary action is made, the parents shall be notified of such disciplinary decision and of all procedural safeguards, and immediately if possible, but in no case later than ten (10) school days after the date on which the decision to take disciplinary action is made, a review shall be conducted of the relationship between the student's disability and the behavior which is subject to the disciplinary action.

1. The manifestation determination review shall be conducted by the District, parent, and relevant members of the student’s IEP Team (as determined by the parent and the District), and shall consist of a review of all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parent to determine:

a. If the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or

b. If the conduct in question was the direct result of the District’s failure to implement the student’s IEP.

2. If it is determined that either Section V(A)(1)(a) or (b) is applicable, then the conduct shall be determined to be a manifestation of the student’s disability and the IEP Team must:

a. Either conduct a functional behavioral assessment and implement a behavioral intervention plan or, if such a plan already exists, review and modify it as necessary so as to address the behavior; and

b. Except as provided in Section IV (A)(2) above, return the student to the placement from which the student was removed, unless the parent and District agree to a change of placement as part of a modification of the behavioral intervention plan.

3. Determination That Behavior Was Not A Manifestation Of Disability.

a. If as a result of the manifestation determination review, the behavior of the student with a disability was not a manifestation of the student's disability, then the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities, except that a free appropriate public education must be available. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

b. If the District initiates disciplinary procedures applicable to all students, then the District shall ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

c. If a parent requests a hearing to challenge the manifestation determination that the behavior of the student was not a manifestation of the student’s disability, the stay-put provision of Title 92, Nebraska Administrative Code, Chapter 55 applies.

B. Parent Appeal. If the student's parent disagrees with a determination that the student's behavior was not a manifestation of the student's disability or with any decision regarding placement, the parent may request a due process hearing under Title 92, Nebraska Administrative Code, Chapter 55.

C. Manifestation Determination Review Not Required. If the student with disabilities is suspended for ten (10) school days or less in a given school year and no further disciplinary action is contemplated, then a manifestation determination review need not be conducted.

VI. Protections For Students Not Yet Eligible For Special Education And Related Services.

A. A student who has not yet been determined to be eligible for special education and related services and who has engaged in behavior that violated any rule or code of conduct of the District, may assert any of the protections provided for students with disabilities in this Rule, if the District had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred.

B. The District shall be deemed to have knowledge that a student is a student with a disability if:

1. The parent of the student has expressed concern in writing to supervisory or administrative personnel of the District, or to a teacher of the student, that the student is in need of special education and related services;

2. The parent of the student has requested an evaluation of the student pursuant to Title 92,
Nebraska Administrative Code, Chapter 51-006.02B; or

3. The teacher of the student, or other personnel of the District, have expressed specific concerns about a pattern of behavior demonstrated by the student directly to the District's Director of Special Education or to other supervisory personnel of the District.

C. The District will not be deemed to have knowledge that a student is a student with a disability if,

1. The student has been evaluated pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006 and was determined not to be a student with a disability under Title 92, Nebraska Administrative Code, Chapter 51; or

2. The parent of the student has not allowed an evaluation of the student pursuant to Title 92, Nebraska Administrative Code, Chapter 51-006, or the parent has refused services under Title 92, Nebraska Administrative Code, Chapter 51.

D. If the District does not have knowledge that a student is a student with a disability prior to taking disciplinary measures against the student, then the student may be subjected to the same disciplinary measures applied to students without disabilities who engage in comparable behaviors, subject to the following:

1. If a request is made for an evaluation of a student during the time period during which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner.

2. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion without educational services.

3. If the student is determined to be a student with a disability, taking into consideration information from the evaluation conducted by the District and information provided by the parents, the District shall provide special education and related services in accordance with the provisions of Title 92, Nebraska Administrative Code, Chapter 51. District alternative schools, classes or programs pursuant to District Rule 5400.5 shall also be available to students with disabilities who are expelled or suspended for ten (10) school days or more.

4. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska
accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D).

I. General Statement. Suspension and expulsion of eligible disabled students under Section 504 of the Rehabilitation Act of 1973 shall comply with District procedures and federal and state statutes, regulations, and rules. 

II. Eligible Disabled Students. 

An eligible disabled student is any student between the ages of five (5) and twenty-one (21) who has not graduated, and who has been determined by a Building 504 Team to qualify as disabled under Section 504, and for whom the District has made available an accommodation plan. 

III. Expulsion. 

A. Expulsion defined. For the purposes of this Rule, any exclusion from school for more than ten (10) school days at one time shall be deemed an expulsion from school and a significant change in placement. 

B. Building 504 Team manifestation determination. Before a disabled student is expelled from school, the student's Building 504 Team will convene to determine whether the student's misconduct was a manifestation of the student's disability. 

C. Manifestation determination. In carrying out a manifestation determination, the Building 504 Team may determine that the misconduct of the student was not a manifestation of the student’s disability only if: 

1. The Building 504 Team first considers, in terms of the misconduct which is the subject of the disciplinary action, all relevant information in the student’s file, any teacher observations, any relevant information supplied by the parents of the student, and the student’s accommodation plan and placement. 

2. The Building 504 Team then determines if the conduct in question was caused by or had a direct and substantial relationship to the student’s disability or if the conduct in question was the direct result of the District’s failure to implement the student’s 504 Plan. 

3. If the Building 504 Team determines that any of the standards in the immediately preceding Section III (C) (2) were not met, then the misconduct must be considered a manifestation of the student’s disability. 

D. Behavior not a manifestation of the disability. If the Building 504 Team determines that the misconduct is not a manifestation of the student’s disability, then the student may be excluded from school pursuant to the procedures set forth herein and in District Rule 5400.1. If a student is excluded pursuant to District Rule 5400.1, then the student shall be eligible for academic credit upon successful participation in and completion of District alternative school, classes, or programs pursuant to District Rule 5400.5. When a student so participates in District alternative school, classes, or programs pursuant to District Rule 5400.5, the student’s Building 504 Team shall convene to consider appropriate changes to the student’s 504 Plan. All students suspended from the District also have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

E. Behavior which is a manifestation of the disability. If the Building 504 Team determines that the misconduct is a manifestation of the student's disability, then the student may not be excluded for more than ten (10) school days. The Building 504 Team will determine whether the student's current educational placement and related aids and services contained in the student's current 504 Plan are appropriate. If deemed inappropriate, then changes to the 504 Plan will be considered by the Building 504 Team. 

F. Expulsion procedures. When a disabled student is excluded from school for more than ten (10) school days, the student and the student's parent are entitled to Section 504's procedural rights including an opportunity for the examination of records, an impartial hearing (with participation of parents and opportunity for counsel), and review by an independent reviewer. In those cases where parents disagree with the manifestation determination, or with the subsequent placement and related aids and services decisions (in those cases where the misconduct is determined to be a manifestation of the disability), they may then request an informal conference or due process hearing as set forth in Sections VII through XI below. 

G. District Alternative Education Program. Expelled disabled students will have available District alternative education pursuant to District Rule 5400.5. The District will also accept at the conclusion of an expulsion and reinstatement of a student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States pursuant to District Rule 5400.5(D). 

IV. Drugs and Alcohol. 

The District shall take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and who currently is engaging in the illegal use or possession of drugs or in the use or possession of alcohol, to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. The procedural safeguards provided in 34 C.F.R. § 104.36 and in Section III (F) above and Sections VII through XI below, shall not apply to such disciplinary actions. 

V. Suspension. 

A. Behavior which is a manifestation of the disability. A student may be suspended from school for ten (10) school days or less, even if the student's misconduct is a manifestation of the student's disability. 

B. Suspension not a change in placement. A suspension of ten (10) school days or less at one time does not constitute a change of placement; however, if a student is suspended for more than ten (10) cumulative school days during the school year, then the Building 504 Team shall convene for each subsequent suspension to review and determine the appropriateness of the student's 504 Plan. 

C. Suspension conditions and procedures. A suspension of five (5) school days or less shall follow the conditions and procedures for a short-term suspension set forth in District Rule 5400.1. A suspension of more than five (5) school days, but not more than ten (10) school days, shall follow the conditions and procedures for a long-term suspension set forth in District Rule 5400.1. All students suspended from the District have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Rules 5400.5(III) and 6235.1. 

VI. Emergency Exclusion. 

A disabled student may be subject to emergency exclusion for the reasons and pursuant to the procedures set forth in District Rule 5400.1. 

VII. Informal Conference. 

Parents and students of majority age may file with the school principal a written request for an informal conference to discuss suspension, expulsion, or the manifestation determination. Within ten (10) school days of the receipt of the request, the principal will convene an informal conference team consisting of the parents, school administrators, and the student's Building 504 Team to attempt to resolve any disagreements. 

VIII. Preliminary Procedures for Formal Hearings. 

A. The following rules apply for formal hearings: 

1. The student's parents must file a written request with the District's Director of Student Services for a formal due process hearing with respect to the suspension or expulsion of their child, or the manifestation determination. The written request must include an explanation of the parents' concern related to the suspension, expulsion, or manifestation determination. 

2. If a formal hearing is requested, the Director of Student Services will appoint an impartial hearing officer. The hearing officer shall not be a witness at the hearing, must have no involvement in the case, must not be a District employee, and must be available to answer any questions relative to the hearing. The District, however, may pay the hearing officer as an independent contractor. 

3. The hearing must be held within twenty (20) school days after a parent's initial request for a hearing, but cannot be held without providing the principal and the student's parents at least five (5) school days prior notice. 

4. The student's parents or representative shall have the right to examine the records and written statements (including the statements of any witnesses for the District) at a reasonable time prior to the hearing. 

5. The hearing officer will also be available preceding the hearing to answer questions concerning the nature and conduct of the hearing. 

IX. The following rules apply when a formal hearing is conducted: 

A. The following shall attend the hearing: the hearing officer, the principal (or designee), the student's parents, and the student's representative (if any). The principal and Board may also have counsel present. 

B. Witnesses may be present only when giving information at the hearing. 

C. The hearing shall be closed to the public. The decision shall be treated as a record of the student, and will not be made available to the public. 

D. The student may be present if requested by the parents; however, the hearing officer may exclude the student at times when the student's psychological evaluation or emotional problems are being discussed. 

E. The principal shall present statements, in affidavit form, to the hearing officer of anyone having information pertinent to the case only if the affidavits have been made available to the student's parents or representative prior to the hearing. 

F. The hearing officer is not bound by the rules of evidence or other rules of courtroom procedure. 

G. The following persons may ask persons to testify at the hearing: the student; the student's parents or representative; the principal (or designee); and the hearing officer. The principal, District, and legal counsel for the District shall not be required to obtain or to assist in obtaining the attendance of any witness desired by the student, or the student’s parent or representative. 

H. The persons listed in the preceding paragraph shall have the right to question any witness giving information at the hearing. 

I. The testimony shall be under oath and the hearing officer shall administer the oath. 

J. Any person giving testimony is given the same immunity from liability as a person testifying in a court case. 

K. The hearing shall be recorded at District expense. 

X. Decision of the Hearing Officer. 

A. The decision of the hearing officer shall conform with the following: 

1. It shall be issued within ten (10) school days after the hearing. It will contain findings of fact, a decision of the action(s) to be taken, and the reasons therefor. The decision will be based solely upon the evidence presented at the hearing. 

2. Written notice of the decision of the hearing officer shall be sent by the Director of Student Services, by registered or certified mail, or by personal delivery, to the student’s parents. 

B. Upon receipt of the written notice, the hearing officer’s decision shall take effect. 

XI. Review Procedure. 

A. Either the complainant or the school may appeal the decision of the hearing officer to an independent reviewer appointed by the Director of Student Services. The independent reviewer must not be a witness at the hearing, must have no involvement in the case, and must be available to answer any questions relative to the hearing. The independent reviewer cannot be an employee of, or under contract with the District. Payment to the independent reviewer for his/her services does not make the reviewer an employee of, or under contract with the District. 

B. A written request for appeal must be filed with the Director of Student Services within five (5) days of the receipt of the written notice of the decision of the hearing officer. A request for appeal must be based on an alleged error of fact or law, and the written request must explain the reasons for the appeal and the alleged error of fact or law. 

C. The non-appealing party may file a written response with the independent reviewer within five (5) school days of that party’s receipt of the written request for appeal. 

D. The independent reviewer shall hold a hearing within twenty (20) school days of the filing of the written request for appeal, but such hearing cannot be held without providing all parties with at least five (5) school days notice. The proceedings of the hearing shall be limited to the presentation of oral arguments regarding the alleged errors of fact or law. The independent reviewer is not bound by the rules of evidence or other rules of courtroom procedure. 

E. The independent reviewer will complete the review and issue a written decision within ten (10) school days of the hearing. The independent reviewer has the authority to revise the findings and decision of the hearing officer and the decision of the independent reviewer will be final.

I. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student's participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

II. Ineligibility During Short and Long-term Suspension, Expulsion, or Emergency Exclusion: Misconduct On School Grounds or Under District Control.

A. Period of Ineligibility. During any time period that a student is excluded from school due to short- term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion, and will also be prohibited from attending any District sponsored extracurricular events during the period of exclusion from school, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

B. Effective Following Semester If Necessary. The ineligibility period shall remain in effect during the following semester (including the following academic school year) if there are insufficient school days in the semester to complete the ineligibility period.

C. Summer. Curtailment of extracurricular activities may occur outside the academic school year if the misconduct takes place on District property or during a school sponsored activity pursuant to the provisions of this Rule and Rule 5400.6.

III. Additional Ineligibility: Misconduct Off School Grounds

A. Period of Ineligibility for Conduct off School Grounds. The prohibited conduct contained in Rule 5400.6 shall subject the student to the periods of ineligibility for extracurricular activities defined in Rule 5400.6 for conduct occurring off school grounds and not at a school event during the academic school year:

B. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

C. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period, including “away games” and District sponsored extracurricular events being held at other non-District schools or facilities.

IV. Procedure. If a student is not being subjected to short-term suspension, long-term suspension, emergency exclusion, mandatory reassignment, or expulsion, but is having his/her participation in extracurricular activities curtailed for disciplinary reasons, the following procedures will be followed:

A. The principal or principal's designee shall make an investigation of the misconduct.

B. The principal or principal's designee may curtail or prohibit participation in an extracurricular activity after the principal or principal's designee determines that it is necessary to aid the student, further school purposes, or prevent interference with the educational process.

C. Prior to the curtailment, the student will be given oral or written notice by the principal or principal's designee of the charges, an explanation of the evidence against the student, and an opportunity to present the student's version.

D. Within twenty-four (24) hours or such additional time as is reasonably necessary following the decision to impose curtailment, the principal or principal's designee will send a written statement to the student and the student's parent or guardian describing:

1. The student's conduct; and

2. The reasons for the action taken.

V. Effective Date: Misconduct Off School Grounds. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal's designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision, or citation.

VI. Appeal: Misconduct Off School Grounds.

A. Curtailment for Ten (10) School Days or Less. If the student's curtailment of extracurricular activities is ten (10) school days or less, there will be no right to an appeal.

B. Curtailment for More than Ten (10) School Days. Any student whose curtailment of extracurricular activities exceeds ten (10) school days may appeal the decision to the Superintendent or Superintendent's designee by complying with the following procedures:

1. Within five (5) school days of the date of the receipt of the written decision to curtail participation in extracurricular activities, the student, or the student's parent or guardian, shall submit in writing to the Superintendent or Superintendent's designee:

a. A request to have the decision reviewed; and

b. The reason(s) for the request.

2. Any supporting evidence for the student's appeal shall be submitted in affidavit form with the written request for review. The evidence may include evidence that the student did not give to the principal or principal's designee when the student was given oral or written notice of the charges.

3. The Superintendent's or the Superintendent's designee's written disposition of the appeal will be mailed to the student, or the student's parent or guardian, within five (5) school days of the Superintendent's or Superintendent's designee's receipt of the appeal. If the request for review is not submitted to the Superintendent or Superintendent's designee in a timely fashion, the appeal shall be considered waived unless the student, or student's parent or guardian, are able to show that exigent circumstances prevented the timely submission of the appeal. The Superintendent or Superintendent's designee may change, revoke, or impose the sanction recommended by the principal or principal's designee. The Superintendent or the Superintendent's designee, however, cannot impose a sanction more severe than that recommended by the principal or principal's designee.

VII. Adoption of Rules by Athletic Teams, Clubs, and all Other Organizations Sponsored or Associated With the District. This Rule and Rule 5400.6 shall be adopted and enforced by all District teams, clubs, and organizations, which make up the District's extracurricular activities. If any District team, club, organization, or other extracurricular activity has written rules or regulations, this Rule and Rule 5400.6 (VIII) will be incorporated into such rules or regulations. Coaches and staff in charge of District extracurricular activities may adopt such other rules and regulations as are necessary to maintain discipline and order.

VIII. Commutation. Penalties assigned under this Rule may be reduced by the Superintendent or Superintendent's designee upon the successful completion of counseling, community service, or other alternative to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternative to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternative to curtailment shall be borne by the student or the student's parent(s) or guardian(s).

IX Definitions.

A. "Academic school year" shall mean the time students are in school during the dates and times that are set by the school calendar adopted by the Board, including summer school.

B. "Extracurricular activities" shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum.

C. "Ineligibility period" shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities.

D. "On school grounds" shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct.

E. "School day" shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year.

I.    Expelled Students.  Students expelled from the District will be eligible for academic credit upon successful participation in and completion of District alternative courses or programs and/or credits earned from any Nebraska accredited institution or other accredited institution.

A.    District Alternative School, Classes, or Programs Available to Expelled Students.  

1.    Notice.  All students expelled from the District will be advised in writing of the availability of District alternative courses or programs.  

2.    District Alternative Education.  The District alternative education available to District students who are expelled will consist of the following:

a.    High School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

b.    Middle School:  Expelled students will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs. 

c.    Elementary School:  A District program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student. 

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise expelled District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the expulsion period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the District alternative school attended. 

4.    Refusal to Participate.  If a parent or guardian refuses to permit an expelled student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.  

1.    If an expelled student successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.  

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.    

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

C.    Right to a Due Process Hearing.  If an expelled student enrolled in a District alternative school, class, or program fails to meet any of the conditions, rules, regulations, or requirements of the learning program, the District may, without further obligation, terminate the program for such student after a due process hearing; no due process hearing will be required, however, if waived by the parent or guardian.

1.    Nature of Due Process Hearing.  If an expelled student's District alternative school, class, or program under this Rule is terminated by the District, the student will be afforded a due process hearing.  The hearing will be the same or substantially similar to hearings afforded students expelled from the District.  Information regarding such hearing may be obtained from the District’s Director of Student Services. 

D.    Credits Earned from Nebraska or other Accredited Institutions.

1.    Students expelled from the District are not required to attend or participate in the District’s alternative courses or programs. For such students only, the District will accept at the conclusion of the expulsion and reinstatement of the student, any nonduplicative, grade-appropriate credits earned by an expelled student during the term of the expulsion, from any Nebraska accredited institution or institution accredited by one (1) of the six (6) regional accrediting bodies in the United States.

II.    Student Suspended Ten (10) School Days or More.  Students suspended from the District for ten (10) school days or more will be eligible to participate in the District’s alternative education program.

A.    District Alternative School, Classes, or Programs Available to Students Suspended Ten School Days or More.

1.    Notice.  All students suspended from the District for ten (10) school days or more will be advised in writing of the availability of District alternative courses or programs.

2.    District Alternative Education.  The District alternative education available to District students who are suspended for ten (10) school days or more will consist of the following:

a.    High School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

b.    Middle School:  Students suspended for ten (10) school days or more will be assigned to a District-approved program that provides approved courses of study designed to support their academic needs.

c.    Elementary School:  A program consisting of materials in reading, math, and writing will be provided by the student's elementary school.  A tutor will be provided by the District one (1) day per week at the student's home or another agreed upon location to proctor the course.  The principal or principal's designee must approve the learning program prescribed for the student.

3.    The District reserves the right to change or modify the District alternative education set forth above at any time without advance notice other than to advise suspended District students in writing of the changed or modified District alternative education available to them.  At the conclusion of the suspension period, any student who has satisfactorily participated in the District alternative education program will be given full academic credit for the school work, classes, or programs completed.  Those students who fail to satisfactorily complete the District alternative education program will not be given any academic credit for the alternative school attended.

4.    Refusal to Participate.  If a parent or guardian refuses to permit a suspended student to participate in a District alternative school, class, or program, the District will have no further obligation to the student, parent, or guardian with regard to providing a District alternative school, class, or program.

B.    Academic Credit and Requirements for Successful Participation.

1.    If a student suspended for ten (10) school days or more successfully completes the course requirements of a District alternative school, class, or program by meeting the attendance, grade, conduct, and other requirements imposed by the District, such student will be given full academic credit for the school work, class, or program completed.

2.    To successfully meet the District's attendance requirements, the student must not miss any school, class, program, or session assigned the student unless the absence is excused.  Whether or not an absence is excused will be determined solely by the District.  In addition, if the student violates any of the District's Standards for Student Conduct, the District will, without further obligation, terminate the program for such student after a due process hearing.

3.    The District may adopt such other rules, regulations, or requirements it deems necessary to effectively administer this Rule.

III.    Suspended Students and Make Up Work.

A.    Students suspended from the District will have the opportunity to complete any classwork, homework, and examinations missed during the period of suspension, as provided in District Policy 6235 and District Rule 6235.1.

B.    Suspended students will not be required to attend the District’s alternative education program in order to complete such make up work.

C.    This opportunity to complete such make up work applies to all students suspended from the District, including students suspended ten (10) school days or more and who choose not to participate in the District’s alternative education program.

IV.    Transportation.  Students participating in the District’s alternative education courses or programs shall not be provided transportation to the District alternative education site unless compelling reasons exist for the administration to arrange otherwise.  Such determination shall be made by and at the sole discretion of the Superintendent or designee.

V.    Definitions.  

A.    "District Alternative Schools, Classes, or Programs" shall mean that special category of District schools, classes, or programs required by law to be provided exclusively for expelled students.

B.    "Learning Program" shall mean a general District program or plan for all expelled students and students suspended for ten (10) school days or more, or an individualized program adapted from a generally offered District program, or an individualized program developed by the school and/or designated staff member to assist an expelled student or a student suspended for ten (10) school days or more in achieving District credit toward graduation.   

I. Introduction. 

A. Policy Statement. Every District student has the right to an education. The following Standards have been instituted to ensure that right within the context of an orderly and effective educational process. Each student and their parents are required, on their own, to become familiar with these Standards, and to help provide an atmosphere conducive to learning. 

B. Grounds for Exclusion. A student may be excluded from school if there is reasonable information that the student has committed a prohibited act listed below while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

C. Exclusion from School Grounds and Activities. A student who is excluded from school for a suspension, expulsion, or emergency exclusion shall not enter upon District property, or ride in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or participate in or attend a school-sponsored activity or athletic event. Expelled students and students suspended for ten (10) school days or more may enter upon District property for the sole purpose of attending alternative education at a location and time designated by the Director of Student Services. 

D. Length of Expulsions. Unless specified otherwise within these Standards, the expulsion of a student shall be for the remainder of the semester in which it took effect unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the expulsion shall remain in effect through the second semester, or within ten (10) school days prior to the end of the second semester, in which case the expulsion shall remain in effect for summer school and the first semester of the following school year. Neb. Rev. Stat. §79-283(2). 

E. Length of Suspension. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

F. Contact of Legal Authorities. The principal of a school or the principal’s designee shall notify as soon as possible the appropriate law enforcement authorities, of the county or city in which the school is located, of any act of a student described in Neb. Rev. Stat. §§79-267 which the principal or designee knows or suspects is a violation of the Nebraska Criminal Code. Neb. Rev. Stat. §79-262(1) and 293(1). 

G. Sanction to be Followed. If minimum and maximum sanctions are not specified for a specific prohibited act, the specified sanction shall be imposed. 

H. Expulsion as Sanction. Expulsion is specified as a sanction for particular conduct because the District’s Board of Education finds that the type of conduct for which expulsion is specified has the potential to seriously affect the health, safety, or welfare of the student, other students, staff members, or other persons, or to otherwise seriously interfere with the educational process. Neb. Rev. Stat. §79-262(1). 

I. Students with Disabilities. Disciplinary procedures for students who have disabilities as defined by the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973 shall be subject to the disciplinary procedures set forth in District Rules 5400.2 and 5400.3 and applicable federal and state law. 

J. Students in Pre-Kindergarten through Second Grade. Students in pre-kindergarten through second grade shall not be suspended from school, and such students shall instead be subject to disciplinary measures inside the school as an alternative to suspension. Provided however, if such a student brings a deadly weapon as defined in subsection IX (G) of this Rule, on to school grounds, or in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or to a school-sponsored activity or athletic event, then the student may be suspended in accordance with subsections II(D)(1) through (4) of this Rule as may be applicable. Neb. Rev. Stat. § 28-109(7), Neb. Rev. Stat. § 79-265.01. 

K. Mandatory Compliance. Students and their parent(s) or guardian(s) are hereby notified that compliance with the District’s Standards for Student Conduct is mandatory. It is the responsibility of all students and their parent(s) or guardian(s) to become familiar with these Standards. 

II. Violations Against Persons. 

A. Use of Violence. Use of violence, force, coercion, threat, intimidation or similar conduct in a manner that constitutes a substantial interference with school purposes. 

1. Pushing, Shoving, Aggressive, or other Physical Contact Related to Non-injurious Behaviors. 

a. Maximum Sanction. Short-term suspension. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

2. Fighting. Mutual attempt to physically harm another person through mutual combative physical contact. 

a. First Offense. 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade six (6). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

b. Additional Offenses. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved, an involved student or parent requests that a report to law enforcement be made, or a report is required or requested by law enforcement or the county attorney. Neb. Rev. Stat. § 28-310(2); Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

3. Physical Assault. Initiation of a violent act against another person through aggressive physical contact. 

a. Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade six (6). 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

B. Personal Injury to District Employees, Volunteers, and Students. Causing or attempting to cause personal injury to an employee, a school volunteer, or to any student. Personal injury caused by accident, self-defense, or other action undertaken on the reasonable belief that it was necessary to protect some other person shall not constitute a violation of this provision. Neb. Rev. Stat. §79-267(3) and 283(3). 

1. Sanctions on School Grounds. 

a. Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted if substantial personal injuries are involved. Neb. Rev. Stat. §§ 28-308 to 310; Neb. Rev. Stat. §§79-262(1), 267(3) and 293. 

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (B). 

b. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

C. Use of Threats or Intimidation. 

1. Use of Threats (Verbal and Written). All threats, including those alleged to be jokes, will always be taken seriously and are subject to the following disciplinary action. 

a. Level One Threat (Transient). Using a threat as part of a common expression or in a context that the recipient does not feel threatened, frightened, or coerced (e.g., “Oh, I could just kill you for that” or “I will punch you in the nose”). 

(1) Maximum Sanction. Short-term suspension. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Level Two Threat (Serious Substantive). Using an expression or an implied or veiled threat with the intent of threatening, frightening, or coercing another or the recipient feels threatened, frightened, or coerced (e.g., “I will kill you”). 

(1) Minimum Sanction. Short-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Long-term suspension. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-310; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

c. Level Three Threat (Very Serious Substantive). Threatening to kill or injure, or threatening to damage property with potential for personal injury, without possessing a weapon or other object that could kill or injure , including any threats that concern dangerous chemical substances, biochemical attacks, bioterrorism, bombs, or any type of explosive or incendiary device.

(1) Minimum Sanction. Long-term suspension. There is no mandated minimum sanction below grade four (4). 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-310, 311.01 and 907; Neb. Rev. Stat. §§79-262(1), 267(1) and 293.

d. Threatening with an Object. Threatening with an object which looks like a weapon or an object that could be used to injure someone. To qualify as a look-a-like weapon, the object must closely resemble a real weapon in size, shape, and color even when examined up close. 

(1) Minimum Sanction. Long-term suspension. 

(2) Maximum Sanction. Expulsion. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Firearms, Explosives, and Weapons. 

1. Firearms, Etc. Knowingly possessing, handling, transmitting, using, intimidating with, or threatening with any firearm, explosive, or destructive device. For the purposes of this subsection II(D)(1), firearm means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or the frame or receiver of any such weapon, or any firearm muffler or firearm silencer, or any destructive device. Such term does not include an antique firearm. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Mandatory expulsion for one (1) year. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(3) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04, 1215, 1216 and 1220; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II(D). 

(2) Extracurricular Sanction. Curtailment of extracurricular activities for one (1) year. 

2. Use and Possession of Dangerous Weapons. Using, intimidating with, threatening with, handling, transmitting, possessing on one’s person or in one’s vehicle any dangerous weapon, including but not limited to any stun gun, paintball gun, taser, airsoft gun, B.B. gun, or pellet gun. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Twenty (20) school day expulsion. 

(2) Maximum Sanction. Expulsion for one (1) year. 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262 (1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation for illegal possession of a weapon during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for twenty (20) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for one (1) year. 

3. Other Dangerous Weapons. Using or threatening with a knife, throwing star, brass knuckles, chemical substances (including, but not limited to, mace, pepper spray, and bleach), and any other objects that could be used to injure a person. 

a. Sanctions on School Grounds. 

(1) Minimum Sanction. Long term suspension. 

(2) Maximum Sanction. Expulsion for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the expulsion shall remain in effect for summer school and may remain in effect for the first semester of the following school year. Neb. Rev. Stat. §79-283 (3). 

(3) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

(4) Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-1202 to 1204.04; Neb. Rev. Stat. §§79-262(1), 267 (5) and 293.

b. Sanctions off School Grounds. 

(1) Citation during the academic school year or the student admits that he or she has violated subsection II (D). 

(2) Extracurricular Minimum Sanction. Curtailment of extracurricular activities for six (6) school days. 

(3) Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the school year if the misconduct occurs during the first semester. If the misconduct occurs during the second semester the curtailment shall remain in effect for summer school and may remain in effect for the first semester of the following school year. 

4. Possession of Certain Prohibited Objects. Knowingly possessing, handling, or transmitting knives, throwing stars, brass knuckles, or other objects not enumerated above which could cause injury. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

5. Possession of Look-a-Like Weapons. Knowingly possessing a look-a-like weapon. The object must closely resemble a real weapon in size, shape, and color even when examined up close. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Long-term suspension. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

6. Exception for Certain Firearms. Subsection II(D) shall not apply to: 

a. The issuance of firearms to or possession of firearms by members of the Reserve Officers Training Corps when training; 

b. Firearms which may lawfully be possessed by the person receiving instruction under the immediate supervision of an adult instructor who may lawfully possess firearms; or 

c. Firearms and guns which may lawfully be possessed and used off school grounds, not at a school function, activity, or event. 

E. Extortion. Threatening or intimidating any student for the purpose of or with the intent of obtaining money or anything of value from such student. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Sexual Assault or Attempted Sexual Assault. Any sexual assault or attempt to sexually assault any person. Sexual assault shall mean sexual assault in the first or second degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Section IX (EE) of this Rule and Neb. Rev. Stat. §§28-319.01 and 320.01. Neb. Rev. Stat. §79-267(9). 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Mandatory expulsion for one (1) year and possible reassignment upon return. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-319 to 320.01; Neb. Rev. Stat. §§79-262(1), 267(9) and 293.

2. Sanctions off School Grounds. 

a. Minimum Sanction. Curtailment of extracurricular activities for one (1) year. 

b. Maximum Sanction. Expulsion for one (1) year. A complaint must have been filed by a prosecutor in a court of competent jurisdiction alleging that the student has sexually assaulted or attempted to sexually assault any person off school grounds not at a school function, activity, or event, and the student’s presence at school has a direct and immediate effect on maintaining discipline, order, or safety in the school. Neb. Rev. Stat. §79-267(9). 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

G. Sexual Contact. The intentional touching of another person’s sexual or intimate parts or the intentional touching of another person’s clothing covering the immediate area of the other person’s sexual or intimate parts, without the consent of the other person. Sexual contact also includes the non-consensual touching by the other person of the actor’s sexual or intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts when such touching is intentionally caused by the actor. The sexual contact must be such that it can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. Neb. Rev. Stat. §§28-318(5) and 320. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Short-term suspension. 

b. Maximum Sanction. Expulsion. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection II (G). 

b. Extracurricular Minimum Sanction. Curtailment of extracurricular activities for up to five (5) school days. 

c. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

H. Sexual Harassment. Unwanted or unwelcome activity of a sexual nature which materially interferes with or substantially disrupts the educational process. This may include, but is not limited to, unwanted touching, pinching, patting, verbal comments of a sexual nature, sexual name-calling, pressure to engage in sexual activity, repeated propositions, written messages, notes, cartoons or graffiti of a sexual nature, and unwanted body contact. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

I. Harassment. Any intentionally hurtful, demeaning, or disparaging acts, words, symbolic representations, or behavior used by a student or students against another student, students or staff member(s) that is disruptive to the educational process. This includes, but is not limited to, verbal, physical, visual, or graphic actions such as name-calling, taunting, mocking, slandering, humiliating, defaming, teasing, pestering; and making derogatory remarks, demeaning jokes, disparaging drawings or notes. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Bullying. Any ongoing intentionally hostile or offensive verbal, written, graphic, demonstrative, electronic, or physical act used by a student or student(s) against another student or student(s) that has the purpose of exerting domination over another student through the act of intimidating, frightening, oppressing, retaliating, or adversely controlling the student, and that is disruptive of the educational process or any ongoing pattern of physical, verbal, written, graphic, demonstrative or electronic abuse, on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. This may include, but is not limited to, verbal, graphic, written or electronic activities such as name-calling, taunting, blackmailing, inciting to fight, terrorizing, threatening, or physical or demonstrative activities such as poking, blocking or impeding, following, hair pulling, mock hitting motions, intentionally bumping, tripping, and damaging clothing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Hazing. Any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with or participation in any group or activity. Such hazing activity shall include, but shall not be limited to the following: whipping; beating; branding; forced and prolonged calisthenics; prolonged exposure to the elements; forced consumption of any food, liquor, beverage, drug, or harmful substance not generally intended for human consumption; prolonged sleep deprivation; harassing by exacting unnecessary or disagreeable work, banter, ridicule, or criticism; or any brutal treatment or the performance of any unlawful act which endangers the physical or mental health or safety of any person. Consent to the hazing by the student(s) shall not be a defense to hazing. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

III. Violations Against Public Health and Safety. 

A. Possession, Use or Under the Influence of Alcohol or other Drugs. Possession, use or being intoxicated or under the influence of an illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior-affecting substance, look-a-like substance, or alcohol, or possession, use or being intoxicated, or under the influence of a prescribed medication by a student for whom the prescribed medication was not prescribed, or possession or use of drug paraphernalia. 

1. Sanctions on School Grounds. 

a. First Offense. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).). 

b. Additional Offenses. Mandatory expulsion. Prior violations of subsections III (A), (B), (C), or (D) on school grounds will be included as previous offenses. 

c. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

d. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262 (1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (A). 

(1) First Offense. Curtailment of extracurricular activities for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days curtailment of extracurricular activities). 

(i) Students who self-report to a building administrator or coach or extracurricular activity sponsor, that he or she has violated subsection III(A), by self-reporting their violation the morning of the next school day following the violation, or if the next day following the violation is not a school day but extracurricular practices, activities, or games are being held and the student self-reports to a building administrator or coach or sponsor before the extracurricular practices, activities, or games commence, then the curtailment of extracurricular activities will be reduced to seventeen (17) school days with the possibility of reduction to eight (8) school days upon the completion of the District-approved suspension reduction program. 

(2) Additional Offenses. Prior violations of subsections III(A), (B), (C), or (D), on or off school grounds will be included as previous offenses. 

(i) Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

B. Distribution of Alcohol or other Drugs. Distribution or attempted distribution to or receipt or attempted receipt from, any other person, of any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, or alcohol. 

1. Sanctions on School Grounds. 

a. Minimum Sanction. Expulsion. 

b. Extracurricular Sanction. Suspension from extracurricular activities during the time of expulsion. 

c. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§ 28-416, 53-180 and 180.02; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

2. Sanctions off School Grounds. 

a. Citation during the academic school year or the student admits that he or she has violated subsection III (B). 

b. Extracurricular Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Possession, Use and Transportation of Medications. The possession, use, and transportation of prescribed and non-prescribed medications shall be in accordance with the following rules. 

1. Possession of Medications (Preschool and Elementary Levels). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Elementary school students may not transport prescribed or non-prescribed medications to or from school. Elementary school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

2. Possession of Medications (Middle School Level). Possession of prescribed or non-prescribed medications on school grounds is prohibited. Middle school students may transport non-prescribed medications to and from school but must turn it into the administrative/health care office upon arrival at school. Middle school students may not transport prescribed medications to or from school. Middle school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense.

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities).

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension.

b. Additional Offenses.
(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), will be included as previous offenses.

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Possession of Medications (High School Level). Possession of prescribed medications is prohibited. High school students may possess non-prescribed medications, but they may not possess prescribed medications except in transport to and from school. Prescribed medications must be turned into the administrative or health care office upon arrival at school. High school students may possess and use glucose tablets and inhalers according to the provisions of Rule 5600.2. 

a. First Offense. 

(1) Maximum Sanction. Suspension for nineteen (19) school days. Parents, at their own expense, may choose to participate in a District-approved suspension reduction program. Successful completion of this program may reduce the suspension and curtailment of extracurricular activities by a maximum of nine (9) school days (results in a total of ten (10) school days suspension and curtailment of extracurricular activities). 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

b. Additional Offenses. 

(1) Maximum Sanction. Expulsion. Prior violations of subsections III (A), (B), (C), or (D), on school grounds will be included as previous offenses. 

(2) Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Distribution of Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any prescribed medication. 

1. Minimum Sanction. Long-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Additional Offenses.

a. Minimum Sanction. Expulsion.

4. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

5. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. § 28-416; Neb. Rev. Stat. §§79-262(1), 267(6) and 293.

E. Distribution of Non-Prescribed Medications. Distribution or attempted distribution to or receipt or attempted receipt from any other person, of any non-prescribed medication. 

1. First Offense. Short-term suspension. 

2. Additional Offenses.

a. Minimum Sanction. Long-term suspension. 

b. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

F. Exposure to Bodily Fluids. Intentionally spitting, throwing, wiping, or otherwise dispersing bodily fluids or excrement on or to another student or staff member for the purpose of infecting, inciting, demeaning, or intimidating that person. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

G. Tobacco and E-Cigarette Products. Possession or use of tobacco products or e-cigarette type products. 

1. First Offense. Suspension for three (3) school days. Students, may choose to complete the District - approved suspension reduction education module. Successful completion of the module will reduce the suspension and curtailment of extracurricular activities by a maximum of one (1) school day.

2. Maximum Sanction. Long-term suspension. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Possession or Use of Fireworks. Possession or use of fireworks of any description. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

IV. Violations against Public Decency and Good Morals. 

A. Public Indecency. Behavior resulting in public indecency (see definition). This subsection shall apply only to students above grade five (5). Neb. Rev. Stat. §79-267(7). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

B. Profanity and Obscenity. Verbal, written or electronic language, communications, pictures, photos, videos, digital images, drawings or materials of any kind that are reasonably offensive or repulsive to the person hearing, viewing or receiving the same and which is disruptive to the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Pornography. Any picture, photo, video, digital image, drawing or materials of any kind that in the reasonable judgment of school administrators constitute child pornography, pornography, or obscene materials pursuant to Neb. Rev. Stat. §§ 28-807, 808, 1463.02 or 1463.03, whether or not a citation is issued by a law enforcement officer or prosecuting authority. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Disparaging Language/Symbolism. Disparaging or demeaning language or symbolic actions of any kind including, but not limited to gestures or language that is intended to disparage, demean, or subject another student or staff member to ridicule. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

E. Secret Organizations/Gangs. Participation or membership in any secret fraternity, sorority, club, association, or organization is prohibited. The wearing of any ring, pin, or insignia of such a secret organization is also prohibited. Organizations or gangs, which initiate, advocate, or promote violence, drug or alcohol use, sex, criminal activity, or activities which disrupt the school environment or threaten the safety or well being of persons or property, and which identify themselves through the use of a name, geographic territory, unique appearance, or language, are a substantial disruption to and material interference with the educational environment, and are prohibited. The use of hand signals, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which, by virtue of its color, arrangement, trademark, symbol, or other attributes indicates or implies membership in or affiliation with such a group, constitutes a substantial disruption to and material interference with the educational environment, and are prohibited. 

1. Maximum Sanction. Expulsion.

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

V. Violations against Property. 

A. Damage to Property. Willfully causing or attempting to cause substantial damage or participating in behavior that results in negligent damage to property, or repeated damage to property. This shall include school property lent to the student which the student damages. As to any such damaged property, the student’s parent(s) or guardian(s) shall be liable for the damage to the school property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §28-519; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

B. Theft/Larceny. Stealing or attempting to steal property, or repeated theft of property. This will include school property lent to a student that is not returned upon demand by an authorized staff member and for which there is no reasonable justification for the failure to return the property. Neb. Rev. Stat. §79-267(2). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted when the value of the property is five hundred dollars ($500.00) or more. Neb. Rev. Stat. §§28-511 and 518; Neb. Rev. Stat. §§79-262(1), 267(2) and 293.

4. Sanctions off School Grounds. Committing burglary or theft which constitutes a felony provided the student has received a citation by a law enforcement officer which involves the offense subject to this subsection or the student admits that he or she has violated subsection V(B). 

a. Extracurricular Maximum Sanction. Curtailment of extracurricular activities for the remainder of the semester unless the misconduct occurred within ten (10) school days prior to the end of the first semester, in which case the curtailment shall remain in effect through the second semester. 

C. Arson or False Fire Alarm. Intentionally starting a fire. Use of any fire causing agents to start or attempt to start a fire. Purposely or knowingly causing a false fire alarm. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities (Police and Fire) shall be contacted if it is believed the arson was criminal. Neb. Rev. Stat. §§28-502 to 504 and 907; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

D. False Alarm or Report. Purposely making a false alarm or false report, or purposely furnishing false information or making a communication or statement, whether verbal, written or electronic, concerning the existence of any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning an intent or attempt to be made to kill, injure, or intimidate any individual or to use, possess, or bring on to District property or to any District activity or event any bomb, explosive device, weapon, firearm, dangerous chemical substance, or biochemical or terroristic device, or concerning the need for medical, police, or emergency services or procedures. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §79-267(10). 

1. Minimum Sanction. Short-term suspension. 

2. Maximum Sanction. Expulsion. 

3. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

4. Report to Law Enforcement. Legal authorities shall be contacted. Neb. Rev. Stat. §§28-907 and 1221; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

E. Misuse of Technology. Direct or indirect use of personal technologydevice, District computers, computer networks, or computer systems, which involves offensive, personal, commercial, and/or religious messages, or any unauthorized access or use of personal technologydevices, District computers, computer networks, or computer systems which violates District policy or state or federal law. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

3. Report to Law Enforcement. Legal authorities shall be contacted if the action constitutes a felony. Neb. Rev. Stat. §§28-1341 to 1348; Neb. Rev. Stat. §§79-262(1), 267(10) and 293.

F. Trespass. Entering or secretly remaining in any District building or on any District property or facility, or any separately secured portion thereof, without authorization. Neb. Rev. Stat. §28-520(1)(a).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion.

3. Mandatory Action. Legal authorities shall be contacted. Neb. Rev. Stat. §28-520(1)(a); Neb. Rev. Stat. §§79-267(10) and 293.

VI. Violations against School Administration. 

A. Tardy/Truancy/Elopement. Unauthorized absence from school. Neb. Rev. Stat. §§79-201 and 209. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

B. Gambling. Playing any game of chance for money or other stakes. Neb. Rev. Stat. §79-267(10). 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

C. Dishonesty. Dishonesty that interferes with the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

D. Dress Code Violation. Failure to comply with the established building dress code. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

E. Failure to Report. Failure to comply with assigned discipline consequence. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

F. Failure to Comply. Failure to follow established building rules and procedures. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

G. Open Campus/Unauthorized Area Violation. Violating established open campus rules and/or being in an unauthorized location without permission. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

H. Cheating or Plagiarism. Cheating on examinations including but not limited to ELO examinations. Plagiarism on projects including but not limited to reports, research papers, and portfolios. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

I. Insubordination/Defiance/Non-Compliance. Disrespect for, defying authority of, or refusing to obey requests or directions of teachers, school officials or school employees. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

J. Disruptive Behavior. Behavior or possession of any item that materially interferes with or substantially disrupts class work, school activities, or the educational process. 

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

K. Nuisance Items. Any item in a student’s possession that is sufficiently annoying, offensive, unpleasant, or obnoxious that it substantially interferes with or materially interrupts the educational process. These items may include, but are not limited to all electronic devices and toys.

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

L. Unlawful Activity. Engaging in any unlawful activity not specifically covered herein, which constitutes a danger to other students or school personnel, or interferes with school purposes or the educational process. Neb. Rev. Stat. §79-267(10).

1. Maximum Sanction. Expulsion. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension or expulsion. 

M. False Complaints. False accusations or complaints against another student or staff member. 

1. Maximum Sanction. Long-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

N. Student Identification. Failure of a high school student to present the school approved student identification card upon the request of a District staff member while on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

1. Maximum Sanction. Short-term suspension. 

2. Extracurricular Sanction. Suspension from extracurricular activities during the time of suspension. 

VII. Repeated Offenses or Series of Prohibited Conduct. 

A. Two (2) or more violations of prohibited conduct or violation of two (2) or more of the acts prohibited herein within the current building level, which constitute a substantial interference with school purposes. Neb. Rev. Stat. §79-267(11). 

1. Sanction. Unless otherwise provided herein, prohibited conduct otherwise subject to short-term suspension may be subject to long-term suspension; conduct otherwise subject to long-term suspension may be subject to expulsion; prohibited conduct initially subject to expulsion may be again subject to expulsion. 

VIII. Curtailment of Extracurricular Activities. 

A. General Statement. When reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process, the District shall curtail a student’s participation in District extracurricular activities. Students shall not be permitted to be on District property or participate in or attend District-sponsored extracurricular activities during the time period that the student is excluded from school for disciplinary reasons. In addition, students may be curtailed from extracurricular activities for misconduct taking place off school grounds and not at a school function, activity, or event. Curtailment may also occur outside the academic school year if the misconduct takes place on District property or during a school-sponsored activity pursuant to the provisions of this section. 

B. Period of Ineligibility for Conduct on School Grounds. 

1. Period of Ineligibility. During any time period that a student is excluded from school due to short-term suspension, long-term suspension, expulsion, or emergency exclusion for conduct occurring on District property, in a vehicle owned, leased, or contracted by a school being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or by his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct, the student so excluded shall also be ineligible for participation in extracurricular activities for the entire period of exclusion from school, and will also be prohibited from being on District property or attending any District-sponsored extracurricular events during the period of exclusion from school. 

C. Period of Ineligibility for Conduct off School Grounds. 

1. Period of Ineligibility. The prohibited conduct contained in Sections II (B), (D), (F), and (G), III (A), and (B), and V (B) of this Rule, shall subject the student to the periods of ineligibility for extracurricular activities therein provided for conduct occurring off school grounds and not at a school event during the academic school year. 

D. District Events During Ineligibility Period. Students who are ineligible for participation in extracurricular activities will also be prohibited from attending any District-sponsored extracurricular events during the ineligibility period. 

E. Effective Following Semester if Necessary. The ineligibility period shall remain in effect during the following semester (including the following school year) if there are insufficient school days in the semester to complete the ineligibility period. 

F. Extracurricular Commutation. Penalties assigned under this section may be reduced by the Superintendent or Superintendent’s designee upon the successful completion of counseling, community service, or other alternatives to curtailment set by the District. The District shall have the sole discretion in determining whether the student is eligible for commutation, and what form the counseling, community service, or other alternatives to curtailment must be successfully completed before commutation may take place. Any costs associated with counseling, community service, or other alternatives to curtailment shall be borne by the student or the student’s parent(s) or guardian(s). 

G. Effective Date. The effective date of the curtailment of extracurricular activities shall be the date that the principal or principal’s designee provides the student with the oral or written notice of the charges, except the principal shall not issue a letter of curtailment until there is a student admission, court decision or citation. 

IX. DEFINITIONS. 

A. “Academic school year” shall mean the time students are in school during the dates and times set by the school calendar and adopted by the Board, including summer school. 

B. “Alcoholic beverage” shall mean any substance subject to the jurisdiction of the Nebraska Liquor Commission. 

C. “Citation” shall mean a written complaint, writ, summons, requirement to appear, ticket, uniform citation form, decree, notice, warrant, indictment, information, or other legal process issued by a law enforcement officer or prosecuting authority, which charges the student with committing an offense against the law, whether given directly to the student or the student's parent or guardian, or forwarded to a federal, state, county, or municipal attorney, prosecutor, or prosecuting authority. 

D. “Controlled substance” shall mean opiates, opium derivatives, depressants, stimulants, and the substances and derivatives as defined by Neb. Rev. Stat. §28-401(4) including, but not limited to, “uppers”, “downers”, barbiturates, amphetamines, LSD, heroin, hashish, hallucinogenic substances, cocaine, and substances such as glue, to the extent any such substance is used for the purpose of mood or behavior alteration by a student, and any other substance which alters the mood or behavior and which is not taken for medical purposes (e.g., steroids). 

E. “Current building level” shall mean the current education level in which the student is enrolled (i.e., grades 9-12 are the high school building level, grades 6-8 are the middle school building level, and grades K-5 are the elementary school building level). 

F. “Curtailment of extracurricular activities” shall mean that the student is ineligible for participation in or attending any extracurricular activities. During any time that a student is excluded from school for conduct occurring while within school jurisdiction, the student is ineligible for participation in or attending any extracurricular activities. 

G. “Deadly weapon” shall mean any firearm, knife, bludgeon, or other device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury. Neb. Rev. Stat. §28-109(7);  Neb. Rev. Stat. §79-265.01.

H. “Destructive device” shall mean (1) any explosive, incendiary, chemical or biological poison, or poison gas-bomb, grenade, rocket having a propellant charge of more than four (4) ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, booby trap, Molotov cocktail, bottle or pipe bomb, vessel or container intentionally caused to rupture or mechanically explode or device similar to any of the devices described in the proceeding clauses; (2) any type of weapon (other than a shotgun shell which is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (3) any combination of parts either designed or intended for use in converting any device into any destructive device or from which a destructive device may be readily assembled. 

I. “Distribution or attempted distribution to or receipt or attempted receipt from, any other person” shall mean all actions, activities, and communications, whether verbal, written, or electronic, involved with the transfer or attempt to transfer, or the receipt or attempt to receive any illegal narcotic drug, controlled substance, marijuana, look-a-like substance, mood-altering or behavior affecting substance, alcohol, prescribed medications, or non-prescribed medications. These terms shall be broadly construed and interpreted to include, but not be limited to, any and all actions, activities, and communications concerning the sale, transfer, trading, offering, gifting, receiving, purchasing, soliciting, and/or acceptance of the aforesaid substances, whether or not a transfer is actually made, and whether or not the student comes into actual possession thereof. 

J. “Drug paraphernalia” shall mean all equipment, products, materials, and items which are used, intended for use, altered for use, or designed for use, in manufacturing, injecting, ingesting, inhaling, vaporizing, or otherwise introducing into the human body any controlled substance. 

K. “Exclusion” shall mean that time period a student is excluded from school during short-term suspension, long-term suspension, emergency exclusion, or expulsion. It may also mean that time period that the student is mandatorily reassigned. 

L. “Expulsion” shall mean exclusion from all schools in the District (except the location designated for alternative education). 

M. “Extracurricular activities” shall mean all athletic teams, activities, groups, clubs, homecomings, proms, dances, graduation ceremonies, and all other organizations or events sponsored by or associated with the District which are not part of the District curriculum. 

N. “Firearms” shall mean (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. Such term does not include an antique firearm. 

O. “Illegal narcotic drug” shall mean the illegal substances as defined by Neb. Rev. Stat. §28-401(15). 

P. “Ineligibility period” shall mean that period of time that a District student is prohibited from participating in and/or attending any District extracurricular activities. 

Q. “Injury” shall mean damage to a person that results in a specific wound or wounds that requires first aid treatment or a physician’s care. 

R. “Long-term suspension” shall mean exclusion from all schools in the District for more than five (5) school days but less than twenty (20) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

S. “Look-a-like substance” (also known as imitation controlled substance) shall mean any substance which is not a controlled substance, but which by its appearance (including, but not limited to, color, shape, size, markings, or packaging) or by representations made, induce or are intended to induce, persons to believe that the substance is a controlled substance. “Look-a-like substance” shall include any beverage containing alcohol or a beverage that is represented to contain alcohol. 

T. “Medication” shall be broadly defined and shall mean all prescribed medications, over the counter and other non-prescribed medications, and all chemical substances, compounds, homeopathic substances, herbs, vitamins, and/or devices, which purport to aid in a person’s health or well-being or are intended for use in the diagnoses, cure, mitigation, treatment, or prevention of diseases, or are intended to affect the structure or any function of the body; and any device, instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is prescribed by a physician, physician assistant, or advanced practice registered nurse, and dispensed by a pharmacist or other person authorized by law. 

U. “Non-prescribed medication” shall mean all medications which are available without a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

V. “On school grounds” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

W. “One year” shall mean the three hundred sixty-five (365) days that follow the acts at issue. 

X. “Possession of a substance” shall mean situations where a student has on his or her person, within his or her personal property, within his or her vehicle, within school property assigned to him or her or under his control, a substance prohibited under this Rule, while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic
event.. Small or trace amounts of a prohibited substance constitute possession of a substance. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology are reasonable information of the possession of prohibited substances. 

Y. “Prescribed medication” shall mean all medications which are available only with a prescription or order from a person who is licensed under the laws of Nebraska to prescribe medications. 

Z. “Prior violations” shall mean violations of the involved conduct violation or any other cited subsections, which occurred while the student is in the current building level. Student conduct violations which occurred in another school district at the current building level shall be included as prior violations. For suspension, expulsion, or reassignment purposes, prior violations shall only include previous student conduct violations which occurred on school grounds. For curtailment of extracurricular activities purposes, prior violations shall include previous student conduct violations which occurred on or off school grounds. 

AA. “Public indecency” shall mean performing, procuring, or assisting any other person to perform, in a public place and where the conduct may reasonably be expected to be publicly viewed: (1) An act of sexual penetration; (2) an exposure of the genitals, female breasts or buttocks of the body done with intent to affront or alarm any person; or (3) a lewd fondling or caressing of the body of another person of the same or opposite sex. 

BB. “Reasonable information that the student has committed a prohibited act” shall mean such amount of information from which a reasonable school administrator who is not acting based on improper motives such as discrimination, retaliation, revenge, or retribution, could reasonably conclude that the student engaged in the prohibited acts in question. Such amount of information shall not be evidence beyond all reasonable doubt, or clear and convincing evidence, or even a preponderance of the evidence. Such reasonable information shall be evaluated within the context of an orderly and effective educational process, and shall not be evaluated within the context of any laws, regulations, rules, practices, or procedures which may be applicable in any criminal or civil judicial proceedings, administrative officer proceedings, law enforcement or administrative agency investigation proceedings, or formal evidentiary proceedings. 

CC. “School day” shall mean any day that school is in session and students are attending academic courses. It does not include days that practices for extracurricular activities are held during the summer, or weekends and vacations that occur during the academic school year. 

DD. “School jurisdiction” shall mean on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event, or any other place where the governing law permits the District to discipline students for prohibited conduct. 

EE. “Semester” shall mean the equivalent of one half of the required student instructional days. 

FF. “Sexual assault” shall mean sexual assault in the first or second degree as defined in Neb. Rev. Stat. §§28-319 and 320, or sexual assault of a child in the first, second or third degree as defined in Neb. Rev. Stat. §§28-319.01 and 320.01, as such statutes now provide or may hereafter be amended. Sexual assault in the first degree occurs when a person subjects another person to sexual penetration without the consent of the victim, or when a person who is nineteen years of age or older subjects another person who is at least twelve but less than sixteen years of age to sexual penetration. Neb. Rev. Stat. §28-319. Sexual assault in the second degree occurs when a person subjects another person to sexual contact without the consent of the victim and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320. Sexual assault of a child in the first degree occurs when a person who is nineteen years of age or older subjects another person under twelve years of age to sexual penetration. Neb. Rev. Stat. §28-319.01. Sexual assault of a child in the second degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor causes serious personal injury to the victim. Neb. Rev. Stat. §28-320.01. Sexual assault of a child in the third degree occurs when a person who is nineteen years of age or older subjects another person fourteen years of age or younger to sexual contact and the actor does not cause personal injury to the victim. Neb. Rev. Stat. §28-320.01. 

GG. “Sexual or intimate parts” shall mean the genital area, groin, inner thighs, buttocks or breasts. 

HH. “Short-term suspension” shall mean exclusion from all schools in the District not to exceed five (5) school days. If there are insufficient school days in the first semester to complete the suspension period, the suspension period will be carried over to the second semester. 

II. “Under the influence” shall mean the manifestation of physical and physiological symptoms or reactions caused by the use of any illegal narcotic drug, controlled substance, marijuana, mood-altering or behavior- affecting substance, prescribed medication by a student for whom the prescribed medication was not prescribed, or alcohol. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same. 

JJ. “Use of substance” shall mean situations where there is reasonable suspicion to believe a student has assimilated a prohibited substance or is under the influence of the same while on District property, in a vehicle owned, leased, or contracted by the District being used for a school purpose or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event. Factors which may be taken into consideration are: the odor of a prohibited substance on the student’s breath or clothes, glassy eyes, slurred speech, physical mobility, and such other factors which the training of school administrators indicates as being reasonable information of the use of prohibited substances or being under the influence of the same. Student admissions, student statements, and/or positive results from alcohol or other drug screening and testing technology, are reasonable information of the use and possession of prohibited substances or being under the influence of the same.