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Our Work—Student Discipline

Student Discipline

Out-of-Classroom

Many students are subject to repeated removal from their classrooms, often without parental notification and without due process.  ERC will guide you through the student discipline process.

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Exclusions, Suspension & Expulsion

Nebraska’s Student Discipline Act governs when a school district is permitted to exclude, suspend or expel a child. If your child is going to be out of school for 5 or more days, you may have a right to a hearing, which must be requested quickly. If you have any questions about how to challenge discipline, ERC can provide guidance.

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Due Process

Families and schools often toss out the term “Due Process” without an understanding of what it encompasses, and what rights and obligations families and schools have to provide it. ERC helps interested parties secure their rights.

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Bullying

In Nebraska bullying policies are not uniform. School obligations may vary depending upon the unique circumstances facing a child. ERC assists families in navigating this difficult terrain.

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Restraint & Seclusion

Nebraska has no specific law defining when restraint or seclusion of a child is appropriate or permissible. Certain restraints and seclusions have been found to be dangerous and life threatening. Contact ERC if you are concerned about the safety of your child.

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Manifestation Determination Review

When a child with a disability is disciplined by removal from school for 10 or more days , school districts need to determine whether the act that resulted in the discipline was part of the child’s disability. ERC can assist you through this process.

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Mandatory Reassignment

Under Nebraska law, mandatory reassignment as a disciplinary measure can be challenged similar to suspensions and expulsions. ERC may be of assistance if you believe that your child was reassigned inappropriately.

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