79-264 Student; exclusion; circumstances; emergency exclusion; procedure. - Nebraska Statutes

79-264. Student; exclusion; circumstances; emergency exclusion; procedure.(1) Any student may be excluded from school in the following circumstances, subject to the procedural provisions of section 79-265, and, if longer than five school days, subject to the provisions of subsection (3) of this section:(a) If the student has a dangerous communicable disease transmissible through normal school contacts and poses an imminent threat to the health or safety of the school community; or(b) If the student's conduct presents a clear threat to the physical safety of himself, herself, or others, or is so extremely disruptive as to make temporary removal necessary to preserve the rights of other students to pursue an education.(2) Any emergency exclusion shall be based upon a clear factual situation warranting it and shall last not longer than is necessary to avoid the dangers described in subsection (1) of this section.(3) If the superintendent or his or her designee determines that such emergency exclusion shall extend beyond five days, the school board shall adopt a procedure for a hearing to be held and a final determination made within ten school days after the initial date of exclusion. Such procedure shall substantially comply with the provisions of sections 79-266 to 79-287, and such provisions shall be modified only to the extent necessary to accomplish the hearing and determination within this shorter time period. SourceLaws 1976, LB 503, § 8; R.S.1943, (1994), § 79-4,177; Laws 1996, LB 900, § 68. Cross ReferencesContagious or infectious disease, child with symptoms, duty of school officials, see section 79-248. AnnotationsUnder subsection (1)(b) of this section, attendance by a public school student at a school where presence of a dangerous and communicable disease is confirmed, when the student is unimmunized against the disease, is conduct that presents a clear threat to the physical safety of the unimmunized student and other students and allows the unimmunized student's exclusion from school. Maack v. School Dist. of Lincoln, 241 Neb. 847, 491 N.W.2d 341 (1992).