Nebraska Statutes 79-278. Hearing; witnesses; testimony; cross-examination; availability of witnesses
(1) The student, the student’s parent, guardian, or representative, the principal, or the hearing examiner may ask witnesses to testify at the hearing requested under sections 79-268 and 79-269. Such testimony shall be under oath, and the hearing examiner shall be authorized to administer the oath. The hearing examiner shall make reasonable effort to assist the student or the student’s parent, guardian, or representative in obtaining the attendance of witnesses. The school 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 or the student’s parent, guardian, or representative and such witnesses are employees or under contract with the school district.
Terms Used In Nebraska Statutes 79-278
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- Oath: A promise to tell the truth.
- School: means a school under the jurisdiction of a school board authorized by Chapter 79. See Nebraska Statutes 79-101
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The student, the student’s parent, guardian, or representative, the principal, or the hearing examiner has the right to question any witness giving information at the hearing.
Source
- Laws 1976, LB 503, § 22;
- Laws 1994, LB 1250, § 28;
- R.S.1943, (1994), § 79-4,191;
- Laws 1996, LB 900, § 82;
- Laws 2023, LB705, § 71.
- Operative Date: September 2, 2023