Neb. Rev. Stat. » Chapter 79
Nebraska Revised Statutes

Neb. Rev. Stat. § 79-291 (2026)

Judicial review; conducted without a jury; grounds for judicial action

✓ current as of July 2026
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(1) The review under sections 79-288 to 79-292 shall be conducted by the court without a jury on the record.

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

(a) In violation of constitutional provisions;

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

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

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

(f) Arbitrary or capricious.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: J.P. v. Millard Pub. Schs., 285 Neb. 890 (Neb. 2013).
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J.P. v. Millard Pub. Schs., 285 Neb. 890 (Neb. 2013). “” § 79-291(2)(a). The Student Discipline Act specifically grants the district court the power to reverse the Board’s decision if J.”
— Neb. Rev. Stat. § 79-291(2)(a) — 1 case
J.P. v. Millard Pub. Schs., 285 Neb. 890 (Neb. 2013). “” § 79-291(2)(a). The Student Discipline Act specifically grants the district court the power to reverse the Board’s decision if J.”
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