What Can Nebraska Parents Do When Their Child Is Being Bullied at School?
Nebraska law requires each school district to maintain a bullying-prevention and education policy and review that policy annually. Nebraska’s bullying statute, Neb. Rev. Stat. § 79-2,137, defines bullying as an ongoing pattern of physical, verbal, or electronic abuse occurring in specified school-related settings. The statute itself does not prescribe one uniform investigation process, response deadline, or disciplinary outcome for every bullying report. The district’s current policy, the facts reported, the rights of the students involved, and other applicable law can all affect what happens next.
That distinction matters. A parent can reasonably expect a district to have a bullying policy, but should not assume that Nebraska law guarantees a particular investigation, schedule change, transfer, suspension, or other result. A district’s written policy is therefore an important starting point for understanding how reports are supposed to be made and addressed.
Some situations also implicate laws beyond the bullying statute. Serious or repeated harassment may raise questions about a Nebraska harassment protection order. A physical injury or an alleged failure by a public school district to exercise reasonable care may raise issues under the Political Subdivisions Tort Claims Act. Conduct connected to sex or disability may implicate federal law. And when parents are separated or divorced, the governing custody order and parenting plan may affect how certain school, medical, or other decisions should be made.
Those legal frameworks are not interchangeable, and none guarantees a particular result. The right approach depends heavily on what happened, where it happened, what the school knew, what the district’s policy says, and what the family is trying to accomplish.
What Does Nebraska Law Consider “Bullying”?
Nebraska’s bullying statute is relatively concise. Neb. Rev. Stat. § 79-2,137 defines bullying as an “ongoing pattern” of physical, verbal, or electronic abuse occurring on school grounds, in certain school vehicles being used for a school purpose, or at school-sponsored activities or athletic events. The statute requires each school district to adopt a bullying-prevention and education policy for all students and to review that policy annually.
Three parts of that definition are particularly important.
An “Ongoing Pattern”
The statutory definition requires an ongoing pattern. That means a single incident may not satisfy § 79-2,137’s definition of bullying.
That does not mean a single incident is legally irrelevant or that a school necessarily lacks authority to respond. Depending on the circumstances, an isolated incident could implicate the district’s student-conduct rules, the Nebraska Student Discipline Act, criminal law, civil law, or another policy.
The important point is narrower: not every serious student conflict necessarily satisfies the statutory definition of “bullying.”
Physical, Verbal, or Electronic Abuse
Nebraska’s definition expressly includes physical, verbal, and electronic abuse.
For families dealing with text messages, group chats, social media, photographs, videos, or other electronic communications, preserving the original material may be useful. Context can matter, so retaining complete messages rather than only selected excerpts may provide a clearer record of what occurred.
Where the Conduct Occurs Matters
Section 79-2,137 defines bullying by reference to conduct occurring in specified school-related settings.
A report about conduct occurring entirely off campus—including social-media activity from home—can raise different questions under the district’s current policy and other applicable law. Parents should not assume that an off-campus post automatically requires school discipline, nor should they assume that a school necessarily lacks authority to address every off-campus situation.
Whether and how a district can respond to off-campus conduct can depend on the particular facts, the district’s policy, and applicable law.
Start With the School District’s Current Policy
Nebraska law requires a district to have a bullying-prevention and education policy, but § 79-2,137 does not itself establish one statewide investigation procedure or one required disciplinary outcome.
That makes the district’s current written policy an important starting point—not a guaranteed remedy.
A family may consider obtaining the policy applicable to the relevant school year and reviewing its reporting procedures. The student handbook and other student-conduct policies may also contain relevant provisions.
Written, dated communications can help establish what information was provided to the school and when. Depending on the circumstances and district policy, a family may also ask the school to consider appropriate safety-related measures.
What a district can or will do may depend on the facts, the needs and rights of the students involved, staffing and operational constraints, and applicable law. A bullying report does not automatically entitle a parent to dictate another student’s discipline, a building transfer, transportation arrangements, seating assignments, or other particular measures.
What Can Happen to the Student Accused of Bullying?
The Nebraska Student Discipline Act provides the framework for significant disciplinary actions in Nebraska public schools.
Neb. Rev. Stat. § 79-267 identifies conduct that may constitute grounds for long-term suspension, expulsion, or mandatory reassignment. The statute includes engaging in bullying as defined by § 79-2,137, along with other specified conduct. The statutory grounds generally apply to conduct occurring on school grounds, in specified school vehicles, or at school-sponsored activities or athletic events, subject to specific statutory provisions.
But identifying grounds for discipline is different from requiring a particular punishment.
In Kolesnick By and Through Shaw v. Omaha Public School District, 251 Neb. 575, 558 N.W.2d 807 (1997), the Nebraska Supreme Court explained in the discipline context that the statutory grounds did not mandate a particular sanction. The appropriate response can depend on the circumstances and the discretion afforded to school officials.
Why Parents May Receive Limited Information About Discipline
Parents understandably want to know what happened after reporting serious conduct involving their child.
Privacy law, however, may limit what a district can disclose about another student. That does not prevent a parent from discussing their own child’s safety concerns with school officials or asking what measures the district is willing and able to discuss regarding their child.
A lack of detailed information about another student’s discipline should not automatically be interpreted as proof that the district did nothing.
What Should Parents Preserve?
When a school-safety issue develops, maintaining an accurate record can be useful whether the matter ultimately remains within the school system or requires legal review.
Depending on the situation, useful records may include:
A contemporaneous incident log identifying dates, approximate times, locations, witnesses, and what reportedly occurred.
Original screenshots or electronic communications with timestamps, usernames, and surrounding context preserved.
Emails and other communications between the family and school personnel.
The district’s bullying policy and the student handbook applicable to the relevant school year.
Any written safety plan or changes affecting the child at school.
Relevant attendance, academic, or participation records.
Relevant medical or counseling documentation.
Law-enforcement or school-resource-officer report information, if applicable.
Preservation is different from proving a legal claim. The significance and admissibility of particular evidence depend on the circumstances.
When Might a Nebraska Harassment Protection Order Be Relevant?
Nebraska substantially reorganized its protection-order statutes in 2025 through the Protection Orders Act, now codified at Neb. Rev. Stat. §§ 26-101 through 26-125. The Act has also been amended since its enactment.
Under Neb. Rev. Stat. § 26-104, a victim who has been harassed may file a petition and affidavit for a harassment protection order. The petition must identify the alleged acts and their dates or approximate dates, including the most recent and most severe incident or incidents. The court may prohibit specified conduct and may grant other relief it considers necessary for the petitioner’s safety and welfare.
Whether particular conduct legally constitutes harassment is a separate question from whether it constitutes “bullying” under § 79-2,137.
Ex Parte Harassment Protection Orders
A harassment protection order may be issued ex parte when the specific facts in the affidavit reasonably show that irreparable harm, loss, or damage will result before the matter can be heard on notice.
If the court declines to issue an ex parte harassment protection order, the court may dismiss the petition without prejudice or may schedule an evidentiary hearing. If such a hearing is scheduled, § 26-108 provides for it to be held within fourteen days after the petition is filed.
When an ex parte order is entered, the respondent generally has ten business days after service to request a show-cause hearing. Upon a timely request—or upon the petitioner’s request—the court schedules the show-cause hearing to occur within thirty days after receiving the request.
Protection-order proceedings are evidence-driven. The petition and affidavit matter significantly, and current Nebraska law provides that they are deemed offered and admitted into evidence at a hearing unless the court specifically excludes them. Neb. Rev. Stat. § 26-112.
How Long Can a Nebraska Protection Order Last?
Under current Neb. Rev. Stat. § 26-110, a protection order may initially be issued for at least one year and no more than two years, unless it is dismissed or modified earlier. The court determines the initial period based on the evidence presented, and the order must state its effective period.
Nebraska law also provides a renewal procedure. A petition and affidavit seeking renewal may be filed during the forty-five days before the order expires, including its expiration date. A renewed protection order is effective for one year as provided by § 26-111.
Because protection-order statutes and forms have changed recently, families should use current Nebraska Judicial Branch materials rather than relying on older forms or articles discussing former § 28-311.09.
What Does a Protection Order Mean at School?
A protection order’s actual terms—and who is bound by those terms—matter.
A parent should not assume that obtaining a protection order will automatically change a school schedule, transportation arrangement, classroom assignment, or participation in school activities. Section 26-104 permits a court to grant specified restrictions and other relief the court considers necessary for the petitioner’s safety and welfare, so the particular order should be read carefully.
Providing the school with a copy of an applicable order and making a written safety request may help school officials evaluate what steps can be taken under the order, district policy, and the circumstances.
Nebraska law also does not make personal service the only possible form of legally relevant notice. Under the current Act, a respondent present when a final protection order is entered at a hearing is deemed to have notice for purposes of prosecution under § 26-118, and additional service is not required for that purpose.
Can a Family Sue a Nebraska Public School District?
Potentially—but these cases require careful analysis.
A Nebraska public school district is generally a political subdivision for purposes of the Political Subdivisions Tort Claims Act, or PSTCA. A potential negligence claim can therefore be subject to statutory claim-presentment requirements, limitations periods, and sovereign-immunity exemptions.
Recent Nebraska Supreme Court decisions illustrate why these cases should not be reduced to a simple rule that a school is liable whenever it could have done more.
Sovereign Immunity Can Be Central to the Case
Neb. Rev. Stat. § 13-910 identifies categories of claims for which Nebraska political subdivisions retain immunity.
The discretionary-function exemption in § 13-910(2), for example, can protect certain governmental judgments and policy decisions. Nebraska cases including Larsen v. Sarpy County School District No. 77-0027, 319 Neb. 823 (2025), Simpson v. Lincoln Public Schools, 316 Neb. 246, 4 N.W.3d 172 (2024), and MacFarlane v. Sarpy County School District 77-0037, 316 Neb. 705, 6 N.W.3d 527 (2024), illustrate the fact-specific nature of sovereign-immunity analysis in the school setting.
Other exemptions can also matter depending on the circumstances. Athletic or recreational activities, for example, can raise additional statutory immunity questions.
Assault and Battery Require Particular Care
Claims involving intentional physical contact between students can raise the PSTCA exemption for claims arising out of assault or battery under § 13-910(7).
But an injury does not, by itself, establish that a battery occurred.
In Scott Next Friend of E.S. v. Lancaster County School District 0001, 318 Neb. 670, 18 N.W.3d 417 (2025), a student was injured after another student grabbed a pool noodle the student was holding during a game. The school district sought summary judgment based on the battery exemption. The Nebraska Supreme Court affirmed the denial of summary judgment because a factual dispute remained concerning an element of battery.
Scott is important because it demonstrates that the § 13-910(7) inquiry can turn on the particular conduct and evidentiary record. It does not create a categorical rule that student-on-student physical contact either always or never triggers the exemption.
Tort-Claim Deadlines Require Individual Analysis
Neb. Rev. Stat. § 13-919 generally requires a written claim to be made to the political subdivision’s governing body within one year after the claim accrues, and generally requires suit to begin within two years after accrual, subject to the statute’s provisions. Section 13-919 also expressly identifies § 25-213 as one of the statutes of limitations applicable to tort claims under the Act.
What should not be assumed is the date of accrual.
The date on which a school district first received a report is not automatically the legal accrual date. Determining when a particular claim accrued—and how § 25-213 or another statutory provision affects the analysis—can require fact-specific legal research.
If a potential claim against a district is being considered, preserving incident dates, reports, communications, and evidence of resulting harm can help counsel evaluate those questions.
What About Federal Law?
Some school-harassment situations may implicate federal law, including Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, or federal constitutional claims.
Those are separate legal frameworks with their own elements, defenses, procedural requirements, and limitations periods. The fact that conduct qualifies—or does not qualify—as “bullying” under Nebraska’s § 79-2,137 does not by itself determine whether a federal claim exists.
A federal-law analysis should be based on the particular facts rather than treating “bullying” as a single legal cause of action.
When a School-Safety Problem Intersects With Custody
For separated or divorced parents, a serious school issue can overlap with an existing custody order or parenting plan.
A parenting plan or custody order may allocate educational, medical, and other decision-making responsibilities differently. Before taking a nonemergency step that could affect the other parent’s rights or the child’s school placement, parents should review the governing order and parenting plan rather than assume that every school-related decision is either automatically joint or automatically unilateral.
Immediate safety concerns are different. When a child faces an immediate threat, appropriate emergency resources should take priority.
For firm clients, Zachary W. Anderson Law offers in-house co-parenting and divorce coaching at no additional fee. Coaching is not therapy or legal advice and does not replace a court order, school policy, or emergency response. It can provide structured support for the communication and co-parenting issues that sometimes accompany a school-safety dispute.
Questions a Parent May Want to Discuss With a Nebraska Attorney
Depending on the circumstances, useful questions may include:
Does the reported conduct fit Nebraska’s statutory definition of bullying, the district’s policy, another student-conduct rule, or some combination of them?
What does the district’s current written policy actually require?
Does off-campus or electronic conduct raise separate school-policy or constitutional questions?
Would a harassment protection order be legally appropriate based on the particular course of conduct?
How would the terms of a protection order interact with the child’s school environment?
Could a potential negligence claim against a public school district implicate the PSTCA?
Which § 13-910 immunity exemptions could apply?
When might a potential claim have accrued, and what statutory deadlines require attention?
Do the facts raise a separate federal-law issue?
Does an existing custody order or parenting plan affect a contemplated nonemergency decision?
The answers can be quite different from case to case.
Frequently Asked Questions
What counts as bullying under Nebraska law?
Neb. Rev. Stat. § 79-2,137 defines bullying as an ongoing pattern of physical, verbal, or electronic abuse occurring on school grounds, in certain school vehicles being used for a school purpose, or at school-sponsored activities or athletic events.
A single incident therefore may fall outside that particular statutory definition, even though it may still violate school rules or implicate other law.
Does Nebraska law require a school to investigate every bullying complaint within a specific number of days?
Section 79-2,137 requires school districts to adopt a bullying-prevention and education policy and review it annually, but the statute itself does not establish one statewide investigation deadline or mandate one disciplinary result.
The district’s current policy may provide additional procedures.
Can a Nebraska school discipline a student for something posted at home?
The answer depends on the facts, the district’s current policy, and applicable law.
Section 79-2,137 defines bullying by reference to specified school-related locations and activities. Off-campus discipline can raise separate legal questions, and parents should not assume that a weekend social-media post either automatically requires or categorically prevents school action.
What if the school will not tell me what happened to the other student?
Privacy law may restrict what a school can disclose about another student. Parents can still ask the district to discuss their own child’s safety concerns and what measures the district is willing and legally able to discuss regarding their child.
Can a harassment protection order be used in a school-bullying situation?
Possibly. Nebraska’s harassment protection order statute requires a separate legal analysis. Under § 26-104, the petition must identify the alleged acts and dates or approximate dates, including the most recent and most severe incident or incidents.
Not every instance of bullying will satisfy the legal requirements for a harassment protection order.
How long does a Nebraska protection order last?
Under current Nebraska law, the initial period may be at least one year and no more than two years, with the court setting the duration based on the evidence presented. Neb. Rev. Stat. § 26-110.
Section 26-111 also provides a procedure for seeking renewal during the forty-five days before expiration, including the expiration date. A renewed order is effective for one year as provided by the statute.
Does a protection order automatically require the school to change schedules?
Parents should not assume so. The terms of the particular order matter, and § 26-104 allows the court to grant specified restrictions and other relief necessary for the petitioner’s safety and welfare.
Providing the school with the order and making a written safety request can allow the district to evaluate what it can do under the order, its policies, and the circumstances.
Can I sue a Nebraska school district if my child was injured?
Potentially, but public-school claims can involve the Political Subdivisions Tort Claims Act, sovereign immunity, statutory presentment requirements, and limitations periods.
Recent cases such as Scott Next Friend of E.S. v. Lancaster County School District 0001, 318 Neb. 670, 18 N.W.3d 417 (2025), demonstrate that even the application of an immunity exemption may turn on disputed facts.
How long do I have to bring a claim against a Nebraska public school district?
Neb. Rev. Stat. § 13-919 generally requires written presentment within one year after a claim accrues and generally requires suit within two years after accrual, subject to the statute’s provisions. The statute also expressly references § 25-213.
Determining when a particular claim accrued can require legal analysis. Parents should not assume that the date the district first learned about an incident necessarily starts the statutory clock.
How does co-parenting coaching fit into a school-safety dispute?
A school-safety issue can create difficult communication and decision-making problems for separated or divorced parents, particularly when an existing custody order or parenting plan allocates relevant responsibilities between them.
For firm clients, Zachary W. Anderson Law offers in-house co-parenting and divorce coaching at no additional fee. Coaching is not therapy or legal advice and does not replace the governing court order, school policy, or an appropriate emergency response.
Disclaimer. This article provides general Nebraska legal information, not legal advice. It does not create an attorney-client relationship and is not a substitute for advice about a reader’s particular facts, school district policy, court order, or deadlines. Laws, court rules, forms, and district policies may change. Court and administrative outcomes depend on the facts, applicable policy, and the decision-maker’s discretion. This article is not an emergency-response resource. If there is an immediate safety threat, contact emergency services or the appropriate emergency school-safety channel. For legal advice about a specific situation, consult a licensed Nebraska attorney.