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BUSCH EX REL. v. OMAHA PUBLIC SCH. DIST.

No. S-98-1374.

623 N.W.2d 672 (2001)

261 Neb. 484

Porcha BUSCH, a minor, by and through her mother and next friend, Gwen KNAVE, Appellant, v. OMAHA PUBLIC SCHOOL DISTRICT et al., Appellees.

Supreme Court of Nebraska.

March 30, 2001.

Attorney(s) appearing for the Case

Daniel J. Welch, of Welch Law Firm, P.C., Omaha, for appellant.

David M. Pedersen and Maya C. Samms, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

GERRARD, Justice.

NATURE OF CASE

Porcha Busch was expelled from school by the Omaha Public School District (OPS) after a fight with another student during which Busch accidentally struck and injured an assistant principal who was attempting to restrain Busch and break up the fight. Busch argues that OPS exceeded its statutory authority by adopting the rule pursuant to which Busch was expelled. The district court disagreed and upheld the expulsion. Because...

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