reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-475 - School district merged into Class III or IV school district; effective; when.

79-475.
School district merged into Class III or IV school district; effective; when.
Whenever an existing school district, or a part thereof, is merged into a Class III or IV school district under the provisions of section 79-407, 79-408, or 79-473, such merger shall be effective on July 1 immediately following the effective date of the change of city or village boundaries which caused the merger pursuant to section 79-407, 79-408, or 79-473.
Source
Laws 1965, c. 509, § 2, p. 1628;
Laws 1994, LB 1310, § 9;
R.S.1943, (1994), § 79-801.02;
Laws 1996, LB 900, § 224;
Laws 2005, LB 198, § 2.
Annotations
This section is limited to provisions of former section 79-801, and is not applicable to school district boundary changes under other statutes. Corcoran v. Boone County Board of Equalization, 196 Neb. 363, 243 N.W.2d 60 (1976).
An action to enjoin a school district or part thereof, consequent upon annexation of territory by a city of the first class, is barred by the statute of limitations unless brought within one year from effective date of annexation ordinance. School Dist. No. 127 of Lincoln County v. Simpson, 191 Neb. 164, 214 N.W.2d 251 (1974).
Merger takes place on the date specified in this section. School Dist. of Bellevue v. Strawn, 185 Neb. 392, 176 N.W.2d 42 (1970).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-476 - Class V school district; property subject to school tax; management of affairs of district.

79-476.
Class V school district; property subject to school tax; management of affairs of district.
All property within the corporate limits of cities of the metropolitan class, except such property as now is or may hereafter be exempt by law, shall be subject to taxation for all school purposes. The affairs of the school district created by Chapter 79 shall be conducted exclusively by the board of education except as otherwise provided by Chapter 79.
Source
Laws 1891, c. 45, § 3, p. 318;
R.S.1913, § 7009; C.S.1922, § 6640;
C.S.1929, § 79-2703;
R.S.1943, § 79-2703;
Laws 1949, c. 256, § 250, p. 775;
Laws 1951, c. 276, § 11, p. 933;
Laws 1959, c. 406, § 1, p. 1368;
R.S.1943, (1994), § 79-1002;
Laws 1996, LB 900, § 225;
Laws 2006, LB 1024, § 49.
Annotations
Annexation of territory adjacent to metropolitan city did not ipso facto make territory annexed a part of the school district of city. Ratigan v. Davis, 175 Neb. 416, 122 N.W.2d 12 (1963).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-479 - Change of boundaries; order; transfer of assets and liabilities.

79-479.
Change of boundaries; order; transfer of assets and liabilities.
(1)(a) Beginning January 1, 1992, any school district boundaries changed by the means provided by Nebraska law, but excluding the method provided by sections 79-407 and 79-473 to 79-475, shall be made only upon an order issued by the State Committee for the Reorganization of School Districts or county clerk.
(b) The order issued by the state committee shall be certified to the county clerk of each county in which boundaries are changed and shall also be certified to the State Department of Education. Whenever the order changes the boundaries of a school district due to the transfer of land, the county assessor, the Property Tax Administrator, and the State Department of Education shall be provided with the legal description and a map of the parcel of land which is transferred. Such order shall be issued no later than June 1 and shall have an effective date no later than August 1 of the same year. For purposes of determining school district counts pursuant to sections 79-524 and 79-578 and calculating state aid allocations pursuant to the Tax Equity and Educational Opportunities Support Act, any change in school district boundaries with an effective date between June 1 and August 1 of any year shall be considered effective July 1 of such year.
(2) Unless otherwise provided by state law or by the terms of a reorganization plan or petition which is consistent with state law, all assets, including budget authority as provided in sections 79-1023 to 79-1030, and liabilities, except bonded obligations, of school districts merged, dissolved, or annexed shall be transferred to the receiving district or districts on the basis of the proportionate share of assessed valuation received at the time of reorganization.
Source
Laws 1996, LB 604, § 3;
Laws 1996, LB 900, § 228;
Laws 1997, LB 347, § 13;
Laws 1997, LB 806, § 23;
Laws 1999, LB 272, § 62;
Laws 1999, LB 813, § 8;
Laws 2003, LB 394, § 5;
Laws 2005, LB 126, § 35;
Laws 2006, LB 1024, § 50;
Referendum 2006, No. 422;
Laws 2018, LB377, § 26.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-480 - Districts; changes in boundaries; filing of petition; evidence.

79-480.
Districts; changes in boundaries; filing of petition; evidence.
The county clerk shall file in his or her office all petitions that have been granted for change of boundaries or for the formation of new districts. Such petitions so filed and granted shall be prima facie evidence of the boundaries of districts. All conflicting records of boundaries shall be made to correspond with the petitions so filed and granted.
Source
Laws 1885, c. 79, § 1, p. 319;
Laws 1889, c. 78, § 1, p. 539;
Laws 1895, c. 58, § 1, p. 221;
Laws 1901, c. 59, § 1, p. 429;
Laws 1909, c. 117, § 1, p. 451;
R.S.1913, § 6703;
C.S.1922, § 6241;
Laws 1923, c. 63, § 1, p. 190;
Laws 1925, c. 177, § 1, p. 461;
C.S.1929, § 79-104;
Laws 1931, c. 145, § 1, p. 396;
C.S.Supp.,1941, § 79-104;
Laws 1943, c. 197, § 1(8), p. 664;
R.S.1943, § 79-117;
Laws 1949, c. 256, § 48, p. 709;
R.S.1943, (1994), § 79-409;
Laws 1996, LB 900, § 229;
Laws 1999, LB 272, § 63.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-486 - New districts; proceeds of sale and funds of old district; how apportioned.

79-486.
New districts; proceeds of sale and funds of old district; how apportioned.
All money on hand and arising from the sale of schoolhouse and site and all other funds of the divided districts described in section 79-485 shall be divided among the several districts created in whole or part from the divided districts as nearly as practicable in proportion to the taxable valuation of the taxable property attached to the districts formed in whole or in part by such division.
Source
Laws 1881, c. 78, subdivision I, § 14, p. 335;
R.S.1913, § 6713;
C.S.1922, § 6251;
C.S.1929, § 79-114;
R.S.1943, § 79-127;
Laws 1949, c. 256, § 54, p. 711;
Laws 1979, LB 187, § 223;
Laws 1992, LB 719A, § 180;
R.S.1943, (1994), § 79-415;
Laws 1996, LB 900, § 235.
Annotations
Apportionment of assets of school districts upon partial or complete merger, division, or annexation decided. School Dist. No. 74 of Hall County v. School Dist. of Grand Island, 186 Neb. 728, 186 N.W.2d 485 (1971).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-487 - Districts; division; part taken over by United States; sale of schoolhouse.

79-487.
Districts; division; part taken over by United States; sale of schoolhouse.
Whenever, due to the division of any district or due to a district or any part thereof being taken over by the United States for any defense, flood control, irrigation, or war project, the schoolhouse, schoolhouse site, or other property of such district is no longer conveniently located for school purposes or desired to be retained by the district in which it is situated, the county sheriff of the county in which such schoolhouse, schoolhouse site, or other property is located may, when ordered by the district, advertise and sell the same at public or private sale and apportion the proceeds. When sold at private sale, the sale shall not be binding until approved by the district interested.
Source
Laws 1881, c. 78, subdivision I, § 13, p. 335;
R.S.1913, § 6712;
C.S.1922, § 6250;
C.S.1929, § 79-113;
Laws 1943, c. 197, § 2, p. 664;
R.S.1943, § 79-126;
Laws 1949, c. 256, § 55, p. 711;
R.S.1943, (1994), § 79-416;
Laws 1996, LB 900, § 236;
Laws 1999, LB 272, § 65.
Annotations
Apportionment of assets of school districts upon partial or complete merger, division, or annexation decided. School Dist. No. 74 of Hall County v. School Dist. of Grand Island, 186 Neb. 728, 186 N.W.2d 485 (1971).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-488 - Districts; reduction in size through acquisition of land by United States; attachment of remainder; apportionment of funds.

79-488.
Districts; reduction in size through acquisition of land by United States; attachment of remainder; apportionment of funds.
When a district is reduced in size by the purchase or appropriation of land by the United States for any defense, flood control, irrigation, or war project, the district to which such remaining part is attached shall receive a pro rata share of all funds based upon the ratio of taxable valuation of the remaining part to the total taxable valuation of the former district as determined at the last current valuation.
Source
Laws 1943, c. 197, § 4, p. 665;
R.S.1943, § 79-128.01;
Laws 1949, c. 256, § 56, p. 711;
Laws 1979, LB 187, § 224;
Laws 1992, LB 719A, § 181;
R.S.1943, (1994), § 79-417;
Laws 1996, LB 900, § 237.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-489 - New districts; formation from old districts; general indebtedness; duty to consider in dividing property.

79-489.
New districts; formation from old districts; general indebtedness; duty to consider in dividing property.
Subject to the provisions of section 79-485, whenever a new district is organized from the territory of a former district and there is any indebtedness of such former district which is not bonded, such unbonded indebtedness shall be taken into account in estimating the sum due from the old district to the new district on account of schoolhouse or other property and the new district shall be entitled to only the value of its proportionate share of such property after deducting its like share of the indebtedness.
Source
Laws 1881, c. 78, subdivision I, § 16, p. 336;
R.S.1913, § 6715;
C.S.1922, § 6253;
C.S.1929, § 79-116;
R.S.1943, § 79-129;
Laws 1949, c. 256, § 57, p. 711;
R.S.1943, (1994), § 79-418;
Laws 1996, LB 900, § 238.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-490 - Districts; change in boundary lines; map; report; adjustments in tax list.

79-490.
Districts; change in boundary lines; map; report; adjustments in tax list.
Every change in district boundary lines shall be reported as soon as made by the State Committee for the Reorganization of School Districts to the county clerk, county assessor, and county treasurer. The county clerk shall keep in his or her office a map of the school districts of the county, which map shall be revised as often as the boundary lines or districts are changed or new districts formed. Upon receiving such report from the state committee, the county treasurer shall adjust the tax list of the county in accordance with the change of district boundaries so that the uncollected taxes levied upon property that has been transferred to another school district shall when collected be placed to the credit of the district to which the property has been transferred.
Source
Laws 1881, c. 78, subdivision I, § 17, p. 336;
Laws 1885, c. 79, § 1, p. 321;
R.S.1913, § 6716;
C.S.1922, § 6254;
C.S.1929, § 79-117;
R.S.1943, § 79-130;
Laws 1949, c. 256, § 58, p. 712;
R.S.1943, (1994), § 79-419;
Laws 1996, LB 900, § 239;
Laws 1999, LB 272, § 66.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-491 - Districts; presumption of organization.

79-491.
Districts; presumption of organization.
Every school district shall in all cases be presumed to have been legally organized when it has exercised the franchises and privileges of a district for the term of one year.
Source
Laws 1881, c. 78, subdivision III, § 8, p. 344;
R.S.1913, § 6759;
C.S.1922, § 6300;
C.S.1929, § 79-308;
R.S.1943, § 79-308;
Laws 1949, c. 256, § 65, p. 714;
R.S.1943, (1994), § 79-426;
Laws 1996, LB 900, § 240.
Annotations
The one-year period provided in this section does not apply during time the validity of organization is in litigation. Reid v. Slepicka, 182 Neb. 485, 155 N.W.2d 799 (1968).
After a school district has exercised the franchises and privileges of a district of a certain class for the period of one year, its legal organization will be conclusively presumed. Griggs v. School District No. 76 of Wayne County, 152 Neb. 282, 40 N.W.2d 859 (1950).
Presumption of regular organization does not extend to territorial boundaries of a school district. Majerus v. School District No. 52 of Richardson County, 139 Neb. 823, 299 N.W. 178 (1941).
After one year of operation, legal organization will be conclusively presumed, whatever may have been defects and irregularities in formation or organization of such district. State ex rel. School Dist. No. 67 of Kearney County v. School District No. 2 of Kearney County, 116 Neb. 202, 216 N.W. 663 (1927).
After operation of district for one year, legal organization is presumed. Kockrow v. Whisenand, 88 Neb. 640, 130 N.W. 287 (1911).
Presumption of regularity of organization of school district does not preclude contention that tract of land is not within district for tax purposes. Chicago, B. & Q. R.R. Co. v. Cass County, 51 Neb. 369, 70 N.W. 955 (1897).
Operation for more than one year cures more than mere irregularities. State ex rel. School Dist. No. 1 of Sioux County v. School Dist. No. 19 of Sioux County, 42 Neb. 499, 60 N.W. 912 (1894).
Irregularities in organization are no defense against mandamus to compel payment of bonds. State ex rel. Hopper v. School Dist. No. 13 of Webster County, 13 Neb. 466, 14 N.W. 382 (1882); State ex rel. Gregory v. School Dist. No. 24 of Adams County, 13 Neb. 78, 12 N.W. 927 (1882).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-496 - Class IV or Class V school district; obligations of merged districts; assumption.

79-496.
Class IV or Class V school district; obligations of merged districts; assumption.
Each school district created by merger with other districts shall provide for the payment of debts created by school districts, or other school organizations, superseded by the merged district, when such debts have been incurred in the erection of schoolhouses or for other school purposes. If any portion of such debt is in the form of bonds, if issued for a valuable consideration, the holder or holders thereof, upon surrendering the same to the school board or board of education, shall have the right to demand, and the board in the name of the merged district shall cause to be issued, other bonds of like amount and of like tenor and effect as to payment of principal and interest as the bonds surrendered. This provision shall also apply to cases when only a part of a district is embraced within the merged district whenever the fractional part becomes a part of the merged district. The merged district shall assume and pay only such proportion of debt of divided districts as the taxable valuation of the part taken bears to the taxable valuation of the whole district. This section applies to Class IV and V districts only.
Source
Laws 1891, c. 45, § 20, p. 324;
R.S.1913, § 7026;
C.S.1922, § 6657;
C.S.1929, § 79-2720;
R.S.1943, § 79-2720;
Laws 1949, c. 256, § 223, p. 764;
Laws 1979, LB 187, § 236;
Laws 1992, LB 719A, § 189;
R.S.1943, (1994), § 79-536;
Laws 1996, LB 900, § 245.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-497 - Division of districts within city of primary or metropolitan class; assets and liabilities; adjustment.

79-497.
Division of districts within city of primary or metropolitan class; assets and liabilities; adjustment.
In case of a division of one or more school districts within the corporate limits of a city of the primary or metropolitan class, the president of the school board and the secretary of the school districts shall appraise and adjust all claims or assets in such manner that each district shall bear its proportion of the indebtedness and have its proportion of the assets of the district.
Source
Laws 1891, c. 45, § 20, p. 324;
R.S.1913, § 7026;
C.S.1922, § 6657;
C.S.1929, § 79-2720;
R.S.1943, § 79-2721;
Laws 1949, c. 256, § 224, p. 764;
R.S.1943, (1994), § 79-537;
Laws 1996, LB 900, § 246;
Laws 1999, LB 272, § 68.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,117 - Act, how cited.

79-4,117.
Act, how cited.
Sections 79-4,117 to 79-4,129 shall be known and may be cited as the Learning Community Reorganization Act.
Source
Laws 2006, LB 1024, § 28;
Laws 2007, LB641, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,118 - Terms, defined.

79-4,118.
Terms, defined.
For purposes of the Learning Community Reorganization Act:
(1) Learning community has the definition found in section 79-2101;
(2) Reorganization of school districts means the formation of new school districts that will become members of a learning community, the alteration of boundaries of established school districts that are members of a learning community, the dissolution or disorganization of established school districts that are members of a learning community through or by means of any one or combination of the methods set out in section 79-4,120, and any other alteration of school district boundaries involving a school district that is a member of a learning community; and
(3) State committee means the State Committee for the Reorganization of School Districts created by section 79-435.
Source
Laws 2006, LB 1024, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,119 - Reorganization; provisions applicable.

79-4,119.
Reorganization; provisions applicable.
Any reorganization of school districts that affects a school district that is a member of a learning community, except dissolutions pursuant to section 79-470, 79-498, 79-499, or 79-598, shall only be accomplished pursuant to the Learning Community Reorganization Act.
Source
Laws 2006, LB 1024, § 30;
Laws 2016, LB1067, § 20.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,120 - Methods authorized.

79-4,120.
Methods authorized.
Reorganization of school districts pursuant to the Learning Community Reorganization Act may be accomplished through or by means of any one or more of the following methods: (1) The creation of new districts; (2) the uniting of one or more established districts; (3) the subdivision of one or more established districts; (4) the transfer and attachment to an established district of a part of the territory of one or more districts; and (5) the dissolution or disorganization of an established district for any of the reasons specified by law.
Source
Laws 2006, LB 1024, § 31.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,121 - Plan review; state committee; considerations.

79-4,121.
Plan review; state committee; considerations.
In the review of a plan for the reorganization of school districts pursuant to the Learning Community Reorganization Act, the state committee shall give due consideration to (1) the educational needs of pupils in the learning community, (2) economies in administration costs, (3) the future use of existing satisfactory school buildings, sites, and play fields, (4) the convenience and welfare of pupils, (5) transportation requirements, (6) the equalization of the educational opportunity of pupils, (7) the amount of outstanding indebtedness of each district and proposed disposition thereof, (8) the equitable adjustment of all property, debts, and liabilities among the districts involved, (9) any additional statutory requirements for learning community organization, and (10) any other matters which, in its judgment, are of importance.
Source
Laws 2006, LB 1024, § 32;
Laws 2016, LB1067, § 21.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,122 - Public hearings; record; notice.

79-4,122.
Public hearings; record; notice.
Before any plan of reorganization is approved by the state committee pursuant to the Learning Community Reorganization Act, the state committee shall hold one or more public hearings. At such hearings, the state committee shall hear any and all persons interested with respect to the areas of consideration listed in section 79-4,121. The state committee shall keep a record of all hearings in the formulation or approval of plans for the reorganization of school districts. Notice of such public hearings of the state committee shall be given by publication in a legal newspaper of general circulation in the county or counties in which the affected districts are located at least ten days prior to such hearing.
Source
Laws 2006, LB 1024, § 33;
Laws 2016, LB1067, § 22.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,123 - Plan of reorganization; contents.

79-4,123.
Plan of reorganization; contents.
After one or more public hearings have been held, the state committee may approve a plan or plans of reorganization pursuant to the Learning Community Reorganization Act. Such plan shall contain:
(1) A description of the proposed boundaries of the reorganized districts and a designation of the class for each district;
(2) A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries which shall include, but not be limited to, an explanation of how the plan complies with any statutory requirements for learning community organization and an assurance that the plan does not increase the geographic size of any school district that has more than twenty-five thousand formula students for the most recent certification of state aid pursuant to section 79-1022;
(3) A summary of the terms on which reorganization is to be made between the reorganized districts. Such terms shall include a provision for initial school board districts or wards within the proposed district, which proposed initial school board districts or wards shall be determined by the state committee taking into consideration population and valuation, a determination of the number of members to be appointed to the initial school board, and a determination of the terms of the board members first appointed to membership on the board of the newly reorganized district;
(4) A statement of the findings with respect to the location of schools, the utilization of existing buildings, the construction of new buildings, and the transportation requirements under the proposed plan of reorganization;
(5) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization; and
(6) Such other matters as the state committee determines proper to be included.
Source
Laws 2006, LB 1024, § 34;
Laws 2014, LB946, § 38;
Laws 2016, LB1067, § 23;
Laws 2018, LB377, § 29.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,124 - State committee; notification.

79-4,124.
State committee; notification.
The state committee shall, within thirty days after holding the hearings provided for in section 79-4,122, notify the affected school districts whether or not it approves or disapproves such plan or plans.
Source
Laws 2006, LB 1024, § 35;
Laws 2016, LB1067, § 24.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,125 - Disapproved plan; return to affected school districts.

79-4,125.
Disapproved plan; return to affected school districts.
If the state committee disapproves the plan pursuant to the Learning Community Reorganization Act, it shall be considered a disapproved plan and returned to the affected school districts as a disapproved plan.
Source
Laws 2006, LB 1024, § 36;
Laws 2007, LB641, § 6;
Laws 2016, LB1067, § 25.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,126 - School district in learning community; plan of reorganization; submitted to state committee; approved plan; procedure.

79-4,126.
School district in learning community; plan of reorganization; submitted to state committee; approved plan; procedure.
(1) The school board of any school district in a learning community may propose a plan of reorganization. When at least sixty percent of the members of the school board of each affected school district vote to approve the plan, such plan may be submitted to the state committee. When any area is added or removed from any school district in a learning community as part of a plan, such school district shall be deemed an affected school district.
(2) When a plan of reorganization or any part thereof has been approved by the state committee pursuant to the Learning Community Reorganization Act, it shall be designated as the final approved plan and shall be submitted to the county clerk pursuant to section 79-4,128 and to school boards of the affected school districts.
Source
Laws 2006, LB 1024, § 37;
Laws 2007, LB641, § 7;
Laws 2016, LB1067, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,127 - Indebtedness.

79-4,127.
Indebtedness.
Whenever two or more school districts are involved in a reorganization plan pursuant to the Learning Community Reorganization Act, the old districts shall continue to be responsible for any indebtedness incurred before the reorganization takes place unless a different arrangement is included in the plan.
Source
Laws 2006, LB 1024, § 38.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,128 - County clerk; duties; filings required.

79-4,128.
County clerk; duties; filings required.
If the plan of reorganization is approved by the state committee pursuant to the Learning Community Reorganization Act, the county clerk shall proceed to cause the changes, realignment, and adjustment of districts to be carried out as provided in the plan. The county clerk shall classify the school districts according to the plan of reorganization. He or she shall also file certificates with the county assessor, county treasurer, learning community coordinating council, and state committee showing the boundaries of the various districts under the approved plan of reorganization.
Source
Laws 2006, LB 1024, § 39;
Laws 2007, LB641, § 8;
Laws 2016, LB1067, § 27.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-4,129 - State committee; duties; school board; appointments; terms; duties.

79-4,129.
State committee; duties; school board; appointments; terms; duties.
(1) Within thirty days after the classification of the reorganized school districts by the county clerk under section 79-4,128, the state committee shall appoint from among the legal voters of each new school district created the number of school board members specified in the plan of reorganization. A reorganized school district shall be formed and organized and shall have a school board not later than April 1 following the last legal action, as prescribed in section 79-4,128, necessary to effect the changes in boundaries as set forth in the plan of reorganization, although the physical reorganization of such reorganized school district shall take effect July 1 following the classification of the reorganized school districts under section 79-4,128. The first board shall be appointed on an at-large basis, and all boards shall be elected at large until such time as election districts are established as provided in section 32-554.
(2) In appointing the first school board of a Class III school district, the terms of approximately one-half of the members shall expire on the first Thursday after the first Tuesday in January after the first even-numbered year following their appointment and the terms of the remaining members shall expire on the first Thursday after the first Tuesday in January after the second even-numbered year following their appointment. Thereafter all Class III district school boards shall be elected to terms of four years.
(3) In appointing the first school board of a Class IV school district, the members shall be appointed so that the terms of three members shall expire on the third Monday in May of the first odd-numbered year following their appointment and the terms of four members shall expire on the third Monday in May of the second odd-numbered year following their appointment. Thereafter all Class IV district school boards shall be elected to terms of four years.
(4) In appointing the first school board of a Class V school district after a reorganization under this section with a nine-member board serving terms of four years, the terms of the members shall expire as provided in section 32-545. All Class V district school boards shall be elected to terms of four years.
(5) The school boards appointed under this section shall proceed at once to organize in the manner prescribed by law.
Source
Laws 2006, LB 1024, § 40;
Laws 2013, LB125, § 5;
Laws 2014, LB946, § 39;
Laws 2018, LB377, § 30.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-501 - School board; property; maintenance; hiring of superintendent, teachers, and personnel.

79-501.
School board; property; maintenance; hiring of superintendent, teachers, and personnel.
The school board or board of education of a Class III or IV school district shall have the care and custody of the schoolhouse and other property of the district and shall have authority to hire a superintendent and the required number of teachers and other necessary personnel.
Source
Laws 1881, c. 78, subdivision V, § 9, p. 354;
R.S.1913, § 6789;
C.S.1922, § 6330;
C.S.1929, § 79-509;
R.S.1943, § 79-509;
Laws 1949, c. 256, § 80, p. 719;
Laws 1971, LB 292, § 8;
R.S.1943, (1994), § 79-441;
Laws 1996, LB 900, § 254;
Laws 2018, LB377, § 31.
Annotations
Members of school board act in a representative capacity and not as individuals. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).
School board has no authority to build additions which are not repairs. School Dist. No. 35 of Sherman County v. Randolph, 57 Neb. 546, 77 N.W. 1073 (1899).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-503 - Year-round operation of public schools; legislative intent.

79-503.
Year-round operation of public schools; legislative intent.
It is the intent of the Legislature to promote increased efficiency in the utilization of public schoolhouses and other school facilities by providing for a program of year-round operation of the public schools of this state. The Legislature finds that the cost of education is substantially increased when schoolhouses sit idle for three months of the year and that the rural and pioneer conditions which dictated summer closing of public schools no longer prevail in many of the school districts of the state.
Source
Laws 1973, LB 65, § 1;
Laws 1993, LB 348, § 7;
R.S.1943, (1994), § 79-201.01;
Laws 1996, LB 900, § 256.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-504 - Year-round operation of public schools; conversion; procedure.

79-504.
Year-round operation of public schools; conversion; procedure.
Any public school district in this state may convert any or all of the schools in the district to year-round operation under sections 79-503 to 79-505 upon an affirmative vote of at least seventy-five percent of the school board or board of education. The vote shall be taken at a public meeting of the board following a special public hearing called for the purpose of receiving testimony on such conversion. The board shall give at least seven calendar days' notice of the time, place, and purpose of such hearing and shall publish such notice at least once in a newspaper of general circulation in the school district. Such schools shall meet all State Board of Education rules and regulations pertaining to accreditation.
Source
Laws 1973, LB 65, § 2;
Laws 1993, LB 348, § 8;
R.S.1943, (1994), § 79-201.02;
Laws 1996, LB 900, § 257.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-505 - Year-round operation of public schools; notice to State Board of Education.

79-505.
Year-round operation of public schools; notice to State Board of Education.
No public school district shall convert to a year-round operation without notifying the State Board of Education of compliance with sections 79-503 to 79-505.
Source
Laws 1973, LB 65, § 3;
Laws 1993, LB 348, § 9;
R.S.1943, (1994), § 79-201.03;
Laws 1996, LB 900, § 258.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-506 - Insurance coverage; authorized.

79-506.
Insurance coverage; authorized.
The school board or board of education of any school district may permit its members to participate in the school district's hospitalization, medical, surgical, accident, sickness, or term life insurance coverage or any one or more of such coverages. A board member electing to participate in the insurance program of the school district shall pay both the employee and the employer portions of the premium for such coverage.
A school board or board of education which opts to permit its members to participate in insurance coverage under this section shall report quarterly at a board meeting the board members who have elected such coverage. Such a report shall be made available in the school district office for review by the public upon request.
Source
Laws 2008, LB850, § 1;
Laws 2018, LB377, § 32.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-512 - Associations of school boards; membership dues; payment authorized.

79-512.
Associations of school boards; membership dues; payment authorized.
The school board or board of education of any school district in this state may pay from its school funds an amount to be determined by the board for membership dues in associations of school boards or boards of education.
Source
Laws 1957, c. 345, § 1, p. 1188;
R.S.1943, (1994), § 79-4,149;
Laws 1996, LB 900, § 265.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-513 - Legal services; payment authorized.

79-513.
Legal services; payment authorized.
The school board or board of education of any school district in this state may pay from its school funds for the legal services of an attorney employed by the board when it deems legal counsel necessary or advisable.
Source
Laws 1957, c. 345, § 2, p. 1188;
R.S.1943, (1994), § 79-4,150;
Laws 1996, LB 900, § 266.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-514 - Retirement annuity contracts; purchase; contributions to retirement plans; withholding of salary.

79-514.
Retirement annuity contracts; purchase; contributions to retirement plans; withholding of salary.
(1) The school board or board of education of any school district has the authority to (a) purchase retirement annuity contracts for any or all of its employees from any insurance company licensed to do business in the State of Nebraska, (b) enter into contracts with its employees providing for the purchase by it of such retirement annuity contracts, (c) provide for the purchase by it of such retirement annuity contracts in the general contract of employment with any or all of its employees, or (d) for the purposes of separation payments made at retirement and early retirement inducements, make contributions picked up under section 414(h) of the Internal Revenue Code to plans under section 401(a) or 403(a) of the code and make contributions to plans under section 403(b) of the code.
(2) Nothing in this section nor any other provision of Chapter 79 shall be construed to authorize a school board or board of education of any school district to offer a separate plan classified as a qualified plan under section 401(a) of the Internal Revenue Code unless specifically listed in this section.
(3) When necessary in connection with the purchase of retirement annuity contracts, any such employee may execute an order authorizing the withholding of necessary amounts from any wages or salary payable to the employee and such order and revocation thereof shall be executed in the manner and form required by section 44-1609.
Source
Laws 1963, c. 465, § 1, p. 1493;
R.S.1943, (1994), § 79-4,152;
Laws 1996, LB 900, § 267;
Laws 2005, LB 329, § 1.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-515 - Contracts for services, supplies, and collective-bargaining agreements; authorized.

79-515.
Contracts for services, supplies, and collective-bargaining agreements; authorized.
The school board or board of education of any school district may enter into contracts under such terms and conditions as the board deems appropriate, for periods not to exceed seven years, for the provision of utility services, refuse disposal, transportation services, maintenance services, financial services, insurance, security services, and instructional materials, supplies, and equipment and, for periods not to exceed four years, for collective-bargaining agreements with employee groups. This section does not permit multiyear contracts with individual school district employees.
Source
Laws 1984, LB 333, § 1;
R.S.1943, (1994), § 79-4,154.01;
Laws 1996, LB 900, § 268;
Laws 2019, LB675, § 3.
Annotations
A contract continuation clause does not create a contract of indefinite duration in violation of this section. Central City Ed. Assn. v. Merrick Cty. Sch. Dist., 280 Neb. 27, 783 N.W.2d 600 (2010).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-517 - School activities pass; volunteer, defined.

79-517.
School activities pass; volunteer, defined.
For purposes of section 79-518, volunteer means a person who is not an elected or appointed official or employee of a school district who, at the request or with the permission of the school board or board of education of the school district, engages in activities related to the purposes and functions of the school district or for its general benefit.
Source
Laws 1994, LB 1310, § 8;
R.S.1943, (1994), § 79-4,246;
Laws 1996, LB 900, § 270.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-518 - School activities pass; authorized; when.

79-518.
School activities pass; authorized; when.
The school board or board of education of any school district may authorize the issuance of a pass to any elected or appointed official, employee, retired employee, or volunteer of the district, member of a senior citizens group, or city official authorizing the admittance of the recipient of the pass and his or her spouse to recognized school activities without the need for the payment of any fee or charge. Such pass may be issued at no cost to the recipient or at such cost as may be designated by the board.
Source
Laws 1994, LB 1310, § 7;
R.S.1943, (1994), § 79-4,247;
Laws 1996, LB 900, § 271.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-520 - Class III school district; board of education; selection of officers; rules and regulations; compensation.

79-520.
Class III school district; board of education; selection of officers; rules and regulations; compensation.
The board of education of a Class III school district has power to select its own officers and make its own rules and regulations not inconsistent with any statute applicable to such district. No member of the board, except the secretary, shall accept or receive any compensation for services performed in discharging the duties of his or her office.
Source
Laws 1881, c. 78, subdivision XIV, § 7, p. 379;
Laws 1899, c. 62, § 8, p. 293;
Laws 1901, c. 63, § 9, p. 440;
R.S.1913, § 6954;
C.S.1922, § 6588;
C.S.1929, § 79-2507;
R.S.1943, § 79-2509;
Laws 1949, c. 256, § 240, p. 771;
R.S.1943, (1994), § 79-807;
Laws 1996, LB 900, § 273.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-521 - Class IV school district; board of education; officers; rules and regulations; taking of testimony.

79-521.
Class IV school district; board of education; officers; rules and regulations; taking of testimony.
The board of education of a Class IV school district has power to select its own officers and make rules and regulations necessary to carry out the board's legal duties. The board of education, or any committee of the members of the board, has power to compel the attendance of witnesses for the investigation of matters that may come before them. The presiding officer of the board of education or the chairperson of such committee may administer the requisite oaths, and such board or committee has the same authority to compel the giving of testimony as is conferred on courts of justice.
Source
Laws 1949, c. 256, § 211, p. 760;
R.S.1943, (1971), § 79-524;
Laws 1971, LB 450, § 3;
R.S.1943, (1994), § 79-907;
Laws 1996, LB 900, § 274.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-522 - Class V school district; board of education; officers; rules and regulations; testimony; power to compel.

79-522.
Class V school district; board of education; officers; rules and regulations; testimony; power to compel.
The board of education of a Class V school district has power to select its own officers and make its rules and regulations. The board or any committee of the members of the board has power to compel the attendance of witnesses for the investigation of matters that may come before it. The presiding officer of the board or the chairperson of such committee for the time being may administer the requisite oaths, and such board or committee has the same authority to compel the giving of testimony as is conferred on courts of justice.
Source
Laws 1891, c. 45, § 7, p. 319;
R.S.1913, § 7015;
C.S.1922, § 6646;
C.S.1929, § 79-2709;
R.S.1943, § 79-2709;
Laws 1949, c. 256, § 255, p. 777;
R.S.1943, (1994), § 79-1003.04;
Laws 1996, LB 900, § 275.
Annotations
The board of education is authorized to make rules and regulations. Galstan v. School Dist. of Omaha, 177 Neb. 319, 128 N.W.2d 790 (1964).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-524 - Class III or IV school district; permanent and continuing census.

79-524.
Class III or IV school district; permanent and continuing census.
The school board of any Class III or IV school district shall establish a permanent and continuing census or enumeration of school children in the school district. The list in writing of the names of the children and taxpayers shall not be required to be reported, but the names of all of the children belonging to such school district, from birth through twenty years of age, shall instead be kept in a depository maintained by such school district and subject to inspection at all times. Such record shall not or need not include the names of all the taxpayers in the district.
Source
Laws 1996, LB 900, § 277;
Laws 1999, LB 272, § 72;
Laws 2018, LB377, § 33.
Annotations
Courts will take judicial notice of census. Kokes v. State ex rel. Koupal, 55 Neb. 691, 76 N.W. 467 (1898).
Record is best evidence on question of enumeration. State ex rel. Vale v. School Dist. of City of Superior, 55 Neb. 317, 75 N.W. 855 (1898).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-525 - Class III or IV school district; school board; duty to maintain schoolhouse; accounts.

79-525.
Class III or IV school district; school board; duty to maintain schoolhouse; accounts.
The school board or board of education of a Class III or IV school district shall (1) provide the necessary appendages for the schoolhouse, (2) keep the same in good condition and repair during the time school is taught in the schoolhouse, and (3) keep an accurate account of all expenses incurred. Such account shall be prepared by the secretary, audited by the president and treasurer, and, on their written order, paid out of the general school fund.
Source
Laws 1881, c. 78, subdivision IV, § 13, p. 349;
R.S.1913, § 6775;
C.S.1922, § 6316;
C.S.1929, § 79-413;
R.S.1943, § 79-415;
Laws 1949, c. 256, § 79, p. 719;
R.S.1943, (1994), § 79-440;
Laws 1996, LB 900, § 278;
Laws 2018, LB377, § 34.
Annotations
This section (formerly section 79-440) gives a school district the power to provide necessary appendages to the schoolhouse and to secure the regular attendance of students at school; necessarily implied in this section is the power to construct an access road when the only party in a position to build the road in the necessary timeframe is the school district. Robertson v. School Dist. No. 17 of Douglas County, 252 Neb. 103, 560 N.W.2d 469 (1997).
Claim for transportation should be filed with secretary of district. George v. School Dist. No. 24 of Red Willow County, 157 Neb. 791, 61 N.W.2d 401 (1953).
Board was not authorized to purchase residence for teachers. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).
Duty to make necessary repairs to school building is vested in school board without special authority from voters. Morfeld v. Huddin, 131 Neb. 180, 267 N.W. 350 (1936).
Director, with consent of moderator, may contract for repairs during vacation. Leonard v. State ex rel. Tressler, 67 Neb. 635, 93 N.W. 988 (1903).
Architect's fees for plans for new building are general expense. Fiske v. School Dist. of City of Lincoln, 59 Neb. 51, 80 N.W. 265 (1899), reversing on rehearing 58 Neb. 163, 78 N.W. 392 (1899).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-529 - Failure to file annual financial report; use of other reports.

79-529.
Failure to file annual financial report; use of other reports.
(1) When the superintendent of a school district fails to file the annual financial report on or before the date required by subsection (3) of section 79-528, the State Department of Education shall use the annual financial report from the immediately preceding fiscal year for purposes of the Tax Equity and Educational Opportunities Support Act.
(2) For purposes of the final calculation of state aid pursuant to section 79-1065, the annual financial report for the most recently available complete data year shall be used.
Source
Laws 2013, LB410, § 22;
Laws 2018, LB1081, § 7.
Cross References
Tax Equity and Educational Opportunities Support Act, see section 79-1001.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-530 - Parental involvement; legislative findings.

79-530.
Parental involvement; legislative findings.
The Legislature finds and declares:
(1) That parental involvement is a key factor in the education of children;
(2) That parents need to be informed of the educational practices affecting their children; and
(3) That public schools should foster and facilitate parental information about and involvement in educational practices affecting their children.
It is the intent of the Legislature, through the enactment of sections 79-531 to 79-533, to strengthen the level of parental involvement and participation in the public school system of the state.
Source
Laws 1994, LB 1161, § 1;
R.S.1943, (1994), § 79-4,242;
Laws 1996, LB 900, § 283.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-531 - Parental involvement; public school district; adopt policy.

79-531.
Parental involvement; public school district; adopt policy.
On or before July 1, 1995, each public school district in the state shall develop and adopt a policy stating how the district will seek to involve parents in the schools and what parents' rights shall be relating to access to the schools, testing information, and curriculum matters.
Source
Laws 1994, LB 1161, § 2;
R.S.1943, (1994), § 79-4,243;
Laws 1996, LB 900, § 284.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-532 - Parental involvement; policy; contents.

79-532.
Parental involvement; policy; contents.
The policy required by section 79-531 shall include, but need not be limited to, the following:
(1) How the school district will provide access to parents concerning textbooks, tests, and other curriculum materials used in the school district;
(2) How the school district will handle requests by parents to attend and monitor courses, assemblies, counseling sessions, and other instructional activities;
(3) Under what circumstances parents may ask that their children be excused from testing, classroom instruction, and other school experiences the parents may find objectionable;
(4) How the school district will provide access to records of students;
(5) What the school district's testing policy will be; and
(6) How the school district participates in surveys of students and the right of parents to remove their children from such surveys.
Source
Laws 1994, LB 1161, § 3;
R.S.1943, (1994), § 79-4,244;
Laws 1996, LB 900, § 285.