reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-407 - Class III school district; boundaries; body corporate; powers.

79-407.
Class III school district; boundaries; body corporate; powers.
The territory within the corporate limits of each incorporated municipality in the State of Nebraska that is not in part within the boundaries of a learning community, together with such additional territory and additions to such municipality as may be added thereto, as declared by ordinances to be boundaries of such municipality, having a population of less than one hundred fifty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, including such adjacent territory as now is or hereafter may be attached for school purposes, shall constitute a Class III school district, except that nothing in this section shall be construed to change the boundaries of any school district that is a member of a learning community. The school district shall be a body corporate and possess all the usual powers of a corporation for public purposes and may sue and be sued, purchase, hold, and sell such personal and real property, and control such obligations as are authorized by law.
Source
Laws 1881, c. 78, subdivision XIV, § 1, p. 376;
Laws 1883, c. 72, § 18, p. 296;
Laws 1897, c. 69, § 1, p. 315;
Laws 1909, c. 128, § 1, p. 472;
R.S.1913, § 6948;
Laws 1917, c. 128, § 1, p. 309;
C.S.1922, § 6582;
C.S.1929, § 79-2501;
R.S.1943, § 79-2501;
Laws 1949, c. 256, § 232, p. 767;
Laws 1959, c. 382, § 4, p. 1325;
Laws 1967, c. 541, § 1, p. 1782;
Laws 1976, LB 383, § 1;
Laws 1980, LB 743, § 3;
Laws 1981, LB 16, § 2;
Laws 1983, LB 465, § 1;
Laws 1984, LB 908, § 1;
Laws 1988, LB 1142, § 6;
Laws 1988, LB 835, § 1;
R.S.1943, (1994), § 79-801;
Laws 1996, LB 900, § 156;
Laws 1997, LB 345, § 9;
Laws 1998, LB 629, § 2;
Laws 2005, LB 126, § 13;
Laws 2006, LB 1024, § 21;
Referendum 2006, No. 422;
Laws 2017, LB113, § 55;
Laws 2018, LB377, § 14.
Cross References
Annexation by change of city boundaries, see section 79-473.
Annotations
The selection of a site for a new school building in a Class III district is an administrative determination to be made by the board of education of the district. Christian v. Geis, 193 Neb. 146, 225 N.W.2d 868 (1975).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-408 - Class IV school district; boundaries; body corporate; powers.

79-408.
Class IV school district; boundaries; body corporate; powers.
The territory now or hereafter embraced within each incorporated city of the metropolitan class or city of the primary class in the State of Nebraska that is not in part within the boundaries of a learning community, such adjacent territory as now or hereafter may be included therewith for school purposes, and such territory not adjacent thereto as may have been added thereto by law shall constitute a Class IV school district, except that nothing in this section shall be construed to change the boundaries of any school district that is a member of a learning community. A Class IV school district shall be a body corporate and possess all the usual powers of a corporation for public purposes, may sue and be sued, and may purchase, hold, and sell such personal and real estate and contract such obligations as are authorized by law.
The title to all real or personal property owned by such school district shall, upon the organization of the school district, vest immediately in the school district so created. The board of education shall have exclusive control of all property belonging to the school district.
Source
Laws 1917, c. 225, § 1, p. 550;
C.S.1922, § 6610;
C.S.1929, § 79-2601;
R.S.1943, § 79-2601;
Laws 1947, c. 294, § 1(1), p. 907;
Laws 1949, c. 256, § 244, p. 772;
Laws 1963, c. 489, § 1, p. 1561;
Laws 1971, LB 475, § 1;
Laws 1988, LB 1142, § 7;
R.S.1943, (1994), § 79-901;
Laws 1996, LB 900, § 157;
Laws 2005, LB 126, § 14;
Laws 2006, LB 1024, § 22;
Referendum 2006, No. 422;
Laws 2011, LB509, § 15;
Laws 2018, LB1081, § 5.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-409 - Class V school district; body corporate; powers.

79-409.
Class V school district; body corporate; powers.
Each incorporated city of the metropolitan class in the State of Nebraska shall contain at least one Class V school district. A Class V school district shall be a body corporate and possess all the usual powers of a corporation for public purposes and may sue and be sued, purchase, hold, and sell such personal and real property, and control such obligations as are authorized by law.
Source
Laws 1891, c. 45, § 1, p. 317;
R.S.1913, § 7007;
C.S.1922, § 6638;
C.S.1929, § 79-2701;
R.S.1943, § 79-2701;
Laws 1947, c. 296, § 1, p. 910;
Laws 1949, c. 256, § 248, p. 774;
Laws 1988, LB 1142, § 8;
R.S.1943, (1994), § 79-1001;
Laws 1996, LB 900, § 158;
Laws 2005, LB 126, § 15;
Laws 2006, LB 1024, § 23;
Referendum 2006, No. 422.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-412 - Districts; bordering on river constituting state boundary line; boundary.

79-412.
Districts; bordering on river constituting state boundary line; boundary.
The boundary line or part thereof of all school districts which border on any river that is the boundary line between the State of Nebraska and any other state shall be identical with the boundary line of the state.
Source
Laws 1923, c. 62, § 1, p. 189;
C.S.1929, § 79-131;
R.S.1943, § 79-143;
Laws 1949, c. 256, § 60, p. 713;
R.S.1943, (1994), § 79-421;
Laws 1996, LB 900, § 161.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-414 - Districts; change in territory; list of voters; accompany petition.

79-414.
Districts; change in territory; list of voters; accompany petition.
A list or lists of all the legal voters in each district or territory affected, made under the oath of a resident of each district or territory, shall be given to the State Committee for the Reorganization of School Districts when the petition is filed under section 79-413.
Source
Laws 1883, c. 72, § 1, p. 288;
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(5), p. 662;
R.S.1943, § 79-110;
Laws 1949, c. 256, § 43, p. 707;
R.R.S.1943, § 79-404;
Laws 1971, LB 468, § 7;
R.S.1943, (1994), § 79-402.08;
Laws 1996, LB 900, § 163;
Laws 1999, LB 272, § 31.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-415 - Changes in boundaries; creation of new district; how initiated.

79-415.
Changes in boundaries; creation of new district; how initiated.
In addition to the petitions of legal voters pursuant to section 79-413, changes in boundaries and the creation of a new school district from other districts may be initiated and accepted by the school board or board of education of any district that is not a member of a learning community.
Source
Laws 1971, LB 468, § 2;
Laws 1990, LB 259, § 6;
Laws 1991, LB 511, § 12;
Laws 1992, LB 245, § 17;
R.S.1943, (1994), § 79-402.03;
Laws 1996, LB 900, § 164;
Laws 1997, LB 806, § 7;
Laws 2005, LB 126, § 18;
Laws 2006, LB 1024, § 25;
Referendum 2006, No. 422;
Laws 2018, LB377, § 16.
Annotations
An accepted affiliation petition is not a contract; rather, it creates a new school system. State ex rel. Fick v. Miller, 255 Neb. 387, 584 N.W.2d 809 (1998).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-418 - Changes in boundaries; creation of new school district; petition; requirements.

79-418.
Changes in boundaries; creation of new school district; petition; requirements.
Petitions presented pursuant to section 79-415 shall be subject to the same requirements for content, hearings, notice, review, and appeal as petitions submitted pursuant to section 79-413, except that a petition presented pursuant to section 79-415 shall not become effective unless it is approved by a vote of a majority of the members of the State Committee for the Reorganization of School Districts. Any person adversely affected by the disapproval shall have the right of appeal under section 79-413.
Source
Laws 1971, LB 468, § 5;
Laws 1984, LB 942, § 1;
R.S.1943, (1994), § 79-402.06;
Laws 1996, LB 900, § 167;
Laws 1997, LB 806, § 8;
Laws 1999, LB 272, § 32;
Laws 2005, LB 126, § 20;
Referendum 2006, No. 422;
Laws 2018, LB377, § 17.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-419 - Districts; creation from other districts; petition; contents.

79-419.
Districts; creation from other districts; petition; contents.
(1) When a new district is to be created from other districts as provided in section 79-413, the petition shall contain:
(a) A description of the proposed boundaries of the reorganized districts;
(b) A summary of the terms on which reorganization is to be made between the reorganized districts, which terms may include a provision for initial school board districts or wards within the proposed district for the appointment of the first school board and also for the first election as provided in section 79-451, which proposed initial school board districts or wards shall be determined by the State Committee for the Reorganization of School Districts taking into consideration population and valuation, and a determination of the terms of the board members first appointed to membership of the board of the newly reorganized district;
(c) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization;
(d) A separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;
(e) An affidavit from the county clerk or election commissioner regarding the validity of the signatures on the petition; and
(f) Such other matters as the petitioners determine proper to be included.
(2) A petition under subsection (1) of this section may contain provisions for the holding of school within existing buildings in the newly reorganized district and that a school constituted under this section shall be maintained from the date of reorganization unless the legal voters served by the school vote by a majority vote for discontinuance of the school.
Source
Laws 1963, c. 475, § 2, p. 1528;
R.R.S.1943, (1966), § 79-402.01;
Laws 1971, LB 468, § 6;
Laws 1985, LB 662, § 26;
R.S.1943, (1994), § 79-402.07;
Laws 1996, LB 900, § 168;
Laws 1997, LB 806, § 9;
Laws 1999, LB 272, § 33;
Laws 2003, LB 394, § 4;
Laws 2005, LB 126, § 21;
Referendum 2006, No. 422;
Laws 2018, LB377, § 18.
Annotations
Under the precursor to subsection (2) of this section, merging school boards were not authorized to include in their merger petition a requirement that the surviving school board obtain a majority vote from voters in a former school district or a unanimous vote from school board members before moving grades four through six from an elementary school in a former district. Citizens for Eq. Ed. v. Lyons-Decatur Sch. Dist., 274 Neb. 278, 739 N.W.2d 742 (2007).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-420 - School districts; creation from other school districts; appointment of first school board; term; election of successors.

79-420.
School districts; creation from other school districts; appointment of first school board; term; election of successors.
Within thirty days after the creation of a new school district pursuant to sections 79-413 to 79-419, the State Committee for the Reorganization of School Districts shall appoint from among the legal voters of the new school district created the number of members necessary to constitute a school board of the class in which the new school district has been classified. Members of the first board shall be appointed so that their terms will expire in accord with provisions of law governing school districts of the class involved. The board so appointed shall organize at once in the manner prescribed by law. A reorganized school district shall be formed, organized, and have a governing board not later than June 1 following the last legal action, as prescribed in section 79-413, necessary to effect the changes in boundaries as set forth in the petition, although the physical reorganization of such reorganized school district may not take effect until the commencement of the following school year. At the next election following the establishment of the new school district and at subsequent elections, successors shall be elected in the manner provided by law for election of board members of the class to which the school district belongs.
Source
Laws 1963, c. 475, § 3, p. 1528;
R.R.S.1943, (1966), § 79-402.02;
Laws 1971, LB 468, § 8;
Laws 1988, LB 520, § 1;
R.S.1943, (1994), § 79-402.09;
Laws 1996, LB 900, § 169;
Laws 1997, LB 345, § 11;
Laws 1999, LB 272, § 34;
Laws 2015, LB525, § 10.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-421 - Territory not included in organized district; county clerk; notice; hearing.

79-421.
Territory not included in organized district; county clerk; notice; hearing.
(1) When it comes to the attention of the county clerk that any territory located wholly within his or her county is not included in any organized district, he or she shall notify the State Committee for the Reorganization of School Districts. Within fifteen days after such notice, the state committee shall set a date for a hearing on the question of the district or districts to which such territory should be attached and shall give fifteen days' notice by certified or registered mail of the time and place of hearing to each legal voter residing in such territory and whose mailing address is known and also to the school board of each school district in the county adjacent to such territory. Notice of the hearing also shall be given by publication once each week for two weeks in a newspaper of general circulation in the county. Following such hearing, the state committee shall notify the county clerk of the county or counties containing the district or districts to which such territory should be attached and the county clerk shall attach such territory.
(2) If the state committee cannot or does not agree on the district or districts to which the territory shall be attached, within sixty days after being notified by the county clerk, the matter shall be referred to the State Board of Education which shall attach the territory after notice and hearing. Notice shall be given in the same manner as by the state committee.
(3) In determining the district or districts to which such territory shall be attached, consideration shall be given to the school facilities, transportation facilities, and distance children must travel to school.
Source
Laws 1971, LB 468, § 9;
R.S.1943, (1994), § 79-402.10;
Laws 1996, LB 900, § 170;
Laws 1999, LB 272, § 35.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-422 - Change in boundary lines; bonded indebtedness; treatment.

79-422.
Change in boundary lines; bonded indebtedness; treatment.
Bonded indebtedness approved by legal voters prior to any change in school district boundary lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in the petitions. When a district is dissolved by petitions and the area is attached to two or more districts, the petitions shall specify the disposition of assets and unbonded obligations of the original district.
Source
Laws 1971, LB 468, § 10;
Laws 1990, LB 259, § 11;
Laws 1993, LB 348, § 13;
R.S.1943, (1994), § 79-402.11;
Laws 1996, LB 900, § 171;
Laws 2005, LB 126, § 22;
Referendum 2006, No. 422;
Laws 2021, LB528, § 24.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-432 - Act, how cited.

79-432.
Act, how cited.
Sections 79-432 to 79-451 shall be known and may be cited as the Reorganization of School Districts Act.
Source
Laws 1949, c. 249, § 19, p. 679;
R.R.S.1943, (1958), § 79-426.19;
Laws 1963, c. 479, § 15, p. 1545;
R.S.1943, (1994), § 79-426.22;
Laws 1996, LB 900, § 181;
Laws 1997, LB 806, § 11.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-433 - Terms, defined.

79-433.
Terms, defined.
For purposes of the Reorganization of School Districts Act, unless the context otherwise requires:
(1) Reorganization of school districts means the formation of new school districts, the alteration of boundaries of established school districts that are not members of a learning community, and the dissolution or disorganization of established school districts through or by means of any one or combination of the methods set out in section 79-434; and
(2) State committee means the State Committee for the Reorganization of School Districts created by section 79-435.
Source
Laws 1949, c. 249, § 1, p. 673;
Laws 1963, c. 479, § 1, p. 1536;
Laws 1990, LB 259, § 12;
R.S.1943, (1994), § 79-426.01;
Laws 1996, LB 900, § 182;
Laws 1999, LB 272, § 41;
Laws 2005, LB 126, § 24;
Laws 2006, LB 1024, § 27;
Referendum 2006, No. 422;
Laws 2021, LB528, § 25.
Annotations
Consolidation by election method is to be distinguished from proceedings by petition. Longe v. County of Wayne, 175 Neb. 245, 121 N.W.2d 196 (1963).
Plan of reorganization may be initiated by either county committee or state committee. School District No. 42 of Hitchcock County v. Marshall, 160 Neb. 832, 71 N.W.2d 549 (1955).
Reorganization of School Districts Act sustained as constitutional. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
This and subsequent 17 sections provide procedure for reorganization of school districts. Peterson v. Hancock, 155 Neb. 801, 54 N.W.2d 85 (1952).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-434 - Reorganization of school districts; methods.

79-434.
Reorganization of school districts; methods.
Reorganization of school districts 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 1949, c. 249, § 2, p. 674;
Laws 1990, LB 259, § 13;
Laws 1991, LB 511, § 22;
Laws 1992, LB 245, § 27;
R.S.1943, (1994), § 79-426.02;
Laws 1996, LB 900, § 183;
Laws 2005, LB 126, § 25;
Referendum 2006, No. 422;
Laws 2018, LB377, § 19.
Annotations
Former section 79-801.02 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).
Uniting of one or more districts can be accomplished by reorganization method. School District No. 42 of Hitchcock County v. Marshall, 160 Neb. 832, 71 N.W.2d 549 (1955).
Reorganization of School Districts Act provides reasonable limitations and standards. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
Merger of school districts was subject to election. Peterson v. Hancock, 155 Neb. 801, 54 N.W.2d 85 (1952).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-435 - State Committee for the Reorganization of School Districts; members; appointment; term; qualifications; expenses.

79-435.
State Committee for the Reorganization of School Districts; members; appointment; term; qualifications; expenses.
The State Committee for the Reorganization of School Districts is created. The state committee shall be composed of six members. The Commissioner of Education shall be a member of the committee ex officio and shall serve as a nonvoting member of the committee. Within thirty days after September 18, 1955, the State Board of Education, by a resolution adopted with the assent of a majority of its members, shall appoint the remaining five members of the state committee, one each for terms of one, two, three, four, and five years respectively. As the term of each member expires, a successor shall be appointed in the same manner for a term of five years. Three members of the state committee shall at all times be laypersons, and two members shall at all times be persons holding teachers' certificates issued by the authority of the State of Nebraska. Vacancies in the membership of the state committee shall be filled for the unexpired term by appointment in the same manner as the original appointment to membership. Members of the state committee shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties, as provided in sections 81-1174 to 81-1177 and paid from funds appropriated by the Legislature to the office of the State Board of Education. The State Board of Education shall adopt and promulgate rules and regulations for the state committee to carry out its duties as provided by law.
Source
Laws 1949, c. 249, § 3, p. 674;
Laws 1955, c. 311, § 1, p. 956;
Laws 1981, LB 204, § 154;
R.S.1943, (1994), § 79-426.03;
Laws 1996, LB 900, § 184;
Laws 1999, LB 272, § 42;
Laws 2005, LB 126, § 26;
Referendum 2006, No. 422.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-436 - State committee; officers; meetings; quorum.

79-436.
State committee; officers; meetings; quorum.
The state committee shall organize by electing a chairperson and vice-chairperson from its appointive members. The Commissioner of Education shall be secretary of the state committee. Meetings of the state committee shall be held upon the call of the chairperson or any three of the members thereof. A majority of the state committee shall constitute a quorum.
Source
Laws 1949, c. 249, § 4, p. 674;
Laws 1955, c. 311, § 2, p. 957;
R.S.1943, (1994), § 79-426.04;
Laws 1996, LB 900, § 185.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-439 - State committee; duties.

79-439.
State committee; duties.
The state committee shall recommend to school districts plans and procedures for the reorganization of school districts within the various counties and shall furnish advice and assistance in connection with such plans and procedures.
Source
Laws 1949, c. 249, § 7, p. 676;
Laws 1955, c. 311, § 3, p. 957;
R.S.1943, (1994), § 79-426.07;
Laws 1996, LB 900, § 188;
Laws 1999, LB 272, § 43.
Annotations
State committee has only advisory powers. School District No. 42 of Hitchcock County v. Marshall, 160 Neb. 832, 71 N.W.2d 549 (1955).
State committee provides plans and procedures. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-441 - State committee; plan of reorganization; review.

79-441.
State committee; plan of reorganization; review.
(1) In the review of a plan for the reorganization of school districts, the state committee shall give due consideration to (a) the educational needs of local communities, (b) economies in transportation and administration costs, (c) the future use of existing satisfactory school buildings, sites, and play fields, (d) the convenience and welfare of pupils, (e) a reduction in the disparities in per pupil valuation among school districts, (f) the equalization of the educational opportunity of pupils, and (g) any other matters which, in its judgment, are of importance. The school board proposing the plan of reorganization, in preparation or review of a plan for reorganization, shall take into consideration any advice or suggestions offered by the state committee.
(2) A plan for the reorganization of school districts shall be filed with the state committee. The plan shall, for purposes of submission to the state committee and at the special election provided for in subsection (1) of section 79-447, be the responsibility of the school district which has the largest number of pupils residing in the proposed district.
Source
Laws 1949, c. 249, § 9, p. 676;
Laws 1951, c. 278, § 4, p. 939;
Laws 1953, c. 296, § 1, p. 1001;
Laws 1955, c. 310, § 1, p. 954;
Laws 1955, c. 311, § 5, p. 959;
Laws 1957, c. 342, § 2, p. 1183;
Laws 1963, c. 479, § 4, p. 1538;
R.S.1943, (1994), § 79-426.09;
Laws 1996, LB 900, § 190;
Laws 1997, LB 806, § 16;
Laws 1999, LB 272, § 44.
Annotations
Procedure under this section is not the exclusive method for annexing territory or changing the boundaries of school districts. Moser v. Turner, 180 Neb. 635, 144 N.W.2d 192 (1966).
Territory may be annexed upon joint action of county committees. Frankforter v. Turner, 175 Neb. 252, 121 N.W.2d 377 (1963).
Plan for reorganization of school districts was prepared under this section. Longe v. County of Wayne, 175 Neb. 245, 121 N.W.2d 196 (1963).
This section authorizes the county committee to formulate plans for changes. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
Organization of objecting district into separate voting unit was not required. School District No. 49 of Lincoln County v. School District No. 65-R of Lincoln County, 159 Neb. 262, 66 N.W.2d 561 (1954).
County committee prepares initial plan. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-442 - State committee; plan of reorganization; public hearings; notice.

79-442.
State committee; plan of reorganization; public hearings; notice.
Before any plan of reorganization is completed or approved by the state committee, it shall hold one or more public hearings. At such hearings, it shall hear any and all persons interested with respect to (1) the merits of proposed reorganization plans, (2) the value and amount of all school property of whatever nature involved in the proposed action, (3) the amount of outstanding indebtedness of each district and proposed disposition thereof, and (4) the equitable adjustment of all property, debts, and liabilities among the districts involved. 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 1949, c. 249, § 10, p. 677;
Laws 1963, c. 479, § 5, p. 1539;
R.S.1943, (1994), § 79-426.10;
Laws 1996, LB 900, § 191;
Laws 1997, LB 806, § 17;
Laws 1999, LB 272, § 45;
Laws 2001, LB 797, § 9.
Annotations
This section provides for a public hearing before the completion of a plan of reorganization. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
Omission from record of items not specifically required to be kept was not a fatal defect. School District No. 49 of Lincoln County v. School District No. 65-R of Lincoln County, 159 Neb. 262, 66 N.W.2d 561 (1954).
Notice and hearing on plan is provided. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-443 - State committee; plan of reorganization; contents.

79-443.
State committee; plan of reorganization; contents.
After one or more public hearings have been held, the state committee may approve a plan or plans of reorganization. Such plan shall contain:
(1) A description of the proposed boundaries of the reorganized districts;
(2) A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries;
(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 separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;
(5) 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. The plan may contain provisions for the holding of school within existing buildings in the newly reorganized district and that a school constituted under this section shall be maintained from the date of reorganization unless the legal voters served by the school vote by a majority vote for discontinuance of the school;
(6) A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans of reorganization; and
(7) Such other matters as the state committee determines proper to be included.
Source
Laws 1949, c. 249, § 11, p. 677;
Laws 1963, c. 480, § 1, p. 1546;
Laws 1963, c. 479, § 6, p. 1540;
Laws 1985, LB 662, § 28;
R.S.1943, (1994), § 79-426.11;
Laws 1996, LB 900, § 192;
Laws 1997, LB 806, § 18;
Laws 1999, LB 272, § 46;
Laws 2005, LB 126, § 27;
Referendum 2006, No. 422;
Laws 2014, LB946, § 36;
Laws 2018, LB377, § 20.
Annotations
This section specifies what a plan of reorganization shall contain. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
County committee prepares plan of reorganization. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-444 - Plan of reorganization; territory included; state committee; procedure.

79-444.
Plan of reorganization; territory included; state committee; procedure.
Territory included in a plan of reorganization adopted by the state committee shall remain a part of the plan until an election is held as provided in section 79-447. The state committee shall, within thirty days after holding the hearings provided for in section 79-442, notify the school districts whether or not it approves or disapproves such plan or plans.
Source
Laws 1949, c. 249, § 12, p. 677;
Laws 1951, c. 278, § 5, p. 940;
Laws 1959, c. 387, § 2, p. 1341;
Laws 1963, c. 479, § 7, p. 1541;
R.S.1943, (1994), § 79-426.12;
Laws 1996, LB 900, § 193;
Laws 1997, LB 806, § 19;
Laws 1999, LB 272, § 47.
Annotations
This section provides for submission of plan to state committee if authorized by a majority vote of county committee. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
State committee has only advisory powers. School District No. 42 of Hitchcock County v. Marshall, 160 Neb. 832, 71 N.W.2d 549 (1955).
State committee reviews plan of reorganization. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-445 - Plan of reorganization; state committee; disapproval; effect.

79-445.
Plan of reorganization; state committee; disapproval; effect.
If the state committee disapproves the plan, it shall be considered a disapproved plan, shall be returned to the school districts as a disapproved plan, and shall not be submitted to a special election.
Source
Laws 1949, c. 249, § 14, p. 678;
R.S.1943, (1994), § 79-426.14;
Laws 1996, LB 900, § 194;
Laws 1997, LB 806, § 20;
Laws 1999, LB 272, § 48.
Annotations
This section provides that county committee may accept or reject recommendations of state committee. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
Special election may be held at any convenient place in proposed district. School District No. 49 of Lincoln County v. School District No. 65-R of Lincoln County, 159 Neb. 262, 66 N.W.2d 561 (1954).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-446 - Plan of reorganization; approval; special election.

79-446.
Plan of reorganization; approval; special election.
When a plan of reorganization or any part thereof has been approved by the state committee, it shall be designated as the final approved plan and shall be returned to the school districts to be submitted to a vote as provided in section 79-447.
Source
Laws 1949, c. 249, § 13, p. 678;
Laws 1963, c. 479, § 8, p. 1542;
R.S.1943, (1994), § 79-426.13;
Laws 1996, LB 900, § 195;
Laws 1997, LB 806, § 21;
Laws 1999, LB 272, § 49.
Annotations
Contest of special election under this section is authorized. Arends v. Whitten, 172 Neb. 297, 109 N.W.2d 363 (1961).
County committee submits plan of reorganization at special election. Nickel v. School Board of Axtell, 157 Neb. 813, 61 N.W.2d 566 (1953).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-448 - Plan of reorganization; disapproval of plan; continuance of efforts; revised plan; approval.

79-448.
Plan of reorganization; disapproval of plan; continuance of efforts; revised plan; approval.
If the majority vote in each voting unit at the election described in section 79-447 is not in favor of the plan of reorganization, the school districts may continue in their efforts in an attempt to prepare a revised plan which might be acceptable. If a revised plan is approved by the school districts, it shall be submitted for the approval of the state committee, and if approved by the state committee it shall be submitted to a vote under the procedure provided in section 79-447.
Source
Laws 1963, c. 479, § 10, p. 1544;
R.S.1943, (1994), § 79-426.16;
Laws 1996, LB 900, § 197;
Laws 1999, LB 272, § 51.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-449 - Plan of reorganization; two or more districts; indebtedness.

79-449.
Plan of reorganization; two or more districts; indebtedness.
Whenever two or more school districts are involved in a reorganization plan, 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 voted upon by the people.
Source
Laws 1949, c. 249, § 16, p. 679;
Laws 1959, c. 387, § 3, p. 1341;
R.S.Supp.,1961, § 79-426.16;
Laws 1963, c. 479, § 11, p. 1544;
Laws 1971, LB 292, § 6;
Laws 1990, LB 259, § 15;
R.S.1943, (1994), § 79-426.17;
Laws 1996, LB 900, § 198;
Laws 2005, LB 126, § 29;
Referendum 2006, No. 422;
Laws 2021, LB528, § 26.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-450 - Plan of reorganization; adoption; county clerk; duties.

79-450.
Plan of reorganization; adoption; county clerk; duties.
If the plan of reorganization is adopted, 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 law applicable to the size, location, and population of the reorganized district. He or she shall also file certificates with the county assessor, county treasurer, and state committee showing the boundaries of the various districts under the plan of reorganization adopted.
Source
Laws 1949, c. 249, § 17, p. 679;
R.R.S.1943, § 79-426.17;
Laws 1963, c. 479, § 12, p. 1544;
R.S.1943, (1994), § 79-426.18;
Laws 1996, LB 900, § 199;
Laws 1999, LB 272, § 52.
Annotations
Former section 79-801.02 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).
Action of county superintendent under this section is ministerial only. Longe v. County of Wayne, 175 Neb. 245, 121 N.W.2d 196 (1963).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-451 - New school district; state committee; appoint board; members; appointment; terms; duties.

79-451.
New school district; state committee; appoint board; members; appointment; terms; duties.
Within thirty days after the classification of the reorganized school districts by the county clerk under section 79-450, 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 79-450, necessary to effect the changes in boundaries as set forth in the plan of reorganization, although the physical reorganization of such reorganized school district may not take effect until June 1. The first board shall be appointed on an at-large basis, and all boards shall be elected at large until such time as school districts are established as provided in section 32-554.
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.
The school board so appointed shall proceed at once to organize in the manner prescribed by law.
Source
Laws 1949, c. 249, § 18, p. 679;
Laws 1955, c. 311, § 7, p. 962;
R.R.S.1943, (1958),§ 79-426.18;
Laws 1963, c. 479, § 13, p. 1545;
Laws 1973, LB 557, § 6;
Laws 1974, LB 592, § 1;
Laws 1988, LB 520, § 2;
Laws 1991, LB 789, § 10;
Laws 1991, LB 511, § 23;
Laws 1992, LB 245, § 28;
Laws 1994, LB 76, § 593;
R.S.1943, (1994), § 79-426.19;
Laws 1996, LB 900, § 200;
Laws 1996, LB 967, § 3;
Laws 1997, LB 345, § 14;
Laws 1999, LB 272, § 53;
Laws 2014, LB946, § 37;
Laws 2018, LB377, § 22.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-458.01 - Property encapsulated by school district; transfer; procedure.

79-458.01.
Property encapsulated by school district; transfer; procedure.
Any landowner or group of landowners whose property is a part of a school district and is encapsulated by another school district may, upon filing a notarized affidavit with the county assessor, have such property become a part of the school district by which it is encapsulated if neither school district is a member of a learning community. The transfer shall take place on January 1 next following the filing of the affidavit. Any student resident of such property shall be counted as a resident of the district from which the property was transferred until the close of the school year in which the transfer becomes effective.
For purposes of this section, encapsulated by means entirely within.
Source
Laws 1997, LB 806, § 26;
Laws 2006, LB 1024, § 44.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-467 - District; reduced taxable valuation by purchase or appropriation by federal government; exclusion of such land; formation of new district.

79-467.
District; reduced taxable valuation by purchase or appropriation by federal government; exclusion of such land; formation of new district.
Whenever (1) a school district that is not a member of a learning community suffers a reduction in the taxable valuation of the real property within the district by reason of the purchase or appropriation by the United States or any instrumentality of the United States of land in the district for any defense, flood control, irrigation, or war project, (2) the number of children who are five through twenty years of age residing in the district increases by reason of the use by the United States of the land so purchased or appropriated for such purposes, and (3) such increase in the number of pupils who will be eligible to attend school in the district does or will require a levy of taxes for general school purposes in excess of the average levy for general school purposes of school districts of the same class in the county, the State Committee for the Reorganization of School Districts shall change the boundaries of the existing district to exclude all land purchased and appropriated by the United States and all land which by reason of its use or ownership is exempt from state taxation under the United States Constitution and the statutes of the United States. When the United States, by the appropriate officer, does not accept or has not accepted exclusive jurisdiction over land so excluded, the state committee shall form a new school district embracing land thus excluded.
Source
Laws 1951, c. 277, § 1(4), p. 936;
Laws 1979, LB 187, § 222;
Laws 1990, LB 1090, § 4;
Laws 1992, LB 719A, § 179;
R.S.1943, (1994), § 79-408.03;
Laws 1996, LB 900, § 216;
Laws 1999, LB 272, § 59;
Laws 2006, LB 1024, § 45.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-468 - City of second class or village; merger with city of primary class; existing school districts; merger; obligations; how discharged.

79-468.
City of second class or village; merger with city of primary class; existing school districts; merger; obligations; how discharged.
(1) Whenever a city of the second class, a village, or a ward of a city of the second class or village is consolidated according to law with a city of the primary class, the territory so consolidated shall become annexed to and merged into the school district of such city of the primary class if such territory is in a school district that is not a member of a learning community and the school district of such city of the primary class is not a member of a learning community. All laws, rules, and regulations governing the school district and schools of such city of the primary class shall apply to the district and schools within the territory annexed to it. The school district into which the others in whole or in part are merged shall succeed to all the property, contracts, and obligations of each and all of the school districts so merged into it, in whole or in part, and shall assume all of their valid contracts and obligations.
(2) If one or more wards, but less than all wards, of a city of the second class or of a village become consolidated with such city of the primary class, the school district into which such territory is merged shall assume such portion of all valid contracts and obligations of the school district of which such territory before the consolidation was a part as the taxable valuation of all the property of the territory thus merged with the school district of such city of the primary class bears to the total taxable valuation of all the property within the school district from which such territory has been detached.
Source
Laws 1917, c. 225, § 25, p. 556;
C.S.1922, § 6634;
C.S.1929, § 79-2625;
R.S.1943, § 79-2628;
Laws 1949, c. 256, § 220, p. 762;
Laws 1979, LB 187, § 235;
Laws 1992, LB 719A, § 188;
R.S.1943, (1994), § 79-533;
Laws 1996, LB 900, § 217;
Laws 2006, LB 1024, § 46.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-469 - City of second class or village; merger with city of primary class; officers of merged school district; duties.

79-469.
City of second class or village; merger with city of primary class; officers of merged school district; duties.
Upon a consolidation taking effect as provided in section 79-468, the office and tenure of all members of boards of education and other school district officers of the district which is annexed to and merged into the school district of the city of the primary class shall cease. All the officers of any city or village school district thus annexed having any of the funds, records, books, papers, or property of any kind in their hands or under their control shall immediately deliver the same to such officers of the district to which their district is annexed as are entitled to receive them.
Source
Laws 1917, c. 225, § 26, p. 557;
C.S.1922, § 6635;
C.S.1929, § 79-2626;
R.S.1943, § 79-2629;
Laws 1949, c. 256, § 221, p. 763;
R.S.1943, (1994), § 79-534;
Laws 1996, LB 900, § 218;
Laws 2006, LB 1024, § 47.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-470 - Contract for instruction; limitation; dissolution.

79-470.
Contract for instruction; limitation; dissolution.
(1) No district shall contract for the instruction of all of its pupils with a Class III, IV, or V school district for more than two consecutive years.
(2) The State Committee for the Reorganization of School Districts shall dissolve and attach to a neighboring school district or districts any school district which, for two consecutive years, contracts for the instruction of all of its pupils with a Class III, IV, or V school district.
(3) The dissolution of any school district pursuant to this section shall be effected in the manner prescribed in section 79-498. When such dissolution would create extreme hardships on the pupils or the school district affected, the State Board of Education may, on application by the school board of the school district, waive the dissolution of the school district on an annual basis.
(4) Nothing in this section shall be construed as an extension of the limitations on contracting for the instruction of the pupils of a school district contained in section 79-598.
Source
Laws 1969, c. 703, § 3, p. 2702;
Laws 1973, LB 148, § 2;
Laws 1987, LB 106, § 1;
R.S.1943, (1994), § 79-603;
Laws 1996, LB 900, § 219;
Laws 1999, LB 272, § 60;
Laws 2005, LB 126, § 33;
Referendum 2006, No. 422;
Laws 2018, LB377, § 24.
Annotations
County superintendent has mandatory duty to dissolve Class I school district when precedent conditions in this section exist. In re Dissolution of School Dist. No. 22 of Madison County, 216 Neb. 89, 341 N.W.2d 918 (1983).
The constitutional prohibition against passage of ex post facto laws applies only to penal or criminal matters. Lentz v. Saunders, 199 Neb. 3, 255 N.W.2d 853 (1977).
This is an independent act and its adoption did not violate constitutional requirements. Bodenstedt v. Rickers, 189 Neb. 407, 203 N.W.2d 110 (1972).
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-471 - Dissolving district; expenses incurred by school district; charge against district and taxable property therein.

79-471.
Dissolving district; expenses incurred by school district; charge against district and taxable property therein.
Any expenses incurred by a school district in opposing an order dissolving it under section 79-470 or 79-598 shall be a charge only against such district and the taxable property therein.
Source
Laws 1973, LB 148, § 3;
R.S.1943, (1994), § 79-604;
Laws 1996, LB 900, § 220.
2023 Nebraska Revised Statutes › Chapter 79 - Schools › 79-474 - School district merged into Class III school district; bonded indebtedness; liability.

79-474.
School district merged into Class III school district; bonded indebtedness; liability.
Whenever an existing school district or a part thereof is merged into a Class III school district under the provisions of section 79-407 or 79-473, the property included in such school district or part thereof which is merged into the Class III school district shall continue to be liable for any bonded indebtedness incurred by the school district of which it was a part prior to such merger and the property included in such school district or part thereof which is merged into the Class III school district shall not be liable for any bonded indebtedness incurred by the Class III school district prior to such merger.
Source
Laws 1965, c. 509, § 1, p. 1628;
R.S.1943, (1994), § 79-801.01;
Laws 1996, LB 900, § 223.