Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 85 - ESU BOUNDARY CHANGE PETITIONS › Section 92-85-003 - General Procedures for ESU Boundary Change Petitions

Current through June 17, 2024
003.01 Content of Petition
An ESU boundary change petition may be filed by one or more
				  ESUs or school boards as provided in Section
				  79-1207
				  R.R.S., either as a result of a resolution adopted by a majority vote of the
				  ESU board or school board or when they are required to initiate the petition
				  upon receipt of a reorganization petition signed by ten percent of the
				  registered voters of the ESU or school district and certified by the county
				  clerk or election commissioner. The petition must comply in all respects with
				  Sections
				  79-1207
				  through
				  79-1209
				  R.R.S. A sample petition is contained in Appendix A. The petition shall be
				  typed double spaced on 8 1/2x 11 inch white paper and shall:
003.01A Show the venue: "BEFORE THE STATE
				BOARD OF EDUCATION, STATE OF NEBRASKA";
003.01B Contain a heading captioned "IN THE
				MATTER OF THE BOUNDARY CHANGE PETITION OF" and then specifying the name(s) of
				the educational service unit(s) and school district(s) that is (are) bringing
				the petition and their mailing addresses;
003.01C State that the petition has been
				initiated by a resolution adopted by a majority vote of the petitioning ESU(s)
				and/or district(s), and contain, as an attachment a copy or copies of all such
				resolution(s). If the ESU(s) and/or districts(s) are initiating a petition upon
				the receipt of a petition signed by ten percent of the registered voters of
				such ESU or district, a copy of such petition, as certified by the county clerk
				or election commissioner, shall also be made an attachment.
003.01D State the legal names of all of the
				affected districts and ESUs, their mailing addresses, the name(s) of the county
				or counties in which all of the land in the affected districts and ESUs is
				located, and the class of each district.
003.01E Specifically state which boundary
				changes are sought, which shall include one or more of the following:
003.01E1 A transfer of a school district or
				districts from one established ESU to another established ESU;
003.01E2 A withdrawal from an established ESU
				by two or more school districts to form a new ESU;
003.01E3 An addition of a school district or
				districts which are not part of an ESU to an established or new ESU; and/or
003.01E4 The dissolution of one or
				more entire educational service units for attachment to existing educational
				service units or the merger of two or more educational service units into a new
				educational service unit.
003.01F Contain a clear and specific detailed
				description of the current and proposed boundaries listing affected districts
				and affected ESUs, and shall include as an attachment a map or maps clearly
				showing the current and proposed boundaries of the affected districts and
				ESUs.
003.01G Contain as an
				attachment a plan of reorganization, which shall include a summary of the
				reasons for the proposed reorganization, which shall specifically address the
				following:
003.01G1 The educational needs of
				students in the affected school districts and the affected educational service
				units;
003.01G2 The economic
				viability of the proposal as it relates to affected established educational
				service units or affected proposed educational service units;
003.01G3 Any community of interest among
				affected school districts and affected educational service units;
003.01G4 Geographic proximity as such would
				affect the ability of affected educational service units to deliver service in
				a cost-effective manner; and
003.01G5 In the dissolution of one or more
				entire educational service units, evidence of consent from each educational
				service unit board and two-thirds of the school boards or boards of education
				of member school districts representing a majority of students in each affected
				educational service unit.
003.01H Contain as an attachment a plan for
				the provision of services to districts affected by the reorganization
				plan.
003.01I In cases when the
				petition proposes dissolution of an entire ESU or ESUs for attachment to an
				existing ESU or the merger of two or more ESUs into a new ESU, contain as an
				attachment a summary of the terms on which such reorganization is proposed,
				including:
003.01l1 Provision for the
				utilization of existing facilities, equipment, and materials; and
003.01l2 Provision for the disposition of
				assets and any unbonded indebtedness of affected ESUs.
003.01J When the petition deals with the
				attachment of new territory to an existing ESU, verification of approval by
				majority vote of the receiving ESU Board.
003.01K Contain a statement requesting the
				Board, after public hearing, to approve such petition. In the case of petitions
				initiated by voters, the initiating board(s) and/or ESU(s) may choose to
				request rejection of the petition and may add attachments outlining their
				reasons for such request.
003.01L
				Be subscribed and verified by a representative of each petitioning district or
				ESU or by their attorney(s), in which case each attorney shall list his or her
				address.