Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 83 - PROCEDURES OF THE STATE COMMITTEE FOR THE REORGANIZATION OF SCHOOL DISTRICTS › Section 92-83-003 - Criteria for Approval of Petitions for Changes of School District Boundaries; Notice and Hearing Procedures

Current through June 17, 2024
The State Committee will approve or disapprove petitions for
				  school district boundary changes, following a review for required contents in
				  this section and the holding of public hearings.
003.01 Criteria for Approval of Petitions
Petitions under Section
				  79-413
				  R.R.S. or of school boards or boards of education under Sections
				  79-415,
				  and
				  79-416
				  R.R.S. shall be filed with the State Committee.
003.01A Petitions of the people must contain
				the signatures of sixty percent of the legal voters of each district affected.
				If the petitions contain the signatures of at least sixty five percent of the
				legal voters of each affected district, the State Committee shall approve the
				petition.
003.01B Petitions
				proposing to change the boundaries of existing school districts through the
				transfer of a parcel of land, not to exceed six hundred forty acres, shall be
				approved when the petitions involve the transfer of land between Class II, III,
				IV, and V school districts or when there would be an exchange of parcels of
				land between Class II, III, IV, and V school districts and the petitions have
				the approval of at least sixty five percent of the school board of each
				affected district.
003.01C
				Applicable incentive payments will be approved or disapproved after review by
				the State Committee according to the criteria and application requirements set
				forth in Section
				79-1011
				R.R.S.. For incentive payments to be approved for consolidations, a
				reorganization study, including efficiency, demographics, curriculum, facility,
				financial, and community components, must be completed. If a study containing
				such elements is completed and the reorganization plan or unification agreement
				"will most likely result in more efficiency in the delivery of educational
				services or greater educational opportunities," pursuant to Section
				79-1011
				R.R.S., the State Committee may approve incentive payments for the affected
				districts.
003.01D Petitions
				proposing to create a new school district or to change the boundary lines of
				existing school districts, any of which involves the transfer of more than six
				hundred forty acres, shall, when signed by at least sixty percent of the legal
				voters in each district affected, be submitted to the State Committee. The
				State Committee shall, within forty days after receipt of the petition, hold
				one or more public hearings and review and approve or disapprove such proposal.
				See Section
				003.01I of this
				Rule for notice and hearing procedures.
003.01E If there is a bond election to be
				held in conjunction with a petition, the State Committee will hold the petition
				until the bond election has been held, during which time names may be added to
				or withdrawn from the petitions. If the bond election is unsuccessful, no
				further action on the petition is required. If the bond election is successful,
				the State Committee will, within fifteen days after receipt of the
				certification of the results, approve the petition and notify the county clerk
				to effect the changes in boundary lines as set forth in the petition.
003.01E1 The results of the bond election
				shall be certified by the County Clerk or County Election Commissioner to the
				State Committee.
003.01F
				In addition to the petitions of legal voters pursuant to Sections
				003.01A through
				003.01E of this
				Rule, Sections
				79-415
				to
				79-418
				R.R.S. provide that:
003.01F1 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.
003.01F2 When the legal
				voters of a Class II school district in which no city or village is located
				petition to merge in whole or in part with a Class II district, the merger may
				be accepted by petition of the school board of the accepting
				district.
003.01F3 Except as
				otherwise provided in Section
				79-418
				R.R.S., petitions presented pursuant to Sections
				003.01F1 through
				003.01F3 of this
				Rule shall be subject to the same requirements for content, hearings, notice,
				review, and appeal as petitions submitted to Sections
				003.01A through
				003.01E of this
				Rule. See Section
				003.01I of this
				Rule for notice and hearing procedures.
003.01G When a new district is to be created
				from other districts or when boundary changes are proposed by dissolution and
				merger the petition shall contain:
003.01G1 A
				description of the proposed boundaries of the new district and the established
				school districts;
003.01G2 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
				R.R.S., which proposed initial school board districts or wards shall be
				determined by the State Committee 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;
003.01G3 A map showing
				the boundaries of established school districts and the boundaries proposed
				under any plan or plans of reorganization;
003.01G4 A separate statement as to whether
				the reorganization is contingent upon success of a bond election held in
				conjunction with the reorganization;
003.01G5 An affidavit from the county clerk
				or election commissioner regarding the validity of the signatures on the
				petition; and
003.01G6 Such other
				matters as the petitioners may determine proper to be included.
003.01H Within thirty days after
				the creation of a new school district, the State Committee 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, in accordance with Section
				79-420
				R.R.S..
003.01H1 The State Committee may
				request from the petitioners a list of persons qualified to serve on the board
				of education of the new school district and written applications from such
				persons to serve on the board of education.
003.01I Notice and Hearing Procedures for
				Petitions Submitted under Sections 003.01.
003.01I1 Upon receipt of any petition meeting
				the applicable regulatory and statutory requirements of Sections
				003.01A -
				003.01G of this
				Rule and Sections
				79-413
				and
				79-415
				through
				79-418
				R.R.S., the Commissioner of Education, as an ex officio member of the State
				Committee, or his or her designee, shall set a date for a hearing to occur
				within forty (40) days of the receipt of such petition and notify, by regular
				U.S. mail, all affected school districts. Such notice shall also be provided to
				each member of the State Committee.
003.01I2 All hearings are to be held in
				Lincoln, Nebraska, unless otherwise determined by the Commissioner or his or
				her designee.
003.01I3 Notice of
				such hearing shall be given in a legal newspaper or newspapers of general
				circulation of each county wherein any portion of any affected district lies.
				Publication of such notice shall occur at least ten (10) days prior to the
				hearing and proof of such publication shall be filed with the State Committee
				prior to the commencement of the hearing. Publication of such notice shall be
				the responsibility of the affected district with the largest number of pupils
				to the most recently filed Fall School District Membership Reports of the
				affected districts under Section
				79-528(4)
				 R.R.S.. The notice shall state that a
				hearing on the petition is to be held before the State Committee, shall state
				the date, time, and place of the hearing, shall contain a description of the
				current and proposed boundaries of the affected districts, and shall contain a
				statement as to where interested persons may view the petition. A sample notice
				is contained in Appendix A of this Rule.
003.01I4 The hearings shall be informal
				proceedings. The State Committee shall hear all persons interested in the
				petition. The State Committee may impose reasonable time limitations on
				presentations and testimony as it deems appropriate and necessary, and limit
				repetitious testimony. The State Committee, at its discretion, may receive into
				the record exhibits offered by school districts and other interested parties.
				The State Committee shall keep a record of all hearings in the formulation of
				its approval of petitions.
003.01I5
				Following the submission of testimony and evidence, the State Committee shall
				review and approve or disapprove petitions for school district boundary changes
				by an open roll call vote. Prior to such vote, the State Committee may, at its
				discretion and as necessary, meet in closed session as permitted by the public
				meetings laws, Section
				84-1410
				R.R.S.. Following its review and approval or disapproval of a petition, the
				State Committee shall issue an order in accordance with its decision to all
				affected districts.
003.01I6
				Appeals from changes made by the State Committee shall be taken as provided in
				Section
				79-413(4)
				 R.R.S..