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

Universal Citation: 92 NE Admin Rules and Regs ch 83 § 003

Current through March 20, 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..

003.02 Criteria for Approval of Plans for Reorganization of School Districts

The State Committee will approve or disapprove plans for reorganization which are subject to a special election under Sections 79-447 and 79-452 R.R.S., following a review for required content specified in Section 003.02B of this Rule and the holding of public hearing or hearings.

003.02A 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 at least ten days prior to such hearing. See Section 003.02E of this Rule for notice and hearing provisions.

003.02B After one or more public hearings have been held, the State Committee may approve a plan or plans of reorganization. Such plan shall contain:

003.02B1 A description of the proposed boundaries of the reorganized district;

003.02B2 A summary of the reasons for each proposed change, realignment, or adjustment of the boundaries;

003.02B3 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, and a determination of the terms of the board members first appointed to membership on the board of the newly reorganized district;

003.02B4 A separate statement as to whether the reorganization is contingent upon the success of a bond election held in conjunction with the reorganization;

003.02B5 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;

003.02B6 A map showing the boundaries of established school districts and the boundaries proposed under any plan or plans or reorganization;

003.02B7 Section 79-443(7) R.R.S. also provides that such plan shall contain such other matters as the State Committee determines proper to be included. These shall include (1) The full names and addresses of persons proposed by the affected districts submitting the plan to serve on the initial school board to be appointed by the State Committee under Section 003.02D of this Rule; (2) A statement of assurance that such persons are legal voters of the new school district, if and when created; (3) An assurance that the districts submitting the plan(s) believe such persons are qualified to serve on such board and are in no manner prohibited from holding such office by any law or regulation.

003.02C The State Committee shall, within thirty days after holding one or more public hearings on the proposed plan of reorganization, notify in writing and by first class mail the head administrator of the school districts whether it approves or disapproves such plan or plans. See Section 003.02E for notice and hearing procedures.

003.02C1 If the State Committee disapproves the plan, it shall be returned to the school districts and shall not be submitted to a special election.

003.02C2 If the State Committee approves the plan, or any part thereof, it shall be designated as the final approved plan and shall be returned to the school districts to be submitted to a vote in the special election under Section 79-447 R.R.S..

003.02C3 Applicable incentive payments (Section 79-1010 R.R.S.) will be approved or disapproved pending final approval of the plan by the legal voters voting in a special election.

003.02C4 If the majority vote in each voting unit at the election described in Section 79-447 R.R.S. 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 that 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 R.R.S..

003.02D The State Committee shall, within thirty days after the classification of the reorganized school districts by the county clerk, appoint from among the legal voters of each 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. 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 R.R.S.. The terms of the appointment will be as specified in Section 79-451 R.R.S..

003.02E Procedures for Notice and Hearings on Plans for the Reorganization of School Districts.

003.02E1 Upon the filing with the State Committee of a plan for the reorganization of school districts pursuant to Section 79-441(2) 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 such hearing and notify, by regular U.S. mail, all affected school districts of the date, time and place of such hearing. Such notice shall also be provided to each member of the State Committee. All hearings shall be held in Lincoln, Nebraska unless otherwise determined by the Commissioner or his or her designee.

003.02E2 Pursuant to Section 79-442 R.R.S., notice of such public hearings of the State Committee on plans of reorganization shall be given by publication in a legal newspaper of general circulation in the county at least ten (10) days prior to such hearing.

003.02E2A Publication of such notice shall be the responsibility of the affected school district that has the largest number of pupils according to the most recently filed Fall School District Membership Reports of the affected districts under Section 79-528(4) R.R.S.. Proof of such publication shall be filed with the State Committee prior to commencement of such hearing.

003.02E2B The notice shall state that a hearing on the plan of reorganization of school districts is to be held before the State Committee for the Reorganization of School Districts, the date, time and place of the hearing, and state a description of the current and proposed boundaries of the reorganized districts in the statement as to where interested persons may view the proposed plan. The notice shall identify that it is being submitted by the superintendent or other authorized official of the school district that has the responsibility of publication of a notice under Section 003.02E2A of this Rule. A sample notice is contained in Appendix B of this Rule.

003.02E3 The hearing shall be an informal proceeding. The State Committee shall hear all persons interested with respect to the aspects in Section 003.02A of this Rule. The State Committee may impose reasonable time limitations on the 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.

003.02E4 At the conclusion of any hearing, the State Committee may take the matter under advisement and issue its approval or disapproval of a plan within thirty (30) days after the conclusion of the hearing or hearings in accordance with Section 79-444 R.R.S. and Section 003.02C of this Rule.

003.02E5 At its discretion and as it deems necessary, at the conclusion of any hearing, the State Committee may require further hearings on a plan of reorganization. In such an event, the approval or disapproval of a plan of reorganization is not required until thirty (30) days after the conclusion of the final hearing.

003.03 Dissolution Petitions; Class II Districts

Section 79-452 R.R.S. provides that a proposal to dissolve a Class II school district and attach it to one or more existing Class II, III, IV, or V school districts may be initiated by filing with the State Committee a petition or petitions signed by at least twenty-five percent of the legal voters of the district, together with an affidavit from the county clerk or election commissioner listing all legal voters of the district and a determination by the county clerk or election commissioner that the signatures are sufficient.

003.03A The petition shall contain a plan of the proposed reorganization, an effective date, and a statement whether any existing bonded indebtedness shall remain on the property of the district which incurred it or be assumed by the enlarged district. The petition may also contain provisions for the holding of school within existing buildings in the proposed reorganized district, and when so provided, the holding of school within such buildings shall be maintained from the date of reorganization unless either the legal voters served by the school or the school board of the reorganized district votes by a majority vote for discontinuance of the school. In case of conflicting votes between the legal voters and the school board on such issue, the decision of the legal voters shall prevail. A signing petitioner shall not be permitted to withdraw his or her name from the petition after the petition has been filed. The school board of each Class II, III, IV, or V district to which the merger is proposed shall also submit to the State Committee a statement to the effect that a majority of the board members approve the proposal contained in the petition.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.