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 92-83-005 - Mandatory Boundary Changes

Universal Citation: 92 NE Admin Rules and Regs ch 83 ยง 005

Current through March 20, 2024

005.01 Land Not in a District

The State Committee will, upon notification by local, county and state officials, dissolve and attach school districts to other school districts when the following conditions occur:

005.01A 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. 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.

005.01B 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.

005.01C 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.

005.02 Contracting with a Class II-V District for Instruction of Pupils; Dissolution; When Required

The State Committee 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 II, III, IV or V school district. Before dissolving such district, the State Committee shall fix a time for a hearing and shall notify each legal resident of the district at least fifteen days before such hearing. When the dissolution will create extreme hardships on the pupils of the district affected, the State Board of Education may, on application by the school board of the district, annually waive the requirements of this section. Notification shall be by mail or by publication in a newspaper of general circulation in the area.

005.03 Dissolution of Depopulated Districts

When, for a period of one school term, a school district (1) has less than three legal voters residing in the district or (2)(a) fails to maintain a public elementary school within the district in which are enrolled and in regular attendance for at least one thousand thirty two hours one or more pupils of school age residing in the district, other than option students as defined in Section 79-233 R.R.S., or (b) does not contract for the tuition and transportation of pupils of such district with another district or districts and have pupils attending school regularly for at least one thousand thirty-two hours under such contract or contracts, the State Committee shall dissolve such district and attach the territory of such district to one or more neighboring school districts. Before dissolving such district, the State Committee shall fix a time for a hearing and shall notify each legal resident of the district at least fifteen days before such hearing. Notification shall be by mail or by publication in a newspaper of general circulation in the area.

005.03A If the State Committee finds that the district is required by this section to be dissolved, it shall enter an order dissolving the district and directing the county clerk of the county in which such district is located to attach the territory of such district to one or more neighboring school districts. Appeals from the action of the State Committee may be made to the district court of the county in which the depopulated district is located. The county treasurer shall distribute the assets of the closed district among the other district or districts to which the property has been attached in proportion to the taxable valuation of the property attached to such district or districts.

005.04 Class II or III District; Membership Requirements and Cooperative Programs and Plans

If the fall school district membership or the average daily membership of an existing Class II or III school district shows less than thirty-five students in grades nine through twelve, the district shall submit a plan for developing cooperative programs with other high schools, including the sharing of curriculum and certificated and non certificated staff, to the State Committee for the Reorganization of School districts. The cooperative program plan shall be submitted by the school district by September 1 of the year following such fall school district membership or average daily membership report. A cooperative program plan shall not be required if there is no high school within fifteen miles from such district on a reasonably improved highway. The State Committee shall review the plan and provide advice and communication to such school district and other high schools.

005.05 Class II or III District; Depopulated or Contracting for Educational Services; Reclassification

If for two consecutive years the fall school district membership, or for two consecutive years the average daily membership, of an existing Class II or III school district is less than twenty-five pupils in grades nine through twelve or if for one year an existing Class II or III school district contracts with a neighboring school district or districts to provide educational services for all of its pupils in grades nine through twelve, such school district shall merge with a Class II, III, IV, or V school district through the order of the State Committee if the high school is within fifteen miles on a reasonable improved highway of another high school.

This section does not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.

005.06 Class II or III District; Contracting for Educational Services; Reclassification

Any Class II or III school district maintaining a four-year high school which has a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve may contract with another school district to provide educational services for its pupils in grades nine through twelve. Such contract may continue for a period not to exceed one year. At the end of such one-year period, the school district may resume educational services for grades nine through twelve if the average daily membership in grades nine through twelve for such school district has reached at least fifty students. If the school district has not achieved such fall school district membership or average daily membership, it shall merge with a Class II, III, IV, or V school district by order of the State Committee entered after thirty days notice to the district but without a hearing, notwithstanding the distance on a reasonably improved highway to the nearest school district conducting a high school.

005.07 Class II or III Districts Maintaining the Only Public High School in the County

Any Class II or III school district maintaining the only public high school in the county may continue to operate the high school with a fall school district membership or an average daily membership of less than twenty-five students in grades nine through twelve if the following two requirements are met:

(a) the plan submitted pursuant to Section 005.04 of this Chapter provides a broad-based curriculum determined by the state committee; and

(b) at a districtwide election held the second Tuesday of November by whatever means the county conducts balloting, in the second consecutive school year that the fall school district membership for grades nine through twelve is less than twenty-five students and for each succeeding school year unless such membership is at least thirty-five students for such school year, a majority of voters approve a ballot issue to continue to operate the high school for the immediately following school year.

If such ballot issue fails, the state committee shall dissolve the school district and attach the territory to other school districts based on the preferences of each landowner if such preference is provided in the time and manner required by the state committee and would transfer such parcels to a school district with a boundary contiguous to the school district being dissolved. Landowners submitting such preferences shall sign a statement that the district of preference is the district which children who might reside on the property, at the time of the dissolution or in the future, would be expected to attend. For property for which a preference is not provided in the time and manner required by the state committee, the state committee shall transfer such property to one or more of the school districts with boundaries contiguous to the district being dissolved in a manner that will best serve children who might reside on such property, at the time of the dissolution or in the future, and that will, to the extent possible, create compact and contiguous districts.

This section shall not apply to any district if the fall school district membership or an average daily membership falls to less than fifteen students in grades nine through twelve.

005.08 Calculation of Fall District Membership

For purposes of Sections 005.06 through 005.08 of this Rule, when calculating fall school district membership or average daily membership, a resident school district shall not count students attending an option district and a Class II or III school district shall not count foreign exchange students and nonresident students who are wards of the court or state.

005.09 Contracting for Educational Services and Mandatory Dissolution

The State Committee shall dissolve and attach to a neighboring district or districts any school district which, for five consecutive years, contracts for the instruction of its pupils, except that when such dissolution will create extreme hardships on the pupils or the district affected, the State Board of Education may, on application by the school board of the district, waive the requirements of this subsection.

005.10 Districts That Have Contracted for the Instruction of Pupils for Two or More Consecutive Years; Requirements Before Reopening

School districts that have contracted for instruction for two or more consecutive years shall, before reopening the schoolhouse within the district, have an enrollment of at least five pupils whose parents or legal guardians are legal voters of the school district and shall apply to the State Committee for approval to reopen that schoolhouse for school use. The State Committee or its designee shall, before granting that approval, personally inspect the school building and toilets and approve them as being safe, clean, and sanitary. The State Committee or its designee shall also inspect the supplies, equipment, and furnishings and approve them as being adequate for proper instruction.

005.11 Other Situations in Which the State Committee may Dissolve a District

The State Committee may dissolve any district:

(a) failing to comply with the contracting requirements of Section 79-598 R.R.S.,

(b) in which the votes cast at an annual or special election on the question of contracting with a neighboring district are evenly divided, or

(c) in which the governing body of the district is evenly divided in its vote on the question of contracting pursuant to Section 79-598(2) R.R.S..

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