Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 85 - ESU BOUNDARY CHANGE PETITIONS
Appendix A - Sample Petition Form
BEFORE THE STATE BOARD OF EDUCATION STATE OF NEBRASKA
IN THE MATTER OF THE EDUCATIONAL )
SERVICE UNIT BOUNDARY CHANGE )
PETITION OF )
) CASE NO. (Leave Blank)
_________________)
(Names of initiating ESUs ) and/or school districts) )
) PETITION
____________________)
Addresses )
)
_________________, )
)
Petitioner(s). )
Petitioner(s), in accordance with Sections 79-1207 through 79-1209 R.R.S., and Title 92 Chapter 85, of the Nebraska Administrative Code, state(s) and allege(s) as follows:
1. (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 district(s) are/is 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.)
2. (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 are located, and the class of each district.)
3. (Specifically state which boundary changes are sought, which shall include one or more of the following:
a. A transfer of a school district or districts from one established ESU to another established ESU;
b. A withdrawal from an established ESU by two or more school districts to form a new ESU;
c. An addition of a school district or districts which are not part of an ESU to an established or new ESU; and/or
d. A withdrawal from a new or established ESU by two or more districts to form a new educational service unit. 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.)
4. (Contain a description of the current and proposed boundaries, and shall include as an attachment a map or maps clearly showing the current and proposed boundaries of the affected districts and ESUs.)
5. (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:
a. The educational needs of students in the affected school districts and the affected educational service units;
b. The economic viability of the proposal as it relates to affected established educational service units or affected proposed educational service units;
c. Any community of interest among affected school districts and affected educational service units;
d. Geographic proximity as such would affect the ability of affected educational service units to deliver service in a cost-effective manner; and,
e. 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.)
6. (Contain as an attachment a plan for the provision of services to districts affected by the reorganization plan.)
7. (In cases when the petition proposes dissolution of an entire ESU 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:
a. Provision for the utilization of existing facilities, equipment, and materials; and,
b. Provision for the disposition of assets and any unbonded indebtedness of affected ESUs.)
WHEREFORE, Petitioner requests that the State Board of Education, after public hearing, approve (reject) this petition.
Dated this________day of_______________,_______.
_______________________
(If attorney for petitioner, list address)
VERIFICATION
State of Nebraska )
) ss
County of_____________ )
I, (name of representative of petitioner), being first duly sworn under oath, state that I have read the contents of the petition and that to the best of my knowledge, information, and belief such contents are true.
____________________
(Signature and Title)
Subscribed and sworn before me this_____day of______________,_______, by (name of petitioner's representative).
(SEAL)
________________________
Notary Public
CERTIFICATE OF SERVICE
I hereby certify that a copy of the above Petition, including a copy of any exhibits cited therein, was mailed to the following school districts, and ESUs by certified mail, return receipt requested, this____day of__________,_____, and a copy of the receipt(s) will be filed with the Office of the Commissioner.
_____________________________________
(Signature of Petitioner or Representative)
___________________________ ____________________________
___________________________ ____________________________
___________________________ ____________________________
