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

Universal Citation: 92 NE Admin Rules and Regs ch 85 ยง 003

Current through March 20, 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.

003.02 Submission and Service of Petition

003.02A The petition and all attachments and exhibits shall be filed on 8 1/2 x 11 inch white paper with the Office of the Commissioner of Education at 301 Centennial Mall South, Sixth Floor, Lincoln, NE 68509, by mail or in person during normal business hours of the Department.

003.02B The petitioner(s) shall serve a copy of the petition on each affected district which is not a petitioner and affected ESU which is not a petitioner by certified mail, return receipt requested. The petitioners shall file proof of completion of such service with the Commissioner's Office by filing a returned copy of the receipt. A certificate of service shall be filed with the petition, a sample of which is included in Appendix A.

003.03 Notice of Hearing

003.03A Following the filing of a petition, the petitioner(s) shall secure a hearing date and location from the hearing officer appointed by the Commissioner. At least ten (10) days prior to such hearing date, the petitioner(s) shall cause a notice of the filing of the petition and hearing thereon to be published in a newspaper of general circulation in the community in which the main administrative offices are located for each affected ESU, or in a newspaper with statewide circulation. A sample notice is included in Appendix C. Prior to the hearing, the petitioner shall file a copy of such notice(s) and an affidavit of publication prepared by the newspaper(s) with the hearing officer. Such notice(s) must designate the specific ESU(s) and district(s) affected and summarize the proposed change in boundaries.

003.03B At least ten (10) days prior to the hearing the petitioner shall mail a copy of a notice of the time and place of hearing to all affected districts and ESUs by certified mail, return receipt requested, and file copies of the return receipts with the hearing officer. A sample notice is included in Appendix B.

003.04 Format for Subsequent Filings

All responses, or other pleadings or documents filed with the hearing officer shall be typewritten on 8 1/2 x 11 inch white paper. Copies shall be served on all ffected districts and ESUs by regular mail, postage prepaid, and a certificate of such service attached. A sample of such certificate is included in Appendix B. All exhibits or other documents that cannot be typewritten shall be reduced to 8 1/2 x 11 inch size, if possible.

003.05 Response

Prior to the hearing, any affected district or ESU may file a response with the hearing officer. Such response shall:

003.05A Contain the same type of heading as required for petitions, except that it shall contain the word "Response";

003.05B Be limited to the issue of whether the petitioner(s) meet(s) the statutory requirements for such petition(s) and to any irregularities, inaccuracies, or misrepresentations contained in said petition and its attachments;

003.05C Specifically address the reasons for or against the proposed reorganization, addressing the grounds as required in 003.01G;

003.05D Specifically admit or deny each material allegation of the petition.

003.05E A copy of the response shall be served on all petitioners, affected districts, and affected ESUs by regular first class mail, postage prepaid, and a certificate of service affixed to the response, a sample of which is contained in Appendix D to this chapter.

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