State Codes and Statutes
Statutes > Nebraska > Chapter79 > 79-59879-598. Pupils; instructionin another district; contracts authorized; contents; cost per pupil; determination;transportation; attendance reports; noncompliance penalties; dissolution ofdistrict.(1) The school board ofany public school district in this state, when authorized by a majority ofthe votes cast at any annual or special meeting, shall (a) contract with theboard of any neighboring public school district or districts for the instructionof all or any part of the pupils residing in the first named district in theschool or schools maintained by the neighboring public school district ordistricts for a period of time not to exceed two yearsand (b) make provision for the transportation of such pupils to the schoolor schools of the neighboring public school district or districts.(2) The school board of any public school district may also,when petitioned to do so by at least two-thirds of the parents residing inthe district having children of school age who will attend school under thecontract plan, (a) contract with the board of any neighboring public schooldistrict or districts for the instruction of all or any part of the pupilsresiding in the first named district in the school or schools maintained bythe neighboring public school district or districts for a period of time notto exceed two years and (b) make provisionfor the transportation of such pupils to the school or schools of the neighboringpublic school district or districts.(3) The contract price for instruction referred to in subsections(1) and (2) of this section shall be the cost per pupil for the immediatelypreceding school year or the current year, whichever appears more practicalas determined by the board of the district which accepts the pupils for instruction.The cost per pupil shall be determined by dividing the sum of the operationalcost and debt service expense of the accepting district, except retirementof debt principal, plus three percent of the insurable or present value ofthe school plant and equipment of the accepting district, by the average dailymembership of pupils in the accepting district. Payment of the contract priceshall be made in equal installments at the beginning of the first and secondsemesters.(4) All the contracts referred to in subsections (1) and(2) of this section shall be in writing, and copies of all such contractsshall be filed in the office of the superintendent of the primary high schooldistrict on or before August 15 of each year. School districts thus providinginstruction for their children in neighboring districts shall be consideredas maintaining a school as required by law. The teacher of the school providingthe instruction shall keep a separate record of the attendance of all pupilsfrom the first named district and make a separate report to the secretaryof that district. The board of every sending district contracting under thissection shall enter into contracts with school districts of the choice ofthe parents of the children to be educated under the contract plan. Any schooldistrict failing to comply with this section shall not be paid any funds fromthe state apportionment of school funds while such violation continues.(5) The State Committee for the Reorganization of SchoolDistricts may dissolve any district (a) failing to comply with this section,(b) in which the votes cast at an annual or special election on the questionof contracting with a neighboring district are evenly divided, or (c) in whichthe governing body of the district is evenly divided in its vote on the questionof contracting pursuant to subsection (2) of this section. The state committeeshall dissolve and attach to a neighboring district or districts any schooldistrict which, for two consecutive years, contractsfor the instruction of its pupils, except that when such dissolution willcreate extreme hardships on the pupils or the district affected, the StateBoard of Education may, on application by the school board of the district,waive the requirements of this subsection. The dissolution of any school districtpursuant to this section shall be effected in the manner prescribed in section 79-498. SourceLaws 1897, c. 64, § 1, p. 311; R.S.1913, § 6944; C.S.1922, § 6526; C.S.1929, § 79-2103; R.S.1943, § 79-2112; Laws 1945, c. 212, § 1, p. 625; Laws 1947, c. 287, § 1, p. 896; Laws 1949, c. 256, § 124, p. 733; Laws 1951, c. 280, § 1, p. 944; Laws 1953, c. 291, § 5, p. 990; Laws 1953, c. 298, § 2, p. 1006; Laws 1955, c. 313, § 1, p. 966; Laws 1955, c. 314, § 1, p. 968; Laws 1955, c. 315, § 8, p. 977; Laws 1959, c. 393, § 1, p. 1349; Laws 1959, c. 386, § 2, p. 1337; Laws 1961, c. 401, § 1, p. 1215; Laws 1965, c. 521, § 1, p. 1647; Laws 1967, c. 535, § 1, p. 1770; Laws 1967, c. 536, § 1, p. 1773; Laws 1969, c. 709, § 3, p. 2724; Laws 1971, LB 292, § 10; Laws 1989, LB 30, § 4; Laws 1989, LB 487, § 4; R.S.1943, (1994), § 79-486; Laws 1996, LB 900, § 351; Laws 1999, LB 272, § 82; Laws 2003, LB 67, § 9; Laws 2009, LB549, § 22. Cross ReferencesContract for instruction relative to certain mergers and dissolutions, see section 79-470.Depopulated districts, provisions for contracting, see section 79-499.Expense of opposing dissolution order under this section, see section 79-471. AnnotationsBoard of education had power to provide for bussing, but duty to do so was not imposed and mandamus not warranted. Connot v. Monroe, 193 Neb. 453, 227 N.W.2d 827 (1975).School district cannot be dissolved hereunder until full fifth year instruction as contracted for has elapsed. Nelson v. Robertson, 187 Neb. 192, 188 N.W.2d 720 (1971).Funds received and expended by the high school districts from state and federal aid are, until the Legislature otherwise decrees, part of the per pupil cost. Werth v. Buffalo County Board of Equalization, 187 Neb. 119, 188 N.W.2d 442 (1971).This section permits computation of per pupil cost and is intended to avoid a flat rate which might be more or less than compensatory for nonresident student tuition. Mann v. Wayne County Board of Equalization, 186 Neb. 752, 186 N.W.2d 729 (1971).Where school has not yet been held in district for more than five years, district may be dissolved. Board of Education v. Winne, 177 Neb. 431, 129 N.W.2d 255 (1964).The waiver of the requirements of subsection (4) of this section is required to be made by the State Board of Education. Bierman v. Campbell, 175 Neb. 877, 124 N.W.2d 918 (1963).Requirement of favorable vote is a condition precedent to establishment of contract. Farrell v. School Dist. No. 54 of Lincoln County, 164 Neb. 853, 84 N.W.2d 126 (1957).Contracts for instruction between districts must be in writing. George v. School Dist. No. 24 of Red Willow County, 157 Neb. 791, 61 N.W.2d 401 (1953).Construed in connection with Blanket Mill Tax Levy Act. Peterson v. Hancock, 155 Neb. 801, 54 N.W.2d 85 (1952).Authorization by a majority of the votes cast at an annual or special election is necessary to require school board to make provision for transportation. Bender v. Palmer, 154 Neb. 350, 48 N.W.2d 65 (1951).
