State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-452

79-452. Dissolution of Class I or II school district; petition; sufficient signatures; effect; plan of reorganization.A proposal to dissolve a Class I or II school district, except a Class I school district which is partly or wholly within a Class VI school district, and attach it to one or more existing Class II, III, or IV school districts that are not members of a learning community may be initiated by filing with the State Committee for the Reorganization of School Districts 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. 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, or IV 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. SourceLaws 1965, c. 510, § 1, p. 1629; Laws 1967, c. 530, § 1, p. 1761; Laws 1967, c. 531, § 1, p. 1764; Laws 1985, LB 662, § 29; R.S.1943, (1994), § 79-426.23; Laws 1996, LB 900, § 201; Laws 1999, LB 272, § 54; Laws 2005, LB 126, § 30; Laws 2006, LB 1024, § 42; Referendum 2006, No. 422.AnnotationsPlan for voluntary merger of school districts ceases to be available when provisions for mandatory dissolution of district are applicable and have been invoked. Nelson v. Robertson, 187 Neb. 192, 188 N.W.2d 720 (1971).The 1965 amendment of section independent of other statutes relating to same subject. Hall v. Simpson, 184 Neb. 762, 171 N.W.2d 805 (1969).