State Codes and Statutes
Statutes > Nebraska > Chapter79 > 79-4_10879-4,108. Unified system;interlocal agreement; contents; application; procedure; effect.(1) Unified system means two or more Class II or III school districtsparticipating in an interlocal agreement under the Interlocal CooperationAct with approval from the State Committee for the Reorganization of SchoolDistricts. The interlocal agreement may include Class I districts if the entirevaluation is included in the unified system. The interlocal agreement shallprovide:(a) For a minimum term of three school years;(b) That all propertytax and state aid resources shall be shared by the unified system;(c) That a board composed of school board members,with at least one school board member from each district, shall determinethe general fund levy, within the limitations placed on school districts andmultiple-district school systems pursuant to section 77-3442, to be appliedin all participating districts and shall determine the distribution of propertytax and state aid resources within the unified system. For purposes of section 77-3442, the multiple-district school system shall include all of the ClassI, II, and III districts participating in the unified system and the ClassI districts or portions thereof affiliated with any of the participating ClassII and III districts;(d) That certificatedstaff will be employees of the unified system. For any certificated staffemployed by the unified system, tenure and seniority as of the effective dateof the interlocal agreement shall be transferred to the unified system andtenure and seniority provisions shall continue in the unified system exceptas provided in sections 79-850 to 79-858. If a district withdraws from theunified system or if the interlocal agreement expires and is not renewed,certificated staff employed by a participating district immediately priorto the unification shall be reemployed by the original district and tenureand seniority as of the effective date of the withdrawal or expiration shallbe transferred to the original district. The certificated staff hired by theunified system but not employed by a participating district immediately priorto the unification shall be subject to the reduction-in-force policy of theunified system;(e) That the participatingdistricts shall pay obligations of theunified system pursuant to sections 79-850 to 79-858 on a pro rata basis basedon the adjusted valuations if a district withdraws from the unified systemor if the interlocal agreement expires and is not renewed; and(f) The permissible methodor methods for accomplishing the partial or complete termination of the interlocalagreement and for disposing of assets and liabilities upon such partial orcomplete termination.Additional provisions in the interlocal agreement shallbe determined by the participating districts and shall encourage cooperationwithin the unified system.(2) Application for unification shall be made to the state committee.The application shall contain a copy of the interlocal agreement signed bythe president of each participating school board. The state committee shallapprove or disapprove applications for unification within forty days afterreceipt of the application. If the interlocal agreement complies with subsection(1) of this section and all school boards of the participating districts haveapproved the interlocal agreement, the state committee shall approve the application.Unification agreements shall be effective on June 1 following approval fromthe state committee for status as a unified system or on the date specifiedin the interlocal agreement, except that the date shall be on or after June1 and on or before September 1 for a specified year. The board establishedin the interlocal agreement may begin meeting any time after the applicationhas been approved by the state committee.(3) Upon granting the application for unification, the State Departmentof Education shall recognize the unified system as a single Class II or IIIdistrict for state aid, budgeting, accreditation, enrollment of students,state programs, and reporting. Except as otherwiserequired by the department, the unified system shall submit a single reportdocument for each of the reports required of school districts pursuant toChapter 79 and shall submit a single budget document pursuant to the NebraskaBudget Act and sections 13-518 to 13-522. The class of district shall be thesame as the majority of participating districts, excluding Class I districts.If there are an equal number of Class II and Class III districts in the unifiedsystem, the unified system shall be recognized by the department as a ClassIII district.(4) The school districts participating in a unified system shall retaintheir separate identities for all purposes except those specified in thissection, and participation in a unified system shall not be considered a reorganization. SourceLaws 1998, LB 1219, § 9; Laws 1999, LB 813, § 10; Laws 2001, LB 797, § 12; Laws 2005, LB 126, § 38; Referendum 2006, No. 422; Laws 2008, LB988, § 5; Laws 2010, LB711, § 1; Laws 2010, LB1071, § 6.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB711, section 1, with LB1071, section 6, to reflect all amendments.Note: Changes made by LB711 became effective February 26, 2010. Changes made by LB1071 became operative July 15, 2010. Cross ReferencesInterlocal Cooperation Act, see section 13-801.Nebraska Budget Act, see section 13-501.
