2006 Nebraska Revised Statutes - § 79-4,114 — State Committee for the Reorganization of School Districts; dissolution orders; statement of commitment; contents; effect.

Section 79-4,114
State Committee for the Reorganization of School Districts; dissolution orders; statement of commitment; contents; effect.

(1) Notwithstanding the provisions of any affiliation petition or plan entered into by Class I school districts prior to September 4, 2005, the State Committee for the Reorganization of School Districts shall issue orders, on or before December 1, 2005, which dissolve and attach the territory of each Class I school district, except as provided in section 79-4,113, to one or more Class II, III, IV, or VI school districts pursuant to one of the methods contained in subsection (3) of this section. To attach territory of a Class I district dissolved pursuant to this section to a Class VI district of which the territory is a part means to include the territory in the Class II or Class III school district formed from the Class VI school district pursuant to subsection (5) of this section.

(2) On or before October 1, 2005, each Class I school board may hold a public hearing regarding the dissolution of the Class I school district and its attachment to one or more Class II, III, IV, or VI school districts. On or before November 1, 2005, each Class I school board that held a hearing pursuant to this subsection may file with the State Committee for the Reorganization of School Districts a statement of commitment to attach all of the territory of the Class I district to one or more Class II, III, IV, or VI school districts. Valid statements of commitment shall:

(a) Specify the Class II, III, IV, and VI school districts to which the territory of the Class I school district will be attached and the territory to be attached to each specified school district; and

(b) Be approved by a majority of the members of the school boards of: (i) The Class I school district; (ii) all Class II, III, or IV school districts with which territory of the Class I school district is affiliated; (iii) all Class VI school districts of which territory of the Class I school district is a part; and (iv) all Class II, III, IV, or VI school districts which will receive territory from the Class I school district.

On or before September 10, 2005, the State Department of Education may prescribe the form and required contents for statements of commitment consistent with the requirements of this subsection.

(3) Orders issued pursuant to subsection (1) of this section shall dissolve each Class I school district and attach its territory as follows:

(a) If a valid statement of commitment was filed on or before November 1, 2005, the territory of the Class I school district shall be attached to one or more Class II, III, IV, or VI school districts according to the statement of commitment;

(b) If a valid statement of commitment was not filed on or before November 1, 2005, and the primary high school district for the Class I school district as designated for school year 2005-06 pursuant to section 79-1083.02 has a membership percentage of at least fifty percent as certified pursuant to subsection (4) of section 79-4,112 or there is not a high school district with a membership percentage above zero percent as certified pursuant to subsection (4) of section 79-4,112, the territory of the Class I school district shall be attached to the Class II, III, IV, or VI school district with which the territory is affiliated or of which it is a part; or

(c) If a valid statement of commitment was not filed on or before November 1, 2005, and the primary high school district for the Class I school district does not have a membership percentage of at least fifty percent as certified pursuant to subsection (4) of section 79-4,112:

(i) The territory of the Class I school district that is affiliated with or a part of a Class II, III, IV, or VI school district that has a membership percentage of at least twenty percent shall be attached to such Class II, III, IV, or VI school district; and

(ii) The territory of the Class I school district that is affiliated with or a part of a Class II, III, IV, or VI school district that has a membership percentage that is not at least twenty percent shall be attached to the Class II, III, IV, or VI school district which has the largest membership percentage for the Class I school district.

(4) Orders issued pursuant to subsection (1) of this section shall transfer all assets and liabilities of each Class I school district, except bonded indebtedness as provided in subsection (6) of this section, as follows:

(a) If the territory of the Class I school district is attached pursuant to subdivision (3)(a) of this section, the assets and liabilities of the Class I school district shall be transferred to the Class II, III, IV, or VI school district which will receive the largest percentage of the taxable valuation of the territory of the Class I school district;

(b) If the territory of the Class I school district is attached pursuant to subdivision (3)(b) of this section, the assets and liabilities of the Class I school district shall be transferred to the primary high school district as designated for school fiscal year 2005-06 pursuant to section 79-1083.02; and

(c) If the territory of the Class I school district is attached pursuant to subdivision (3)(c) of this section, the assets and liabilities of the Class I school district shall be transferred to the Class II, III, IV, or VI school district with the largest membership percentage certified pursuant to subsection (4) of section 79-4,112.

(5) On or before December 1, 2005, the State Committee for the Reorganization of School Districts shall issue orders classifying each Class VI school district into a new Class II or Class III school district as defined in section 79-102. The territory of Class I school districts ordered to be attached to a Class VI school district pursuant to this section shall be attached to the new Class II or Class III school district created from such Class VI school district pursuant to this subsection. The existing school board members of each Class VI school district as of June 15, 2006, shall continue as the school board members for the new Class II or Class III school district created from such Class VI school district until their terms expire and their successors are elected and qualified.

(6) The territory obligated for the bonded indebtedness of any Class I, II, III, IV, or VI school district shall not change as a result of an order issued pursuant to this section.

(7) The effective date for all orders pursuant to this section shall be January 1, 2006, for determining residence for election purposes and June 15, 2006, for all other purposes.

(8) The State Committee for the Reorganization of School Districts shall not be required to conduct public hearings prior to issuing orders pursuant to this section.

Source:

Laws 2005, LB 126, § 3

~Revised Statutes Supplement, 2006