2006 Nebraska Revised Statutes - § 79-4,116 — Elementary attendance center; close or change grade offerings; prohibited; when; temporary relocation of students; how construed.

Section 79-4,116
Elementary attendance center; close or change grade offerings; prohibited; when; temporary relocation of students; how construed.

Except as provided in section 79-4,113:

(1) The school board of any Class II, III, IV, or V school district shall not take action to close an elementary attendance center or to change the elementary grades offered at an elementary attendance center if:

(a) The closing of the elementary attendance center or the changing of the elementary grades offered at such elementary attendance center would cause at least one resident elementary student to reside more than twenty miles from the nearest elementary attendance center in the district on a route that would be actually and necessarily traveled from the student's residence to such elementary attendance center; and

(b) A parent or guardian of such student or child has notified the school board in writing of the distance from the residence to the nearest elementary attendance center as described in subdivision (1)(a) of this section and such written notification was received on or before May 1 of the school year preceding the first school year in which the elementary attendance center would be closed or the grades offered would be changed;

(2) The school board of any Class II, III, IV, or V school district shall not take action to close an elementary attendance center or to change the elementary grades offered at an elementary attendance center if:

(a) The fall membership of the elementary attendance center for the school year immediately preceding the first school year in which the elementary attendance center would be closed or the grades offered would be changed included at least ten students who were either resident students, students residing within the boundaries of a former Class I district that contained the elementary attendance center as such boundaries existed for school year 2005-06, or students who were in the fall membership of the elementary attendance center for school year 2005-06 if the elementary attendance center was in a Class I school district at such time; and

(b) Either:

(i) The elementary attendance center is at least ten miles on a route that would be actually and necessarily traveled from the closest elementary attendance center within the district;

(ii) The elementary attendance center is at least ten miles on a route that would be actually and necessarily traveled from the closest elementary attendance center within the district for which the fall membership for the immediately preceding school year included a total number of resident elementary students that was at least ten times the number of elementary grades offered at such elementary attendance center; or

(iii) The elementary attendance center is the only elementary attendance center located within the boundaries of an incorporated city or village;

(3) The school board of any Class II, III, IV, or V school district shall not take action to close an elementary attendance center or to change the elementary grades offered at an elementary attendance center without the approval of at least seventy-five percent of the school board of the Class II, III, IV, or V school district if:

(a) The fall membership of the elementary attendance center for the school year immediately preceding the first school year in which the elementary attendance center would be closed or the grades offered would be changed included at least ten students who were either resident students, students residing within the boundaries of a former Class I school district that contained the elementary attendance center as such boundaries existed for school year 2005-06, or students who were in the fall membership of the elementary attendance center for school year 2005-06 if the elementary attendance center was in a Class I school district at such time; and

(b) Either:

(i) The elementary attendance center is at least four miles but less than ten miles, on a route that would be actually and necessarily traveled, from the closest elementary attendance center within the district; or

(ii) The elementary attendance center is at least four miles but less than ten miles, on a route that would be actually and necessarily traveled, from the closest elementary attendance center within the district for which the fall membership for the immediately preceding school year included a total number of resident elementary students that was at least ten times the number of elementary grades offered at such elementary attendance center;

(4) Until the completion of the school year in which a kindergarten student from school year 2005-06 would complete the highest grade offered at the elementary attendance center if such student would progress through the grades at the normal rate, the school board of any Class II, III, IV, or V school district shall not take action to close an elementary attendance center or to change the elementary grades offered at an elementary attendance center if:

(a) The fall membership of the elementary attendance center for the school year immediately preceding the first school year in which the elementary attendance center would be closed or the grades offered would be changed included at least five students who were either resident students, students residing within the boundaries of a former Class I school district that contained the elementary attendance center as such boundaries existed for school year 2005-06, or students who were in the fall membership of the elementary attendance center for school year 2005-06 if the elementary attendance center was in a Class I school district at such time; and

(b) At least one resident student, student residing within the boundaries of a former Class I school district that contained the elementary attendance center as such boundaries existed for school year 2005-06, or student who was in the fall membership of the elementary attendance center for school year 2005-06 if the elementary attendance center was in a Class I school district at such time has registered to attend such elementary attendance center as of August 1 immediately preceding the beginning of the school year for which the elementary attendance center would be closed or the grades offered would be changed;

(5) Except when an elementary attendance center fails to meet the provisions of subdivision (4)(b) of this section, the school board of any Class II, III, IV, or V school district shall not take action to close an elementary attendance center or to change the elementary grades offered at an elementary attendance center unless public notice has been given that the school board is considering such action on or before January 1 of the school year preceding the first school year for which the elementary attendance center would be closed or the grades offered would be changed;

(6) The temporary relocation of some or all of the students to an alternate elementary attendance center for a period not to exceed two years shall not constitute the closing of an elementary attendance center or a change in the grades offered at such elementary attendance center. An alternate elementary attendance center pursuant to this subdivision shall not be subject to subdivision (1), (2), (3), or (4) of this section. The grades offered at the alternate elementary attendance center shall include any grade for which a student could enroll and receive education at the elementary attendance center for the specified school year; and

(7) For purposes of this section:

(a) Elementary attendance center means a building in which education was offered by a school district in one or more of the grades kindergarten through grade four;

(b) Resident elementary student means a student who will be attending school in an elementary grade in the school year in which the elementary attendance center would otherwise be closed or the grades offered would otherwise be changed and who resides within the boundaries of the school district which contains the elementary attendance center; and

(c) Resident student means a student who resides within the boundaries of the school district which contains the elementary attendance center.

Source:

Laws 2005, LB 126, § 40

~Revised Statutes Supplement, 2006