2009 Nebraska Code
Chapter 79 SCHOOLS
79-431 Affiliation; districts subject to dissolution; merger authorized; state committee; duties; districts which become Class I districts and dissolved districts; actions required.

79-431. Affiliation; districts subject to dissolution; merger authorized; state committee; duties; districts which become Class I districts and dissolved districts; actions required.

(1) Any Class I school district which is part of a Class VI district or districts or any Class I district or portion thereof which is affiliated or affiliated in part and also part of a Class VI district or districts and which (a) becomes subject to dissolution pursuant to section 79-470, 79-498, or 79-598 or (b) otherwise dissolves, unless otherwise prescribed in the affiliation petition, shall be merged with another affiliated Class I district, be merged with a Class II, III, IV, or V district, or be merged with a Class I district which is part of a Class VI district or districts. Any such district or portion thereof which fails to comply with this subsection shall be dissolved and attached to an existing Class II, III, IV, or V district by the State Committee for the Reorganization of School Districts under section 79-498. Any such district or portion thereof which was affiliated shall retain its original affiliation, and any portion of such district which was part of a Class VI district shall remain part of such Class VI district. Any school district which fails to comply with the provisions of subsection (1) of section 79-402 shall be dissolved by the state committee and attached to an existing Class II, III, IV, or V district.

(2) A Class II, III, IV, or V district which becomes a Class I district pursuant to section 79-472 or any other state law shall merge with a Class II, III, IV, or V district, affiliate with one or more Class II, III, IV, or V districts, become part of one or more Class VI districts, or affiliate in part with one or more Class II, III, IV, or V districts and in part become part of one or more Class VI districts.

(3) If an affiliated Class II, III, IV, or V district dissolves, unless otherwise stated in the affiliation petition, any portions of a Class I district that are affiliated with such district may affiliate with another Class II, III, IV, or V district, merge with any Class I, II, III, IV, or V district, or become part of a Class VI district.

(4) If a Class VI district dissolves, any Class I district or portions thereof which are part of such district may affiliate with a Class II, III, IV, or V district, merge with any Class I, II, III, IV, or V district, or become part of another Class VI district.

Source

Laws 1990, LB 259, § 28;
Laws 1991, LB 511, § 21;
Laws 1992, LB 245, § 26;
Laws 1992, LB 1001, § 12;
R.S.1943, (1994), § 79-402.20;
Laws 1996, LB 900, § 180;
Laws 1997, LB 347, § 9;
Laws 1997, LB 806, § 10;
Laws 1999, LB 272, § 40;
Laws 2005, LB 126, § 57;
Referendum 2006, No. 422.

Annotations This section provides only one express way for school districts to become unaffiliated, which is the dissolution of one of the districts. State ex rel. Fick v. Miller, 255 Neb. 387, 584 N.W.2d 809 (1998).