Nebraska Revised Statutes

Neb. Rev. Stat. § 79-104 (2026)

Classification of school districts; change; Commissioner of Education; duties

✓ current as of July 2026
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(1)(a) Whenever any Class I, II, III, or IV school district attains the number of inhabitants which requires its reclassification as a Class II, III, IV, or V school district, respectively, the Commissioner of Education shall reclassify such district as a district of the next higher class.

(b) Any reclassification pursuant to subdivision (1)(a) of this section shall become effective at the beginning of the next fiscal year after the order of the commissioner.

(2) On January 1, 2025, the commissioner shall reclassify any school district to the classification required by the changes made to section 79-102 by Laws 2024, LB1329, which reclassification shall be effective immediately.

(3) Within fifteen days after the reclassification of any school district pursuant to subsection (1) or (2) of this section, the commissioner shall notify the county clerk or election commissioner, of the county in which the greatest number of legal voters in the school district reside, of such change in classification and the effective date of such change.

Notes of Decisions
Cited in 2 cases, 1952–1968 · leading case: Fulk v. Sch. Dist. No. 8 of Lancaster Cnty., 53 N.W.2d 56 (Neb. 1952).
Fulk v. Sch. Dist. No. 8 of Lancaster Cnty., 53 N.W.2d 56 (Neb. 1952). “§ 79-104, R. R. S. 1943. The corporate status and the existing rights and liabilities of the district were not changed.”
State ex rel. Haschke v. Duesman, 163 N.W.2d 594 (Neb. 1968). · cites it 2× “692), which became section 79-104, R. R. S. 1943, and was repealed in 1965, provided as follows: “All officers of existing school districts shall retain their offices until the expiration of their respective terms.”
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