(1) The State Committee for the Reorganization of School Districts created under section 79-435 may create a new school district from other districts or change the boundaries of any district that is not a member of a learning community upon receipt of petitions signed by sixty percent of the legal voters of each district affected. If the petitions contain signatures of at least sixty-five percent of the legal voters of each district affected, the state committee shall approve the petitions.
(2) Petitions proposing to change the boundaries of existing school districts that are not members of a learning community through the transfer of a parcel of land, not to exceed six hundred forty acres, shall be approved by the state committee when the petitions involve the transfer of land between Class I, II, III, or IV school districts or when there would be an exchange of parcels of land between Class I, II, III, or IV school districts and the petitions have the approval of at least sixty-five percent of the school board of each affected district.
(3)(a) Petitions proposing to create a new school district or to change the boundary lines of existing school districts that are not members of a learning community, any of which involves the transfer of more than six hundred forty acres, shall, when signed by at least sixty percent of the legal voters in each district affected, be submitted to the state committee. The state committee shall, within forty days after receipt of the petition, hold one or more public hearings and review and approve or disapprove such proposal.
(b) If there is a bond election to be held in conjunction with the petition, the state committee shall hold the petition until the bond election has been held, during which time names may be added to or withdrawn from the petitions. The results of the bond election shall be certified to the state committee.
(c) If the bond election held in conjunction with the petition is unsuccessful, no further action on the petition is required. If the bond election is successful, within fifteen days after receipt of the certification of the bond election results, the state committee shall approve the petition and notify the county clerk to effect the changes in district boundary lines as set forth in the petitions.
(4) Any person adversely affected by the changes made by the state committee may appeal to the district court of any county in which the real estate or any part thereof involved in the dispute is located. If the real estate is located in more than one county, the court in which an appeal is first perfected shall obtain jurisdiction to the exclusion of any subsequent appeal.
(5) A signing petitioner may withdraw his or her name from a petition and a legal voter may add his or her name to a petition at any time prior to the end of the period when the petition is held by the state committee. Additions and withdrawals of signatures shall be by notarized affidavit filed with the state committee.
Notes of Decisions
Nicholson v. Red Willow Cnty. Sch. Dist. No. 0170, 699 N.W.2d 25 (Neb. 2005).
· cites it 20× “We begin with a review of current Nebraska law governing school reorganizations. School District Reorganization Methods There are two methods available to accomplish a school district reorganization: the petition method and the election method.”
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
· cites it 7× “ere]] *1048 [[Image here]] OPTIONS AVAILABLE TO THE SCHOOL BOARDS WHERE PLAINTIFFS HAWKINS, WONDERCHECK, NICHOLLS, AND KAPPAS RESIDE APPENDIX B [[Image here]] *1049 OPTIONS AVAILABLE TO PLAINTIFF SIMMONS APPENDIX C Could initiate and participate in a voter petition to dissolve…”
State ex rel. Fick v. Miller, 584 N.W.2d 809 (Neb. 1998).
· cites it 3× “1992) (current version at Neb. Rev. Stat. § 79-413 et seq. (Reissue 1996 & Supp.”
Cumming v. Red Willow Sch. Dist. No. 179, 730 N.W.2d 794 (Neb. 2007).
· cites it 4× “Section 79-422(1) provided in part: “Bonded indebtedness approved by legal voters *487 prior to any change in school district boundary lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in…”
Butler Cty. Sch. Dist. v. Freeholder, No. S-13-123 (Neb. Nov. 8, 2013).
· cites it 3× “East Butler and the Prague District utilized the latter petition method to initiate the merger and reorganization proceedings under discussion.”
Cumming v. Red Willow Sch. Dist., 730 N.W.2d 794 (Neb. 2007).
· cites it 4× “Section 79-422(1) provided in part: "Bonded indebtedness approved by legal voters prior to any change in school district boundary *797 lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in…”
Neb. Rev. Stat. § 79-413(1): 2 cases
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
“ere]] *1048 [[Image here]] OPTIONS AVAILABLE TO THE SCHOOL BOARDS WHERE PLAINTIFFS HAWKINS, WONDERCHECK, NICHOLLS, AND KAPPAS RESIDE APPENDIX B [[Image here]] *1049 OPTIONS AVAILABLE TO PLAINTIFF SIMMONS APPENDIX C Could initiate and participate in a voter petition to dissolve…”
Nicholson v. Red Willow Cnty. Sch. Dist. No. 0170, 699 N.W.2d 25 (Neb. 2005).
“We begin with a review of current Nebraska law governing school reorganizations. School District Reorganization Methods There are two methods available to accomplish a school district reorganization: the petition method and the election method.”
Neb. Rev. Stat. § 79-413(2)(a): 1 case
Hawkins v. Johanns, 88 F. Supp. 2d 1027 (D. Neb. 2000).
“ere]] *1048 [[Image here]] OPTIONS AVAILABLE TO THE SCHOOL BOARDS WHERE PLAINTIFFS HAWKINS, WONDERCHECK, NICHOLLS, AND KAPPAS RESIDE APPENDIX B [[Image here]] *1049 OPTIONS AVAILABLE TO PLAINTIFF SIMMONS APPENDIX C Could initiate and participate in a voter petition to dissolve…”
Neb. Rev. Stat. § 79-413(3)(a): 1 case
Nicholson v. Red Willow Cnty. Sch. Dist. No. 0170, 699 N.W.2d 25 (Neb. 2005).
“We begin with a review of current Nebraska law governing school reorganizations. School District Reorganization Methods There are two methods available to accomplish a school district reorganization: the petition method and the election method.”
Neb. Rev. Stat. § 79-413(4): 3 cases
Nicholson v. Red Willow Cnty. Sch. Dist. No. 0170, 699 N.W.2d 25 (Neb. 2005).
“We begin with a review of current Nebraska law governing school reorganizations. School District Reorganization Methods There are two methods available to accomplish a school district reorganization: the petition method and the election method.”
Cumming v. Red Willow Sch. Dist. No. 179, 730 N.W.2d 794 (Neb. 2007).
“Section 79-422(1) provided in part: “Bonded indebtedness approved by legal voters *487 prior to any change in school district boundary lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in…”
Cumming v. Red Willow Sch. Dist., 730 N.W.2d 794 (Neb. 2007).
“Section 79-422(1) provided in part: "Bonded indebtedness approved by legal voters prior to any change in school district boundary *797 lines pursuant to sections 79-413 to 79-421 shall remain the obligation of the school district voting such bonds unless otherwise specified in…”
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