Nebraska Revised Statute 79-472

Chapter 79 Section 472

79-472.

Class II school district; discontinue high school; affiliation; vote; Class I school district; board; election.

(1)(a) If a Class II school district, by a vote of fifty-five percent of the legal voters voting at a special meeting, decides to discontinue and close the high school, the school district shall become an affiliated Class I school district on the date designated by such legal voters. Affiliation shall be accomplished pursuant to sections 79-413 to 79-427. At such meeting a decision shall be made as to when the new school board shall be elected and whether the board shall consist of three members or six members. No new Class I school district shall establish a six-member board unless the school district contains a minimum of one hundred fifty children who are five through twenty years of age. The school board of the existing Class II school district shall remain in office until the effective date for the formation of the new Class I school district.

(b) If the new school board is to consist of three members, such members shall be elected at the time of the vote to change from a Class II school district to a Class I school district or at a special meeting held not less than thirty days prior to the effective date of the change from a Class II school district to a Class I school district. At the special meeting, a treasurer shall be elected for a term of one year, a secretary for a term of two years, and a president for a term of three years, and their successors shall be elected for terms of three years each. All officers so elected shall hold their offices until successors are elected and qualified. After such change becomes effective, the school district and its officers shall have the powers of and be governed by the provisions of law applicable to Class I school districts.

(c) If the new school board is to consist of six members, such members shall be elected after the vote to change from a Class II school district to a Class I school district. The procedure for electing board members shall be as prescribed in section 32-541 or as prescribed in subsection (3) of section 79-565, except that such election may be held at any annual school meeting or at a special school meeting called for the purpose of electing school district officers.

(2) No school district may change from Class I to Class II unless that school district has an enrollment of not less than one hundred pupils in grades nine through twelve. This subsection shall not apply to any school district located on an Indian reservation and substantially or totally financed by the federal government.

Source

  • Laws 1881, c. 78, subdivision VI, § 1, p. 355;
  • Laws 1885, c. 79, § 1, p. 325;
  • Laws 1889, c. 78, § 16, p. 550;
  • R.S.1913, § 6798;
  • Laws 1917, c. 120, § 1, p. 295;
  • Laws 1921, c. 79, § 1, p. 287;
  • C.S.1922, § 6339;
  • C.S.1929, § 79-601;
  • R.S.1943, § 79-601;
  • Laws 1945, c. 204, § 1, p. 615;
  • Laws 1949, c. 256, § 230, p. 766;
  • Laws 1953, c. 302, § 1, p. 1014;
  • Laws 1959, c. 403, § 1, p. 1364;
  • Laws 1969, c. 257, § 41, p. 953;
  • Laws 1972, LB 661, § 84;
  • Laws 1977, LB 430, § 2;
  • Laws 1978, LB 872, § 1;
  • Laws 1984, LB 942, § 2;
  • Laws 1985, LB 662, § 34;
  • Laws 1989, LB 183, § 20;
  • Laws 1990, LB 1037, § 1;
  • Laws 1990, LB 1090, § 15;
  • Laws 1991, LB 511, § 54;
  • Laws 1992, LB 245, § 60;
  • Laws 1994, LB 76, § 599;
  • Laws 1996, LB 604, § 7;
  • R.S.1943, (1994), § 79-701;
  • Laws 1996, LB 900, § 221;
  • Laws 1997, LB 345, § 15;
  • Laws 1999, LB 813, § 7;
  • Laws 2005, LB 126, § 57;
  • Referendum 2006, No. 422.

Cross References

  • Creation of Class II school district from a Class I school district, see section 79-406.
  • For qualifications of school board members, see section 79-543.
  • Vacancies, see section 79-545.

Annotations

  • Officers of Class II district are president, secretary, and treasurer. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).

  • Under former statute, an article 6 school could be organized if it contained more than 150 children between the ages of 5 and 21 years. Griggs v. School District No. 76 of Wayne County, 152 Neb. 282, 40 N.W.2d 859 (1950).

  • Under former act, section had no reference to proceedings to be had at first meeting of newly organized districts and did not prohibit such districts from choosing between two forms of school government at organization meeting. State ex rel. Davis v. Clarke, 108 Neb. 638, 188 N.W. 472 (1922).

  • Under former law, term of old board expires on second Monday of July following. State ex rel. Upton v. Weatherby, 17 Neb. 553, 23 N.W. 512 (1885).