Nebraska § 79-104 Classification of school districts; change; Commissioner of Education; duties

Nebraska Statutes

§ 79-104 — Classification of school districts; change; Commissioner of Education; duties

Nebraska § 79-104

Ch. 79Schools

This text of Nebraska § 79-104 (Classification of school districts; change; Commissioner of Education; duties) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 79-104 (2026).

Text

(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

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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.

Legislative History

Source: Laws 1949, c. 256, § 6, p. 692; Laws 1971, LB 212, § 2; Laws 1981, LB 446, § 34; R.S.1943, (1994), § 79-106; Laws 1996, LB 900, § 4; Laws 1997, LB 345, § 7; Laws 2018, LB377, § 11; Laws 2024, LB1329, § 10. Annotations: There is no mandatory change to a lesser-numbered school district as a result of a decrease in population. Quiring v. School Dist. No. 91 of Hamilton and York Counties, 205 Neb. 9, 285 N.W.2d 834 (1979).