Nebraska Revised Statute 79-104
Classification of school districts; change; Commissioner of Education; duties.
(1)(a) Whenever any Class III or IV school district attains the number of inhabitants which requires its reclassification as a Class 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, 2019, the commissioner shall reclassify any school district to the classification required by the changes made to section 79-102 by Laws 2018, LB377, 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.
- 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.
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).