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Code · Nebraska · Chapter 79 — Schools

79-102. School districts; classification.

404 words·~2 min read·/ne/chapter-79/79-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

School districts in this state are classified as follows:
(1)Class I includes any school district embracing territory having a population of fewer than one thousand five hundred inhabitants that maintains both elementary and high school grades under the direction of a single school board;
(2)Class II includes any school district embracing territory having a population of one thousand five hundred or more but fewer than five thousand inhabitants that maintains both elementary and high school grades under the direction of a single school board;
(3)Class III includes any school district embracing territory having a population of five thousand or more but fewer than two hundred thousand inhabitants that maintains both elementary and high school grades under the direction of a single school board;
(4)Class IV includes any school district embracing territory having a population of two hundred thousand or more inhabitants with a city of the primary class within the territory of the district that maintains both elementary and high school grades under the direction of a single school board; and
(5)Class V includes any school district whose employees participate in a retirement system established pursuant to the Class V School Employees Retirement Act and which embraces territory having a city of the metropolitan class within the territory of the district that maintains both elementary grades and high school grades under the direction of a single school board and any school district with territory in a city of the metropolitan class created pursuant to the Learning Community Reorganization Act and designated as a Class V school district in the reorganization plan.
School districts from and to which land may be transferred under provisions of former section 79-403 are defined and classified in this section. Klecan v. Schmal, 196 Neb. 100, 241 N.W.2d 529 (1976).
In proceedings for the transfer of land from one district to another, the advantage or disadvantage of the districts is not the deciding issue. Friesen v. Clark, 192 Neb. 227, 220 N.W.2d 12 (1974).
Members of school board act in a representative capacity and not as individuals. Greer v. Chelewski, 162 Neb. 450, 76 N.W.2d 438 (1956).
Former article 6 district was classified as Class II district. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).
District involved was a Class III district. State ex rel. Shineman v. Board of Education, 152 Neb. 644, 42 N.W.2d 168 (1950).
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