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

79-104. Classification of school districts; change; Commissioner of Education; duties.Whenever any Class II, III, or IV school district attains the number of inhabitants which requires its reclassification as a Class III, IV, or V school district, respectively, the Commissioner of Education shall reclassify such district as a district of the next higher class. A Class III school district may be reclassified as a Class II school district upon application of the board of education of such district if the commissioner finds that the number of inhabitants of such district has decreased to the level established for Class II school districts. Any reclassification pursuant to this section shall become effective at the beginning of the next fiscal year after the order of the commissioner. Within fifteen days after the reclassification of any school district, 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. SourceLaws 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. AnnotationsThere 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).