79-470 Contract for instruction; merger; effect; limitation; dissolution.
79-470. Contract for instruction; merger; effect; limitation; dissolution.(1) No Class I school district which contracts for the instruction of all of its pupils with a Class I, II, III, IV, or V school district shall merge with another Class I school district unless such other Class I school district with which it is merging is included in the area which makes up a Class VI school district.(2) No district shall contract for the instruction of all of its pupils with a Class II, III, IV, or V school district for more than two consecutive years.(3) The State Committee for the Reorganization of School Districts shall dissolve and attach to a neighboring school district or districts any school district which, for two consecutive years, contracts for the instruction of all of its pupils with a Class II, III, IV, or V school district.(4) The dissolution of any school district pursuant to this section shall be effected in the manner prescribed in section 79-498. When such dissolution would create extreme hardships on the pupils or the school district affected, the State Board of Education may, on application by the school board of the school district, waive the dissolution of the school district on an annual basis.(5) Nothing in this section shall be construed as an extension of the limitations on contracting for the instruction of the pupils of a school district contained in section 79-598. SourceLaws 1969, c. 703, § 3, p. 2702; Laws 1973, LB 148, § 2; Laws 1987, LB 106, § 1; R.S.1943, (1994), § 79-603; Laws 1996, LB 900, § 219; Laws 1999, LB 272, § 60; Laws 2005, LB 126, § 33; Referendum 2006, No. 422.AnnotationsCounty superintendent has mandatory duty to dissolve Class I school district when precedent conditions in this section exist. In re Dissolution of School Dist. No. 22 of Madison County, 216 Neb. 89, 341 N.W.2d 918 (1983).The constitutional prohibition against passage of ex post facto laws applies only to penal or criminal matters. Lentz v. Saunders, 199 Neb. 3, 255 N.W.2d 853 (1977).This is an independent act and its adoption did not violate constitutional requirements. Bodenstedt v. Rickers, 189 Neb. 407, 203 N.W.2d 110 (1972).