79-598. Pupils; instruction in another district; contracts authorized; contents; cost per pupil; determination; transportation; attendance reports; noncompliance penalties; dissolution of district.

(1) The school board of any public school district in this state, when authorized by a majority of the votes cast at any annual or special meeting, shall (a) contract with the board of any neighboring public school district or districts for the instruction of all or any part of the pupils residing in the first named district in the school or schools maintained by the neighboring public school district or districts for a period of time not to exceed two years and (b) make provision for the transportation of such pupils to the school or schools of the neighboring public school district or districts.

(2) The school board of any public school district may also, when petitioned to do so by at least two-thirds of the parents residing in the district having children of school age who will attend school under the contract plan, (a) contract with the board of any neighboring public school district or districts for the instruction of all or any part of the pupils residing in the first named district in the school or schools maintained by the neighboring public school district or districts for a period of time not to exceed two years and (b) make provision for the transportation of such pupils to the school or schools of the neighboring public school district or districts.

(3) The contract price for instruction referred to in subsections (1) and (2) of this section shall be the cost per pupil for the immediately preceding school year or the current year, whichever appears more practical as determined by the board of the district which accepts the pupils for instruction. The cost per pupil shall be determined by dividing the sum of the operational cost and debt service expense of the accepting district, except retirement of debt principal, plus three percent of the insurable or present value of the school plant and equipment of the accepting district, by the average daily membership of pupils in the accepting district. Payment of the contract price shall be made in equal installments at the beginning of the first and second semesters.

(4) All the contracts referred to in subsections (1) and (2) of this section shall be in writing, and copies of all such contracts shall be filed in the office of the superintendent of the school district on or before August 15 of each year. School districts thus providing instruction for their children in neighboring districts shall be considered as maintaining a school as required by law. The teacher of the school providing the instruction shall keep a separate record of the attendance of all pupils from the first named district and make a separate report to the secretary of that district. The board of every sending district contracting under this section shall enter into contracts with school districts of the choice of the parents of the children to be educated under the contract plan. Any school district failing to comply with this section shall not be paid any funds from the state apportionment of school funds while such violation continues.

(5) The State Committee for the Reorganization of School Districts may dissolve any district (a) failing to comply with this section, (b) in which the votes cast at an annual or special election on the question of contracting with a neighboring district are evenly divided, or (c) in which the governing body of the district is evenly divided in its vote on the question of contracting pursuant to subsection (2) of this section. The state committee shall dissolve and attach to a neighboring district or districts any school district which, for two consecutive years, contracts for the instruction of its pupils, except that when such dissolution will create extreme hardships on the pupils or the district affected, the State Board of Education may, on application by the school board of the district, waive the requirements of this subsection. The dissolution of any school district pursuant to this section shall be effected in the manner prescribed in section 79-498.

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Cross References

Annotations

Board of education had power to provide for busing, but duty to do so was not imposed and mandamus not warranted. Connot v. Monroe, 193 Neb. 453, 227 N.W.2d 827 (1975).

School district cannot be dissolved hereunder until full fifth year instruction as contracted for has elapsed. Nelson v. Robertson, 187 Neb. 192, 188 N.W.2d 720 (1971).

Funds received and expended by the high school districts from state and federal aid are, until the Legislature otherwise decrees, part of the per pupil cost. Werth v. Buffalo County Board of Equalization, 187 Neb. 119, 188 N.W.2d 442 (1971).

This section permits computation of per pupil cost and is intended to avoid a flat rate which might be more or less than compensatory for nonresident student tuition. Mann v. Wayne County Board of Equalization, 186 Neb. 752, 186 N.W.2d 729 (1971).

Where school has not yet been held in district for more than five years, district may be dissolved. Board of Education v. Winne, 177 Neb. 431, 129 N.W.2d 255 (1964).

The waiver of the requirements of subsection (4) of this section is required to be made by the State Board of Education. Bierman v. Campbell, 175 Neb. 877, 124 N.W.2d 918 (1963).

Requirement of favorable vote is a condition precedent to establishment of contract. Farrell v. School Dist. No. 54 of Lincoln County, 164 Neb. 853, 84 N.W.2d 126 (1957).

Contracts for instruction between districts must be in writing. George v. School Dist. No. 24 of Red Willow County, 157 Neb. 791, 61 N.W.2d 401 (1953).

Construed in connection with Blanket Mill Tax Levy Act. Peterson v. Hancock, 155 Neb. 801, 54 N.W.2d 85 (1952).

Authorization by a majority of the votes cast at an annual or special election is necessary to require school board to make provision for transportation. Bender v. Palmer, 154 Neb. 350, 48 N.W.2d 65 (1951).