Nebraska Revised Statute 79-406

Chapter 79 Section 406


Class II school district creation; board.

A Class II school district shall be created whenever a Class I school district determines to establish a high school by a majority vote of the legal voters at an annual or special meeting.

The members of the school board serving when it is decided to establish a high school shall determine how many members the school board will have and shall continue in office until the first regular meeting of the board in January following the next statewide general election. The Class II district school board shall be elected pursuant to section 32-542.


Cross References

  • Discontinuation of high school, change to Class I school district, see section 79-472.
  • For qualifications of members of board of education, see section 79-543.
  • Limitation on creation of Class II school district from a Class I school district, see section 79-472.
  • Vacancies, see section 79-545.


  • Officers of Class II district are president, secretary, and treasurer. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).

  • Under former statute, an article 6 school could be organized if it contained more than 150 children between the ages of 5 and 21 years. Griggs v. School District No. 76 of Wayne County, 152 Neb. 282, 40 N.W.2d 859 (1950).

  • Under former act, section had no reference to proceedings to be had at first meeting of newly organized districts and did not prohibit such districts from choosing between two forms of school government at organization meeting. State ex rel. Davis v. Clarke, 108 Neb. 638, 188 N.W. 472 (1922).

  • Under former law, term of old board expires on second Monday of July following. State ex rel. Upton v. Weatherby, 17 Neb. 553, 23 N.W. 512 (1885).