News From the Legislative Session - February 8, 2008

Time has come to Resolve Class I Schools Debate


It is critical we enact legislation this year to resolve the Class I debate and permit elementary attendance centers to form. After the Governor's veto of LB 658 last year, it was evident that there is a need to work together to find a solution. Two bills have been introduced to address this issue - LB 1089 and LB 903.


LB 1089, introduced by Sen. Dierks, would reverse the orders of the State Committee for the Reorganization of School Districts which were issued because of LB 126. This is a one page bill which intends to restore Class I schools as they existed prior to LB 126. Last year similar bills were introduced but all failed to advance due to Constitutional concerns. LB 1089 faces a similar obstacle.


LB 903, introduced by Sen. Lathrop, creates the Nebraska Elementary Attendance Region (NEAR) Act. This bill permits the creation of an attendance center either through the K-12 school board approval or through a petition process by residents within the proposed region. The attendance center would be a part of the K-12 district and must be located entirely within that district. Additionally, it must meet one of the two following criteria. If located outside the limits of a city, village or unincorporated village it must have a minimum of 5 resident students, be at least 7 miles from nearest attendance site, and contain at least 100 square miles of contiguous territory. If located within a city, village or unincorporated village it must have a minimum of 25 resident students, be at least 7 miles from the nearest attendance site, and contain at least 36 square miles of contiguous territory.


Once an attendance center is established, it will have an operating council, or board, consisting of 3-5 residents of the region. The council will have limited levy authority to construct, purchase, renovate, or lease a building to hold classes if the K-12 district does not or cannot provide the former Class I school building. The council would also make recommendations to the K-12 board regarding the operations of the attendance center. All assets and liabilities, including annual operation and maintenance costs, would be the responsibility of the K-12 district.


LB 903 will not recreate every former Class I district, but I do believe that this process is designed to give a fair opportunity to many. We need to be realistic to ensure we can move forward to establish or reestablish schools that are vital to our rural communities. A great deal of work and compromise has gone into LB 903.


I voted against LB 126. I believe it was a monumental error by the Legislature. Even though there are issues which may need to be changed in the bills this session, I will continue to work to provide opportunities to create elementary attendance centers. Compromise is typically a large part of passing legislation, and my hope is that a bill this session will look more like what we had prior to LB 126 than what LB 658 would have given us.


Your involvement is vital as we discuss issues in your Legislature, please contact me, toll free at 1-866-800-7445, by mail at: State Capitol, District 47, PO Box 94604, Lincoln, NE 68509, or by email at perdman@leg.ne.gov.




"The salvation of the state is watchfulness in the citizen"
© 2007 Philip Erdman
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