JEFFERSON CTY BD. OF ED. v. YORK CTY. BD.

No. S-03-1190.

703 N.W.2d 257 (2005)

270 Neb. 407

BOARD OF EDUCATION OF JEFFERSON COUNTY SCHOOL DISTRICT NO. 8 and Jefferson County School District No. 8, appellees and cross-appellees, v. BOARD OF EDUCATION OF YORK COUNTY SCHOOL DISTRICT NO. 12 and York County School District No. 12, appellees and cross-appellants, and Nebraska State Board of Education and Douglas D. Christensen, Commissioner of Education, Nebraska Department of Education, State of Nebraska, appellants.

Supreme Court of Nebraska.

September 16, 2005.


Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Leslie S. Donley for appellants.

Kent E. Rauert, York, of Svehla, Barrows, Thomas & Rauert, P.C., for appellees Board of Education of York County School District No. 12 and York County School District No. 12.

Susan Kubert Sapp, of Cline, Williams, Wright, Johnson & Oldfather, P.C., Lincoln, for appellees Board of Education of Jefferson County School District No. 8 and Jefferson County School District No. 8.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


McCORMACK, J.

NATURE OF CASE

Nebraska law requires the board of education of every school district to provide or contract for special education programs and transportation for all resident children with disabilities who would benefit from such programs. Neb.Rev.Stat. § 79-1127 (Reissue 2003). The issue in this case is whether C.G., a student with disabilities who receives special education and related services, is a resident of Jefferson County School...

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