State ex rel. Perkins County School Dist. 65 v. County Superintendent of Schools of Perkins County, Neb., S-93-1032

• Decision Date: 10 March 1995
• Docket Number: No. S-93-1032,S-93-1032
• Citation: 247 Neb. 573,528 N.W.2d 340
• Parties: , 98 Ed. Law Rep. 377 STATE of Nebraska ex rel. PERKINS COUNTY SCHOOL DISTRICT 65, also known as Venango Public School District, et al., Appellants, v. The COUNTY SUPERINTENDENT OF SCHOOLS OF PERKINS COUNTY, Nebraska, et al., Appellees.
• Court: Nebraska Supreme Court

Page 340

528 N.W.2d 340

247 Neb. 573, 98 Ed. Law Rep. 377

STATE of Nebraska ex rel. PERKINS COUNTY SCHOOL DISTRICT 65, also known as Venango Public School District, et al., Appellants, v. The COUNTY SUPERINTENDENT OF SCHOOLS OF PERKINS COUNTY, Nebraska, et al., Appellees.

No. S-93-1032.

Supreme Court of Nebraska.

March 10, 1995.

Syllabus by the Court

1. Statutes: Appeal and Error. The meaning of a statute is a question of law, in connection with which a reviewing court has an obligation to reach a conclusion independent of that of the inferior court.

2. Statutes: Legislature: Intent. In construing a statute, a court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense.

3. Statutes. It is not within the province of a court to read a meaning into a statute that is not warranted by legislative language; neither is it within the province of a court to read anything plain, direct, and unambiguous out of a statute.

4. Statutes. Effect must be given, if possible, to all the several parts of a statute; no sentence, clause, or word should be rejected as meaningless or superfluous if it can be avoided.

5. Statutes: Schools and School Districts. A school district conversion under subsection (3) of Neb.Rev.Stat. § 79-516.08 (Reissue 1994) is subject to the condition in subsection (2)(a) thereof that there be in existence another high school within 15 miles on a reasonably improved highway.

Robert S. Harvoy and R.K. O'Donnell, of McGinley, Lane, Mueller, O'Donnell & Reynolds, P.C., Ogallala, for appellants.

Lori Zeilinger, Perkins County Atty., and, on brief, Patrick R. McDermott, Grant, for appellees.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and BOSLAUGH, J., Retired.

CAPORALE, Justice.

Purporting to act under the provisions of Neb.Rev.Stat. § 79-516.08(3) (Reissue 1994), the respondent-appellee county superintendent of schools of Perkins County, Nebraska, entered an order converting the relator-appellant Perkins County School District 65, also known as the Venango Public School District, from a Class II school district to a Class I school district. Venango and certain of its residents and taxpayers thereafter filed an action in the district court seeking, among other things, a declaration that the superintendent's order was unlawful and thus void. The district court determined otherwise and entered judgment declaring said order to be valid and proper in all respects. Asserting that the district court's judgment is erroneous, the relators thereafter successfully petitioned this court for leave to bypass the Nebraska Court of Appeals. We now reverse the judgment of the district court.

This action inquires into the meaning of § 79-516.08(3); more specifically, the question is whether, under the facts presented, the statute authorizes the superintendent's order. The meaning of a statute is a question of law, in connection with which a reviewing court has an obligation to reach a conclusion independent of that of the inferior court. In re Application of City of Grand Island, 247 Neb. 446, 527 N.W.2d 864 (1995).

In order to understand § 79-516.08, we must first look to Neb.Rev.Stat. § 79-102 (Reissue 1994), which defines school districts as being Class I through VI either on the basis of the grades maintained by the school district or on the basis of the grades maintained and the population within the territory encompassed by the school district. Grades are delineated in Neb.Rev.Stat. § 79-101 (Reissue 1994) as elementary, being grades kindergarten through eighth; and as high school, being all grades above eighth. A Class I school district maintains only elementary grades under the direction of a single school board, § 79-102(1); a Class II school district has a population of 1,000 or less and maintains both elementary and high school grades under the direction of a single board, § 79-102(2).

The relevant portions of § 79-516.08 read:

(1) Commencing with the 1992-93 school year, if the fall school district membership or the average daily membership of an existing Class II ... school district shows less than thirty-five students in grades nine through twelve, the district shall submit a plan for developing cooperative programs with other high schools, including the sharing of curriculum and certificated and noncertificated staff, to the county committee for the reorganization of school districts of the county in which the school district is located. The cooperative program plan shall be submitted by the school district by September 1 of the year following such fall school district membership or average daily membership report. A cooperative program plan shall not be required if there is no high school within fifteen miles from such district on a reasonably improved highway. The county committee shall review the plan and provide advice and communication to such school district and other high schools.

(2)(a) If for two consecutive years the fall school district membership, or for two consecutive years the average daily membership, of an existing Class II ... school district is less than twenty-five pupils in grades nine through twelve or if for one year an existing Class II ... school district contracts with a neighboring school district or districts to provide educational services for all of its pupils in grades nine through twelve, such school district shall, except as provided in subsection (3) of this section, become a Class I school district through the order of the county superintendent if the high school is within fifteen miles on a reasonably improved highway of another high school.

(b) During the second consecutive year an existing Class II ... school district has less than twenty-five pupils in grades nine through twelve pursuant to subdivision (a) of this subsection and if the high school is within fifteen miles on a reasonably improved highway of another high school, any freeholder or freeholders, person in possession or constructive possession as vendee pursuant to a contract of sale of the fee, holder of a school land lease ... or entrant upon government land who has not yet received a patent therefor may file a petition with a board consisting of the county superintendent, county clerk, and county treasurer, asking to have any tract or tracts of land described in the petition set off from a Class II ... school district as described in...