School District No. 39 of Washington Co. v. Decker

Plaintiff, School District No. 39 of Washington County, generally known as Rose Hill School District, is a rural Class II school district conducting both elementary and ninth and tenth high school grades in Washington County. It brought this action in equity to enjoin the enforcement of Rule III-3 of Section B, “Criteria for Approved Schools” promulgated as of July 1, 1952, by defendant Freeman Decker, then Superintendent of Public Instruction, under purported authority granted him by the last sentence of section 79-307, R. R. S. 1943. Such section provides: “The Superintendent of Public…