Such a showing must include a demonstration of significant differences in the class, accreditation, leadership, management, curricula, and/or efficiency of the schools involved." Id. In Friesen we stated that a freeholder petition "must be supported by an adequate showing that the purposed transfer of land is justified in relation to the controlling educational factors regarding the convenience, necessity, or welfare of the pupil or pupils involved. "Whether or not the transfer of land requested is to the advantage or the disadvantage of the school districts involved is not the deciding issue." Friesen v. The sole issue in freehold transfer cases is the best educative interest of the child.
The review of a decision of the District Court granting or denying a freehold transfer is de novo in this court, and this court will come to an independent conclusion, having due regard to the superior position of the trier of facts who had an opportunity to see and hear the witnesses and to form a judgment on their credibility. The appellants-objectors, residents of McCool Junction School District, urge as error in this court (1) the finding of the District Court that petitioners had sustained the burden of proof that the transfer was in the best educative interest of Andrew Scott Janzen (2) the ruling of the District Court that expert testimony is not required to demonstrate best educative interest and (3) the ruling of the District Court which allowed the parents of Andrew Scott Janzen to testify as to the best educative interest of their son. The District Court held that the best educative interest of Andrew Scott Janzen, son of the petitioners, would be served if the transfer was granted. § 79-403 (Reissue 1981) before it was amended. 95 of York, Fillmore, and Hamilton Counties (hereafter Henderson School District). 83 of York and Fillmore Counties (hereafter McCool Junction School District) to school district No. This is an appeal from a District Court judgment reversing a decision of a freeholder board which denied transfer of petitioners' land from school district No. A parent as an informed and concerned lay person is competent to testify as to his or her opinion on "best educative interest." The parents were not testifying as experts, and the evidence was clearly admissible under Neb. Such a showing must include a demonstration of significant differences in the class, accreditation, leadership, management, curricula, and/or efficiency of the schools involved. A freeholder petition must be supported by an adequate showing that the purposed transfer of land is justified in relation to the controlling educational factors regarding the convenience, necessity, or welfare of the pupil or pupils involved. § 79-403 (Reissue 1981) is an exercise of a quasi-judicial power, equitable in character, and upon appeal from the District Court to this court the cause is triable de novo as in any other equitable action. Schools and School Districts: Appeal and Error.
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