15.1-29 Nonresident Tuition and Reciprocity - North Dakota Statutes

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CHAPTER 15.1-29NONRESIDENT TUITION AND RECIPROCITY15.1-29-01. Education of students in bordering states - Payment of tuition.1.A student may attend school in a bordering state in accordance with section
15.1-29-02 provided:a.(1)The student lives within forty miles [64.37 kilometers] of another state; or(2)The student lives in a county bordering on another state; andb.The student has received approval from the board of the student's school
district of residence.2.If the school board of the district in which the student resides denies a request for a
student's attendance in and payment of tuition to another state, the student's parent
may appeal the decision to the three-member committee referenced in section
15.1-29-06.a.If the three-member committee determines that the student meets the terms of
subsection 1, the student may attend school in the bordering state and the
board of the student's school district of residence shall pay the tuition.b.If the three-member committee determines the student falls within the terms of
subdivision a of subsection 1, then the three-member committee shall make its
decision using the criteria specified in section 15.1-29-06.c.Notwithstanding the provisions of this section, if a student's school district of
residence does not provide for the education of kindergarten students, the
district may not pay tuition for a kindergarten student to attend school in a
bordering state.d.Any decision by the three-member committee regarding the payment of tuition
for high school, elementary, or kindergarten students may be appealed by the
school board or by the student's parent to the state board of public school
education. A decision by the state board is final.3.A student attending an out-of-state school under this section is deemed to be
enrolled in the student's school district of residence for purposes of determining
average daily membership.The student's district of residence may reduce anytuition payment it must make to an out-of-state school by an amount commensurate
with the tuition costs the district would be entitled to receive as compensation for a
student from the out-of-state district enrolled in its school.4.Nothing in this section requires that a school district of residence provide student
transportation or payments in lieu of transportation for students attending
out-of-state schools.15.1-29-02. Education of students in bordering states - Contract - Tuition.1.A school district may contract with a school district in a bordering state for the
education of students.A contract between school districts must provide for thepayment of tuition at an agreed-upon amount.2.A student who attends school in a bordering state under a contract provided for by
this section is deemed to be in attendance in the student's school district ofPage No. 1residence. The student's school district of residence is liable to the school district of
the bordering state for payments as provided in the contract.3.A school district in this state may not agree to accept a student from a bordering
state unless the tuition payable equals or exceeds the amount of state aid that the
district would have received from this state for a student in the same grade if that
student had been attending school in the bordering state.15.1-29-02.1. Cross-border attendance - Contract with South Dakota.1.A student who resides in a North Dakota school district contiguous to the South
Dakota border may attend school in South Dakota, and a student who resides in a
South Dakota school district contiguous to the North Dakota border may attend
school in North Dakota, provided the superintendent of public instruction has entered
into a contract with the secretary of the South Dakota department of education for
the cross-border attendance of eligible students.2.A contract entered under subsection 1 must set forth:a.An application procedure;b.Causes for denial of an application; andc.The manner and notification of acceptance.3.A contract entered under subsection 1 must authorize the superintendent of public
instruction to count any South Dakota student participating in cross-border
attendance under this section for the purposes of determining the amount of state
aid to which a school district in this state is entitled. The superintendent of public
instruction may not count a North Dakota student participating in cross-border
attendance in accordance with the contract for purposes of determining the amount
of state aid to which a school district in this state is entitled.4.A contract entered under subsection 1 must provide that if there are more students
from North Dakota than South Dakota participating in cross-border attendance under
this section, the superintendent of public instruction shall forward to the secretary of
the South Dakota department of education, on behalf of each excess student, an
amount annually agreed to by the superintendent and the secretary as reflecting the
average cost of education per student in the school districts participating in
cross-border attendance in accordance with the contract. The contract must also
provide that if there are more students from South Dakota than North Dakota
participating in cross-border attendance under this section, the secretary shall
forward to the superintendent, on behalf of each excess student, an amount annually
agreed to by the superintendent and the secretary as reflecting the average cost of
education per student in the school districts participating in cross-border attendance
in accordance with the contract.5.The superintendent of public instruction shall annually reconcile the number of
students from each school district in this state who participate in cross-border
attendance under this section with the number of students from school districts in
South Dakota who participate in cross-border attendance under this section. The
superintendent of public instruction shall withhold from each school district's state
aid an amount equal to the cost incurred by the state on the part of the school district
in permitting the cross-border attendance of students under this section.6.A student who requires special education services may participate in cross-border
attendance under this section, provided the contract entered under subsection 1 sets
forth each school district's and each state's responsibilities for payment of any
excess costs incurred as a result of providing the services to the student.Page No. 27.Each school district may provide transportation to students participating in
cross-border attendance under this section. However, the superintendent of public
instruction may include only transportation provided within this state for purposes of
determining the state transportation aid to which a district is entitled.8.Sections 15.1-29-01 through 15.1-29-13 do not apply to students participating in
cross-border attendance under this section.15.1-29-03.Education of students in other districts - Payment of tuition andtransportation.1.After taking into account the best interests of all affected parties, the board of a
school district may elect to send its students to another school district.In thisinstance, the board shall pay for the students' tuition and transportation. The board
may arrange, and when petitioned to do so by qualified electors of the district equal
in number to at least a majority of those who voted in the most recent annual school
district election shall arrange, with other boards to send students to the other districts
and to pay for their tuition and transportation.2.If a district does not provide educational services to an entire grade level, the
students in that grade level may attend a public school of their choice outside their
district of residence without going through the procedures outlined in section
15.1-29-05. The board of the students' school district of residence shall pay for the
students' tuition and transportation.For purposes of determining whethereducational services are provided to an entire grade level, districts cooperating with
each other in the joint provision of educational services under a plan approved by
the superintendent of public instruction are considered to be a single district.15.1-29-04. Payment of tuition and transportation by sending districts - Interest onlate payments - Notification. If the board of a school district agrees to pay tuition under this
chapter, if it is required to pay tuition under this chapter, or if it is required to pay tuition and
transportation under this chapter, the board of the sending district shall pay at least fifty percent
of the annual charge to the admitting district on or before December thirty-first and any remaining
amount on or before May thirty-first. If payment is not received by the admitting district within
thirty days after the date on which payment is due, simple interest at the rate of six percent per
annum accrues to any amount due. If payment is not received by the admitting district within
sixty days after the date on which payment is due, the admitting district shall notify the
superintendent of public instruction.15.1-29-05. Payment of tuition - Petition by parent. A student's parent may file awritten petition with the board of the student's school district of residence for the payment of
tuition in order that the student can attend another school district.Within sixty days afterreceiving the petition, the board shall meet with the student's parent and render a decision
regarding the payment of tuition. If the board does not render a contrary decision within the
sixty-day period, the petition is deemed approved. If the petition is approved, the board shall pay
the tuition charges. If the petition is denied, the student's parent may file an appeal with the
county superintendent of schools.15.1-29-06.Payment of tuition for grades one through twelve - Appeal -Withholding of state payments.1.a.Within fifteen days after receipt of an appeal filed under section 15.1-29-05, the
county superintendent of schools shall convene a three-member committee
consisting of the county superintendent, the state's attorney, and one member
appointed by the board of county commissioners for a term of three years. The
committee shall consult with the boards of the affected districts and with the
student's parent. The committee shall schedule a hearing, giving due notice to
each affected board and to the student's parent. The committee shall conduct
the hearing in a manner that allows all parties to present arguments andPage No. 3responses. The committee shall base its decision regarding the payment of
tuition on the grade in which the student is enrolled.b.If the student is or during the following school year will be enrolled in any grade
from nine through twelve and the committee finds that the attendance of the
student is necessitated by shorter distances, previous attendance in another
high school, inadequacy of curriculum considering the student's educational
needs, or extreme hardship for the student or the student's family, the
committee shall approve the application and the payment of tuition by the
student's school district of residence, thereby obligating the district of residence
to pay the tuition. The committee's directive regarding the payment of tuition
may be for any fixed number of school years, up to the completion of the
student's high school education, unless open enrollment is an available option.
The decision of the committee may be appealed to the state board of public
school education. A decision by the state board is final.c.If the student is or during the following school year will be enrolled in any grade
from kindergarten through eight and the committee finds that the attendance of
the student is necessitated by shorter distances or extreme hardship for the
student or the student's family, the committee shall approve the application and
the payment of tuition by the student's district of residence, thereby obligating
the district of residence to pay the tuition. The committee's directive regarding
the payment of tuition is limited to one school year. The student's parent may
make subsequent applications for the payment of tuition. The decision of the
committee may be appealed to the state board of public school education and
the decision of the board is final.2.If a student's school district of residence consists of land situated in more than one
county, the three-member committee established under subsection 1 must consist of
the county superintendent of schools and the state's attorney from the county in
which the greatest portion of the school district's land is situated, and an individual
appointed for a term of three years by the board of county commissioners
representing the county in which the greatest portion of the school district's land is
situated.3.If the student's school district of residence does not comply with the decision
requiring that tuition charges be paid, the board of the admitting district shall notify
the superintendent of public instruction. Upon verifying that tuition payments are
due the admitting district and are unpaid, the superintendent of public instruction
shall withhold all state payments to the student's school district of residence until any
tuition due has been fully paid.4.A school district of residence may provide transportation to a student for whom
tuition is paid under this section. If a school district of residence does not provide
transportation to the student, it may be provided by the admitting district.15.1-29-07. Payment of tuition by parent - Content of tuition contract.1.If the board of a student's school district of residence refuses to pay the tuition for
the student to attend school in another district and if the committee established
under section 15.1-29-06 denies the petition on appeal, the student's parent may
pay the tuition.2.If the parent chooses to pay the tuition, the parent shall:a.Submit at least fifty percent of the total amount due on the day of enrollment;
andPage No. 4b.Provide the board of the admitting district with a written contract agreeing to
pay any remaining balance on or before December thirty-first.15.1-29-08.Payment of tuition - Kindergarten student.Repealed by S.L. 2001,ch. 193,