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15.1-29 Nonresident Tuition and Reciprocity

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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<br>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<br>district of residence.2.If the school board of the district in which the student resides denies a request for a<br>student's attendance in and payment of tuition to another state, the student's parent<br>may appeal the decision to the three-member committee referenced in section<br>15.1-29-06.a.If the three-member committee determines that the student meets the terms of<br>subsection 1, the student may attend school in the bordering state and the<br>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<br>subdivision a of subsection 1, then the three-member committee shall make its<br>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<br>residence does not provide for the education of kindergarten students, the<br>district may not pay tuition for a kindergarten student to attend school in a<br>bordering state.d.Any decision by the three-member committee regarding the payment of tuition<br>for high school, elementary, or kindergarten students may be appealed by the<br>school board or by the student's parent to the state board of public school<br>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<br>enrolled in the student's school district of residence for purposes of determining<br>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<br>with the tuition costs the district would be entitled to receive as compensation for a<br>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<br>transportation or payments in lieu of transportation for students attending<br>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<br>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<br>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<br>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<br>state unless the tuition payable equals or exceeds the amount of state aid that the<br>district would have received from this state for a student in the same grade if that<br>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<br>Dakota border may attend school in South Dakota, and a student who resides in a<br>South Dakota school district contiguous to the North Dakota border may attend<br>school in North Dakota, provided the superintendent of public instruction has entered<br>into a contract with the secretary of the South Dakota department of education for<br>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<br>instruction to count any South Dakota student participating in cross-border<br>attendance under this section for the purposes of determining the amount of state<br>aid to which a school district in this state is entitled. The superintendent of public<br>instruction may not count a North Dakota student participating in cross-border<br>attendance in accordance with the contract for purposes of determining the amount<br>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<br>from North Dakota than South Dakota participating in cross-border attendance under<br>this section, the superintendent of public instruction shall forward to the secretary of<br>the South Dakota department of education, on behalf of each excess student, an<br>amount annually agreed to by the superintendent and the secretary as reflecting the<br>average cost of education per student in the school districts participating in<br>cross-border attendance in accordance with the contract. The contract must also<br>provide that if there are more students from South Dakota than North Dakota<br>participating in cross-border attendance under this section, the secretary shall<br>forward to the superintendent, on behalf of each excess student, an amount annually<br>agreed to by the superintendent and the secretary as reflecting the average cost of<br>education per student in the school districts participating in cross-border attendance<br>in accordance with the contract.5.The superintendent of public instruction shall annually reconcile the number of<br>students from each school district in this state who participate in cross-border<br>attendance under this section with the number of students from school districts in<br>South Dakota who participate in cross-border attendance under this section. The<br>superintendent of public instruction shall withhold from each school district's state<br>aid an amount equal to the cost incurred by the state on the part of the school district<br>in permitting the cross-border attendance of students under this section.6.A student who requires special education services may participate in cross-border<br>attendance under this section, provided the contract entered under subsection 1 sets<br>forth each school district's and each state's responsibilities for payment of any<br>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<br>cross-border attendance under this section. However, the superintendent of public<br>instruction may include only transportation provided within this state for purposes of<br>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<br>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<br>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<br>may arrange, and when petitioned to do so by qualified electors of the district equal<br>in number to at least a majority of those who voted in the most recent annual school<br>district election shall arrange, with other boards to send students to the other districts<br>and to pay for their tuition and transportation.2.If a district does not provide educational services to an entire grade level, the<br>students in that grade level may attend a public school of their choice outside their<br>district of residence without going through the procedures outlined in section<br>15.1-29-05. The board of the students' school district of residence shall pay for the<br>students' tuition and transportation.For purposes of determining whethereducational services are provided to an entire grade level, districts cooperating with<br>each other in the joint provision of educational services under a plan approved by<br>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<br>chapter, if it is required to pay tuition under this chapter, or if it is required to pay tuition and<br>transportation under this chapter, the board of the sending district shall pay at least fifty percent<br>of the annual charge to the admitting district on or before December thirty-first and any remaining<br>amount on or before May thirty-first. If payment is not received by the admitting district within<br>thirty days after the date on which payment is due, simple interest at the rate of six percent per<br>annum accrues to any amount due. If payment is not received by the admitting district within<br>sixty days after the date on which payment is due, the admitting district shall notify the<br>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<br>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<br>regarding the payment of tuition. If the board does not render a contrary decision within the<br>sixty-day period, the petition is deemed approved. If the petition is approved, the board shall pay<br>the tuition charges. If the petition is denied, the student's parent may file an appeal with the<br>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<br>county superintendent of schools shall convene a three-member committee<br>consisting of the county superintendent, the state's attorney, and one member<br>appointed by the board of county commissioners for a term of three years. The<br>committee shall consult with the boards of the affected districts and with the<br>student's parent. The committee shall schedule a hearing, giving due notice to<br>each affected board and to the student's parent. The committee shall conduct<br>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<br>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<br>from nine through twelve and the committee finds that the attendance of the<br>student is necessitated by shorter distances, previous attendance in another<br>high school, inadequacy of curriculum considering the student's educational<br>needs, or extreme hardship for the student or the student's family, the<br>committee shall approve the application and the payment of tuition by the<br>student's school district of residence, thereby obligating the district of residence<br>to pay the tuition. The committee's directive regarding the payment of tuition<br>may be for any fixed number of school years, up to the completion of the<br>student's high school education, unless open enrollment is an available option.<br>The decision of the committee may be appealed to the state board of public<br>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<br>from kindergarten through eight and the committee finds that the attendance of<br>the student is necessitated by shorter distances or extreme hardship for the<br>student or the student's family, the committee shall approve the application and<br>the payment of tuition by the student's district of residence, thereby obligating<br>the district of residence to pay the tuition. The committee's directive regarding<br>the payment of tuition is limited to one school year. The student's parent may<br>make subsequent applications for the payment of tuition. The decision of the<br>committee may be appealed to the state board of public school education and<br>the decision of the board is final.2.If a student's school district of residence consists of land situated in more than one<br>county, the three-member committee established under subsection 1 must consist of<br>the county superintendent of schools and the state's attorney from the county in<br>which the greatest portion of the school district's land is situated, and an individual<br>appointed for a term of three years by the board of county commissioners<br>representing the county in which the greatest portion of the school district's land is<br>situated.3.If the student's school district of residence does not comply with the decision<br>requiring that tuition charges be paid, the board of the admitting district shall notify<br>the superintendent of public instruction. Upon verifying that tuition payments are<br>due the admitting district and are unpaid, the superintendent of public instruction<br>shall withhold all state payments to the student's school district of residence until any<br>tuition due has been fully paid.4.A school district of residence may provide transportation to a student for whom<br>tuition is paid under this section. If a school district of residence does not provide<br>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<br>the student to attend school in another district and if the committee established<br>under section 15.1-29-06 denies the petition on appeal, the student's parent may<br>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;<br>andPage No. 4b.Provide the board of the admitting district with a written contract agreeing to<br>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, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>