§ 15.1-29-05 — Petition by parent for payment of tuition or tuition waiver

1. If a student wishes to attend a school district other than the student's district of
residence, the student's parent may file a written petition with the board of the
student's school district of residence requesting that the board either:
a. Pay the tuition required by this chapter in order that the student can attend
another school district; or
b. Sign a tuition waiver contract with another district that has agreed to admit the
student.
2. Within thirty days after receiving the petition, the board of the student's school district
of residence shall meet with the student's parent and render a decision regarding the
payment of tuition. The board may:
a. Agree to pay the tuition;
b. Agree to sign a tuition waiver contract with the admitting district; or
c. Refuse to pay the tuition or sign a tuition waiver contract.
3. If the board of the student's school district of residence does not render a decision
within the thirty-day period, the petition is deemed approved and the board becomes
obligated to pay tuition to the admitting district.
4. If the petition is denied, the student's parent may file an appeal with the county
superintendent of schools.
15.1-29-06. Petition for waiver of tuition - 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 and responses.
The committee shall base its decision regarding the petition on the grade in which
the student is or will be enrolled.
b. (1) 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 petition and direct the board of the
student's school district of residence to pay the tuition or sign a tuition
waiver contract.

(2) The committee's directive regarding the payment of tuition or the duration of
the tuition waiver contract 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.
c. (1) If the student is or during the following school year will be enrolled in any
grade from kindergarten through eight and the committee finds 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 petition and direct the board of the student's school district of residence
to pay the tuition or sign a tuition waiver contract.
(2) The committee's directive regarding the payment of tuition or the duration of
the tuition waiver contract is limited to one school year. The student's parent
may make subsequent applications for the payment of tuition or the signing
of a tuition waiver contract.
d. 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 pay the tuition or sign the tuition
waiver contract, as required by this section, the board of the admitting district shall
notify the superintendent of public instruction. Upon verification, the superintendent of
public instruction shall withhold all state payments to the student's school district of
residence until the requisite action has been taken.
4. A school district of residence may provide transportation to a student for whom tuition
is paid under this section or for whom the payment of tuition is contractually waived. If
a school district of residence does not provide transportation to the student, it may be
provided by the admitting district.