§ 15.1-29-06 — Petition for waiver of tuition - Appeal - Withholding of state payments

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 any tuition 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.