§ 15.1-29-14 — Student placement for noneducational purposes - Residency determination - Payment of tuition and tutoring charges

determination - Payment of tuition and tutoring charges.
1. a. Except as provided in subdivision b, for purposes of applying this chapter, a
student's school district of residence is the district in which the student's custodial
parent or legal guardian resides:
(1) At the time that a state court, tribal court, director of juvenile court, or the
division of juvenile services issues an order requiring the student to stay for
a prescribed period in foster care or at a state-licensed child care home or
facility;
(2) At the time a county or state social service agency places the student, with
the consent of the student's parent or legal guardian, in foster care or at a
state-licensed child care home or facility;
(3) At the time the student is initially placed in a state-operated institution, even
if the student is later placed in foster care or at a state-licensed child care
home or facility; or
(4) At the time the student is placed voluntarily, by a parent or legal guardian, in
a state-operated institution or in a state-licensed child care home, facility, or
program, located either within or outside the student's school district of
residence, including those defined in sections 25-01.2-01 and 50-11-00.1.
b. A determination regarding the student's school district of residence made under
subdivision a is valid until the September fifteenth following the determination. On
that date and each September fifteenth thereafter, the placing agency or the
entity funding the student's placement shall determine the district in which the

student's custodial parent or legal guardian resides and shall notify the district
that it is deemed to be the student's district of residence for purposes of this
chapter. If, however, the student is placed in accordance with paragraph 4 of
subdivision a and the placement is privately funded, the administrator of the
facility or program in which the student is placed shall determine the student's
school district of residence and provide the notification required by this
subdivision.
2. The student's school district of residence is obligated to pay:
a. All charges for tuition upon claim of the admitting district; and
b. All charges for tutoring services upon claim of an admitting facility, provided that
the tutoring services are delivered by an individual who is licensed to teach by the
education standards and practices board or approved to teach by the education
standards and practices board.
3. The state shall pay the tuition and tutoring charges under subsection 2 from funds
appropriated by the legislative assembly for state aid to schools if, on the September
fifteenth after a student placement is made as provided for under subsection 1:
a. The student's custodial parent or legal guardian establishes residency outside
this state;
b. A court orders a termination of parental rights with respect to the student's
parents;
c. The student no longer has a custodial parent; or
d. The superintendent of public instruction has determined that all reasonable efforts
to locate a parent or legal guardian have been unsuccessful.
4. If the student is voluntarily admitted to a state-licensed child care home or facility, or to
a state-operated institution, the student's parent or, if one has been appointed, the
student's legal guardian may appeal a determination under section 15.1-29-05
regarding the payment of tuition by filing a petition with the county superintendent of
schools. Within fifteen days of receiving the petition, the three-member committee
established under section 15.1-29-06 shall consult with the boards of the affected
school districts and with the student's parent or legal guardian and render a decision
regarding responsibility for the payment of tuition charges.
5. If the student's district of residence does not pay the required tuition and tutoring
charges, the admitting district or facility shall notify the superintendent of public
instruction. Upon verification that tuition and tutoring charges are due and unpaid, the
superintendent shall withhold all state aid otherwise payable to the student's school
district of residence until the total amount due has been fully paid.
6. a. An amount equal to the state average per student elementary or high school cost,
depending on the student's grade of enrollment, is payable to the admitting
district or facility as part of the cost of educating the student for the school year.
The payment may not exceed the actual per student cost incurred by the
admitting district or facility.
b. The remainder of the actual cost of educating the student not covered by other
payments or credits must be paid by the state, within the limits of legislative
appropriations, from funds appropriated for the payment of special education
contract charges in the case of a student with disabilities or from state aid
payments to schools in all other cases. For purposes of this subdivision, "actual
costs" includes the cost of a summer program if the program is a condition of
placement at a residential facility that has been determined by a placing agency
or entity to be an appropriate placement for a student.
7. If a student with disabilities placed in accordance with this section reaches age
eighteen and continues to receive special education and related services, the student's
school district of residence is deemed to be the same as that of the student's custodial
parent until the special education services are concluded. The obligations of the
student's school district of residence as provided in subsection 2 and the obligations of
the state as provided in subsection 3 are applicable to all students described in this
subsection.

8. a. The placing agency or entity funding the student's placement shall provide written
or electronic notice regarding an initial placement and all subsequent placements
of a student to the superintendent of the student's school district of residence and
to the superintendent of the admitting district:
(1) Within five working days after a placement is made under court order;
(2) Within five working days after an emergency placement is made; or
(3) At least ten working days prior to any other placement.
b. If, however, the student's parent or legal guardian voluntarily places the student in
a state-operated institution or in a state-licensed child care home, facility, or
program, located outside the student's school district of residence, including
those defined in sections 25-01.2-01 and 50-11-00.1, and if the placement is
privately funded, the administrator of the facility or program in which the student
is placed shall determine the student's school district of residence and provide
the notification required by this section.
c. The notice must include any information requested by the superintendent of
public instruction for purposes of determining payment responsibility.
d. The placing agency shall afford the student's school district of residence
reasonable opportunity to participate in permanency planning for the student.
9. Notwithstanding this section, educational services provided to a student by the youth
correctional center are not subject to the payment of tuition and tutoring charges by
either the student's school district of residence or the superintendent of public
instruction.
10. For purposes of this section, "custodial parent" means the parent who has been
awarded sole legal and physical custody of the student in a legal proceeding or, if
there is currently no operative custody order, the parent with whom the student
resides. If the student resides with both parents, then both are custodial parents.