1.    Section 15.1-20-01 does not apply if the person having responsibility for the child demonstrates to the satisfaction of the school board that:

Terms Used In North Dakota Code 15.1-20-02

a.    The child is in attendance for the same length of time at an approved nonpublic school; b.    The child has completed high school; c.    The child is necessary to the support of the child’s family; d.    A multidisciplinary team including the child’s school district superintendent, the director of the child’s special education unit, the child’s classroom teacher, the child’s physician, and the child’s parent has determined that the child has a disability that renders attendance or participation in a regular or special education program inexpedient or impracticable; e.    The child is receiving home education; or

f.    The child is a military-connected student engaging in virtual instruction under section 15.1-07-37 at the educational entity of the gaining or losing military installation, a student with a medical condition unable to physically attend school, or a student moving out of state and virtual instruction is allowed by the gaining or losing educational entity.

2.    The period of virtual instruction under subdivision f of subsection 1 may not extend beyond the current school year.

3.    A decision by the board of a school district under subsection 1 is appealable to the district court.