North Dakota Code 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.
Terms Used In North Dakota Code 15.1-29-06
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
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.