North Dakota Code 15.1-29-12 – Tuition payments – Determination
1. Except as provided in section 15.1-29-13, a school district sending a student to another district for purposes of education shall pay the full cost of education per student incurred by the admitting district.
Terms Used In North Dakota Code 15.1-29-12
- 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
- Property: includes property, real and personal. 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
2. a. The admitting district shall determine the cost of education per student for its kindergarten, elementary, and high school students on the basis of its average daily membership and those expenditures permitted in determining the cost of education per student in section 15.1-27-03.
b. To the cost of education per student, the admitting district shall add the latest available statewide average per student cost for extracurricular activities and the state average capital outlay per student. The state average capital outlay per student is determined by dividing the total of all school districts’ annual expenditures for sinking and interest funds, tax receipts to the building funds, and general fund expenditures for capital outlay by the average daily membership of the state.
c. The admitting district shall subtract the following from the amount arrived at under subdivision b:
(1) The per student payment multiplied by the admitting district’s school size weighting factor; and
(2) Any credit for taxes paid to the admitting district by the student’s parent.
d. The amount remaining is the full cost of education per student incurred by the admitting district. The tuition amount payable for the individual student is the lesser of:
(1) The full cost of education per student incurred by the admitting district; or
(2) One hundred fifty percent of the state average full cost of education per student.
e. Admitting school districts shall charge the tuition amount payable determined in subdivision d multiplied by two hundred percent or four thousand dollars, whichever is greater, if the admitting school district:
(1) Is located in an oil-producing county; (2) Is eligible to receive gross production tax revenue in lieu of property taxes; (3) Is located in cities with populations over twenty-four thousand; (4) Has a tax base fewer than twenty square miles; (5) Levies greater than sixty mills for local property taxes; (6) Has student enrollments of greater than four thousand; (7) Has average student growth of over two hundred per year over the preceding five years; (8) Uses portable classrooms; and
(9) Has enrollment exceeding school facility capacity.
3. This section does not affect the right of a school board to charge and collect tuition from students who are not residents of this state, in accordance with section 15.1-29-02.