1.    A student’s parent may apply to another school district for admission of the student at any time during the school year if:

Terms Used In North Dakota Code 15.1-31-08

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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

a.    The student was a victim of violence occurring within the school in which the student was enrolled and the violence was documented;     b.    The superintendent of public instruction has declared the school in which the student was enrolled to be an unsafe school; or

c.    The superintendent of public instruction has identified the school in which the student was enrolled as one that requires program improvement for six consecutive years.

2.    The school district receiving an application under subsection 1 shall review the application to ensure compliance with the provisions of subsection 1 and shall notify the student’s parent and the student’s school district of residence of the arrangements for the student’s transfer within five days from the date the application was received.

3.    The student’s school district of residence shall consider the student transferred as of the date of enrollment by the admitting district.

4.    Upon transfer of a student under this section, the board of the admitting district and the board of the student’s school district of residence shall enter into a tuition agreement.

The student’s school district of residence shall reimburse the admitting district for all costs incurred by the admitting district in providing education for the student.

5.    The student’s school district of residence shall transport the student to school in the admitting district or shall reimburse the admitting district for all costs incurred in transporting the student or providing for the transportation of the student to school in the admitting district. These transportation costs are not reimbursable through state transportation funds.

6.    This section applies to a student until the student’s parent or legal guardian decides to enroll the student in another school, or in the case of a student who has been transferred for the student’s safety or due to a school’s improvement status under subsection 1, until the conclusion of the school year in which the superintendent of public instruction declares that the school in the student’s district of residence is no longer an unsafe school or that the school no longer requires program improvement.