Cross-border attendance - Contract with South Dakota
N.D. Cent. Code § 15.1-29-02.1
in effect15.1-29-02.1. Cross-border attendance - Contract with South Dakota
1. A student who resides in a North Dakota school district contiguous to the South
Dakota border may attend school in South Dakota, and a student who resides in a
South Dakota school district contiguous to the North Dakota border may attend school
in North Dakota, provided the superintendent of public instruction has entered into a
contract with the secretary of the South Dakota department of education for the
cross-border attendance of eligible students.
2. A contract entered under subsection 1 must set forth:
a. An application procedure;
b. Causes for denial of an application; and
c. The manner and notification of acceptance.
3. A contract entered under subsection 1 must authorize the superintendent of public
instruction to count any South Dakota student participating in cross-border attendance
under this section for the purposes of determining the amount of state aid to which a
school district in this state is entitled. The superintendent of public instruction may not
count a North Dakota student participating in cross-border attendance in accordance
with the contract for purposes of determining the amount of state aid to which a school
district in this state is entitled.
4. A contract entered under subsection 1 must provide that if there are more students
from North Dakota than South Dakota participating in cross-border attendance under
this section, the superintendent of public instruction shall forward to the secretary of
the South Dakota department of education, on behalf of each excess student, an
amount annually agreed to by the superintendent and the secretary as reflecting the
average cost of education per student in the school districts participating in
cross-border attendance in accordance with the contract. The contract must also
provide that if there are more students from South Dakota than North Dakota
participating in cross-border attendance under this section, the secretary shall forward
to the superintendent, on behalf of each excess student, an amount annually agreed to
by the superintendent and the secretary as reflecting the average cost of education
per student in the school districts participating in cross-border attendance in
accordance with the contract. The superintendent shall pay the cost of cross-border
attendance from funds appropriated by the legislative assembly for state aid to
schools. Payments received by the superintendent under this subsection shall be
deposited in the general fund.
5. A student who requires special education services may participate in cross-border
attendance under this section, provided the contract entered under subsection 1 sets
forth each school district's and each state's responsibilities for payment of any excess
costs incurred as a result of providing the services to the student.
6. Each school district may provide transportation to students participating in
cross-border attendance under this section. However, the superintendent of public
instruction may include only transportation provided within this state for purposes of
determining the state transportation aid to which a district is entitled.
7. Sections 15.1-29-01 through 15.1-29-13 do not apply to students participating in
cross-border attendance under this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t15-1c29.pdf#nameddest=15p1-29-02p1Fetched: 10/16/2026