Cross-border education contracts with North Dakota schools.
The secretary of the Department of Education may enter into agreements with the
appropriate parties from the state of North Dakota to establish an enrollment options program
between South Dakota and North Dakota.
Any agreement entered into pursuant to this Act shall specify the following:
Any agreement entered into pursuant to this Act shall specify the reasons for which
an application for the enrollment options program between South Dakota and North Dakota may
Any agreement entered into pursuant to this Act shall specify that a South Dakota
school district is not responsible for transportation for any resident student attending school in
North Dakota under the provisions of this Act. However, a South Dakota school district may, at
its discretion, provide transportation services for such a student.
Section 6. Any agreement entered into pursuant to this Act may specify additional terms relating to any student in need of special education or special education and related services pursuant to chapter 13-37.
For the purposes of state aid to education distributed pursuant to chapter 13-13, any
student sent to North Dakota from South Dakota may not be included in the resident school
district's average daily membership.
Any student whose resident school district does not receive state aid to education
under the provisions of chapter 13-13 or 13-37 may not attend school in North Dakota unless the
student's resident school district pays the State of South Dakota an amount equal to the per student
allocation as defined in chapter 13-13 or 13-37 for each student sent to North Dakota.
The Department of Education may promulgate rules pursuant to chapter 1-26 to
establish procedures relating to the application process, the collection or payment of funds under
the provisions of any agreement established pursuant to this Act, and data regarding numbers of
For fiscal years 2006, 2007, and 2008, any school district contiguous to the North
Dakota border that receives students from North Dakota and that receives less revenue under the
terms of this Act than it would have otherwise received is entitled to a payment from the
Department of Education to compensate for the difference. For fiscal year 2006, the payment shall
equal seventy-five percent of the difference; for fiscal year 2007, the payment shall equal fifty
percent of the difference; and for fiscal year 2008, the payment shall equal twenty-five percent of
the difference. For fiscal years 2006, 2007, and 2008 the department shall calculate the affected
district's difference in state aid general foundation support after determining any change in state
aid funding to the district that is attributable to the graduating seniors.