Title 15.1, Elementary and Secondary Education

Instead of providing transportation so that an eligible high school student residing in the district can attend school in another district, a school board may pay a reasonable allowance to the student's parent for costs incurred in the provision of meals and lodging for the stude…

The board of a school district that has not been reorganized may charge a fee for the provision of schoolbus transportation service to students.

1. Before the beginning of each school year, the board of a school district that provides transportation shall contract for the provision of transportation services during the school year. Except as provided in section 15.1-30-11, the board shall provide notice of its intent to c…

The superintendent of public instruction shall prepare a standard transportation contract form and shall provide copies, upon request, to school districts.

A transportation contract must: 1. Provide that no vehicle other than that described in the contract may be used to transport students, unless a change is authorized in writing by the board of the school district. 2. Provide that only the individual named in the contract may oper…

In the case of an emergency or other unforeseen event, the school board president may waive transportation contract provisions requiring that only vehicles described in the contract be used and that the vehicles be operated only by individuals named in the contract. The waiver is…

A transportation contract is assignable only upon written authorization by the school board.

1. Notwithstanding sections 15.1-30-06 and 15.1-30-12, a contract for the transportation of students, originally bid by and let to a contractor, may be renewed: a. Through direct negotiation between the board of a school district and the contractor; or b. Upon sealed bids. 2. If …

1. The board of a school district shall let the contract, except as otherwise provided in section 15.1-30-11, to the lowest responsible bidder who: a. Furnishes a bond approved by the board, as provided for in section 15.1-30-06; b. Agrees to use a vehicle which, in the opinion o…

The driver of a vehicle used to transport students under a contract as provided in this chapter is under the supervision and direction of the school board, the school district superintendent, the school principal, and the teachers of the school while the driver is on duty. The di…

The board of a school district may extend its bus route into a bordering state for the purpose of transporting students from the bordering state into this state, provided that the superintendent of public instruction has entered a reciprocal contract with the bordering state unde…

1. If the board of a school district provides transportation services to its students, the board may provide transportation services to students attending nonpublic schools, provided: a. The nonpublic school students are transported only along the bus route established for the pu…

1. By March first of the school year preceding the year of enrollment, a parent who wishes to enroll a student in a North Dakota school district other than the student's district of residence shall file an application for approval with the board of the admitting district and shal…

1. Once a student is enrolled in an admitting district, the student must remain enrolled in the admitting district until: a. The student graduates; b. The student relocates to another district; c. The student's parent applies for enrollment in another school district; or d. The s…

If an application under this chapter is approved for a student with a disability, the board of the student's school district of residence shall pay to the admitting district the costs incurred by the admitting district in providing special education and related services to the st…

A school district of residence may provide transportation to a student participating in open enrollment. If a district of residence does not provide transportation to a student participating in open enrollment, transportation may be provided by the admitting district. A school di…

1. The board of each school district shall set standards for the acceptance and denial of applications for admittance under open enrollment as provided in section 15.1-31-08. The standards may address the capacity of a program, grade level, or school building. The standards may n…

If a student, as a result of a school district dissolution or reorganization, resides in a district other than the one the student chooses to attend at the time of the dissolution or reorganization, the student is not subject to this chapter and may attend school in the chosen sc…

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

As used in this chapter: 1. "Major life activities" include learning, walking, talking, breathing, and caring for oneself. 2. "Related services" means transportation and developmental and corrective or supportive services required to assist a student with disabilities to benefit …

The superintendent of public instruction shall establish, within the provisions of this chapter, general state policy regarding special education and shall endeavor to ensure a cooperative special education program coordinating all available services. The superintendent of public…

The superintendent of public instruction shall develop and implement interagency agreements with the department of corrections and rehabilitation, the department of health and human services, and other public and private entities to maximize the state resources available for fulf…

The superintendent of public instruction shall adopt rules governing special education programs in institutions that are supported in whole or in part by the state, but which are not supervised by public school authorities. The rules must be similar to those established for the d…

The superintendent of public instruction and the department of health and human services shall cooperate in planning and coordinating early intervention programs for individuals under the age of three.

The superintendent of public instruction shall employ a qualified director of special education and any necessary assistants.

The director of special education shall assist school districts with the development and administration of special education programs.

Each school district shall provide special education and related services as a single district, as a member of a multidistrict special education unit in accordance with chapter 15.1-33, or as a participating district in a regional education association under chapter 15.1-09.1. Ea…

The superintendent of public instruction shall adopt rules for the provision of special education to students with disabilities and for the administration of this chapter.

A school district may provide special education to students who are gifted.

Each school district shall make and keep current a record of all students with disabilities who are residents of the district.

If a school district has evidence of a student's disability, the school district shall convene a multidisciplinary team. The team must include educational professionals and the student's parent and may include medical professionals. The team shall share assessment information rel…

Each school district shall obtain parental consent before accessing any family insurance options, whether public or private, to pay for the cost of determining a student's medically related disability and to pay for the provision of related services to the student, provided there…

1. If in the opinion of an individualized education program team or a services plan team a student with a disability or a student with a significant medical condition is unable to attend a public school in the student's school district of residence, the student's school district …

1. If in the opinion of an individualized education program team or an education services team a student is unable to attend a public school in the student's school district of residence because of a disability, and if no public school in the state will accept the student and pro…

If a student's individualized education program or services plan requires the provision of transportation services, the student's school district of residence shall provide the services by any reasonably prudent means, including a regularly scheduled schoolbus, public transit, co…

A student with disabilities is entitled to an educational program that extends beyond the normal school calendar if the student's individualized education program team or services team determines that regression would be caused by an interruption in the student's educational prog…

1. Each year the superintendent of public instruction shall identify the approximately one percent of students with a disability and students with a significant medical condition statewide who are not eligible for cost reimbursement under section 15.1-29-14 and who require the gr…

The superintendent of public instruction shall reimburse a student's school district of residence an amount equal to eighty percent of the room and board costs paid by the district for a student with disabilities who is placed in a facility that is located either within or outsid…

1. The superintendent of public instruction may apply for, receive, and administer federal aid available for the provision of special education services to students. 2. The superintendent may expend any federal aid received in the administration of this chapter within the limits …

The superintendent of public instruction shall provide integrated formula payments to postsecondary transitional programs for eligible students enrolled in a postsecondary transitional program within the state at the rate provided under section 15.1-27-04.1. For purposes of this …

In any judicial proceeding to enforce the rights of an individual with disabilities to receive educational services, the court may award reasonable attorney's fees and costs to a prevailing parent or to the individual with disabilities.

If an individual who is at least three years of age but less than ten years of age exhibits a developmental profile in which cognitive, fine motor, vision, hearing, communication, preacademic, socialization, or adaptive skill acquisitions are significantly below that of same-age …

1. For purposes of this section, "dyslexia" means a specific learning disability that is neurobiological in origin and characterized by difficulties with accurate or fluent recognition of words and poor spelling and decoding abilities, independent of the individual's general inte…

Each multidistrict special education unit is a body corporate and has all the powers and duties usual to corporations for public purposes or as conferred upon it by law.

A school district may join a multidistrict special education unit or together with other school districts form a multidistrict special education unit for purposes of planning and delivering special education and related services. If a school district wishes to join a multidistric…

Each multidistrict special education unit shall maintain an organizational plan on file with the superintendent of public instruction. The organizational plan must include: 1. A list of the unit's board members. 2. A description of how each school district is represented on the b…