AGO 81-051.

Case DateJune 01, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-051. OPINION 81-51Date Issued: June 1, 1981 (AGO 81-51) Requested by: Dr. Joe Crawford, Superintendent Department of Public Instruction- QUESTIONS PRESENTED - Whether kindergarten students can be tuitioned between North Dakota school districts pursuant to chapter 15-40.2 of the North Dakota Century Code. Whether a North Dakota school district is eligible to receive foundation aid payments pursuant to section 15-40.1-08(7), N. D.C.C., for a nonresident kindergarten pupil.- ATTORNEY GENERAL'S OPINION - It is my opinion that there is no authority in chapter 15-40.2, N.D.C.C., for North Dakota school districts to either send or receive kindergarten pupils under tuition agreements with other North Dakota school districts. It is my further opinion that a North Dakota school district is not eligible to receive foundation aid payments pursuant to section 15-40.1-08(7), N.D.C.C., for a nonresident kindergarten pupil. - ANALYSIS - I. Kindergarten programs are established in the public school districts in North Dakota pursuant to section 15-45-01, N.D.C.C. They are to be established "in connection with the public schools of the district." The kindergartens are established by either board action or by popular vote. Sections 15-29-08(3) and (14), N.D.C.C., authorize school districts to send and receive pupils from other districts "as provided by law." School pupils are transferred or tuitioned between school districts pursuant to chapter 15-40.2, N.D.C.C. Section 15-40.2-01, N.D.C.C., provides as follows:
15-40.2-01. TRANSFER OF PUPILS TO OTHER DISTRICTS OR INSTITUTIONS - TUITION AGREEMENTS. The school board of any district may send elementary or high school pupils into another school district or to an accredited institution of another state when, because of shorter distances and other conveniences, it is to the best interests of the school district to do so, and in such instances the board may pay the tuition of such pupils to the district or institution to which they are sent. The school board may arrange, and when petitioned to do so by a majority of electors of the district, shall arrange with the school boards of other districts or with the institutions, to send pupils to such other districts or institutions who can be taught conveniently therein, and for the payment of their
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