N.D. Cent. Code § 15.1-32-15: Student with disabilities - Attendance at private institution or out-of-state public school

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 provide the necessary services, the student's school district of residence shall contract with:

a.A private, accredited, nonsectarian, nonprofit institution that is located within or outside of this state and which has the proper facilities for the education of the student; or

b.A public school located outside of this state that has proper facilities for the education of the student.

2.The superintendent of public instruction shall approve in advance the terms of the contract and the services to be provided by the admitting institution or school.

3.The contract must provide that the student's school district of residence is liable for the cost of educating the student.

4.A student who receives services under this section is deemed to be enrolled in the student's school district of residence for purposes of determining average daily membership.