Office of Finance & Management

Cross-Border Open Enrollment

Eligibility and Application Guidelines

Program Eligibility

The parent or guardian of a student who is a resident of and is eligible to attend a school in a North Dakota school district that is contiguous to the South Dakota border, or a parent or guardian of a student who is a resident of and is eligible to attend a school in a South Dakota school district that is contiguous to the North Dakota border may file an application to attend school in the receiving district.

Application Process

1. An application form must be completed and filed with the resident district (an application form may be accessed from either the SD or ND Dept. of Education websites). There are currently no restrictions on timelines to submit an application.
2. The school board of the student’s district of residence shall transmit the application to the receiving district within 7 days of receipt of the application.
3. Within 10 days of approval or denial of the application, the receiving district shall notify the resident district and the parent or guardian of the student.
4. Once enrolled in the receiving district, the student may remain enrolled in the receiving district and is not required to submit annual or periodic applications.
5. The board of the receiving district may deny an application only if the application will result in overcrowding of the class, grade level, or school building attended by the student.
6. The board of the resident district may not deny an application.

Restrictions

1. The student must be enrolling in grades K through 12 and must be under 21 years of age as of July 1 st for enrollment in the following school year.
2. Notice of intent to enroll in the receiving district obligates the student to attend the receiving district during the following school year unless the school boards of the resident and receiving districts agree in writing to allow the student to transfer back to the resident district or the student’s parent or guardian relocates to another district.

Special Education

A student who requires special education or special education and related services may participate in cross-border attendance. For each student in need of special education or special education and related services, the resident district will be invited to take part in an Individual Education Plan (IEP) meeting. If it is determined that an out-of-district (that is, out-of-the-receiving district) placement is needed for the student, the resident school district will be solely responsible for the education, related services and all expenses for that student.

Notwithstanding any other provision of this agreement, a request to transfer a student in need of special education or special education and related services may be granted only if the receiving district:

1. Upon receipt of an open enrollment application, obtains copies of all relevant student education records on the student applying to transfer from the resident district;
2. Completes a review of those relevant student education records; and
3. Directly communicates with the student’s parent or guardian and representatives of the resident district regarding the student’s special education or special education and related special needs.

An application of a student in need of special education or special education and related services may be denied only if the application will result in overcrowding of the class, grade level or school building in which the student is to enroll or if an IEP team consisting of representatives from the resident and receiving districts determines that the receiving district cannot provide an appropriate instructional program and facilities, including transportation, to meet the student’s needs.

Transportation

Each school district may provide transportation to students participating in cross-border attendance.