2014 North Dakota Century Code Title 15.1 Elementary and Secondary Education Chapter 15.1-27 State Aid
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CHAPTER 15.1-27
STATE AID
15.1-27-01. Payments to school districts - Distribution.
1. The superintendent of public instruction shall estimate the total state payments to
which a school district is entitled each year.
2. The superintendent of public instruction shall pay each district ten percent of the
amount determined under subsection 1, within the limits of legislative appropriation, on
or before August first and September first of each year. The superintendent shall pay
each school district twenty percent of that amount, within the limits of legislative
appropriation, on or before October first of each year.
3. The superintendent of public instruction shall estimate the amount that, in addition to
the payments already made, is necessary to constitute the remainder of the amount
due each district for the current school year.
4. On or before November first, the superintendent of public instruction shall pay to each
district, within the limits of legislative appropriation, an amount that, in addition to the
above payments, constitutes sixty percent of the sum due under this chapter.
5. On or before the first day of December, January, February, March, and April, payments
equal to twenty percent of the total remaining payments must be made to each district.
6. If funds appropriated for distribution to districts as state aid become available after
April first, the superintendent of public instruction shall distribute the newly available
payments on or before June thirtieth.
15.1-27-02. Per student payments - Required reports.
1. The superintendent of public instruction may not forward state aid payments to a
school district beyond the October payment unless the district has filed the following
with the superintendent:
a. The June thirtieth student membership and attendance report;
b. An annual school district financial report;
c. The September tenth fall enrollment report; and
d. The personnel report forms for licensed and nonlicensed employees.
2. On or before December fifteenth, each school district shall file with the superintendent
of public instruction the taxable valuation and mill levy certifications. If a district fails to
file the taxable valuation and mill levy certifications by the required date, the
superintendent of public instruction may not forward to the district any state aid
payments to which the district is entitled, until the taxable valuation and mill levy
certifications are filed.
15.1-27-03. Cost of education - Determination.
1. The superintendent of public instruction shall determine the educational cost per
student.
2. In determining the educational cost per student, the superintendent may not use:
a. Capital outlay for buildings;
b. Capital outlay for sites;
c. Capital outlay for debt service;
d. Expenditures for school activities;
e. Expenditures for school lunch programs;
f. Expenditures for transportation costs, including schoolbuses; or
g. Expenditures for early childhood education.
15.1-27-03.1. (Effective July 1, 2013, through June 30, 2015) Weighted average daily
membership - Determination.
1. For each school district, the superintendent of public instruction shall multiply by:
a. 1.00 the number of full-time equivalent students enrolled in a migrant summer
program;
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b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
1.00 the number of full-time equivalent students enrolled in an extended
educational program in accordance with section 15.1-32-17;
0.60 the number of full-time equivalent students enrolled in a summer education
program;
0.20 the number of full-time equivalent students enrolled in a home-based
education program and monitored by the school district under chapter 15.1-23;
0.30 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be least proficient and placed in the first
of six categories of proficiency; and
(2) Are enrolled in a program of instruction for English language learners;
0.25 the number of full-time equivalent students enrolled in an alternative high
school;
0.20 the number of full-time equivalent students attending school in a bordering
state in accordance with section 15.1-29-01;
0.20 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be more proficient than students placed
in the first of six categories of proficiency and therefore placed in the second
of six categories of proficiency; and
(2) Are enrolled in a program of instruction for English language learners;
0.17 the number of full-time equivalent students enrolled in an early childhood
special education program;
0.15 the number of full-time equivalent students in grades six through eight
enrolled in an alternative education program for at least an average of fifteen
hours per week;
0.10 the number of students enrolled in average daily membership, if the district
has fewer than one hundred students enrolled in average daily membership and
the district consists of an area greater than two hundred seventy-five square
miles [19424.9 hectares], provided that any school district consisting of an area
greater than six hundred square miles [155399 hectares] and enrolling fewer than
fifty students in average daily membership must be deemed to have an
enrollment equal to fifty students in average daily membership;
0.082 the number of students enrolled in average daily membership, in order to
support the provision of special education services;
0.07 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be more proficient than students placed
in the second of six categories of proficiency and therefore placed in the
third of six categories of proficiency;
(2) Are enrolled in a program of instruction for English language learners; and
(3) Have not been in the third of six categories of proficiency for more than
three years;
0.025 the number of students representing that percentage of the total number of
students in average daily membership which is equivalent to the three-year
average percentage of students in grades three through eight who are eligible for
free or reduced lunches under the Richard B. Russell National School Lunch Act
[42 U.S.C. 1751 et seq.];
0.003 the number of students enrolled in average daily membership in each
public school in the district that:
(1) Has acquired and is utilizing the PowerSchool student information system;
(2) Has acquired and is in the process of implementing the PowerSchool
student information system; or
(3) Will acquire the PowerSchool student information system during the current
school year, provided the acquisition is contractually demonstrated; and
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p.
0.002 the number of students enrolled in average daily membership in a school
district that is a participating member of a regional education association meeting
the requirements of chapter 15.1-09.1.
2. The superintendent of public instruction shall determine each school district's weighted
average daily membership by adding the products derived under subsection 1 to the
district's average daily membership.
(Effective after June 30, 2015) Weighted average daily membership - Determination.
1. For each school district, the superintendent of public instruction shall multiply by:
a. 1.00 the number of full-time equivalent students enrolled in a migrant summer
program;
b. 1.00 the number of full-time equivalent students enrolled in an extended
educational program in accordance with section 15.1-32-17;
c. 0.60 the number of full-time equivalent students enrolled in a summer education
program;
d. 0.50 the number of full-time equivalent students enrolled in a home-based
education program and monitored by the school district under chapter 15.1-23;
e. 0.30 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be least proficient and placed in the first
of six categories of proficiency; and
(2) Are enrolled in a program of instruction for English language learners;
f. 0.25 the number of full-time equivalent students enrolled in an alternative high
school;
g. 0.20 the number of full-time equivalent students attending school in a bordering
state in accordance with section 15.1-29-01;
h. 0.20 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be more proficient than students placed
in the first of six categories of proficiency and therefore placed in the second
of six categories of proficiency; and
(2) Are enrolled in a program of instruction for English language learners;
i. 0.17 the number of full-time equivalent students enrolled in an early childhood
special education program;
j. 0.10 the number of students enrolled in average daily membership, if the district
has fewer than one hundred students enrolled in average daily membership and
the district consists of an area greater than two hundred seventy-five square
miles [19424.9 hectares], provided that any school district consisting of an area
greater than six hundred square miles [155399 hectares] and enrolling fewer than
fifty students in average daily membership must be deemed to have an
enrollment equal to fifty students in average daily membership;
k. 0.082 the number of students enrolled in average daily membership, in order to
support the provision of special education services;
l. 0.07 the number of full-time equivalent students who:
(1) On a test of English language proficiency approved by the superintendent of
public instruction are determined to be more proficient than students placed
in the second of six categories of proficiency and therefore placed in the
third of six categories of proficiency;
(2) Are enrolled in a program of instruction for English language learners; and
(3) Have not been in the third of six categories of proficiency for more than
three years;
m. 0.025 the number of students representing that percentage of the total number of
students in average daily membership which is equivalent to the three-year
average percentage of students in grades three through eight who are eligible for
free or reduced lunches under the Richard B. Russell National School Lunch Act
[42 U.S.C. 1751 et seq.];
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n.
2.
0.006 the number of students enrolled in average daily membership in each
public school in the district that:
(1) Has acquired and is utilizing the PowerSchool student information system;
(2) Has acquired and is in the process of implementing the PowerSchool
student information system; or
(3) Will acquire the PowerSchool student information system during the current
school year, provided the acquisition is contractually demonstrated; and
o. 0.004 the number of students enrolled in average daily membership in a school
district that is a participating member of a regional education association meeting
the requirements of chapter 15.1-09.1.
The superintendent of public instruction shall determine each school district's weighted
average daily membership by adding the products derived under subsection 1 to the
district's average daily membership.
15.1-27-03.2. (Effective through June 30, 2015) School district size weighting factor Weighted student units.
1. For each high school district in the state, the superintendent of public instruction shall
assign a school district size weighting factor of:
a. 1.35 if the students in average daily membership number fewer than 125;
b. 1.34 if the students in average daily membership number at least 125 but fewer
than 130;
c. 1.33 if the students in average daily membership number at least 130 but fewer
than 135;
d. 1.32 if the students in average daily membership number at least 135 but fewer
than 140;
e. 1.31 if the students in average daily membership number at least 140 but fewer
than 145;
f. 1.30 if the students in average daily membership number at least 145 but fewer
than 150;
g. 1.29 if the students in average daily membership number at least 150 but fewer
than 155;
h. 1.28 if the students in average daily membership number at least 155 but fewer
than 160;
i. 1.27 if the students in average daily membership number at least 160 but fewer
than 165;
j. 1.26 if the students in average daily membership number at least 165 but fewer
than 175;
k. 1.25 if the students in average daily membership number at least 175 but fewer
than 185;
l. 1.24 if the students in average daily membership number at least 185 but fewer
than 200;
m. 1.23 if the students in average daily membership number at least 200 but fewer
than 215;
n. 1.22 if the students in average daily membership number at least 215 but fewer
than 230;
o. 1.21 if the students in average daily membership number at least 230 but fewer
than 245;
p. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;
q. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
r. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
s. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
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t.
1.16 if the students in average daily membership number at least 280 but fewer
than 285;
u. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
v. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;
w. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
x. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
y. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
z. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
aa. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
bb. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
cc. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
dd. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
ee. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
ff. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;
gg. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
hh. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
ii. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
jj. 1.00 if the students in average daily membership number at least 900.
2. For each elementary district in the state, the superintendent of public instruction shall
assign a weighting factor of:
a. 1.25 if the students in average daily membership number fewer than 125;
b. 1.17 if the students in average daily membership number at least 125 but fewer
than 200; and
c. 1.00 if the students in average daily membership number at least 200.
3. The school district size weighting factor determined under this section and multiplied
by a school district's weighted average daily membership equals the district's weighted
student units.
4. Notwithstanding the provisions of this section, the school district size weighting factor
assigned to a district may not be less than the factor arrived at when the highest
number of students possible in average daily membership is multiplied by the school
district size weighting factor for the subdivision immediately preceding the district's
actual subdivision and then divided by the district's average daily membership.
(Effective after June 30, 2015) School district size weighting factor - Weighted student
units.
1. For each high school district in the state, the superintendent of public instruction shall
assign a school district size weighting factor of:
a. 1.25 if the students in average daily membership number fewer than 185;
b. 1.24 if the students in average daily membership number at least 185 but fewer
than 200;
c. 1.23 if the students in average daily membership number at least 200 but fewer
than 215;
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d.
2.
3.
4.
1.22 if the students in average daily membership number at least 215 but fewer
than 230;
e. 1.21 if the students in average daily membership number at least 230 but fewer
than 245;
f. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;
g. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
h. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
i. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
j. 1.16 if the students in average daily membership number at least 280 but fewer
than 285;
k. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
l. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;
m. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
n. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
o. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
p. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
q. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
r. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
s. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
t. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
u. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
v. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;
w. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
x. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
y. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
z. 1.00 if the students in average daily membership number at least 900.
For each elementary district in the state, the superintendent of public instruction shall
assign a weighting factor of:
a. 1.25 if the students in average daily membership number fewer than 125;
b. 1.17 if the students in average daily membership number at least 125 but fewer
than 200; and
c. 1.00 if the students in average daily membership number at least 200.
The school district size weighting factor determined under this section and multiplied
by a school district's weighted average daily membership equals the district's weighted
student units.
Notwithstanding the provisions of this section, the school district size weighting factor
assigned to a district may not be less than the factor arrived at when the highest
Page No. 6
number of students possible in average daily membership is multiplied by the school
district size weighting factor for the subdivision immediately preceding the district's
actual subdivision and then divided by the district's average daily membership.
15.1-27-04. (Suspended through June 30, 2015) Per student payment rate.
1. a. The per student payment rate to which each school district is entitled for the first
year of the biennium is three thousand nine hundred ten dollars.
b. The per student payment rate to which each school district is entitled for the
second year of the biennium is three thousand nine hundred eighty dollars.
2. In order to determine the state aid payment to which each district is entitled, the
superintendent of public instruction shall multiply each district's weighted student units
by the per student payment rate set forth in subsection 1.
15.1-27-04.1. (Effective through June 30, 2015) Baseline funding - Establishment Determination of state aid.
1. In order to determine the amount of state aid payable to each district, the
superintendent of public instruction shall establish each district's baseline funding. A
district's baseline funding consists of:
a. All state aid received by the district in accordance with chapter 15.1-27 during the
2012-13 school year;
b. The district's 2012-13 mill levy reduction grant, as determined in accordance with
chapter 57-64, as it existed on June 30, 2013;
c. An amount equal to that raised by the district's 2012 general fund levy or that
raised by one hundred ten mills of the district's 2012 general fund levy, whichever
is less;
d. An amount equal to that raised by the district's 2012 long-distance learning and
educational technology levy;
e. An amount equal to that raised by the district's 2012 alternative education
program levy; and
f. An amount equal to:
(1) Seventy-five percent of all revenue received by the school district and
reported under code 2000 of the North Dakota school district financial
accounting and reporting manual, as developed by the superintendent of
public instruction in accordance with section 15.1-02-08;
(2) Seventy-five percent of all mineral revenue received by the school district
through direct allocation from the state treasurer and not reported under
code 2000 of the North Dakota school district financial accounting and
reporting manual, as developed by the superintendent of public instruction in
accordance with section 15.1-02-08;
(3) Seventy-five percent of all tuition received by the school district and reported
under code 1300 of the North Dakota school district financial accounting and
reporting manual, as developed by the superintendent of public instruction in
accordance with section 15.1-02-08, with the exception of revenue received
specifically for the operation of an educational program provided at a
residential treatment facility and tuition received for the provision of an adult
farm management program;
(4) Seventy-five percent of all revenue received by the school district from
payments in lieu of taxes on the distribution and transmission of electric
power;
(5) Seventy-five percent of all revenue received by the school district from
payments in lieu of taxes on electricity generated from sources other than
coal;
(6) All revenue received by the school district from mobile home taxes;
(7) Seventy-five percent of all revenue received by the school district from the
leasing of land acquired by the United States for which compensation is
allocated to the state under 33 U.S.C. 701(c)(3);
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(8)
(9)
2.
3.
4.
5.
All telecommunications tax revenue received by the school district; and
All revenue received by the school district from payments in lieu of taxes
and state reimbursement of the homestead credit and disabled veterans
credit.
The superintendent shall divide the district's total baseline funding by the district's
2012-13 weighted student units in order to determine the district's baseline funding per
weighted student unit.
a. In 2013-14, the superintendent shall multiply the district's weighted student units
by eight thousand eight hundred ten dollars.
(1) The superintendent shall adjust the product to ensure that the product is at
least equal to the greater of:
(a) One hundred two percent of the district's baseline funding per
weighted student unit, as established in subsection 2, multiplied by the
district's 2013-14 weighted student units; or
(b) One hundred percent of the district's baseline funding as established
in subsection 1.
(2) The superintendent shall also adjust the product to ensure that the product
does not exceed one hundred ten percent of the district's baseline funding
per weighted student unit multiplied by the district's 2013-14 weighted
student units, as established in subsection 2.
b. In 2014-15, the superintendent shall multiply the district's weighted student units
by nine thousand ninety-two dollars.
(1) The superintendent shall adjust the product to ensure that the product is at
least equal to the greater of:
(a) One hundred four percent of the district's baseline funding per
weighted student unit, as established in subsection 2, multiplied by the
district's 2014-15 weighted student units; or
(b) One hundred percent of the district's baseline funding as established
in subsection 1.
(2) The superintendent shall also adjust the product to ensure that the product
does not exceed one hundred twenty percent of the district's baseline
funding per weighted student unit, as established in subsection 2, multiplied
by the district's 2014-15 weighted student units.
After determining the product in accordance with subsection 3, the superintendent of
public instruction shall:
a. Subtract an amount equal to sixty mills multiplied by the taxable valuation of the
school district, provided that after 2013, the amount in dollars subtracted for
purposes of this subdivision may not exceed the previous year's amount in
dollars subtracted for purposes of this subdivision by more than twelve percent;
and
b. Subtract an amount equal to seventy-five percent of all revenues listed in
paragraphs 1 through 5, and 7 of subdivision f of subsection 1 and one hundred
percent of all revenues listed in paragraphs 6, 8, and 9 of subdivision f of
subsection 1.
The amount remaining after the computation required under subsection 4 is the
amount of state aid to which a school district is entitled, subject to any other statutory
requirements or limitations.
15.1-27-04.2. (Effective through June 30, 2015) State aid - Minimum local effort Determination.
If a district's taxable valuation per student is less than twenty percent of the state average
valuation per student, the superintendent of public instruction, for purposes of determining state
aid in accordance with section 15.1-27-04.1, shall utilize an amount equal to sixty mills times
twenty percent of the state average valuation per student multiplied by the number of weighted
student units in the district.
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15.1-27-05. School district equalization factor.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-06. Per student payments - Weighting factors - High school students.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-07. Per student payments - Weighting factors - Elementary school students.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-07.1. Kindergarten payments - Determination.
Repealed by S.L. 2013, ch. 13, § 64.
15.1-27-07.2. Baseline funding - Determination - Minimum and maximum allowable
increases.
1. The superintendent of public instruction shall determine each school district's baseline
funding per weighted student unit by:
a. Adding together all state aid received by the district during the 2006-07 school
year;
b. Subtracting the amount received by the district during the 2006-07 school year for
transportation aid, special education excess cost reimbursements, special
education contracts, prior year funding adjustments, and per student payments
for participation in educational associations governed by joint powers
agreements; and
c. Dividing the amount determined under subdivision b by the district's 2007-08
weighted student units.
2. a. The superintendent of public instruction shall ensure that the total amount of state
aid payable to a district per weighted student unit, for the 2009-10 school year, is
at least equal to one hundred eight percent of the baseline funding per weighted
student unit, as established in subsection 1.
b. The superintendent of public instruction shall ensure that the total amount of state
aid payable to a district per weighted student unit, for each school year after the
2009-10 school year, is at least equal to one hundred twelve and one-half percent
of the baseline funding per weighted student unit, as established in subsection 1.
3. The superintendent of public instruction shall ensure that the total amount of state aid
payable to a district per weighted student unit, less any amount received as equity
payments under section 15.1-27-11 per weighted student unit, does not exceed, for the
2011-12 school year, one hundred forty-two percent of the baseline funding per
weighted student unit, as established in subsection 1.
15.1-27-08. Per student payments - Unaccredited high schools.
Repealed by S.L. 2011, ch. 131, § 9.
15.1-27-09. Per student payments - Unaccredited elementary schools.
Repealed by S.L. 2011, ch. 131, § 9.
15.1-27-10. Per student payments - Special education.
1. Upon the written request of a school district, the superintendent of public instruction
may forward all or a portion of any per student special education payments to which a
school district is entitled directly to the special education unit of which the school
district is a member.
2. The superintendent of public instruction may withhold state special education funds
due a school district if, in response to a complaint, the superintendent finds that the
district is not providing a free appropriate public education to a student as required by
law. Any withholding under this subsection may not exceed an amount equal to the
cost of meeting the affected student's needs.
Page No. 9
15.1-27-11. (Suspended through June 30, 2015) Equity payments.
1. The superintendent of public instruction shall:
a. Divide the imputed taxable valuation of the state by the total average daily
membership of all school districts in the state in order to determine the state
average imputed taxable valuation per student.
b. Divide the imputed taxable valuation of each school district by the district's total
average daily membership in order to determine each district's average imputed
taxable valuation per student.
2. If a school district's imputed taxable valuation per student is less than ninety percent of
the statewide imputed taxable valuation per student, the superintendent of public
instruction shall calculate the valuation deficiency by:
a. Determining the difference between ninety percent of the state average imputed
taxable valuation per student and the district's average imputed taxable valuation
per student; and
b. Multiplying that difference by the district's total average daily membership.
3. Except as provided in subsection 4, the equity payment to which a district is entitled
under this section equals the district's valuation deficiency multiplied by the lesser of:
a. The district's general fund levy for the taxable year 2008; or
b. One hundred eighty-five mills.
4. a. The equity payment to which a district is entitled may not exceed the district's
taxable valuation multiplied by its general fund levy for the taxable year 2008.
b. If a district's general fund levy for the taxable year 2008 is less than one hundred
eighty-five mills, the superintendent of public instruction shall subtract the
district's general fund levy for the taxable year 2008 from one hundred eighty-five
mills, multiply the result by the district's taxable valuation, and subtract that result
from the equity payment to which the district is otherwise entitled.
c. If a district's imputed taxable valuation per student is less than fifty percent of the
statewide imputed taxable valuation per student, the payment to which the district
is entitled under this section may not be less than twenty percent of the statewide
imputed taxable valuation per student times the school district's average daily
membership, multiplied by one hundred eighty-five mills.
5. In determining the amount to which a school district is entitled under this section, the
superintendent of public instruction may not include any payments received by the
district as a result of Public Law No. 81-874 [64 Stat. 1100; 20 U.S.C. 236 et seq.] and
may not include in the district's average daily membership students who are
dependents of members of the armed forces and students who are dependents of
civilian employees of the department of defense.
6. In determining the statewide average imputed taxable valuation per student for
purposes of this section, the superintendent of public instruction may not include:
a. Any school district, which if included in the calculation would have an imputed
taxable valuation per student that is three times greater than the statewide
average imputed taxable valuation per student; and
b. Any school district, which if included in the calculation would have an imputed
taxable valuation per student that is less than one-fifth of the statewide average
imputed taxable valuation per student.
7. For purposes of this section:
a. "General fund levy" includes a district's high school transportation levy and its
high school tuition levy.
b. "Imputed taxable valuation" means the valuation of all taxable real property in the
district plus:
(1) An amount determined by dividing seventy percent of the district's mineral
and tuition revenue, revenue from payments in lieu of property taxes on
distribution and transmission of electric power, revenue from payments in
lieu of taxes from electricity generated from sources other than coal, and
revenue received on account of the leasing of lands acquired by the United
States for flood control, navigation, and allied purposes in accordance with
Page No. 10
c.
d.
33 U.S.C. 701c-3 by the district's general fund mill levy for the taxable year
2008; and
(2) An amount determined by dividing the district's revenue from mobile home
taxes and telecommunications taxes by the district's general fund mill levy
for the taxable year 2008.
"Mineral revenue" includes all revenue from county sources reported under code
2000 of the North Dakota school district financial accounting and reporting
manual as developed by the superintendent of public instruction in accordance
with section 15.1-02-08.
"Tuition revenue" includes all revenue reported under code 1300 of the North
Dakota school district financial accounting and reporting manual as developed by
the superintendent of public instruction in accordance with section 15.1-02-08.
"Tuition revenue" does not include tuition income received specifically for the
operation of an educational program provided at a residential treatment facility.
15.1-27-12. Per student payments - English language learners.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-13. Per student payments - Students on active duty.
A school district is entitled to receive payments under this chapter for a student who is
absent up to one semester because the student is a member of the North Dakota national guard
and is engaged in active duty or training within or outside the state.
15.1-27-14. Per student payments - Students attending school out of state.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-15. Isolated schools.
Repealed by S.L. 2011, ch. 147, § 44.
15.1-27-15.1. Isolated school districts - Transition payments.
If during the 2010-11 school year, a school district received payments as a result of section
15.1-27-15, as the section existed on June 30, 2011, and if that district is not eligible for the
factor established under subdivision j of subsection 1 of section 15.1-27-03.1, the district is
entitled to the following transition payments:
1. For the 2013-14 school year, an amount equal to that which the district would have
received under section 15.1-27-15, as the section existed on June 30, 2011;
2. For the 2014-15 school year, an amount equal to seventy-five percent of that which the
district would have received under section 15.1-27-15, as the section existed on
June 30, 2011;
3. For the 2015-16 school year, an amount equal to fifty percent of that which the district
would have received under section 15.1-27-15, as the section existed on June 30,
2011; and
4. For the 2016-17 school year, an amount equal to twenty-five percent of that which the
district would have received under section 15.1-27-15, as the section existed on
June 30, 2011.
15.1-27-16. Per student payments - Cooperating districts.
If any school district receiving payments under this chapter cooperates with another school
district for the joint provision of educational services under a plan approved by the
superintendent of public instruction, the superintendent of public instruction shall,
notwithstanding the provisions of section 15.1-27-03.2, create and assign a separate weighting
factor that allows the cooperating districts to receive, for a period of four years, a payment rate
equivalent to that which each district would have received had the cooperative plan not taken
effect. The superintendent of public instruction shall compute the separate weighting factor to
four decimal places and that weighting factor is effective for the duration of the cooperative plan.
Page No. 11
15.1-27-17. Per student payments - Reorganization of school districts - Separate
weighting factor.
1. Notwithstanding section 15.1-27-03.2, the superintendent of public instruction shall
create and assign a separate weighting factor to any school district that reorganizes on
or after July 1, 2007.
2. a. The separate weighting factor must allow the reorganized school district to
receive a payment rate equivalent to that which each separate school district
would have received had the reorganization not taken place.
b. The separate weighting factor must be computed to four decimal places.
c. The provisions of this subsection are effective for a period of four years from the
date of the reorganization.
3. At the beginning of the fifth and at the beginning of the sixth years after the date of the
reorganization, the superintendent of public instruction shall make proportionate
adjustments in the assigned weighting factor so that beginning with the seventh year
after the date of the reorganization, the weighting factor that will be applied to the
reorganized district is that provided in section 15.1-27-03.2.
15.1-27-18. Per student payments - Eligibility.
1. In order to be counted for the purpose of calculating per student payments, as
provided for by this chapter, a high school student must be enrolled in at least four
high school units. The units may include career and technical education courses
offered in accordance with chapter 15-20.1 and courses that are approved by the
superintendent of public instruction and offered by another high school district.
2. If a student is enrolled for graduation in a nonpublic school or if a student is taking
fewer than four high school units and is enrolled in an approved alternative high school
education program, the school district in which the student is enrolled is entitled to
receive proportionate payments.
15.1-27-19. Summer school courses and programs - Payments to school districts.
1. Before a weight may be assigned under section 15.1-27-03.1 for a student enrolled in
a high school summer course, the superintendent of public instruction shall verify that
the course meets the requirements of section 15.1-21-16.
2. Before a weight may be assigned under section 15.1-27-03.1 for a student enrolled in
an elementary summer program, the superintendent of public instruction shall verify
that the program meets the requirements of section 15.1-21-16 and complies with
rules adopted by the superintendent of public instruction.
15.1-27-20. State aid payments - Claim by school district - Appeal.
1. Any school district claiming state aid payments under this chapter shall provide to the
superintendent of public instruction, at the time and in the manner requested by the
superintendent, all information necessary for the processing of the claim.
2. If the superintendent of public instruction denies a district's claim for state aid
payments, in whole or in part, the district may appeal the determination of the
superintendent by filing a written notice with the superintendent, within thirty days from
the date on which the district received the original determination. The superintendent
of public instruction may modify the original determination if the evidence submitted by
the district justifies a modification. Upon appeal, or if a timely appeal is not made, the
determination of the superintendent is final.
15.1-27-20.1. General fund levy - Impact on state aid.
Repealed by S.L. 2009, ch. 535, § 8 and ch. 175, § 64.
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15.1-27-20.2. Taxable valuation - Impact on state aid.
1. If a school district's imputed taxable valuation per student is greater than one hundred
fifty percent of the state average imputed taxable valuation per student, the
superintendent of public instruction shall:
a. Determine the difference between the district's imputed taxable valuation per
student and one hundred fifty percent of the state average imputed taxable
valuation per student;
b. Multiply the dollar amount determined under subdivision a by the district's
average daily membership;
c. Multiply the dollar amount determined under subdivision b by one hundred
eighty-five mills;
d. Multiply the dollar amount determined under subdivision c by a factor of 0.75; and
e. Subtract the dollar amount determined under subdivision d from the total amount
of state aid to which the district is otherwise entitled.
2. For purposes of this section, "imputed taxable valuation" means the valuation of all
taxable real property in the district plus an amount determined by dividing the district's
mineral and tuition revenue by sixty percent of the district's general fund mill levy.
Beginning July 1, 2008, "imputed taxable valuation" means the valuation of all taxable
real property in the district plus an amount determined by dividing seventy percent of
the district's mineral and tuition revenue by the district's general fund mill levy.
15.1-27-21. Payment to school district - Property valuation changes.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-22. Insufficient moneys - Fractional payments.
If moneys in the state general fund are insufficient to make all payments to school districts,
the superintendent of public instruction shall prorate the payments on a fractional basis. As
additional moneys come into the fund, payments may be made until the school districts receive
all moneys to which they are entitled. If an appropriation made by the legislative assembly is
inadequate to meet all claims against the appropriation and is therefore the cause of the
insufficiency, the prorated fractional payments made under this section constitute payment in
full.
15.1-27-22.1. (Suspended through June 30, 2015) Distribution of remaining moneys.
If any money remains in the grants - state aid line item after the superintendent complies
with all statutory payment obligations imposed for a biennium, the superintendent shall use the
remaining moneys to provide additional per student payments on a prorated basis according to
the latest available average daily membership of each school district.
15.1-27-23. Weather or other emergency conditions - Closure of schools - State aid
payments to school districts.
1. If because of severe weather or other emergency conditions a public school or school
district remains closed or provides less than a full day of instruction, the public school
or school district shall make every effort to reschedule classes so that students receive
at least the number of full instructional days required by section 15.1-06-04.
2. Any public school or school district for which the rescheduling of classes would create
undue hardship may request that, for purposes of calculating state aid payments to the
school district, the governor waive the rescheduling in whole or in part.
3. The governor may not grant a waiver for less than a full day of instruction. However, if
a public school or school district closes for only a portion of its regular schoolday, the
hours during which the school or school district is closed may be added together to
determine the number of additional full days of instruction that may be waived under
this section.
Page No. 13
15.1-27-24. Taylor Grazing Act funds - Disposition.
The state treasurer shall apportion payments from the federal government to this state
under the provisions of 43 United States Code 315i (the Taylor Grazing Act) among the counties
in the state in the proportion that the number of acres [hectares] of Taylor Grazing Act land in
each county bears to the total amount of Taylor Grazing Act land in the state. The state
treasurer shall provide the payment to the county treasurer of each county receiving payments
as directed by the United States bureau of land management. Each county treasurer receiving
payments shall distribute the funds to school districts in that county on the basis of average
daily membership of all students residing within the county.
15.1-27-25. Royalties available under federal law - Distribution to counties and school
districts - Continuing appropriation.
1. Any money paid to the state by the secretary of the treasury of the United States under
the provisions of an Act of Congress entitled "An Act to promote the mining of coal,
phosphate, oil, oil shale, gas, and sodium on the public domain" [Pub. L. 66-146;
41 Stat. 437; 30 U.S.C. 181 et seq.] must be credited to the state general fund and the
federal mineral royalties distribution fund and must be distributed only pursuant to the
terms of this section.
2. Within three months following the calendar quarters ending in March, June,
September, and December, the state auditor shall certify to the state treasurer the
amount of money the state received during the preceding calendar quarter for royalties
under the Act of Congress cited in subsection 1.
3. The state treasurer shall allocate the percentage of the total moneys received as
required by this section among the counties in which the minerals were produced
based on the proportion each county's mineral royalty revenue bears to the total
mineral royalty revenue received by the state for that calendar quarter. The state
treasurer shall pay the amount calculated to each county.
4. The counties may use any money received under this section only for the planning,
construction, and maintenance of public facilities and the provision of public services.
As used in this section, public facilities include any facility used primarily for public use
as determined by the board of county commissioners whether located on public or
private property.
5. The percentage of money received by the state under the Act of Congress cited in
subsection 1 which must be allocated and paid to the counties under this section is
fifty percent.
6. Any remaining money received by the state under the Act of Congress cited in
subsection 1 must be distributed to school districts as provided for in this chapter. Any
moneys distributed under this subsection are deemed the first moneys withdrawn or
expended from the general fund for the purpose of state aid to school districts.
7. A reserve for distributions to counties pursuant to this section is created as a special
fund in the state treasury known as the federal mineral royalties distribution fund. The
state treasurer shall deposit in the fund fifty percent of amounts received pursuant to
this section.
8. The funds needed to make the distribution to counties, as provided for in this section,
are hereby appropriated on a continuing basis.
15.1-27-26. School district transportation of students - Payments.
Repealed by S.L. 2003, ch. 667, § 41.
15.1-27-27. School district transportation of special education students - Payments.
Repealed by S.L. 2003, ch. 667, § 41.
15.1-27-28. School district transportation of career and technical education students Payments.
Repealed by S.L. 2003, ch. 667, § 41.
Page No. 14
15.1-27-29. Transportation payments - Certification of information.
Repealed by S.L. 2003, ch. 667, § 41.
15.1-27-30. School district closure - Distribution of transportation payments.
Repealed by S.L. 2003, ch. 667, § 41.
15.1-27-31. State transportation payments to school districts.
Repealed by S.L. 2003, ch. 667, § 41.
15.1-27-32. School district closure - Distribution of per student special education
payments.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-33. Nonoperating school districts - Education of students - State payments.
Repealed by S.L. 2005, ch. 172, § 1.
15.1-27-34. Transfer of funds prohibited - Youth correctional center.
The superintendent of public instruction may not transfer any portion of the funds
appropriated for state aid payments to the youth correctional center to support the provision of
educational services by the youth correctional center.
15.1-27-35. Average daily membership - Calculation.
1. Average daily membership is calculated at the conclusion of the school year by adding
the total number of days that each student in a given grade, school, or school district is
in attendance during a school calendar and the total number of days that each student
in a given grade, school, or school district is absent during a school calendar, and then
dividing the sum by the greater of:
a. The school district's calendar; or
b. One hundred eighty-two.
2. For purposes of calculating average daily membership, all students are deemed to be
in attendance on:
a. The three holidays listed in subdivisions b through j of subsection 1 of section
15.1-06-02 and selected by the school board in consultation with district teachers;
b. The two days set aside for professional development activities under section
15.1-06-04; and
c. The two full days, or portions thereof, during which parent-teacher conferences
are held or which are deemed by the board of the district to be compensatory
time for parent-teacher conferences held outside regular school hours.
3. For purposes of calculating average daily membership:
a. A student enrolled full time in any grade from one through twelve may not exceed
an average daily membership of 1.00. The membership may be prorated for a
student who is enrolled less than full time.
b. A student enrolled full time in an approved regular education kindergarten
program may not exceed an average daily membership of 1.00. The membership
may be prorated for a student who is enrolled less than full time.
c. A student enrolled full time, as defined by the superintendent of public instruction,
in an approved early childhood special education program may not exceed an
average daily membership of 1.00. The membership may be prorated for a
student who is enrolled less than full time.
15.1-27-35.1. Average daily membership - Reduction in grade levels.
If a school district offers fewer grade levels than the district offered the previous school year,
the superintendent of public instruction shall determine the district's average daily membership
using only those grade levels that the district offers during the current school year.
Page No. 15
15.1-27-35.2. Average daily membership - Dissolved school districts.
For purposes of determining state aid, the superintendent of public instruction shall amend
the average daily membership of any school district that enrolls students who attended a
dissolved school district during the school year prior to the dissolution.
15.1-27-35.3. (Effective through June 30, 2015) Payments to school districts Unobligated general fund balance.
1. a. The superintendent of public instruction shall determine the amount of payments
due a school district and shall subtract from that the amount by which the
unobligated general fund balance of the district on the preceding June thirtieth is
in excess of forty-five percent of its actual expenditures, plus twenty thousand
dollars.
b. Beginning July 1, 2015, the superintendent of public instruction shall determine
the amount of payments due to a school district and shall subtract from that the
amount by which the unobligated general fund balance of the district on the
preceding June thirtieth is in excess of forty percent of its actual expenditures,
plus twenty thousand dollars.
c. Beginning July 1, 2017, the superintendent of public instruction shall determine
the amount of payments due to a school district and shall subtract from that the
amount by which the unobligated general fund balance of the district on the
preceding June thirtieth is in excess of thirty-five percent of its actual
expenditures, plus twenty thousand dollars.
2. In making the determination required by subsection 1, the superintendent of public
instruction may not include in a district's unobligated general fund balance any moneys
that were received by the district from the federal education jobs fund program.
3. For purposes of this section, a district's unobligated general fund balance includes all
moneys in the district's miscellaneous fund, as established under section 57-15-14.2.
(Effective after June 30, 2015) Payments to school districts - Unobligated general
fund balance.
1. The superintendent of public instruction shall determine the amount of payments due a
school district and shall subtract from that the amount by which the unobligated
general fund balance of the district on the preceding June thirtieth is in excess of
forty-five percent of its actual expenditures, plus twenty thousand dollars.
2. In making the determination required by subsection 1, the superintendent of public
instruction may not include in a district's unobligated general fund balance any moneys
that were received by the district from the federal education jobs fund program.
15.1-27-36. Definitions.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-37. Compensation of teachers - Claim for reimbursement - Rules.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-38. Compensation of teachers - Distribution of reimbursements.
Repealed by S.L. 2007, ch. 163, § 58.
15.1-27-39. Annual salary - Minimum amount.
Beginning with the 2014-15 school year, the board of each school district shall provide to
each full-time teacher, under contract for a period of nine months, a minimum salary level for the
contract period equal to at least twenty-seven thousand five hundred dollars.
15.1-27-40. Approved joint powers agreement - Report of expenses.
Repealed by S.L. 2007, ch. 162, § 18.
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15.1-27-41. North Dakota commission on education improvement - Membership Duties - Report to legislative council - Reimbursement for expenses.
Repealed by S.L. 2009, ch. 175, § 65.
15.1-27-42. (Suspended through June 30, 2015) Military installation school districts Eligibility for state aid and equity payments.
If at any time the board of a United States military installation school district assumes
responsibility for the direct provision of education to its students, the superintendent of public
instruction shall include all students being educated by the board in the district's average daily
membership, both for purposes of determining any state aid to which the district is entitled and
for purposes of determining any equity payments to which the district is entitled under section
15.1-27-11.
15.1-27-43. (Suspended through June 30, 2015) Reorganized district - Continuation of
equity payment.
If a school district that received an equity payment under section 15.1-27-11 becomes part
of a reorganized district after June 30, 2010, the newly reorganized district is entitled to receive,
for a period of two years, an amount equal to the greater of:
1. The equity payment received by each of the school districts during the school year
immediately preceding the reorganization; or
2. The equity payment to which the newly reorganized school district is entitled under
section 15.1-27-11.
15.1-27-44. (Suspended through June 30, 2015) Dissolved district - Continuation of
equity payment.
If a school district that received an equity payment under section 15.1-27-11 dissolves after
June 30, 2009, any school district that receives a portion of the dissolved district's land is
entitled to receive, for a period of two years, an amount equal to the greatest of:
1. That percentage of the dissolved school district's equity payment from the school year
immediately preceding the dissolution which is the same as that percentage of the
dissolved district's land which was attached to the receiving district;
2. The same equity payment to which the receiving school district was entitled in the
school year immediately preceding the dissolution; or
3. The equity payment to which the receiving school district is entitled under section
15.1-27-11.
15.1-27-45. (Effective through June 30, 2015) Property tax relief fund.
1. a. The property tax relief fund is a special fund in the state treasury. On July 1,
2013, the state treasurer shall change the name of the property tax relief
sustainability fund established under section 57-64-05 to the property tax relief
fund, as established by this section, and any unobligated balance in the property
tax relief sustainability fund must be retained in the property tax relief fund.
b. The legislative council shall change the name of the property tax relief
sustainability fund to the property tax relief fund in the North Dakota Century
Code, in its supplements, and in all statutory compilations generated as a result
of action by the sixty-third legislative assembly.
2. Moneys in the property tax relief fund may be expended pursuant to legislative
appropriations for property tax relief programs.
3. On or before the third Monday in each January, February, March, April, August,
September, October, November, and December, the office of management and budget
shall certify to the superintendent of public instruction the amount of the property tax
relief fund. The superintendent shall include the amount certified in determining the
state aid payments to which each school district is entitled under chapter 15.1-27.
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