Section 15.1-29-01 - Education of students in bordering states - Payment of tuition1. A student may attend school in a bordering state in accordance with section 15.1-29-02 provided: a.(1) The student lives within forty miles [64.37 kilometers] of another state; or(2) The student lives in a county bordering on another state; andb. The student has received approval from the board of the student's school district of residence.2. If the school board of the district in which the student resides denies a request for a student's attendance in and payment of tuition to another state, the student's parent may appeal the decision to the three-member committee referenced in section 15.1-29-06. a. If the three-member committee determines that the student meets the terms of subsection 1, the student may attend school in the bordering state and the board of the student's school district of residence shall pay the tuition.b. If the three-member committee determines the student falls within the terms of subdivision a of subsection 1, then the three-member committee shall make its decision using the criteria specified in section 15.1-29-06.c. Notwithstanding the provisions of this section, if a student's school district of residence does not provide for the education of kindergarten students, the district may not pay tuition for a kindergarten student to attend school in a bordering state.d. Any decision by the three-member committee regarding the payment of tuition for high school, elementary, or kindergarten students may be appealed by the school board or by the student's parent to the state board of public school education. A decision by the state board is final.3. A student attending an out-of-state school under this section is deemed to be enrolled in the student's school district of residence for purposes of determining average daily membership. The student's district of residence may reduce any tuition payment it must make to an out-of-state school by an amount commensurate with the tuition costs the district would be entitled to receive as compensation for a student from the out-of-state district enrolled in its school.4. Nothing in this section requires that a school district of residence provide student transportation or payments in lieu of transportation for students attending out-of-state schools.