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2014 Op. N.D. Att'y Gen. 1 (2014)

handle is hein.sag/sagnd0044 and id is 1 raw text is: LETTER OPINION
January 14, 2014
Ms. Kirsten Baesler
State Superintendent
Department of Public Instruction
600 E Boulevard Ave Dept. 201
Bismarck, ND 58505
Dear Ms. Baesler:
This office received a request for an opinion regarding the ability of home educated
students to use the open enrollment process and participate in academic classes and
extracurricular activities.
For the reasons set forth below, it is my opinion that a home educated student may
open enroll to a non-resident school district for the purpose of participating in academic
courses. It is also my opinion that a home educated student may not open enroll to a
non-resident school district for the sole purpose of participating in extracurricular
You ask whether a home educated child may utilize the open enrollment process, as set
out in N.D.C.C. ch. 15.1-31. The open enrollment statute provides, in part:
[A] parent who wishes to enroll a student in a North Dakota school district
other than the student's district of residence shall file an application for
approval with the board of the admitting district and shall file a copy of the
application with the student's district of residence.1
The open enrollment chapter sets out a distinct process independent from the home
education chapter. Home educated students are not specifically prohibited from utilizing

1 N.D.C.C. 15.1-31-01(1).

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