# Title 15.1 — Elementary and Secondary Education

## 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 September payment unless the district has filed the
September tenth fall enrollment report with the superintendent.
2. 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; and
c. The personnel report forms for licensed and nonlicensed employees.
3. 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. 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 an extended
educational program in accordance with section 15.1-32-17;
b. 0.60 the number of full-time equivalent students enrolled in a summer education
program, including a migrant summer education program;
c. 0.40 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;
d. 0.28 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;
e. 0.25 the number of full-time equivalent students under the age of twenty-one
enrolled in grades nine through twelve in an alternative high school;
f. 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;
g. 0.17 the number of full-time equivalent students enrolled in an early childhood
special education program;
h. 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;
i. 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;
j. 0.088 the number of students enrolled in average daily membership, in order to
support the provision of special education services;
k. 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;
l. 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.];
m. 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;
n. 1.0 the number of students by which the district's September tenth enrollment
report exceeds the number of students in the prior year's average daily
membership; and
o. For districts paid based on September tenth enrollment in the prior year, 1.00 the
number of students determined by deducting the number of students in the prior
year's September tenth enrollment from the prior year's average daily
membership. If the prior year's September tenth enrollment exceeds the prior

year's average daily membership, then a deduction of 1.00 the number of excess
students.
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.
### § 15.1-27-03.2. School district size weighting factor - Weighted student units.

(Effective
through June 30, 2028)
1. For each school district in the state, the superintendent of public instruction shall
assign a baseline school district size weighting factor of:
a. 1.36 if the students in average daily membership number fewer than 110;
b. 1.35 if the students in average daily membership number at least 110 but fewer
than 125;
c. 1.34 if the students in average daily membership number at least 125 but fewer
than 130;
d. 1.33 if the students in average daily membership number at least 130 but fewer
than 135;
e. 1.32 if the students in average daily membership number at least 135 but fewer
than 140;
f. 1.31 if the students in average daily membership number at least 140 but fewer
than 145;
g. 1.30 if the students in average daily membership number at least 145 but fewer
than 150;
h. 1.29 if the students in average daily membership number at least 150 but fewer
than 155;
i. 1.28 if the students in average daily membership number at least 155 but fewer
than 160;
j. 1.27 if the students in average daily membership number at least 160 but fewer
than 165;
k. 1.26 if the students in average daily membership number at least 165 but fewer
than 175;
l. 1.25 if the students in average daily membership number at least 175 but fewer
than 185;
m. 1.24 if the students in average daily membership number at least 185 but fewer
than 200;
n. 1.23 if the students in average daily membership number at least 200 but fewer
than 215;
o. 1.22 if the students in average daily membership number at least 215 but fewer
than 230;
p. 1.21 if the students in average daily membership number at least 230 but fewer
than 245;
q. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;
r. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
s. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
t. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
u. 1.16 if the students in average daily membership number at least 280 but fewer
than 285;
v. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
w. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;

x. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
y. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
z. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
aa. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
bb. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
cc. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
dd. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
ee. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
ff. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
gg. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;
hh. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
ii. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
jj. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
kk. 1.00 if the students in average daily membership number at least 900.
2. Beginning with the 2021-22 school year and each school year thereafter until the
2027-28 school year, the superintendent of public instruction shall assign a school
district size weighting factor determined by increasing the baseline weighting factor
under subsection 1 each year by fourteen and twenty-nine hundredths percent of the
difference between the weighting factor under this subsection and the baseline
weighting factor under subsection 1 for the same school district size. For the 2027-28
school year and each school year thereafter, the superintendent of public instruction
shall assign a school district size weighting factor of:
a. 1.72 if the students in average daily membership number fewer than 110;
b. 1.68 if the students in average daily membership number at least 110 but fewer
than 125;
c. 1.64 if the students in average daily membership number at least 125 but fewer
than 130;
d. 1.60 if the students in average daily membership number at least 130 but fewer
than 135;
e. 1.56 if the students in average daily membership number at least 135 but fewer
than 140;
f. 1.52 if the students in average daily membership number at least 140 but fewer
than 145;
g. 1.49 if the students in average daily membership number at least 145 but fewer
than 150;
h. 1.45 if the students in average daily membership number at least 150 but fewer
than 155;
i. 1.42 if the students in average daily membership number at least 155 but fewer
than 160;
j. 1.39 if the students in average daily membership number at least 160 but fewer
than 165;
k. 1.36 if the students in average daily membership number at least 165 but fewer
than 175;

l. 1.33 if the students in average daily membership number at least 175 but fewer
than 185;
m. 1.30 if the students in average daily membership number at least 185 but fewer
than 200;
n. 1.27 if the students in average daily membership number at least 200 but fewer
than 215;
o. 1.25 if the students in average daily membership number at least 215 but fewer
than 230;
p. 1.22 if the students in average daily membership number at least 230 but fewer
than 245;
q. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;
r. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
s. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
t. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
u. 1.16 if the students in average daily membership number at least 280 but fewer
than 285;
v. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
w. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;
x. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
y. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
z. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
aa. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
bb. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
cc. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
dd. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
ee. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
ff. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
gg. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;
hh. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
ii. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
jj. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
kk. 1.00 if the students in average daily membership number at least 900.
3. The superintendent of public instruction shall impute an average daily membership for
each school district that does not include a high school and use the imputed average
daily membership to determine the school district size weighting factor under this
section. To determine the imputed average daily membership, the superintendent of
public instruction shall divide the school district's average daily membership by 0.60.

4. 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. For school districts that operate multiple kindergarten through grade
twelve buildings at least fourteen miles [22.53 kilometers] apart, or multiple buildings at
least fourteen miles [22.53 kilometers] apart with no replicated grades, the
superintendent of public instruction shall determine the school size weighting factor for
each building separately, with no adjustment for elementary schools. The
superintendent of public instruction shall multiply the school size weighting factor for
each building by the school district's weighted average daily membership to determine
each building's weighted student units. The superintendent of public instruction shall
combine the weighted student units of all buildings in the school district to determine
the school district's weighted student units.
5. 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.
School district size weighting factor - Weighted student units. (Effective after
June 30, 2028)
1. For each school district in the state, the superintendent of public instruction shall
assign a baseline school district size weighting factor of:
a. 1.36 if the students in average daily membership number fewer than 110;
b. 1.35 if the students in average daily membership number at least 110 but fewer
than 125;
c. 1.34 if the students in average daily membership number at least 125 but fewer
than 130;
d. 1.33 if the students in average daily membership number at least 130 but fewer
than 135;
e. 1.32 if the students in average daily membership number at least 135 but fewer
than 140;
f. 1.31 if the students in average daily membership number at least 140 but fewer
than 145;
g. 1.30 if the students in average daily membership number at least 145 but fewer
than 150;
h. 1.29 if the students in average daily membership number at least 150 but fewer
than 155;
i. 1.28 if the students in average daily membership number at least 155 but fewer
than 160;
j. 1.27 if the students in average daily membership number at least 160 but fewer
than 165;
k. 1.26 if the students in average daily membership number at least 165 but fewer
than 175;
l. 1.25 if the students in average daily membership number at least 175 but fewer
than 185;
m. 1.24 if the students in average daily membership number at least 185 but fewer
than 200;
n. 1.23 if the students in average daily membership number at least 200 but fewer
than 215;
o. 1.22 if the students in average daily membership number at least 215 but fewer
than 230;
p. 1.21 if the students in average daily membership number at least 230 but fewer
than 245;
q. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;

r. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
s. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
t. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
u. 1.16 if the students in average daily membership number at least 280 but fewer
than 285;
v. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
w. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;
x. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
y. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
z. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
aa. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
bb. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
cc. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
dd. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
ee. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
ff. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
gg. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;
hh. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
ii. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
jj. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
kk. 1.00 if the students in average daily membership number at least 900.
2. Beginning with the 2021-22 school year and each school year thereafter until the
2027-28 school year, the superintendent of public instruction shall assign a school
district size weighting factor determined by increasing the baseline weighting factor
under subsection 1 each year by fourteen and twenty-nine hundredths percent of the
difference between the weighting factor under this subsection and the baseline
weighting factor under subsection 1 for the same school district size. For the 2027-28
school year and each school year thereafter, the superintendent of public instruction
shall assign a school district size weighting factor of:
a. 1.72 if the students in average daily membership number fewer than 110;
b. 1.68 if the students in average daily membership number at least 110 but fewer
than 125;
c. 1.64 if the students in average daily membership number at least 125 but fewer
than 130;
d. 1.60 if the students in average daily membership number at least 130 but fewer
than 135;
e. 1.56 if the students in average daily membership number at least 135 but fewer
than 140;

f. 1.52 if the students in average daily membership number at least 140 but fewer
than 145;
g. 1.49 if the students in average daily membership number at least 145 but fewer
than 150;
h. 1.45 if the students in average daily membership number at least 150 but fewer
than 155;
i. 1.42 if the students in average daily membership number at least 155 but fewer
than 160;
j. 1.39 if the students in average daily membership number at least 160 but fewer
than 165;
k. 1.36 if the students in average daily membership number at least 165 but fewer
than 175;
l. 1.33 if the students in average daily membership number at least 175 but fewer
than 185;
m. 1.30 if the students in average daily membership number at least 185 but fewer
than 200;
n. 1.27 if the students in average daily membership number at least 200 but fewer
than 215;
o. 1.25 if the students in average daily membership number at least 215 but fewer
than 230;
p. 1.22 if the students in average daily membership number at least 230 but fewer
than 245;
q. 1.20 if the students in average daily membership number at least 245 but fewer
than 260;
r. 1.19 if the students in average daily membership number at least 260 but fewer
than 270;
s. 1.18 if the students in average daily membership number at least 270 but fewer
than 275;
t. 1.17 if the students in average daily membership number at least 275 but fewer
than 280;
u. 1.16 if the students in average daily membership number at least 280 but fewer
than 285;
v. 1.15 if the students in average daily membership number at least 285 but fewer
than 290;
w. 1.14 if the students in average daily membership number at least 290 but fewer
than 295;
x. 1.13 if the students in average daily membership number at least 295 but fewer
than 300;
y. 1.12 if the students in average daily membership number at least 300 but fewer
than 305;
z. 1.11 if the students in average daily membership number at least 305 but fewer
than 310;
aa. 1.10 if the students in average daily membership number at least 310 but fewer
than 320;
bb. 1.09 if the students in average daily membership number at least 320 but fewer
than 335;
cc. 1.08 if the students in average daily membership number at least 335 but fewer
than 350;
dd. 1.07 if the students in average daily membership number at least 350 but fewer
than 360;
ee. 1.06 if the students in average daily membership number at least 360 but fewer
than 370;
ff. 1.05 if the students in average daily membership number at least 370 but fewer
than 380;
gg. 1.04 if the students in average daily membership number at least 380 but fewer
than 390;

hh. 1.03 if the students in average daily membership number at least 390 but fewer
than 400;
ii. 1.02 if the students in average daily membership number at least 400 but fewer
than 600;
jj. 1.01 if the students in average daily membership number at least 600 but fewer
than 900; and
kk. 1.00 if the students in average daily membership number at least 900.
3. The superintendent of public instruction shall impute an average daily membership for
each school district that does not include a high school and use the imputed average
daily membership to determine the school district size weighting factor under this
section. To determine the imputed average daily membership, the superintendent of
public instruction shall divide the school district's average daily membership by 0.60.
4. 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. For for school districts that operate multiple kindergarten through grade
twelve buildings at least fourteen miles [22.53 kilometers] apart, or multiple buildings at
least fourteen miles [22.53 kilometers] apart with no replicated grades, the
superintendent of public instruction shall determine the school size weighting factor for
each building separately. The superintendent of public instruction shall multiply the
school size weighting factor for each building by the school district's weighted average
daily membership to determine each building's weighted student units. The
superintendent of public instruction shall combine the weighted student units of all
buildings in the school district to determine the school district's weighted student units.
5. 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.
### § 15.1-27-04. Per student payment rate.

Repealed by S.L. 2015, ch. 137, § 38.
### § 15.1-27-04.1. Baseline funding - Establishment - Determination of state aid.

1. 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
2018-19 school year;
b. An amount equal to the property tax deducted by the superintendent of public
instruction to determine the 2018-19 state aid payment;
c. An amount equal to seventy-five percent of the revenue received by the school
district during the 2017-18 school year for the following revenue types:
(1) Revenue 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) 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) Tuition 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, tuition
received for the provision of an adult farm management program, and

beginning in the 2025-26 school year, eighty-five percent of tuition received
under an agreement to educate students from a school district on an
air force base with funding received through federal impact aid, until the
2026-27 school year, and each school year thereafter, when all tuition
received under an agreement to educate students from a school district on
an air force base with funding received through federal impact aid must be
excluded from the tuition calculation under this paragraph;
(4) Revenue from payments in lieu of taxes on the distribution and transmission
of electric power;
(5) Revenue from payments in lieu of taxes on electricity generated from
sources other than coal; and
(6) Revenue 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);
d. An amount equal to the total revenue received by the school district during the
2017-18 school year for the following revenue types:
(1) Mobile home tax revenue;
(2) Telecommunications tax revenue; and
(3) Revenue from payments in lieu of taxes and state reimbursement of the
homestead credit and disabled veterans credit; and
e. Beginning with the 2020-21 school year, the superintendent shall reduce the
baseline funding for any school district that becomes an elementary district
pursuant to section 15.1-07-27 after the 2012-13 school year. The reduction must
be proportional to the number of weighted student units in the grades that are
offered through another school district relative to the total number of weighted
student units the school district offered in the year before the school district
became an elementary district. The reduced baseline funding applies to the
calculation of state aid for the first school year in which the school district
becomes an elementary district and for each year thereafter. For districts that
become an elementary district prior to the 2020-21 school year, the
superintendent shall use the reduced baseline funding to calculate state aid for
the 2020-21 school year and for each year thereafter.
2. a. The superintendent shall divide the district's baseline funding determined in
subsection 1 by the district's 2017-18 weighted student units to determine the
district's baseline funding per weighted student unit.
b. For any school district that becomes an elementary district pursuant to section
district's baseline funding per weighted student unit used to calculate state aid.
The superintendent shall divide the district's baseline funding determined in
subsection 1 by the district's weighted student units after the school district
becomes an elementary district to determine the district's adjusted baseline
funding per weighted student unit. The superintendent shall use the district's
adjusted baseline funding per weighted student unit in the calculation of state aid
for the first school year in which the school district becomes an elementary district
and for each year thereafter.
c. Beginning with the 2021-22 school year and for each school year thereafter, the
superintendent shall reduce the district's baseline funding per weighted student
unit. Each year the superintendent shall calculate the amount by which the
district's baseline funding per weighted student unit exceeds the payment per
weighted student unit provided in subsection 3. For the 2023-24 school year the
superintendent shall reduce the district's baseline funding per weighted student
unit by forty percent of the amount by which the district's baseline funding per
weighted student unit exceeds the payment per weighted student unit for the
2023-24 school year. For each year thereafter, the reduction percentage is
increased by an additional fifteen percent. However, the district's baseline funding
per weighted student unit, after the reduction, may not be less than the payment
per weighted student unit provided in subsection 3.

3. a. For the 2025-26 school year, the superintendent shall calculate state aid as the
greater of:
(1) The district's weighted student units multiplied by eleven thousand three
hundred forty-nine dollars;
(2) One hundred two percent of the district's baseline funding per weighted
student unit, as established in subsection 2, multiplied by the district's
weighted student units, not to exceed the district's 2017-18 baseline
weighted student units, plus any weighted student units in excess of the
2017-18 baseline weighted student units multiplied by eleven thousand
three hundred forty-nine dollars; or
(3) The district's baseline funding as established in subsection 1 less the
amount in paragraph 1, with the difference reduced by seventy percent and
then the difference added to the amount determined in paragraph 1.
b. For the 2026-27 school year and each school year thereafter, the superintendent
shall calculate state aid as the greater of:
(1) The district's weighted student units multiplied by eleven thousand
six hundred thirty-three dollars;
(2) One hundred two percent of the district's baseline funding per weighted
student unit, as established in subsection 2, multiplied by the district's
weighted student units, not to exceed the district's 2017-18 baseline
weighted student units, plus any weighted student units in excess of the
2017-18 baseline weighted student units multiplied by eleven thousand
six hundred thirty-three dollars; or
(3) The district's baseline funding as established in subsection 1 less the
amount in paragraph 1, with the difference reduced by eighty-five percent
for the 2026-27 school year and the reduction percentage increasing by
fifteen percent each school year thereafter until the difference is reduced to
zero, and then the difference added to the amount determined in
paragraph 1.
4. 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; and
b. Subtract an amount equal to seventy-five percent of all revenue types listed in
subdivision c and paragraphs 1 and 2 of subdivision d of subsection 1 and
revenue from payments in lieu of taxes. Before determining the deduction for
seventy-five percent of all revenue types, the superintendent of public instruction
shall adjust revenues as follows:
(1) Tuition revenue shall be adjusted as follows:
(a) In addition to deducting tuition revenue received specifically for the
operation of an educational program provided at a residential
treatment facility, tuition revenue received for the provision of an adult
farm management program, tuition received for the education of
high-cost and special education students, and tuition received under
an agreement to educate students from a school district on an
air force base with funding received through federal impact aid as
directed each school year in paragraph 3 of subdivision c of
subsection 1, the superintendent of public instruction also shall reduce
the total tuition reported by the school district by the amount of tuition
revenue received for the education of students not residing in the state
and for which the state has not entered a cross-border education
contract; and
(b) The superintendent of public instruction also shall reduce the total
tuition reported by admitting school districts meeting the requirements
of subdivision e of subsection 2 of section 15.1-29-12 by the amount

of tuition revenue received for the education of students residing in an
adjacent school district.
(2) After adjusting tuition revenue as provided in paragraph 1, the
superintendent shall reduce all remaining revenues from all revenue types
by the percentage of mills levied in 2024 by the school district for sinking
and interest relative to the total mills levied in 2024 by the school district for
all purposes.
5. 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.
6. On or before June thirtieth of each year, the school board shall certify to the
superintendent of public instruction the final average daily membership for the current
school year.
7. For purposes of the calculation in subsection 4, each county auditor, in collaboration
with the school districts, shall report the following to the superintendent of public
instruction on an annual basis:
a. The amount of revenue received by each school district in the county during the
previous school year for each type of revenue identified in subdivisions c and d of
subsection 1;
b. The total number of mills levied in the previous calendar year by each school
district for all purposes; and
c. The number of mills levied in the previous calendar year by each school district
for sinking and interest fund purposes.
### § 15.1-27-04.2. 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.
### § 15.1-27-04.3. Adjustment to state aid - Local property tax effort.

Expired under S.L. 2019, ch. 149, § 27.
### § 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.
Repealed by S.L. 2015, ch. 137, § 38.
### § 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.
### § 15.1-27-11. Equity payments.

Repealed by S.L. 2015, ch. 137, § 38.
### § 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 h 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.

1. 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.

2. A school district that is cooperating with another school district under a cooperative
plan approved by the superintendent of public instruction, and which has taxable
property located in the same city as the other school district under the cooperative
plan, may not be required as part of the cooperative plan to:
a. Provide unduplicated grade level services; or
b. Share administrative personnel.
### § 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.
### § 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. Distribution of remaining moneys.

Repealed by S.L. 2015, ch. 137, § 38.
### § 15.1-27-23. Weather or other conditions - Closure of schools - State aid payments to

school districts.
1. The board of each school district shall establish the length of a period, day, and week
in accordance with the requirements of section 15.1-06-04. If a public school or school
district is closed or provides less than a full day of instruction, the public school or
school district shall reschedule those hours to ensure students receive at least the
minimum number of instructional hours required by subdivision a of subsection 1 of
section 15.1-06-04. A school or school district may satisfy the requirements of this
section by providing virtual instruction under 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.
### § 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.
### § 15.1-27-26.1. School district transportation of students - Payments.

Repealed by S.L. 2025, ch. 196, § 4.
### § 15.1-27-27. School district transportation of special education students - Payments.

Repealed by S.L. 2003, ch. 667, § 41.
### § 15.1-27-27.1. School district transportation of special education students - Payments.

Repealed by S.L. 2025, ch. 196, § 4.

### § 15.1-27-28. School district transportation of career and technical education students -

Payments.
Repealed by S.L. 2003, ch. 667, § 41.
### § 15.1-27-28.1. School district transportation of career and technical education

students - Payments.
Repealed by S.L. 2025, ch. 196, § 4.
### § 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.
### § 15.1-27-30.1. School district closure - Distribution of transportation payments.

Repealed by S.L. 2025, ch. 196, § 4.
### § 15.1-27-31. State transportation payments to school districts.

Repealed by S.L. 2003, ch. 667, § 41.
### § 15.1-27-31.1. State transportation payments to school districts.

Repealed by S.L. 2025, ch. 196, § 4.
### § 15.1-27-31.2. Transportation average daily membership equivalents converted to

weighted student unit equivalents - Determination. (Effective through June 30, 2027)
1. The superintendent of public instruction shall determine transportation average daily
membership equivalents for eligible school districts providing schoolbus transportation
in contract schoolbuses, or in district-owned and operated schoolbuses, and for
eligible school districts with students riding commercial buses to and from a school
within the incorporated limits of a city. Transportation average daily membership
equivalents must be determined as follows:
a. 0.0011 multiplied by the number of eligible large bus miles;
b. 0.00052 multiplied by the number of eligible small bus miles;
c. 0.01 multiplied by the number of eligible large bus runs;
d. 0.00468 multiplied by the number of eligible small bus runs;
e. 0.012 multiplied by the number of square miles in the school district;
f. 2.0 multiplied by the number of educational school plants within the school district
boundary; and
g. 0.00025 multiplied by the number of eligible miles transported by a student's
family and reimbursed by the school district.
2. The superintendent of public instruction shall determine each school district's total
transportation average daily membership equivalent by adding the products derived
under subsection 1 and then multiplying the total transportation average daily
membership equivalent by 0.091 to determine the school district's weighted student
unit equivalent.
3. Subject to legislative appropriation, the superintendent of public instruction shall pay
each school district providing schoolbus transportation in contract schoolbuses, or in
district-owned and operated schoolbuses, an amount equal to the school district's
weighted student unit equivalent multiplied by the per student payment rate for the
applicable school year in subsection 3 of section 15.1-27-04.1. For school districts
whose eligible bus miles and eligible bus runs remain the same, or increase from the
prior year, the transportation payment under this subsection may not be less than the
transportation payment received by the school district for the preceding year.
4. To be eligible, school districts must certify compliance with state law relating to
schoolbus standards and school vehicle driver requirements. The superintendent of

public instruction may adopt rules governing certification of compliance under this
subsection.
5. Each year, the superintendent of public instruction shall determine the school district's
transportation average daily membership equivalent based on the latest available
miles and runs. Eligible miles and runs include miles and runs transporting eligible
students to and from:
a. School, including miles students are transported by family transportation in
accordance with section 15.1-30-02;
b. Special education programs approved by the superintendent of public instruction,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located, including miles students are
transported by family transportation pursuant to subsection 6; and
c. Career and technology centers and career and technical education courses,
either within the district or in other school districts offered through cooperative
arrangements approved by the state board for career and technical education,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located.
6. To be eligible for special education miles, a student transported by a family member
must:
a. Be a student with a disability as defined in chapter 15.1-32;
b. Have an individualized education program that requires the student attend a
public or nonpublic school located outside the student's school district of
residence; and
c. Be transported by an adult family member in family provided transportation
reimbursed by the school district for no more than two round trips per day
between the home of the student and the school.
7. If a school district ceases to exist, the superintendent of public instruction shall adjust,
in the first year after closure, the transportation average daily membership equivalents
of each school district in the state which enrolls students who attended the former
school. The superintendent of public instruction shall determine the transportation
average daily membership equivalents the former school district would have been
entitled to for providing transportation services during the school district's final year of
operation and shall prorate those transportation average daily membership equivalents
to each enrolling school district based on the number of students enrolled from the
former school. Transportation average daily membership equivalents of the enrolling
school districts after the first year will be based on reported transportation average
daily membership equivalents.
8. This section does not apply to miles and runs:
a. Incurred in providing transportation for students to attend extracurricular activities
or events; or
b. Related to students who are participating in open enrollment, or who are enrolled
pursuant to a written contract entered by the sending and admitting districts which
waives the charge and collection of tuition for the student.
9. The superintendent of public instruction may adopt rules relating to information
reported by school districts and reporting deadlines.
### § 15.1-27-31.2. Transportation average daily membership equivalents converted to

weighted student unit equivalents - Determination. (Effective after June 30, 2027)
1. The superintendent of public instruction shall determine transportation average daily
membership equivalents for eligible school districts providing schoolbus transportation
in contract schoolbuses, or in district-owned and operated schoolbuses, and for
eligible school districts with students riding commercial buses to and from a school
within the incorporated limits of a city. Transportation average daily membership
equivalents must be determined as follows:
a. 0.0011 multiplied by the number of eligible large bus miles;
b. 0.00052 multiplied by the number of eligible small bus miles;
c. 0.01 multiplied by the number of eligible large bus runs;

d. 0.00468 multiplied by the number of eligible small bus runs;
e. 0.012 multiplied by the number of square miles in the school district;
f. 2.0 multiplied by the number of educational school plants within the school district
boundary; and
g. 0.00025 multiplied by the number of eligible miles transported by a student's
family and reimbursed by the school district.
2. The superintendent of public instruction shall determine each school district's total
transportation average daily membership equivalent by adding the products derived
under subsection 1 and then multiplying the total transportation average daily
membership equivalent by 0.091 to determine the school district's weighted student
unit equivalent.
3. Subject to legislative appropriation, the superintendent of public instruction shall pay
each school district providing schoolbus transportation in contract schoolbuses, or in
district-owned and operated schoolbuses, an amount equal to the school district's
weighted student unit equivalent multiplied by the per student payment rate for the
applicable school year in subsection 3 of section 15.1-27-04.1.
4. To be eligible, school districts must certify compliance with state law relating to
schoolbus standards and school vehicle driver requirements. The superintendent of
public instruction may adopt rules governing certification of compliance under this
subsection.
5. Each year, the superintendent of public instruction shall determine the school district's
transportation average daily membership equivalent based on the latest available
miles and runs. Eligible miles and runs include miles and runs transporting eligible
students to and from:
a. School, including miles students are transported by family transportation in
accordance with section 15.1-30-02;
b. Special education programs approved by the superintendent of public instruction,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located, including miles students are
transported by family transportation pursuant to subsection 6; and
c. Career and technology centers and career and technical education courses,
either within the district or in other school districts offered through cooperative
arrangements approved by the state board for career and technical education,
regardless of whether the students transported live within the incorporated limits
of the city in which the students' school is located.
6. To be eligible for special education miles, a student transported by a family member
must:
a. Be a student with a disability as defined in chapter 15.1-32;
b. Have an individualized education program that requires the student attend a
public or nonpublic school located outside the student's school district of
residence; and
c. Be transported by an adult family member in family provided transportation
reimbursed by the school district for no more than two round trips per day
between the home of the student and the school.
7. If a school district ceases to exist, the superintendent of public instruction shall adjust,
in the first year after closure, the transportation average daily membership equivalents
of each school district in the state which enrolls students who attended the former
school. The superintendent of public instruction shall determine the transportation
average daily membership equivalents the former school district would have been
entitled to for providing transportation services during the school district's final year of
operation and shall prorate those transportation average daily membership equivalents
to each enrolling school district based on the number of students enrolled from the
former school. Transportation average daily membership equivalents of the enrolling
school districts after the first year will be based on reported transportation average
daily membership equivalents.
8. This section does not apply to miles and runs:

a. Incurred in providing transportation for students to attend extracurricular activities
or events; or
b. Related to students who are participating in open enrollment, or who are enrolled
pursuant to a written contract entered by the sending and admitting districts which
waives the charge and collection of tuition for the student.
9. The superintendent of public instruction may adopt rules relating to information
reported by school districts and reporting deadlines.
### § 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 hours that each student in a given grade, school, or school district
is in attendance at the school's physical plant during a school calendar and the total
number of hours that each student in a given grade, school, or school district is absent
during a school calendar, and then dividing the sum by:
a. Nine hundred sixty-two and one-half hours for elementary school students; or
b. One thousand fifty hours for middle and high school students.
2. 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.
d. A student enrolled full time in virtual instruction is calculated at 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.
### § 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. Payments to school districts - Unobligated general fund balance.

1. a. Except as provided in subdivision b, beginning July 1, 2027, 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 fifty thousand dollars.
b. 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 one hundred
thousand dollars if the school district is in a cooperative agreement with another
school district to share academic resources, and the school districts are
considering reorganization under chapter 15.1-12. An eligible school district may
receive payments under this provision for a maximum of two years.
2. 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,
but does not include federal impact aid funding.
### § 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.
### § 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. Military installation school districts - Eligibility for state aid and equity

payments.
Repealed by S.L. 2015, ch. 137, § 38.
### § 15.1-27-43. Reorganized district - Continuation of equity payment.

Repealed by S.L. 2015, ch. 137, § 38.
### § 15.1-27-44. Dissolved district - Continuation of equity payment.

Repealed by S.L. 2015, ch. 137, § 38.
### § 15.1-27-45. Property tax relief fund.

Repealed by S.L. 2015, ch. 467, § 7.
### § 15.1-27-46. Uses of the foundation aid stabilization fund.

Repealed by S.L. 2017, ch. 368, § 9.
