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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 2014-L-01 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 activities. ANALYSIS 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).