Lapp v. Reeder Public School District No. 3

LEVINE, Justice,

concurring.

I agree with the result and the residency analysis of the majority. I write to rationalize our interpretation of Chapter 15-59.3, NDCC.

By omitting “parents” from those exempt from family boarding-home-certification requirements, the legislature may well have decided that it was not going to be in the business of assisting parents to build equity in home ownership under the guise of boarding-care payments. However, if in fact that’s what the legislature intended, the legislation to implement that intent is ambiguous. While our interpretation of these statutes may create law of unintended consequences, the legislature can overcome our mistaken view by amending the statutes to effect its intended consequences. Until then, I agree that, given the strong public policy of this State for providing equal educational opportunity for all children, we have properly resolved any doubt in favor of the child. I, therefore, concur.