ndcode

TABLE OF COMPARABLE SECTIONS

CHAPTER 15.1-01 State Board of Public School Education

15.1-01-04 Kindergarten through grade twelve education coordination council.

15.1-01-01. State board of public school education — Composition.

The state board of public school education consists of the superintendent of public instruction and:
1. An individual representing Barnes, Cass, Grand Forks, Griggs, Nelson, Steele, and Traill Counties;
2. An individual representing Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, and Walsh Counties;
3. An individual representing Dickey, Emmons, LaMoure, Logan, McIntosh, Ransom, Richland, and Sargent Counties;
4. An individual representing Burleigh, Eddy, Foster, Kidder, McLean, Sheridan, Stutsman, and Wells Counties;
5. An individual representing Burke, Divide, McKenzie, Mountrail, Ward, and Williams Counties; and
6. An individual representing Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties.
All board members other than the superintendent of public instruction must be qualified electors and must reside in one of the counties they represent.
The governor shall appoint new board members from a list of names submitted by a committee consisting of the president of North Dakota united, the president of the North Dakota council of educational leaders, and the president of the North Dakota school boards association. Two of the state board members must be members of the North Dakota school boards association.
Appointees serve for six-year terms, staggered so that the terms of two members expire on June thirtieth of each even-numbered year.
If a vacancy occurs, the governor shall appoint an individual to serve for the duration of the unexpired term.
Each member of the board is entitled to receive, from the biennial appropriation for the superintendent of public instruction, compensation in the amount of sixty-two dollars and fifty cents per day and reimbursement for expenses, as provided by law for state officers, if the member is attending board meetings or performing duties directed by the board. The compensation provided for in this section may not be paid to any member who receives a salary or other compensation as an employee or official of this state if the individual is serving on the board by virtue of the individual’s state office or state employment.
The superintendent of public instruction shall serve as the executive director and secretary of the board. The superintendent shall call meetings as necessary, carry out the policies of the board, and employ personnel necessary to perform the board’s duties.
The board shall annually elect one member to serve as the chairman.

Source:

S.L. 1999, ch. 196, § 1; 2013, ch. 151, § 1; 2017, ch. 129, § 5, eff August 1, 2017.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 151, S.L. 2013 became effective August 1, 2013.

DECISIONS UNDER PRIOR LAW

Administrative Agency.

The mere fact that the superintendent of public instruction is an administrative agent as to certain duties of his individual office does not transform into administrative agencies all of the boards, bureaus, and commissions on which he serves. Halldorson v. State Sch. Constr. Fund, 224 N.W.2d 814, 1974 N.D. LEXIS 136 (N.D. 1974).

15.1-01-02. Joint meetings — State board of public school education — State board of higher education — Education standards and practices board — State board for career and technical education.

The state board of public school education, the state board of higher education, the education standards and practices board, and the state board for career and technical education shall meet together at least once each year at the call of the superintendent of public instruction, the commissioner of higher education, the executive director of the education standards and practices board, and the director of career and technical education for the purposes of:

Coordinating elementary and secondary education programs, career and technical education programs, and higher education programs;
Establishing high standards and expectations of students at all levels of the education continuum;
Ensuring that all students have access to challenging curricula;
Ensuring that the individuals instructing students at all levels of the education continuum are highly qualified and capable;
Cooperating in the provision of professional growth and development opportunities for individuals instructing students at all levels of the education continuum; and
Ensuring cooperation in any other jointly beneficial project or program.

Source:

S.L. 1999, ch. 162, § 47; 1999, ch. 196, § 1; 2003, ch. 138, § 47; 2009, ch. 31, § 38.

Effective Date.

The 2009 amendment of this section by section 38 of chapter 31, S.L. 2009 became effective July 1, 2009.

The 2003 amendment of this section by section 47 of chapter 138, S.L. 2003 became effective August 1, 2003.

15.1-01-03. State board of public school education — Powers and duties.

The state board of public school education shall:
1. Assist county committees in carrying out their duties.
2. Provide county committees with clerical assistance, plans of procedure, standards, data, maps, forms, and other materials, information, and services.
3. Appoint members to the county committee, if the county superintendent does not fulfill this duty, as provided for in section 15.1-10-01.
4. Provide oversight for regional education associations as required by chapter 15.1-09.1.
5. Establish and certify a North Dakota learning continuum to allow a district-approved, mastery framework policy to award units required under sections 15.1-21-01 and 15.1-21-02 and to waive unit instructional time requirements under section 15.1-21-03, upon the recommendation of the kindergarten through grade twelve education coordination council.
The state board of public school education may adopt rules in accordance with chapter 28-32.

Source:

S.L. 1999, ch. 196, § 1; 2001, ch. 172, § 1; 2017, ch. 135, § 1, eff July 1, 2017; 2021, ch. 136, § 1, eff August 1, 2021.

15.1-01-04 Kindergarten through grade twelve education coordination council.

The state board of public school education shall oversee the creation and ongoing operation of the kindergarten through grade twelve education coordination council.
The council consists of:
1. Three members of the legislative assembly, one member of the majority party from each chamber of the legislative assembly, selected by the respective majority leader of the chamber, and one member of the minority party selected through collaboration between the respective minority leaders of each chamber;
2. The governor or the governor’s designee;
3. The superintendent of public instruction or the superintendent’s designee;
4. The president of the state board for career and technical education or the president’s designee;
5. The president of the board of the North Dakota council of educational leaders or the president’s designee;
6. The president of the board of North Dakota united or the president’s designee;
7. The president of the board of the North Dakota school boards association or the president’s designee;
8. The president of the board of the North Dakota small organized schools or the president’s designee;
9. The president of the board of the North Dakota school counselor association or the president’s designee; and
10. The following gubernatorial appointees:
  1. An individual representing the statewide longitudinal data system committee;
  2. An individual representing a tribal school;
  3. An individual employed as a public school administrator;
  4. An individual employed as a public school principal;
  5. An individual employed as a public school teacher;
  6. A director of a special education unit; and
  7. A director of a regional education association.
The term of office for a member appointed by the governor is four years. The governor may stagger the initial appointments to the council so no more than three members’ terms expire in any year.
The council shall select a presiding officer annually from among its members.
A member of the council who is a member of the legislative assembly is entitled to receive per diem compensation at the rate provided under section 54-35-10 for each day performing official duties of the council and to reimbursement for travel and expenses as provided by law, to be paid by the legislative council. A member of the council who is not a state employee is entitled to receive as compensation sixty-two dollars and fifty cents per day and to reimbursement of expenses as provided by law for state officers while attending meetings of the council, to be paid by the state board of public school education. A state employee who is a member of the council is entitled to receive that employee’s regular salary and is entitled to reimbursement for mileage and expenses, to be paid by the employing agency.
The council may hire an executive director.
The council shall:
1. Assist in the implementation, dissemination, and communication of the statewide strategic vision and evaluate progress toward meeting the identified goals and strategies.
2. Perform a continuous review of the effectiveness and efficiency of access and delivery of education services and programs in the state.
3. Identify opportunities for increased collaboration among state education entities and stakeholders.
4. Identify gaps or duplications in education services and programs and provide recommendations for addressing those gaps or duplications.
5. Study and evaluate new and emerging educational initiatives and trends and provide recommendations for policy changes to state entities or the legislative assembly if necessary.
6. Support the implementation, dissemination, and communication of local or regional educational initiatives and practices, including innovative education programs, on a statewide level.
7. Establish a one-stop communication and information hub to provide the public and interested parties with seamless access to state entities that deliver education services and programs.
8. Develop and utilize subcommittees as needed.
9. Seek advice and input from interested parties not appointed to the council as needed.
10. Review the North Dakota learning continuum and provide recommendations to the state board of public school education.
The council shall meet at least four times per calendar year.
The council shall prepare and present an annual report of council activities to the state board of public school education and to the legislative management.

Source:

S.L. 2019, ch. 144, § 1, eff August 1, 2019; 2021, ch. 136, § 2, eff August 1, 2021.

CHAPTER 15.1-02 Superintendent of Public Instruction

15.1-02-22 Loans-Teacher shortages-Loan forgiveness. [Expired effective July 1, 2022]

15.1-02-01. Superintendent of public instruction — Qualifications.

The qualified electors of this state shall elect a superintendent of public instruction at the appropriate general election. The superintendent must be at least twenty-five years of age on the day of the election and have the qualifications of an elector for that office at all times during the superintendent’s term of office.

Source:

S.L. 1999, ch. 162, § 48; 1999, ch. 196, § 2; 2007, ch. 161, § 1.

Effective Date.

The 2007 amendment of this section by section 1 of chapter 161, S.L. 2007 became effective August 1, 2007.

15.1-02-02. Salary.

The annual salary of the superintendent of public instruction is one hundred twenty-seven thousand seven hundred sixty-eight dollars through June 30, 2022, and one hundred thirty thousand three hundred twenty-three dollars thereafter.

Source:

S.L. 1999, ch. 35, § 26; 1999, ch. 196, § 2; 2001, ch. 13, § 16; 2005, ch. 13, § 18; 2005, ch. 15, § 11; 2007, ch. 40, § 20; 2009, ch. 13, § 18; 2011, ch. 39, § 22; 2013, ch. 13, § 22; 2015, ch. 47, § 17, eff July 1, 2015; 2019, ch. 38, § 17, eff July 1, 2019; 2021, ch. 13, § 19, eff July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 17 of chapter 47, S.L. 2015 became effective July 1, 2015.

The 2013 amendment of this section by section 22 of chapter 13, S.L. 2013 became effective July 1, 2013.

The 2011 amendment of this section by section 22 of chapter 39, S.L. 2011 became effective July 1, 2011.

The 2009 amendment of this section by section 18 of chapter 13, S.L. 2009 became effective July 1, 2009.

The 2007 amendment of this section by section 20 of chapter 40, S.L. 2007 became effective July 1, 2007.

The 2005 amendment of this section by section 18 of chapter 13, S.L. 2005 became effective July 1, 2005.

The 2005 amendment of this section by section 11 of chapter 15, S.L. 2005 became effective July 1, 2005.

Note.

Section 15.1-02-02 was amended 2 times by the 2005 Legislative Assembly. Section 11 of chapter 15, Session Laws 2005, House Bill 1015 was passed later in time than section 19, chapter 13, Session Laws 2005, House Bill 1013. Pursuant to section 1-02-09, this section is printed above as found in section 11, chapter 15, Session Laws. 2005, House bill 1015.

15.1-02-03. Appointment of assistant — Employment of personnel.

The superintendent of public instruction may appoint an assistant. The superintendent may also hire personnel or contract with other persons to perform the work of the department of public instruction.

Source:

S.L. 1999, ch. 35, § 28; 1999, ch. 196, § 2.

DECISIONS UNDER PRIOR LAW

Clerks.

The county superintendent is not the custodian of funds appropriated to pay the salary of clerks of his office and is not authorized to audit the accounts of clerks paid therefrom. State ex rel. Wiles v. Heinrich, 11 N.D. 31, 88 N.W. 734, 1902 N.D. LEXIS 176 (N.D. 1902).

15.1-02-04. Superintendent of public instruction — Duties. [Effective July 1, 2023]

The superintendent of public instruction:

Shall supervise the provision of elementary and secondary education to the students of this state.
Shall supervise the establishment and maintenance of schools and provide advice and counsel regarding the welfare of the schools.
Shall supervise the development of course content standards.
Shall supervise the assessment of students.
Shall serve as an ex officio member of the board of university and school lands.
Shall keep a complete record of all official acts and appeals.
As appropriate, shall determine the outcome of appeals regarding education matters.
Shall direct school district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education to carry out its powers and duties regarding school district annexation, reorganization, and dissolution.
Shall facilitate a process to review and update annually the statewide prekindergarten through grade twelve education strategic vision. The process must include input and participation from a steering committee that includes representatives of all state-level entities receiving state education funding and education stakeholder groups. Each steering committee member entity receiving state education funds shall provide components of the entity’s strategic plan which are aligned to the statewide strategic vision. The steering committee shall prepare a collaborative report of the strategic plans of each committee member entity receiving state education funds. The superintendent shall provide the collaborative report and any updates to the strategic vision to the legislative management during each interim and to a joint meeting of the education standing committees during each regular legislative session.
Shall facilitate the development and implementation of a North Dakota learning continuum in collaboration with the department of career and technical education, upon the recommendation of the kindergarten through grade twelve education coordination council.

Source:

S.L. 1999, ch. 196, § 2; 2019, ch. 145, § 1, eff August 1, 2019; 2019, ch. 146, § 1, eff July 1, 2019; 2019, SB2025, § 1, eff August 1, 2019; 2019, ch. 146, § 1, eff July 1, 2019; 2021, ch. 136, § 3, eff August 1, 2021; 2019, ch. 146, § 2, eff July 1, 2023.

15.1-02-04. Superintendent of public instruction-Duties. (Effective through June 30, 2023)

The superintendent of public instruction:

Shall supervise the provision of elementary and secondary education to the students of this state.
Shall supervise the establishment and maintenance of schools and provide advice and counsel regarding the welfare of the schools.
Shall supervise the development of course content standards.
Shall supervise the assessment of students.
Shall serve as an ex officio member of the board of university and school lands.
Shall keep a complete record of all official acts and appeals.
As appropriate, shall determine the outcome of appeals regarding education matters.
Shall direct school district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education to carry out its powers and duties regarding school district annexation, reorganization, and dissolution.
Shall facilitate a process to review and update annually the statewide prekindergarten through grade twelve education strategic vision. The process must include input and participation from a steering committee that includes representatives of all state-level entities receiving state education funding and education stakeholder groups. Each steering committee member entity receiving state education funds shall provide components of the entity’s strategic plan which are aligned to the statewide strategic vision. The steering committee shall prepare a collaborative report of the strategic plans of each committee member entity receiving state education funds. The superintendent shall provide the collaborative report and any updates to the strategic vision to the legislative management during each interim and to a joint meeting of the education standing committees during each regular legislative session.
Shall administer a student loan forgiveness program for individuals teaching at grade levels, in content areas, and in geographical locations identified as having a teacher shortage or critical need.
Shall facilitate the development and implementation of a North Dakota learning continuum in collaboration with the department of career and technical education, upon the recommendation of the kindergarten through grade twelve education coordination council.

Source:

Note.

Section 15.1-02-04 was amended 3 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 146, Session Laws 2019, House Bill 1429; and Section 1 of Chapter 145, Session Laws 2019, Senate Bill 2025.

Notes to Decisions

Course of Study for Common Schools.

The superintendent of public instruction has no constitutional power or inherent right to prescribe and prepare the courses of study for the common schools of the state; under a former statute he had such power, subject to supervision and control by the board of administration. State ex rel. Langer v. Totten, 44 N.D. 557, 175 N.W. 563, 1919 N.D. LEXIS 214 (N.D. 1919).

Under a former statute, the superintendent of public instruction possessed the power and duty to prepare and prescribe courses of study for the common schools of the state, subject to supervision and control by the board of administration. State ex rel. Langer v. Totten, 44 N.D. 557, 175 N.W. 563, 1919 N.D. LEXIS 214 (N.D. 1919).

15.1-02-05. Federal government — Contracts.

The superintendent of public instruction may contract with an agency of the federal government:

For and on behalf of the department of public instruction.
For and on behalf of a school district with the consent of the school district board.

15.1-02-09. School district finance facts report — Contents.

The superintendent of public instruction shall submit an annual report on the financial condition of school districts to the governor, legislative council, and the secretary of state by the end of February. The secretary of state shall transmit the report to the state archivist for official and public use. The report must include:

The number of school districts in the state.
The financial condition of each school district, including its receipts and expenditures.
The value of all property owned or controlled by each school district.
The cost of education in each school district.
The number of teachers employed by each school district and their salaries.
The number of students in average daily membership, in weighted average daily membership, and in average daily attendance, in each school district, the grades in which the students are enrolled, and, when applicable, the courses in which the students are enrolled.
Information regarding the state’s approved nonpublic schools.
Other statistical data on public education in the state.

Source:

S.L. 1999, ch. 196, § 2; 2005, ch. 152, § 1; 2007, ch. 163, § 1.

Before September eleventh of each year, each school district shall report the following information to the superintendent of public instruction, with respect to each teacher and class of teachers and with respect to each administrator and class of administrators:
1. The number of days each was employed during the preceding school year.
2. The base salaries.
3. The amount of compensation provided for extended contracts.
4. The amount of compensation provided for cocurricular activities.
5. The amount expended for contract buyouts.
6. The amount of compensation provided in lieu of salaries.
7. The amount paid for signing bonuses.
8. The amount of compensation provided for substitute teaching and workload adjustment.
9. The amount of compensation provided for any other purposes.
10. The amount expended for health insurance benefits.
11. The amount expended for dental, vision, and cancer insurance benefits.
12. The amount expended for life and long-term disability insurance benefits.
13. The amount of retirement contributions and assessments, including individual shares if paid by the district.
14. The district’s share of Federal Insurance Contributions Act taxes.
15. The amount of dues or membership fees paid by the district.
16. Any other benefits provided by the district.
In addition to the requirements of subsection 1, each school district shall also indicate:
1. Whether each teacher and administrator is employed on a full-time or a part-time basis.
2. The number of days used to determine the base salary of each teacher and administrator.
The superintendent of public instruction shall:
1. Compile the information required by this section in a manner that allows for accurate comparisons; and
2. Forward a copy of the compiled information to the governor and the legislative council.
The superintendent of public instruction may not expand the reporting requirements of this section.
If any school district fails without good cause to provide the information required by this section on or before September tenth and in the manner directed by the superintendent of public instruction, the superintendent shall withhold all state aid until the information is received.
For purposes of this section:
1. “Administrator” includes an individual who is employed by a school district in an administrative position and who is classified by the superintendent of public instruction as:
  1. A class 67 school district superintendent;
  2. A class 66 assistant or associate superintendent;
  3. A class 53 principal;
  4. A class 05 assistant principal;
  5. A class 29 director, including a special education director and a career and technical education director;
  6. A class 04 assistant director; and
  7. Any other individual whose position requires an administrator’s credential.
2. “Teacher” means an individual, other than an administrator, who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board and who is employed by the board of a school district in a position classified by the superintendent of public instruction as:
  1. A class 22 coordinator;
  2. A class 37 guidance counselor or school counselor;
  3. A class 38 guidance counselor designate;
  4. A class 40 instructional programmer;
  5. A class 41 library media specialist;
  6. A class 56 pupil personnel service provider;
  7. A class 59 school psychologist;
  8. A class 62 speech-language pathologist;
  9. A class 68 supervisor;
  10. A class 70 teacher or special education teacher; or
  11. A class 72 tutor in training.

Source:

S.L. 2001, ch. 173, § 6; 2003, ch. 138, § 48; 2003, ch. 145, § 1; 2009, ch. 482, § 9.

Effective Date.

The 2009 amendment of this section by section 9 of chapter 482, S.L. 2009 became effective August 1, 2009.

The 2003 amendment of this section by section 48 of chapter 138, S.L. 2003 became effective August 1, 2003.

The 2003 amendment of this section by section 1 of chapter 145, S.L. 2003 became effective August 1, 2003.

Note.

Section 15.1-02-13 was amended two times by the 2003 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 48 of chapter 138, Session Laws 2003, House Bill 1183, and section 1 of chapter 145, Session Laws 2003, House Bill 1295.

15.1-02-14. Duplicative payments — Transfer — Distribution.

If the superintendent of public instruction receives any federal or other moneys to pay programmatic administrative expenses for which the superintendent received a state general fund appropriation, the superintendent shall transfer the moneys to the state tuition fund. This section does not apply if the superintendent is required by federal law or by the terms of a grant to employ additional personnel.

Source:

S.L. 2001, ch. 174, § 1; 2007, ch. 63, § 2.

Effective Date.

The 2007 amendment of this section by section 2 of chapter 63, S.L. 2007 became effective August 1, 2007.

15.1-02-15. Every Student Succeeds Act — Information required.

Whenever the superintendent of public instruction determines any bill or amendment under consideration by an interim committee of the legislative management or by a standing committee or a conference committee of the legislative assembly contains a provision required by the Every Student Succeeds Act of 2015 [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28, et seq.] or by federal regulations promulgated to implement that Act, the superintendent shall provide the members of the appropriate committee with the specific language of the Every Student Succeeds Act which sets forth the requirement, together with the statutory citation for that language, or the specific language of the federal regulations which sets forth the requirement, together with the citation for the regulations.

Source:

S.L. 2003, ch. 146, § 1; 2009, ch. 482, § 10; 2019, ch. 147, § 1, eff August 1, 2019.

15.1-02-16. Superintendent of public instruction — Issuance of credentials to teachers and administrators.

The superintendent of public instruction may adopt rules governing the issuance of:

Credentials for teachers of driver’s education;
Credentials for teachers of early childhood special education;
Credentials for elementary school principals;
Credentials for teachers of students who are emotionally disturbed;
Credentials for teachers of students who are gifted and talented;
Credentials for secondary school principals;
Credentials for library media;
Credentials for teachers of title I;
Credentials for teachers of students who have intellectual disabilities;
Credentials for teachers of students who are physically disabled;
Credentials for coordinators of programs for students with limited English proficiency;
Credentials for school counselors;
Credentials for special education directors;
Credentials for special education strategists;
Credentials for teachers of students who have specific learning disabilities;
Credentials for superintendents;
Credentials for teachers of students who have vision impairments;
Credentials for teachers of students who are deaf or hard of hearing;
Credentials for specialists trained in dyslexia;
Credentials for teachers of computer and cyber science;
Certificates of completion for special education technicians;
Certificates of completion for paraprofessionals; and
Certificate of completion for school health technicians.

Source:

S.L. 2003, ch. 147, § 1; 2011, ch. 207, § 1; 2019, ch. 148, § 1, eff August 1, 2019; 2021, ch. 13, § 20, eff July 1, 2021; 2021, ch. 137, § 1, eff August 1, 2021; 2021, ch. 138, § 1, eff March 26, 2021.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 207, S.L. 2011 became effective August 1, 2011.

This section became effective August 1, 2003.

Note.

Section 15.1-02-16 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 20 of Chapter 13, Session Laws 2021, House Bill 1013; Section 1 of Chapter 137, Session Laws 2021, House Bill 1131; and Section 1 of Chapter 138, Session Laws 2021, House Bill 1188.

15.1-02-16.1. Teacher qualifications — Accreditation rules — Directives.

For purposes of accreditation, the superintendent of public instruction may not establish teacher qualification requirements that exceed those established by the education standards and practices board.

Source:

S.L. 2003, ch. 157, § 8.

Note.

This section became effective August 1, 2003.

15.1-02-16.2. Credentials for teachers and coordinators of title I.

The superintendent of public instruction shall create a process to reinstate and recertify title I credentials for individuals in the state who held a valid certification, issued by the department of public instruction, as of July 1, 2018, and continue the process in perpetuity. A school district may advertise employment for a title I certified teacher each year until the position is filled. The board of a school district may authorize the hiring of a teacher who is not certified as a title I teacher for the school year if the school district fails to receive applications from qualified applicants to fill the advertised position by July 1.

Source:

S.L. 2019, ch. 149, § 1, eff July 1, 2019.

15.1-02-17. State accountability plan — Legislative review.

Before the superintendent of public instruction may submit to the United States secretary of education any proposed changes in the state accountability plan required under the Every Student Succeeds Act of 2015 [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28 et seq.], the superintendent shall present the proposed changes to an interim committee designated by the legislative management. The committee shall review the proposed changes; accept testimony and documentary evidence regarding the impact of the proposed changes on the students, schools, school districts, and taxpayers of this state; and provide advice and recommendations regarding the proposed changes to the superintendent.

Source:

S.L. 2005, ch. 498, § 1; 2019, ch. 147, § 2, eff August 1, 2019.

Effective Date.

This section became effective August 1, 2005.

15.1-02-18. Statewide longitudinal data system committee — Membership — Powers and duties — Report to interim committee — Continuing appropriation. [Repealed]

Source:

S.L. 2007, ch. 21, § 8; 2009, ch. 49, § 10; 2011, ch. 127, § 1; Repealed by 2015, ch. 141, § 9, eff July 1, 2015.

15.1-02-18.1. Statewide longitudinal data system — Information technology department — Powers and duties. [Repealed]

Source:

S.L. 2011, ch. 127, § 2; Repealed by 2015, ch. 141, § 9, eff July 1, 2015.

15.1-02-18.2. State agencies — Mandatory provision of information — Confidentiality. [Repealed]

15.1-02-20. Education stabilization fund dollars — Notification of nonreplacement — Publication of notice. [Repealed]

Source:

S.L. 2009, ch. 175, § 4; Repealed by 2021, ch. 139, § 1, eff August 1, 2021.

15.1-02-21. North Dakota teacher of the year award — Selection — Announcement.

Annually, the superintendent of public instruction shall accept nominations for the North Dakota teacher of the year award.
The superintendent of public instruction shall develop and publish the criteria by which all nominees must be considered and shall appoint an eight-member committee to review the nominations and select the North Dakota teacher of the year. The committee must consist of:
1. A former North Dakota teacher of the year award recipient;
2. A representative of the North Dakota council of educational leaders;
3. A representative of the North Dakota department of career and technical education;
4. A representative of the North Dakota department of public instruction;
5. A representative of North Dakota united;
6. A representative of the North Dakota school boards association; and
7. A representative of nonpublic schools in this state.
By September thirtieth of each year, the governor and the superintendent of public instruction shall jointly announce the award recipient and serve as the exclusive hosts of a ceremony and reception honoring the teacher of the year. The ceremony and reception must take place in the memorial hall of the state capitol or, if requested by the award recipient, at a location in the municipality within which the recipient resides or works.

Source:

S.L. 2011, ch. 128, § 1; 2017, ch. 129, § 6, eff August 1, 2017.

Effective Date.

This section became effective August 1, 2011.

15.1-02-22 Loans-Teacher shortages-Loan forgiveness. [Expired effective July 1, 2022]

The superintendent of public instruction shall administer a student loan forgiveness program for individuals teaching at grade levels, in content areas, and in geographical locations identified as having a teacher shortage or critical need. The superintendent may approve loan forgiveness for no more than two teachers per year in a school district. The superintendent shall adopt rules to implement the program.
The superintendent annually shall identify grade levels, content areas, and geographical locations in which a teacher shortage or critical need exists.
To be eligible for loan forgiveness under this section, an individual:
1. Must have graduated from an accredited teacher preparation program and signed a contract to teach at a grade level or in a content area and in a geographical location identified by the superintendent as having an existing teacher shortage or critical need; and
2. Must have an existing student loan.
For purposes of this section, the definitions of rural school district and remote town school district have the same meaning as the definitions under the national center for education statistics locale codes.
If an individual is receiving loan forgiveness under any other provision, the individual may not receive loan forgiveness under this section during the same application year.
Subject to appropriation, an eligible individual may receive loan forgiveness under the program as follows:
1. If the individual accepts one of up to five positions of critical need in a nonrural school district or nonremote town school district, the individual may receive up to three thousand dollars per year for a maximum of four consecutive years.
2. If the individual accepts a position in a rural school district or remote town school district with an enrollment of fewer than one thousand students, the individual may receive up to four thousand five hundred dollars per year for a maximum of four consecutive years.
3. If the individual accepts one of up to five positions of critical need in a rural school district or remote town school district with an enrollment of fewer than one thousand students, the individual may receive up to six thousand five hundred dollars per year for a maximum of four consecutive years.
The superintendent shall consider all applications under this section based on the number of unfilled school vacancies, prioritized by critical need and geographic location.
Upon notification the individual has completed a full year of teaching in a school district, state- supported school, or nonpublic school in this state at a grade level or in a content area and in a geographical location identified by the superintendent as one in which a teacher shortage or critical need exists, the superintendent shall distribute funds directly to the lending institution of the individual to repay outstanding loan principal balances on behalf of eligible applicants. The superintendent shall terminate loan forgiveness payments to eligible individuals if the loan principal balance of the eligible individual is paid in full.
The superintendent shall administer the program only for eligible individuals receiving teacher loan forgiveness benefits for the 2018-19 school year. The superintendent shall provide benefits under this program to eligible individuals until the individual has received the maximum benefit under this section or has become ineligible to receive benefits under the program.

COMPACT FOR EDUCATION

ARTICLE I PURPOSE AND POLICY

A. It is the purpose of this compact to:

Establish and maintain close cooperation and understanding among executive, legislative, professional, educational, and lay leadership on a nationwide basis at the state and local levels.
Provide a forum for the discussion, development, crystalization, and recommendation of public policy alternatives in the field of education.
Provide a clearinghouse for information on matters relating to education problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
Facilitate the improvement of state and local education systems so that all of them will be able to meet adequate and desirable goals in a society that requires continuous qualitative and quantitative advances in educational opportunities, methods, and facilities.

B. It is the policy of this compact to encourage and promote local and state initiatives in the development, maintenance, improvement, and administration of education systems and institutions in a manner that will accord with the needs and advantages of diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own education system and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare, and economic advancement of each state are supplied in significant part by persons educated in other states.

ARTICLE II STATE DEFINED

As used in this compact, “state” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

ARTICLE III THE COMMISSION

A. The education commission of the states, hereinafter called “the commission”, is hereby established. The commission consists of seven members representing each party state. One of the members must be the governor and two must be members of the state legislative assembly selected by its respective houses. The governor shall appoint the remaining four members, all of whom serve at the pleasure of the governor. If the laws of a state prevent legislators from serving on the commission, the governor shall appoint six members, all of whom shall serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements that a state may establish for the appointment and service of its members on the commission, the guiding principle for the composition of the membership on the commission from each party state is that the members representing the state must, by virtue of their training, experience, knowledge, or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, and lay and professional, as well as public and nonpublic educational leadership. Of those appointees, one must be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may not be more than ten nonvoting commissioners selected by the steering committee for terms of one year. The nonvoting commissioners shall represent leading national organizations of professional educators or individuals concerned with educational administration.

B. The members of the commission are entitled to one vote each on the commission. No action of the commission is binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor of the action. Action of the commission may be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to any directions and limitations contained in the bylaws, the commission may delegate the exercise of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV, and the adoption of the annual report pursuant to this article.

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairman, who must be a governor, a vice chairman, and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission and, together with the treasurer and other personnel deemed appropriate by the commission, shall be bonded in an amount determined by the commission. The executive director shall be secretary.

E. Notwithstanding the civil service, personnel, or other merit system laws of a party state, the executive director, subject to the approval of the steering committee, shall appoint, remove, or discharge personnel as necessary for the performance of the functions of the commission, and shall fix the duties and compensation of the personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.

F. The commission may borrow, accept, or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize, and dispose of the same. Any donation or grant accepted by the commission or services borrowed pursuant to this article must be reported in the annual report of the commission. The report must include the nature, amount, and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.

H. The commission may establish and maintain facilities for transacting its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind the bylaws. The commission shall publish its bylaws in convenient form and shall file a copy of the bylaws and any amendment to the bylaws, with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislative assembly of each party state a report covering the activities of the commission for the preceding year. The commission may make additional reports, as it deems desirable.

ARTICLE IV POWERS

In addition to authority conferred on the commission by other provisions of the compact, the commission has the authority to:

A. Collect, correlate, analyze, and interpret information and data concerning educational needs and resources.

B. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public education systems.

C. Develop proposals for adequate financing of education as a whole and at each of its many levels.

D. Conduct or participate in research if the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.

E. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment of public education, and make the recommendations available to appropriate governmental units, agencies, and public officials.

F. Do any other thing necessary or incidental to the administration of its authority or functions pursuant to this compact.

ARTICLE V COOPERATION WITH FEDERAL GOVERNMENT

A. If the laws of the United States specifically so provide, or if administrative provision is made within the federal government, the United States may be represented on the commission by not more than ten representatives. Representatives of the United States must be appointed and serve in the manner provided by or pursuant to federal law, and may be drawn from any branch of the federal government. No representative may have a vote on the commission.

B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common education policies of the states, and may advise the agency or officer concerning any matter of mutual interest.

ARTICLE VI COMMITTEES

A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee must consist of governors, one-fourth must consist of legislators, and the remainder must consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice chairman, and treasurer of the commission must be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee do not affect its authority to act, but the commission at the next regular meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person may serve more than two terms as a member of the steering committee; provided, that service for a partial term of one year or less does not count toward the two-term limitation.

B. The commission may establish advisory and technical committees composed of state, local, and federal functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.

C. The commission may establish such additional committees as its bylaws may provide.

ARTICLE VII FINANCE

A. The commission shall advise the governor or designated officer of each party state regarding its budget and estimated expenditures for the period required by the laws of that party state. Each of the commission’s budgets of estimated expenditures must contain specific recommendations regarding the amount to be appropriated by each party state.

B. The total amount of appropriation requests under any budget must be apportioned among the party states. In making the apportionment, the commission shall devise and employ a formula that takes equitable account of the populations and per capita income levels of the party states.

C. The commission may not pledge the credit of any party state. The commission may meet its obligations in whole or in part with funds available to it pursuant to paragraph G of Article III of this compact; provided, that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in this manner. Except when the commission makes use of funds available to it pursuant to paragraph G of Article III, the commission may not incur any obligation prior to the allotment of funds by the party states adequate to meet the obligation.

D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission must be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited annually by a qualified public accountant, and the report of the audit must be included in and become part of the annual report of the commission.

E. The accounts of the commission must be open at any reasonable time for inspection by duly constituted officers of the party states and by any person authorized by the commission.

F. Nothing contained herein may be construed to prevent commission compliance with laws relating to the audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VIII ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL

A. This compact has as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. With respect to any jurisdiction not having a governor, the term “governor”, as used in this compact, shall mean the closest equivalent official and the jurisdiction.

B. A state or eligible jurisdiction may enter into this compact and it becomes binding on the state or jurisdiction when adopted; provided, that in order to enter into initial effect, adoption by at least ten eligible party jurisdictions is required.

C. Adoption of the compact may be either by enactment of the compact or by adherence to the compact by the governor; provided, that in the absence of enactment, adherence by the governor is sufficient to make a state a party only until December 31, 1967. Any party state may withdraw from this compact by enacting a statute repealing the compact. A withdrawal may not take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of withdrawal.

ARTICLE IX CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed to effectuate its purposes. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person, or circumstance is not affected. If this compact is held contrary to the constitution of any participating state, the compact must remain in full force and effect as to the state affected and as to all several matters.

15.1-04-02. Education commission of the states — Bylaws.

Pursuant to paragraph I of article III of the compact for education, the education commission of the states shall file a copy of its bylaws and any amendment to its bylaws with the secretary of state.

Source:

S.L. 1999, ch. 196, § 4.

CHAPTER 15.1-04.1 Compact on Educational Opportunity for Military Children

15.1-04.1-01. Compact on educational opportunity for military children.

The compact on educational opportunity for military children is entered with all jurisdictions legally joining therein, in the form substantially as follows:

Source:

S.L. 2011, ch. 129, § 1; 2013, ch. 146, § 1.

ARTICLE I — PURPOSES

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from a sending to a receiving school district or variations in entrance or age requirements;
Facilitating the student placement process to ensure that children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment;
Facilitating the qualification and eligibility of children of military families for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities;
Facilitating the on-time graduation of children of military families;
Providing for the promulgation and enforcement of administrative rules implementing this compact;
Providing for the uniform collection and sharing of information among member states, school districts, and military families under this compact;
Promoting coordination between this compact and other compacts affecting the children of military families; and
Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the children of military families.
“Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other facility under the jurisdiction of the department of defense, including any leased facility that is located within a state. The term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
“Nonmember state” means a state that has not enacted this compact.
“Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.
“Rule” means a written statement by the commission promulgated pursuant to article XII of this compact which:
1. Is of general applicability;
2. Implements, interprets, or prescribes a policy or provision of the compact;
3. Is an organizational, procedural, or practice requirement of the commission;
4. Has the force and effect of law in a member state; and
5. Includes the amendment, repeal, or suspension of an existing rule.
“Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.
“State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States territory.
“Student” means the child of a military family who is formally enrolled in kindergarten through grade twelve and for whom a school district receives public funding.
“Transition” means:
1. The formal and physical process of transferring from one school to another; or
2. The period of time during which a student moves from one school in the sending state to another school in the receiving state.
“Uniformed services” means the army, navy, air force, marine corps, and coast guard, and the commissioned corps of the national oceanic and atmospheric administration and public health services.
“Veteran” means an individual who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.
1. Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211;
2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty, for a period of one year after the member’s death.
4. Other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
5. Disclose information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigative records compiled for law enforcement purposes; or
7. Specifically relate to the commission’s participation in a civil action or other legal proceeding.
Perform such functions as may be necessary or appropriate to achieve the purpose of this compact; and
Provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.
1. Establishing the fiscal year of the commission;
2. Establishing an executive committee and such other committees as may be necessary;
3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the commission;
4. Providing reasonable procedures for calling and conducting meetings of the commission and ensuring reasonable notice of each meeting;
5. Establishing the titles and responsibilities of the officers and staff of the commission;
6. Providing a mechanism for concluding the operations of the commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all its debts and obligations; and
7. Providing startup rules for initial administration of the compact.
  1. Managing the affairs of the commission in a manner consistent with the bylaws and purposes of the commission;
  2. Overseeing an organizational structure and appropriate procedures for the commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
  3. Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the commission.

ARTICLE II — DEFINITIONS

As used in this compact, unless the context otherwise requires:

1. “Active duty” means full-time duty status in the active uniformed services of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211.

2. “Children of military families” means school-aged children, enrolled in kindergarten through grade twelve, in the household of an active duty member.

3. “Commission” means the commission that is created under article IX of this compact.

4. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to article VIII of this compact.

5. “Deployment” means the period one month before the service member’s departure from the home station on military orders through six months after return to the home station.

6. “Educational records” means official records, files, and data directly related to a student and maintained by the student’s school or school district, including records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.

7. “Extracurricular activities” means a voluntary activity sponsored by the school or school district or an organization sanctioned by the school district, including preparation for involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.

8. “Member state” means a state that has enacted this compact.

ARTICLE III — APPLICABILITY

1. Except as otherwise provided in subsection 2, this compact applies to the children of:

2. This compact only applies to school districts as defined in this compact.

3. This compact does not apply to the children of:

a. Inactive members of the national guard and military reserves;

b. Members of the uniformed services now retired, except as provided in subsection 1;

c. Veterans of the uniformed services, except as provided in subsection 1; and

ARTICLE IV — EDUCATIONAL RECORDS AND ENROLLMENT

1. If official educational records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the commission. Upon receipt of the unofficial educational records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

2. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official educational records from the school in the sending state. Upon receipt of this request, the school in the sending state shall process and furnish the official educational records to the school in the receiving state within ten days or within the time determined to be reasonable under the rules promulgated by the commission.

3. Compacting states shall give thirty days from the date of enrollment, or the time determined to be reasonable under the rules promulgated by the commission, for students to obtain any immunization required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty days or within the time determined to be reasonable under the rules promulgated by the commission.

4. Students must be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level in the sending state at the time of transition, regardless of age. A student who satisfactorily has completed the prerequisite grade level in the sending state is eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school calendar in the receiving state shall enter the school in the receiving state on the validated level from the school in the sending state.

ARTICLE V — PLACEMENT AND ATTENDANCE

1. When a student transfers before or during the regular school calendar, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending school or educational assessments conducted at the school in the sending state, if the courses are offered. Course placement includes honors, international baccalaureate, advanced placement, and career and technical education courses. Continuing the student’s academic program from the sending school and promoting placement in challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course.

2. a. The receiving school initially shall honor placement of the student in educational programs based on current educational assessments conducted at the sending school or based on placement in like programs in the sending school. Such programs include gifted and talented programs and English language learner programs. This does not preclude the receiving school from performing subsequent evaluations to ensure appropriate placement of the student.

b. This subsection does not require a school district to create programs or offer services that were not in place before the enrollment of the student unless the programs or services are required by federal law.

3. a. In compliance with the Individuals With Disabilities Education Act [20 U.S.C. 1400 et seq.], the receiving school initially shall provide comparable services to a student with disabilities based on the student’s current individualized education program; and

b. In compliance with the requirements of section 504 of the Rehabilitation Act [29 U.S.C. 794] and with the Americans with Disabilities Act [42 U.S.C. 12131 et seq.], the receiving school shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or title II plan, to provide the student with equal access to education. This does not preclude the receiving school from performing subsequent evaluations to ensure appropriate placement of the student.

4. School district administrators have flexibility in waiving course or program prerequisites and other preconditions for placement in courses or programs offered by the district.

5. A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or a combat support posting must be granted additional excused absences by the school district superintendent to visit with the student’s parent or legal guardian relative to the leave or deployment of the parent or guardian.

ARTICLE VI — ELIGIBILITY

1. Eligibility for enrollment:

a. A special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law is sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

b. A school district may not charge tuition to a transitioning military child placed in the care of a noncustodial parent or other individual standing in loco parentis who lives in a school district other than that of the custodial parent.

c. A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a school district other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.

2. The superintendent of public instruction, school districts, and the North Dakota high school activities association shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

ARTICLE VII — GRADUATION

To facilitate the on-time graduation of children of military families, the superintendent of public instruction and school district administrators shall incorporate the following procedures:

1. School district administrators shall waive specific courses required for graduation if similar coursework has been satisfactorily completed in another school district or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the receiving school district shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

2. States must accept exit or end-of-course examinations required for graduation from the sending state, national norm-referenced achievement tests, or alternative testing in lieu of testing requirements for graduation in the receiving state. If these alternatives cannot be accommodated by the receiving state for a student transferring in the student’s senior year, then subsection 3 applies.

3. Should a military student transferring at the beginning or during the student’s senior year be ineligible to graduate from the receiving school district after all alternatives have been considered, the sending and receiving school districts shall ensure the receipt of a diploma from the sending school district if the student meets the graduation requirements of the sending school district. If one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with subsections 1 and 2.

ARTICLE VIII — STATE COORDINATION

1. Each member state, through the creation of a state council or use of an existing entity, shall provide for the coordination among its state agencies, school districts, and military installations concerning the state’s participation in, and compliance with, this compact and commission activities. While each member state may determine the membership of its own state council, its membership must include at least the superintendent of public instruction, a gubernatorial appointee who is the superintendent of a school district with a high concentration of military children, a representative from a military installation, one member of the legislative assembly appointed by the chairman of the legislative management, a gubernatorial appointee who represents the executive branch of government, and any other individuals or group representatives that the state council determines appropriate. A member state that does not have a school district determined to contain a high concentration of military children may appoint a superintendent from another school district to represent school districts on the state council.

2. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact; provided, however, in North Dakota, the appointment shall be made by the adjutant general of the national guard.

3. The compact commissioner responsible for the administration and management of the state’s participation in the compact must be appointed by the governor or as otherwise determined by each member state.

4. The compact commissioner and the military family education liaison are ex officio members of the state council, unless either is already a full voting member of the state council.

ARTICLE IX — INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

1. The interstate commission on educational opportunity for military children is created.

2. The activities of the commission are the formation of public policy and are a discretionary state function.

3. The commission is a body corporate and joint agency of the member states and has all the responsibilities, powers, and duties set forth herein, and any additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of member states in accordance with the terms of this compact.

4. The commission consists of one commission voting representative from each member state who must be that state’s compact commissioner.

a. Each member state represented at a meeting of the commission is entitled to one vote.

b. A majority of the total member states constitutes a quorum for the transaction of business unless a larger quorum is required by the bylaws of the commission.

c. A representative may not delegate a vote to another member state. If the compact commissioner is unable to attend a meeting of the commission, the governor or state council may delegate voting authority to another person from the state for a specified meeting.

d. The bylaws may provide for meetings of the commission to be conducted by telecommunications or electronic communication.

5. The commission consists of ex officio, nonvoting representatives who are members of interested organizations. Ex officio members, as defined in the bylaws, may include members of the representative organizations of military family advocates, school district officials, parent and teacher groups, the department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel, and other interstate compacts affecting the education of children of military members.

6. The commission shall meet at least once each calendar year. The chairman may call additional meetings and, upon the request of a majority of the member states, shall call additional meetings.

7. The commission shall establish an executive committee, whose members must include the officers of the commission and any other members of the commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee are entitled to one vote each. The executive committee may act on behalf of the commission, with the exception of rulemaking, during periods when the commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the compact, its bylaws and rules, and other such duties as determined necessary. The department of defense is an ex officio nonvoting member of the executive committee.

8. The commission shall establish bylaws and rules that provide for conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

9. The commission shall give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The commission and its committees may close a meeting, or portion thereof, when it determines by two-thirds vote that an open meeting would be likely to:

a. Relate solely to the commission’s internal personnel practices and procedures;

b. Disclose matters specifically exempted from disclosure by federal and state statute;

c. Disclose trade secrets or commercial or financial information that is privileged or confidential;

d. Involve accusing a person of a crime or formally censuring a person;

10. The commission shall cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission.

11. The commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. The methods of data collection, exchange, and reporting, insofar as is reasonably possible, must conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

12. The commission shall create a process that permits military officials, education officials, and parents to inform the commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This subsection does not create a private right of action against the commission, any member state, or any school district.

ARTICLE X — POWERS AND DUTIES OF THE COMMISSION

The commission may:

1. Provide for dispute resolution among member states;

2. Adopt rules that have the force and effect of law and are binding in the compact states to the extent and in the manner provided in this compact and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact;

3. Issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions;

4. Monitor compliance with the compact provisions, the rules adopted by the commission, and the bylaws;

5. Establish and maintain offices within one or more of the member states;

6. Purchase and maintain insurance and bonds;

7. Borrow, accept, hire, or contract for services of personnel;

8. Establish and appoint committees, including an executive committee as required by article IX, which may act on behalf of the commission in carrying out its powers and duties;

9. Elect or appoint officers, attorneys, employees, agents, and consultants and fix their compensation; define their duties; determine their qualifications; and establish the commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

10. Accept, receive, use, and dispose of donations and grants of money, equipment, supplies, materials, and services;

11. Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed;

12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property;

13. Establish a budget and make expenditures;

14. Adopt a seal and bylaws governing the management and operation of the commission;

15. Report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the commission during the preceding year and include any recommendations that were adopted by the commission;

16. Coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity;

17. Establish uniform standards for the reporting, collecting, and exchanging of data;

18. Maintain corporate books and records in accordance with the bylaws;

ARTICLE XI — ORGANIZATION AND OPERATION OF THE COMMISSION

1. The commission, by a majority of the members present and voting, within twelve months after the first commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including:

2. The commission, by a majority of the members, shall elect annually from among its members a chairman, a vice chairman, and a treasurer, each of whom has the authority and duties specified in the bylaws. The chairman or, in the chairman’s absence or disability, the vice chairman shall preside at all meetings of the commission. The officers so elected serve without compensation or remuneration from the commission; provided that, subject to the availability of budgeted funds, the officers are entitled to be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the commission.

3. a. The executive committee has the authority and duties set forth in the bylaws, including:

b. The executive committee, subject to the approval of the commission, may appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the commission determines appropriate. The executive director shall serve as secretary to the commission but may not be a member of the commission. The executive director shall hire and supervise such other persons as may be authorized by the commission.

4. The commission’s executive director and its employees are immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities; provided, those individuals are not protected from suit or liability for damage, loss, injury, or liability caused by their intentional or willful and wanton misconduct.

a. The liability of the commission’s executive director and employees or commission representatives, acting within the scope of that individual’s employment or duties for acts, errors, or omissions occurring within that individual’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The commission is considered to be an instrumentality of the states for the purposes of any such action. This subsection does not protect an individual from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the individual.

b. The commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by a commission representative, shall defend a commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of the individual.

c. To the extent not covered by the state involved, member state, or the commission, the representatives or employees of the commission must be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against the individuals arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that those individuals had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of those individuals.

ARTICLE XII — RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt reasonable rules in order to effectively and efficiently achieve the purposes of this compact. If the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted by this compact, then such an action by the commission is invalid and has no force or effect.

2. Rules must be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of the national conference of commissioners on uniform state laws, as may be appropriate to the operations of the commission.

3. Within thirty days after a rule is adopted, any person may file a petition for judicial review of the rule; provided, that the filing of the petition does not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the commission’s authority.

4. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then the rule has no further force and effect in any compacting state.

ARTICLE XIII — OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

1. a. Each member state shall enforce this compact to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder have standing as statutory law.

b. Courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

c. The commission is entitled to receive all service of process in any proceeding and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact, or adopted rules.

2. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or adopted rules, the commission shall:

a. Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the commission, and specify the conditions by which the defaulting state must cure its default; and

b. Offer technical assistance to the member state.

3. If the defaulting state fails to cure the default, the defaulting state shall terminate from the compact upon an affirmative vote of a majority of the member states and all rights, privileges, and benefits conferred by this compact are terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default, except that in the event of a default by this state, its total financial responsibility is limited to the amount of its most recent annual assessment.

4. Suspension or termination of membership in the compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each member state.

5. The state that has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, to a maximum of five thousand dollars multiplied by the number of years that the state has been a member of the compact. In the event that this state is suspended or terminated, its total financial responsibility is limited to the amount of its most recent annual assessment.

6. The commission may not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the commission and the defaulting state.

7. The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party must be awarded all costs of such litigation, including reasonable attorney’s fees.

8. The commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and which may arise among member states and between member and nonmember states. The commission shall adopt a rule providing for mediation and binding dispute resolution for disputes as appropriate.

ARTICLE XIV — FINANCING OF THE COMMISSION

1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. a. The commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover the commission’s annual budget as approved each year.

b. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall adopt a rule binding upon all member states.

c. The annual assessment applicable to this state may not exceed an amount equal to two dollars multiplied by the latest available number of children of military families in this state.

d. This state may not be held liable for the payment of any special assessment or any assessment other than the annual assessment in the amount established by this subsection.

3. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same; nor may the commission pledge the credit of any of the member states, except by and with the authority of the member state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant and the report of the audit must be included in and become part of the annual report of the commission.

ARTICLE XV — MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

1. Any state is eligible to become a member state.

2. The compact becomes effective and binding upon legislative enactment of the compact into law by no less than ten states. The effective date may not be earlier than December 1, 2007. Thereafter, the compact becomes effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees must be invited to participate in the activities of the commission on a nonvoting basis prior to adoption of the compact by all states.

3. The commission may propose amendments to the compact for enactment by the member states. No amendment may become effective and binding upon the commission and the member states until the amendment is enacted into law by unanimous consent of the member states.

ARTICLE XVI — WITHDRAWAL AND DISSOLUTION

1. a. Once effective, the compact continues in force and remains binding upon each member state, provided that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law, except that in the case of this state, withdrawal from the compact may also be accomplished by statutorily allowing for the expiration of this Act.

b. Withdrawal from this compact must be by the enactment of a statute repealing the compact, except that in the case of this state, withdrawal from the compact may also be accomplished by statutorily allowing for the expiration of this Act.

c. The withdrawing state immediately shall notify the chairman of the commission in writing upon the introduction of legislation repealing this compact in the withdrawing state, except that if this state elects to withdraw from the compact by statutorily allowing for the expiration of this Act, this state shall notify the chairman of the commission when it becomes evident that the expiration will take effect. The commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty days of receiving the notice.

d. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, to a maximum amount equal to two dollars multiplied by the latest available number of children of military families in this state.

e. Reinstatement following withdrawal of a member state occurs upon the withdrawing state re-enacting the compact or upon such later date as determined by the commission.

2. This compact dissolves effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state. Upon the dissolution of this compact, the compact becomes null and void and is of no further force or effect, and the business and affairs of the commission must be concluded and surplus funds must be distributed in accordance with the bylaws.

ARTICLE XVII — SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact are severable and if any phrase, clause, sentence, or provision is determined unenforceable, the remaining provisions of the compact are enforceable.

2. This compact must be liberally construed to effectuate its purposes.

3. Nothing in this compact prohibits the applicability of other interstate compacts to which the states are members.

ARTICLE XVIII — BINDING EFFECT OF COMPACT AND OTHER LAWS

1. Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states’ laws conflicting with this compact are superseded to the extent of the conflict.

2. a. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

b. All agreements between the commission and the member states are binding in accordance with their terms.

c. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.

15.1-04.1-02. Compact on educational opportunity for military children — State council — Appointment.

The state council on educational opportunity for military children consists of:

The following voting members:
1. The superintendent of public instruction, who shall serve as the chairman;
2. The superintendent of a school district that includes a high concentration of military children, appointed by the governor;
3. A representative of a military installation, appointed by the governor;
4. One legislator, appointed by the chairman of the legislative management;
5. One representative of the executive branch of government, appointed by the governor; and
6. Any other individuals recommended by the members of the state council listed in subdivisions a through e; and
The following nonvoting members:
1. The compact commissioner appointed under section 15.1-04.1-03; and
2. The military family education liaison, appointed under section 15.1-04.1-04.

CHAPTER 15.1-06 Schools

15.1-06-01. Schools free and accessible — School ages.

Each public school must be free, open, and accessible at all times to any child provided:
1. The child may not enroll in grade one unless the child reaches the age of six before August first of the year of enrollment;
2. The child may not enroll in kindergarten unless the child reaches the age of five before August first of the year of enrollment; and
3. The child has not reached the age of twenty-one before August first of the year of enrollment.
Notwithstanding subsection 1, a school district may not enroll in grade one a child who is not six years old before August first, unless the child will be six years old before December first and:
1. The child, by means of developmental and readiness screening instruments approved by the superintendent of public instruction and administered by the school district, can demonstrate academic, social, and emotional readiness; or
2. The child has completed an approved kindergarten program.
Notwithstanding subsection 1, a school district may not enroll in kindergarten a child who is not five years old before August first unless the child will be five years old before December first and the child, by means of developmental and readiness screening instruments approved by the superintendent of public instruction and administered by the school district, can demonstrate superior academic talents or abilities and social and emotional readiness.
The requirements of this section are not applicable to the children of military families, to the extent that the requirements conflict with enrollment provisions otherwise agreed to by the state in the compact on educational opportunity for military children.

Source:

S.L. 1999, ch. 196, § 6; 2001, ch. 161, § 6; 2009, ch. 171, § 1; 2011, ch. 129, § 2; 2011, ch. 130, § 1; 2013, ch. 146, § 5.

Note.

Section 15.1-06-01 was amended 2 times by the 2011 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 2 of chapter 129, Session Laws 2011, House Bill 1248; and section 1 of chapter 130, Session Laws 2011, House Bill 1436.

Cross-References.

Free public schools, see N.D. Const., art. VIII, § 2.

Joint exercise of governmental powers, including school districts, see N.D.C.C. ch. 54-40.

School district may accept devises, bequests, legacies, and gifts, see N.D.C.C. § 1-08-04..

Constitutionality.

Although not one of the various statutes for distributing funding for primary or secondary education, by itself, is unconstitutional, nor does the constitution require equal dollar funding per pupil throughout the state, where the impact of the distribution of funding did not bear a close correspondence to the goals of providing an equal educational opportunity and of supporting elementary and secondary education from state funds based on educational costs per pupil, the overall impact of the entire statutory method for distributing funding for education in North Dakota was held unconstitutional. Bismarck Pub. Sch. Dist. #1 v. State, 511 N.W.2d 247, 1994 N.D. LEXIS 26 (N.D. 1994).

Child Custody Modification.

It was not legal error for the district court to award joint residential responsibility where modification might be inevitable under N.D.C.C. § 14-09-06.6 due to the child reaching school age under N.D.C.C. § 15.1-06-01(1)(b). Niffenegger v. LaFromboise (In the Interest of S.R.L.), 2013 ND 32, 827 N.W.2d 324, 2013 N.D. LEXIS 28 (N.D. 2013).

Policy of State.

The policy of the state is to maintain a free public school system for the benefit of all children of school age. Batty v. Board of Educ., 67 N.D. 6, 269 N.W. 49, 1936 N.D. LEXIS 144 (N.D. 1936).

Provision for Transportation.

A statute providing for the transportation of pupils of consolidated schools does not deprive children or guardians of constitutional rights merely because an option to furnish transportation or pay compensation lies in the discretion of the board or the judgment of the people. Seiler v. Gelhar, 54 N.D. 245, 209 N.W. 376, 1926 N.D. LEXIS 140 (N.D. 1926).

Law Reviews.

For a summary of significant decisions rendered by the North Dakota Supreme Court in 1990 relating to schools and school districts, see 66 N.D. L. Rev. 855 (1990).

15.1-06-02. School holidays.

Schools may not be in session on the following holidays:
1. Any Sunday.
2. New Year’s Day, the first day of January.
3. Good Friday, the Friday preceding Easter Sunday.
4. Memorial Day, the last Monday in May.
5. The anniversary of the Declaration of Independence, the fourth day of July.
6. Labor Day, the first Monday in September.
7. Veteran’s Day, the eleventh day of November.
8. Thanksgiving Day, the fourth Thursday in November.
9. Christmas Day, the twenty-fifth day of December.
10. Any day declared to be a public holiday by the President of the United States or the governor.
Notwithstanding the provisions of subsection 1, if the first day of January, the fourth day of July, the eleventh day of November, or the twenty-fifth day of December is a Sunday, the school district shall observe the holiday on the following Monday.
Notwithstanding the provisions of subsection 1, if the eleventh day of November is a Saturday, the school district shall observe the holiday on the preceding Friday.
The board of a school district may direct that classes not be held on the day of a statewide election if the school is used as a polling place on that day.

Source:

S.L. 1999, ch. 196, § 6.

Collateral References.

Validity, under establishment of religion clause of federal or state constitution, of provision making day of religious observance a legal holiday, 90 A.L.R.3d 752.

15.1-06-03. School year — Definition.

The school year begins on July first and ends on June thirtieth the following year.

Source:

S.L. 1999, ch. 196, § 6.

15.1-06-04. School calendar — Length.

A school district shall provide for a school calendar that includes:
1. At least nine hundred sixty-two and one-half hours of instruction for elementary school students and one thousand fifty hours of instruction for middle and high school students;
2. Three holidays, as selected by the board in consultation with district teachers from the list provided for in subdivisions b through j of subsection 1 of section 15.1-06-02;
3. No more than two days for:
  1. Parent-teacher conferences; or
  2. Compensatory time for parent-teacher conferences held outside of regular school hours; and
4. At least three days of professional development not including meals or breaks.
For the first three days of professional development required under subdivision d of subsection 1, a day of professional development must consist of:
1. Six hours of professional development, exclusive of meals and other breaks, conducted within a single day;
2. Six hours of cumulative professional development conducted under the auspices of a professional learning community; or
3. Two four-hour periods of professional development, exclusive of meals and other breaks, conducted over two days.
If because of weather or other conditions a school must cancel hours of instruction or dismiss before completing all hours of instruction for the day, the school is responsible for making up only those hours and portions of an hour between the time of cancellation or early dismissal and the conclusion of all hours of classroom instruction for the day if the dismissal will result in the school failing to meet the requirements of subdivision a of subsection 1. A school district may satisfy the requirements of this section by providing virtual instruction pursuant to section 15.1-07-25.4.
For purposes of this section, a full day of instruction at a physical school plant consists of:
1. At least five and one-half hours for kindergarten and elementary students, during which time the students are required to be in attendance for the purpose of receiving curricular instruction; and
2. At least six hours for high school students, during which time the students are required to be in attendance for the purpose of receiving curricular instruction.
If a school district intends to operate under a school calendar that consists of four days of instruction per week, the school district shall apply and be approved for a waiver by the superintendent of public instruction.
If a school district intends to provide virtual instruction, the instruction must comply with the requirements under subsection 4. The attendance of students participating in virtual instruction must be verified by monitoring the student’s progress on academic pacing guides developed by the school district to ensure students are in attendance and receiving sufficient curricular instruction, as defined in rules adopted by the superintendent of public instruction.

Source:

S.L. 1999, ch. 182, § 3; 1999, ch. 187, § 2; 1999, ch. 196, § 6; 2005, ch. 167, § 1; 2007, ch. 164, § 1; 2007, ch. 163, § 2; 2009, ch. 175, § 5; 2015, ch. 137, § 2, eff July 1, 2015; 2019, ch. 149, § 2, eff July 1, 2019; 2021, ch. 140, § 1, eff August 1, 2021; 2021, ch. 141, §§ 1, 2, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

Section 15.1-06-04 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 140, Session Laws 2021, House Bill 1232; Section 1 of Chapter 141, Session Laws 2021, House Bill 1388; and Section 2 of Chapter 141, Session Laws 2021, House Bill 1388.

15.1-06-04.1. School district calendar — Limitation. [Repealed]

History. S.L. 2015, ch. 137, § 3, eff July 1, 2015; Repealed by 2021, ch. 142, § 1, eff August 1, 2021.

15.1-06-05. Instructional days — Reconfiguration — Application. [Repealed]

Source:

S.L. 1999, ch. 196, § 6; 2001, ch. 175, § 1; 2005, ch. 153, § 1; Repealed by 2019, ch. 149, § 19, eff July 1, 2019.

15.1-06-06. Approval of public schools.

To obtain certification that a public school is approved, the superintendent of the district in which the school is located shall submit to the superintendent of public instruction a compliance report verifying that:
1. Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board;
2. Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57;
3. The school meets all curricular requirements set forth in chapter 15.1-21;
4. The school participates in and meets the requirements of a review process that is:
  1. Designed to improve student achievement through a continuous cycle of improvement; and
  2. Approved by the superintendent of public instruction;
5. The physical school plant has been inspected by the state fire marshal or the state fire marshal’s designee in accordance with section 15.1-06-09 and:
  1. Has no unremedied deficiency; or
  2. Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal’s designee;
6. All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have:
  1. Undergone a criminal history background check requested by the employing school district; or
  2. Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board; and
7. The school uses North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the superintendent of public instruction, to generate official transcripts.
The compliance report required by subsection 1 must:
1. Be signed by the school principal and the superintendent of the school district;
2. Be formally approved by the board of the school district; and
3. Be filed with the superintendent of public instruction before five p.m. on the:
  1. First day of October; or
  2. The date of the extension provided under subsection 6.
On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school principal, school district superintendent, and school board member, electronic notification that the compliance report is due on the first day of October.
If a school’s compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school’s compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department’s website, indicating whether a school is approved or unapproved.
If a public school does not meet the approval requirements of this section, the superintendent of public instruction shall:
1. Notify the parents of students enrolled in the school, either directly or through the local media outlets, that the school is unapproved; and
2. Subtract from any state aid otherwise payable to the school district the prorated amount attributable to the students in attendance at the unapproved school for each day that the school’s compliance report is not on file with the superintendent of public instruction.
If because of unforeseen or other extenuating circumstances a school district superintendent is unable to file a school’s compliance report with the superintendent of public instruction before five p.m. on October first, the school district superintendent may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth.
Upon receipt of a school’s compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A certification of approval under this subsection expires at the conclusion of the regular school calendar.
If after being certified as approved a school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the superintendent of the school district in which the school is located shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time.
If a school district does not employ a superintendent, the duties required of a school district superintendent by this section must be performed as provided for in chapter 15.1-11.

Source:

S.L. 1999, ch. 196, § 6; 2005, ch. 15, § 12; 2005, ch. 163, § 1; 2005, ch. 167, § 2; 2007, ch. 115, § 5; 2011, ch. 131, § 2; 2017, ch. 143, § 1, eff August 1, 2017; 2021, ch. 141, § 3, eff August 1, 2021.

15.1-06-06.1. Approval of nonpublic schools.

In order to obtain certification that a nonpublic school is approved, the administrator of a nonpublic school shall submit to the superintendent of public instruction a compliance report verifying that:
1. Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board;
2. Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57;
3. The school meets all curricular requirements set forth in chapter 15.1-21;
4. The school has been inspected by the state fire marshal or the state fire marshal’s designee in accordance with section 15.1-06-10 and:
  1. Has no unremedied deficiency; or
  2. Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal’s designee; and
5. All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have:
  1. Undergone a criminal history background check requested on behalf of the employing school; or
  2. Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board.
The compliance report required by subsection 1 must:
1. Be signed by the school administrator;
2. Be formally approved by the governing board of the school; and
3. Be filed with the superintendent of public instruction before five p.m. on:
  1. The first day of October; or
  2. The date of the extension provided under subsection 5.
On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school administrator and member of the governing board, electronic notification that the compliance report is due on the first day of October.
If a nonpublic school’s compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school’s compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department’s website, indicating whether a nonpublic school is approved or unapproved.
If a nonpublic school does not meet the approval requirements of this section, the superintendent of public instruction shall notify the parents of students enrolled in the school, either directly or through the local media outlets, that the school is unapproved and that the parents may be in violation of the state’s compulsory attendance provisions.
If because of unforeseen or other extenuating circumstances the administrator of a nonpublic school is unable to file the school’s compliance report with the superintendent of public instruction before five p.m. on October first, the school administrator may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth.
Upon receipt of a nonpublic school’s compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A certification of approval under this subsection expires at the conclusion of the regular school calendar.
If after being certified as approved a nonpublic school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the administrator of the nonpublic school shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time.

Source:

S.L. 2011, ch. 131, § 3.

15.1-06-06.2. Compliance report — Impossibility of timely submission.

The superintendent of public instruction may delay imposing the sanctions set forth in section 15.1-06-06 in the case of a public school and may delay imposing the sanctions set forth in section 15.1-06-06.1 in the case of a nonpublic school, until a time certain, if:

The required submission of a school’s compliance report is an impossibility due to:
1. A natural disaster or act of God, including fire, earthquake, or tornado;
2. An unauthorized or illegal act by a third party, including terrorism, sabotage, riot, or vandalism;
3. Death;
4. A medical or personal emergency;
5. Operational interruption, including electrical failure, and computer hardware or software failures; or
6. Governmental action, including an emergency order or judicial or law enforcement action; and
The superintendent of public instruction determines that the report, had it been submitted, would have demonstrated compliance with the approval requirements of section 15.1-06-06 in the case of a public school and compliance with the approval requirements of section 15.1-06-06.1 in the case of a nonpublic school.

Source:

S.L. 2011, ch. 131, § 4.

15.1-06-06.3. Required records — Verification of information — Site visits.

The superintendent of public instruction shall notify each school and school district of the records that must be maintained in order to allow the superintendent of public instruction to verify the information contained in each compliance report. The superintendent of public instruction shall establish the length of time that the records must be maintained.
1. The superintendent of public instruction may examine the records of any public school at any time and may conduct site visits to ensure the accuracy of information provided on the compliance report. The site visits may be scheduled or unscheduled.
2. The superintendent of public instruction may examine the records of any nonpublic school upon request.

Source:

S.L. 2011, ch. 131, § 5.

15.1-06-07. Nonpublic high schools — Approval criteria.

The superintendent of public instruction shall approve any nonpublic high school having an enrollment of fifty students or fewer, provided:

The school meets all statutory requirements regarding the subjects to be taught, the length of the school year, and health, fire, and safety standards;
If the school uses telecommunications or other electronic means to deliver curricular programs, the programs are prepared by individuals holding at least baccalaureate degrees and delivered in the presence of an individual who holds a North Dakota professional teaching license or who meets or exceeds the average cutoff scores of states that have normed the national teacher’s examination;
The school employs at least one state-licensed high school teacher to serve in a supervisory capacity for each twenty-five students;
The average composite scholastic achievement test scores of students enrolled in the school or the students’ scores achieved on comparable standardized tests meet or exceed the national average test scores; and
The school and its employees are governed by a board of directors that includes parental representation.

Source:

S.L. 1999, ch. 162, § 49; 1999, ch. 196, § 6.

15.1-06-08. Rules for school accreditation — Waiver.

A school or school district may apply to the superintendent of public instruction for a waiver of any rule governing the accreditation of schools, provided the waiver:
1. Encourages innovation; and
2. Has the potential to result in improved educational opportunities or enhanced academic opportunities for the students.
The initial waiver must be for a specific period of time, but may not exceed one year. A school or a school district for which a waiver has been approved under this section may apply for one extension of the waiver. The extension may not exceed one year.
If the superintendent of public instruction, after receipt and consideration of an application for a waiver of a rule governing the accreditation of schools under this section approves the waiver, the superintendent shall file a report with the legislative council. The report must cite the accreditation rule that was waived, provide a detailed account of the reasons for which the rule was waived, and state the time period for which the rule was waived. If the superintendent of public instruction denies an application for a waiver under this section, the superintendent shall file a notice of denial with the legislative council. If requested, the superintendent shall appear and respond to questions regarding the approval or denial of any application for a waiver.
Any waiver granted by the superintendent of public instruction prior to August 1, 2001, is void as of August 1, 2001. Any school or school district operating under a waiver granted by the superintendent prior to August 1, 2001, may apply for a new waiver under this section.

Source:

S.L. 1999, ch. 196, § 6; 2001, ch. 175, § 2; 2009, ch. 482, § 11.

15.1-06-08.1. Statutes — Waiver.

The superintendent of public instruction may not waive any statute, in whole or in part, except as provided for in this section.
A school or school district may apply to the superintendent of public instruction for a waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25, 15.1-32, and 15.1-38, or any associated rules, if the waiver:
1. Improves the delivery of education;
2. Improves the administration of education;
3. Provides increased educational opportunities for students; or
4. Improves the academic success of students.
The initial waiver must be for a specific period of time but may not exceed one year. The school district may apply for extensions of the waiver. The first extension may not exceed a period of one year. Additional extensions may not exceed periods of two years.
If the superintendent of public instruction, after receipt and consideration of an application for a waiver under this section, approves the waiver, the superintendent shall file a report with the legislative management. The report must provide a detailed account of the reasons for which the waiver was granted and the specific time period for the waiver. If the superintendent of public instruction denies an application for a waiver under this section, the superintendent shall file a notice of denial with the legislative management. If requested, the superintendent shall appear and respond to questions regarding the approval or denial of any application for a waiver under this section.
The superintendent of public instruction shall adopt rules governing the submission and evaluation of applications and the monitoring of any school or school district that receives a waiver under this section.

Source:

S.L. 2001, ch. 175, § 3; 2009, ch. 482, § 12; 2017, ch. 132, § 1, eff August 1, 2017.

15.1-06-08.2. Innovative education program — Participation — Reports to legislative management.

The superintendent of public instruction shall adopt rules to administer this section and develop criteria for the submission, approval, and evaluation of the proposals and plans under this section.
The superintendent of public instruction may accept a proposal from any public or nonpublic school, upon approval by the school board or governing board, for participation in an innovative education program. The proposal must include evaluation criteria and specify the innovations to be pursued at the school or school district level and the manner in which the proposal will:
1. Improve the delivery of education;
2. Improve the administration of education;
3. Provide increased educational opportunities for students; or
4. Improve the academic success of students.
The superintendent of public instruction may approve the proposal, reject the proposal, or work with the submitting school to modify the proposal.
During the school’s initial year of participation in the innovative education program, the school shall develop a comprehensive implementation plan and work with the superintendent of public instruction to ensure the long-term viability of the proposal.
The superintendent of public instruction may approve the comprehensive implementation plan developed under subsection 4 for a period of up to five years. If, due to a change in circumstances, there is a determination by either the school or the superintendent of public instruction that modifications to the comprehensive implementation plan are necessary, the school and the superintendent of public instruction shall work with each other to achieve the necessary modifications.
The superintendent of public instruction may revoke any waiver granted under section 15.1-06-08.1 if the superintendent of public instruction determines the school has failed to perform in accordance with the agreed upon terms of the program or failed to meet the requirements of this section.
Any school participating in the program shall provide program evaluation data to the superintendent of public instruction at the time and in the manner requested by the superintendent of public instruction.
The superintendent of public instruction shall provide annual reports to the legislative management regarding the innovative education program, including:
1. The status of the implementation plan;
2. A summary of any waived statutes or rules; and
3. A review of evaluation data results.

Source:

S.L. 2017, ch. 132, § 2, eff August 1, 2017.

15.1-06-09. Inspection of public schools — Submission of inspection report — Correction of deficiencies.

The state fire marshal or the state fire marshal’s designee shall inspect each public school in this state at least once every three years, prepare an inspection report, and provide copies of the report to the superintendent of the school district and the superintendent of public instruction.
1. If a deficiency is noted, the superintendent of the school district shall submit a plan of correction to the state fire marshal or the state fire marshal’s designee and shall remedy the deficiency within a time period acceptable to the state fire marshal or the state fire marshal’s designee and the school board affected by the deficiency, but not later than the next budget period.
2. If the report discloses an imminent fire hazard, the state fire marshal or the state fire marshal’s designee shall immediately notify the school board, the school district superintendent, and the superintendent of public instruction. Upon a recommendation of immediate closure by the superintendent of public instruction, the school board and the school district superintendent may immediately close some or all of the school until the fire hazard is eliminated. In the case of a closure, the school district superintendent shall cooperate with the superintendent of public instruction to make adequate arrangements for the interim education of all affected students.

Source:

S.L. 1999, ch. 196, § 6.

Law Reviews.

Case Comment: Schools — District Liability: Political Subdivision Liability and School Duties Prevail Over Recreational Use Immunity: M.M. v. Fargo Public School District No. 1, 2010 ND 102, 783 N.W.2d 806, see 86 N.D. L. Rev. 689 (2010).

15.1-06-10. Inspection of nonpublic schools — Submission of inspection report — Correction of deficiencies.

The state fire marshal or the state fire marshal’s designee shall inspect each nonpublic school in this state at least once every three years, prepare an inspection report, and provide copies of the report to the administrator of the school and the superintendent of public instruction.
1. If a deficiency is noted, the administrator of the school shall submit a plan of correction to the state fire marshal or the state fire marshal’s designee and shall remedy the deficiency within a time period acceptable to the state fire marshal or the state fire marshal’s designee.
2. If the report discloses an imminent fire hazard, the state fire marshal or the state fire marshal’s designee shall immediately notify the administrator of the school and the superintendent of public instruction. Upon a recommendation of immediate closure by the superintendent of public instruction, the administrator may immediately close some or all of the school until the fire hazard is eliminated. In the case of a closure, the administrator shall cooperate with the superintendent of public instruction to make adequate arrangements for the interim education of all affected students.

Source:

S.L. 1999, ch. 196, § 6; 2021, ch. 141, § 4, eff August 1, 2021.

Law Reviews.

15.1-06-14. Use of schools for purposes other than education.

The board of a school district may permit the district’s schools and facilities to be used for purposes other than the education of students, provided the usage does not interfere with the education of students. The board may impose restrictions on the usage provided the restrictions are nondiscriminatory and may impose a charge for the usage.

Source:

S.L. 1999, ch. 196, § 6.

15.1-06-14.1. Patriotic society — Permission to speak to students at public schools.

For purposes of this section, “youth patriotic society” means a youth group that promotes patriotism, civic education, and civic involvement, listed under title 36, United States Code, subtitle II, part b, as of January 1, 2021.
Representatives of a youth patriotic society must be allowed to speak to students during regular school hours at each public school in the state during the first quarter of each academic school year to inform the students about the society and to explain how students may participate in or join the society. The youth patriotic society shall provide the school principal with notice of the society’s intent to speak to the students. A school principal may designate the time, place, and manner in which representatives of a youth patriotic society are allowed to speak to students.

Source:

S.L. 2021, ch. 143, § 1, eff August 1, 2021.

15.1-06-15. Solicitations and sales in schools — Permission required — Accounting for proceeds — Penalty.

No person may sell, solicit for sale, or advertise the sale of any merchandise, product, or service on school premises, or organize students for any such purpose, without first obtaining the permission of the school board, the school district superintendent, or the school principal. This section does not apply to a student or school district employee who sells or attempts to sell a single item of personal property or a limited number of personal property items.
The proceeds of any sale, by students or student groups, made for school activities must be accounted for to the school board not more than thirty days after the sale.
Any person who violates any provision of this section is guilty of an infraction.

Source:

S.L. 1999, ch. 196, § 6.

DECISIONS UNDER PRIOR LAW

Theatrical Entertainments.

A school board may rent its high school auditorium for theatrical entertainments. Simmons v. Board of Educ., 61 N.D. 212, 237 N.W. 700, 1931 N.D. LEXIS 268 (N.D. 1931).

Collateral References.

Use of public school premises for religious purposes during nonschool time, 79 A.L.R.2d 1148.

Use of school property for other than public school or religious purposes, 94 A.L.R.2d 1274.

15.1-06-16. Disturbance of a public school — Penalty.

It is a class B misdemeanor for any person to:

Willfully disturb a public school that is in session;
Willfully interfere with or interrupt the proper order or management of a public school by an act of violence, boisterous conduct, or threatening language; or
Rebuke, insult, or threaten a teacher in the presence of a student.

Source:

S.L. 1999, ch. 196, § 6.

Notes to Decisions

Teacher.

Commonly understood meaning of the word “teacher” in N.D.C.C. § 15.1-06-16, making it a crime to threaten a teacher, included a woman who was working as a teacher’s aide but who was licensed as a teacher, was the only figure in authority in the classroom, and was preparing a lesson at the time defendant threatened her. State v. Maki, 2009 ND 123, 767 N.W.2d 852, 2009 N.D. LEXIS 134 (N.D. 2009).

Collateral References.

Participation of student in demonstration on or near campus as warranting imposition of criminal liability for breach of peace, disorderly conduct, trespass, unlawful assembly, or similar offense, 32 A.L.R.3d 551.

15.1-06-17. United States flag — Display.

The board of a school district shall display a United States flag on the grounds of each school in the district during each schoolday in seasonable weather.

Source:

S.L. 1999, ch. 196, § 6.

15.1-06-17.1. Religious objects or documents — Display.

A religious object or document of cultural, legal, or historical significance which has influenced the legal and governmental systems of the United States and this state may be displayed in a public school building together with other objects or documents of cultural, legal, or historical significance, which have influenced the legal and governmental systems of the United States and this state. The display of a religious object or document under this section must be in the same manner and appearance generally as other objects and documents displayed and may not be presented or displayed in any fashion that results in calling attention to the religious object or document apart from the other displayed objects or documents. A school board shall develop a policy for the proper display of any religious objects or documents.

Source:

S.L. 2001, ch. 176, § 1.

Collateral References.

Erection, maintenance, or display of religious structures or symbols on public property as violation of religious freedom, 36 A.L.R.3d 1256.

Bible distribution or use in public schools—modern cases, 111 A.L.R. Fed. 121.

15.1-06-17.2. National motto — Display in schools.

The motto of the United States of America “IN GOD WE TRUST” may be displayed in each public school.

Source:

S.L. 2003, ch. 149, § 1.

15.1-06-18. School report — Review. [Repealed]

Source:

S.L. 1999, ch. 196, § 6; 2017, ch. 129, § 7, eff August 1, 2017; Repealed by 2021, ch. 139, § 1, eff August 1, 2021.

15.1-06-19. Counselor positions — Requirement.

Beginning with the 2010-11 school year, each school district must have available one full-time equivalent school counselor for every three hundred students in grades seven through twelve.
Beginning with the 2022 - 23 school year, each school district must have available one full - time equivalent school counselor for every three hundred students in grades kindergarten through six.
Up to one-third of the full-time equivalency requirement established in subsection 1 may be met by career advisors.
For purposes of this section, a “career advisor” means an individual who holds a certificate in career development facilitation issued by the department of career and technical education under section 15-20.1-24 or an individual who is provisionally approved by the department of career and technical education under section 15-20.1-25 to serve as a career advisor.

DECISIONS UNDER PRIOR LAW

Application of Election Provisions.

An increase of the debt limit of a school district is no part of the school reorganization plan nor is it a modification of the plan but it is a new and separate decision made by the electorate of the reorganized district and the question is not governed by the voting procedures of the reorganization law but by the procedures of N.D.C.C. chapter 15-48. Halldorson v. State Sch. Constr. Fund, 224 N.W.2d 814, 1974 N.D. LEXIS 136 (N.D. 1974).

15.1-07-05. District’s limit of indebtedness — Ballot.

In an election to increase a school district’s limit of indebtedness, the ballots must state the question in clear and concise language.

Source:

S.L. 1999, ch. 196, § 7.

DECISIONS UNDER PRIOR LAW

Ballots.

S.L. 1999, ch. 196, § 7; 2015, ch. 140, § 1, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 140, S.L. 2015 became effective August 1, 2015.

DECISIONS UNDER PRIOR LAW

Annexation Proceeding.

Only citizens having a constitutional statutory right to vote in the contiguous territory of which they are residents are eligible to sign an application to have territory of one school district detached and annexed to another school district. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

A board of county commissioners had no jurisdiction to detach uninhabited territory from one school district and attach it to another school district on sole application of the nonresident owners of the land. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

Applicability of Registry Law.

Under the statute in force in 1911, the registry law as it affected the right to vote applied only to males. Wagar v. Prendeville, 21 N.D. 245, 130 N.W. 224, 1911 N.D. LEXIS 81 (N.D. 1911).

15.1-07-15. School district election — Violation — Penalty.

An individual who willfully violates the provisions of this title in relation to elections is guilty of a class A misdemeanor.

Source:

S.L. 1999, ch. 196, § 7.

15.1-07-16. New district — Enumeration.

The board of a school district organized after the annual enumeration has been taken shall proceed immediately to take the enumeration, as provided by law, and after receipt of the enumeration by the superintendent of public instruction, the newly organized district shall receive its share of apportioned funds.

Source:

S.L. 1999, ch. 196, § 7; 2003, ch. 150, § 1.

15.1-07-17. School district contracts — Conflict of interest — Penalty.

A school board member or other school officer who has a conflict of interest in any contract requiring the expenditure of school funds shall disclose the conflict to the board and may not participate in any discussions or votes regarding that contract without the consent of all other board members.
For purposes of this section, a conflict of interest means the personal, professional, or pecuniary interest of an individual, the individual’s spouse or relative, or the individual’s business or professional associate.
Any person who violates this section is guilty of a class A misdemeanor.

Source:

S.L. 1999, ch. 196, § 7; 2001, ch. 161, § 9.

DECISIONS UNDER PRIOR LAW

Incompatible Positions.

Adoption of this statute in no way abrogated common-law rule against holding of incompatible positions of teacher and school board member; teacher who had been elected to school board was allowed to choose which position he would vacate. Tarpo v. Bowman Pub. Sch. Dist., 232 N.W.2d 67, 1975 N.D. LEXIS 107 (N.D. 1975).

15.1-07-18. Offer of reward — Purchase of school supplies — Penalty.

It is a class A misdemeanor for any person to give or offer to a county superintendent of schools, a school board member, or a school district employee a commission, fee, or other reward for the purchase by the district of any textbooks, furniture, or school supplies.

Source:

S.L. 1999, ch. 196, § 7.

Cross-References.

Penalty for failure to construct doors of public buildings as required, see N.D.C.C. § 23-13-05..

15.1-07-19. Reward for purchase of school supplies — Penalty.

It is a class B misdemeanor for a county superintendent of schools, a school board member, or a school district employee to accept a commission, fee, or other reward for the purchase by the district of any textbooks, furniture, or school supplies.

Source:

S.L. 1999, ch. 196, § 7.

15.1-07-20. School vehicle driver — Requirements.

1. Except as otherwise provided in this subsection, if an individual transports students or other passengers in a school vehicle for which a commercial driver’s license is not required, the individual must:
  1. Hold a North Dakota driver’s license;
  2. Be free from communicable diseases;
  3. Be in good physical health and have normal use of both hands, both feet, both eyes, and both ears;
  4. Be of sound mental health;
  5. Pass any drug and alcohol screening tests required by the school board; and
  6. Be at least twenty-one years of age, unless the board of a school district determines that an individual not meeting this requirement can safely and adequately perform the required duties.
2. If the vehicle being used to transport students or other passengers under this subsection is a school vehicle for which a commercial driver’s license is not required, but which is designed to seat ten to fifteen passengers, the individual must:
  1. Hold a North Dakota driver’s license;
  2. Meet the physical and medical requirements established for commercial vehicle drivers;
  3. Complete any annual training required by the superintendent of public instruction;
  4. Be at least twenty-one years of age, unless the board of a school district determines that an individual not meeting this requirement can safely and adequately perform the required duties; and
  5. Complete the national safety council defensive driving course number four workshop within the first year of employment and at least once every five years thereafter.
1. The board of a school district may request, at any time, that a health care professional designated by the board examine an individual to determine if the individual meets the physical and medical requirements of subsection 1.
2. The health care professional conducting the examination shall forward any charges to the individual’s insurance carrier for payment. Any examination costs for an initial examination and recertification examinations required to comply with chapter 15.1-07 which remain after application of the individual’s insurance coverage are the responsibility of the board. For any additional examinations, unless otherwise provided for by the board, any costs that remain after application of the individual’s insurance coverage are the responsibility of the individual.

Source:

S.L. 1999, ch. 196, § 7; 2007, ch. 166, § 1; 2007, ch. 167, § 1; 2015, ch. 138, § 1, eff August 1, 2015; 2019, ch. 150, § 1, eff August 1, 2019; 2019, ch. 151, § 1, eff August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 138, S.L. 2015 became effective August 1, 2015.

Note.

Section 15.1-07-20 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 151, Session Laws 2019, House Bill 1369; and Section 1 of Chapter 150, Session Laws 2019, House Bill 1385.

DECISIONS UNDER PRIOR LAW

Employment of School Bus Driver.

Under prior section the school board of a common school district was authorized to hire a driver for a school bus who met the qualifications prescribed by law. Herman v. Medicine Lodge Sch. Dist., 71 N.W.2d 323, 1955 N.D. LEXIS 117 (N.D. 1955).

15.1-07-20.1. School district business manager — Employment — Oversight — Reports to board.

All decisions regarding the selection and employment of a school district business manager and all decisions regarding the suspension and dismissal of a school district business manager belong to the board of a school district, as set forth in section 15.1-09-33.
The board shall exercise administrative oversight with respect to the school district business manager unless the board has established an alternate supervisory structure that is clearly defined in the board’s policy and is represented in the school district’s organizational chart, and through board action delegates to the superintendent supervisory responsibility of the business manager’s daily operations.
All financial reports, whether statutorily mandated or requested by the board, and whether written or oral, must be personally presented to the board by the school district business manager.

History. S.L. 2015, ch. 140, § 2, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

15.1-07-21. School district business manager — Duties.

The business manager of a school district shall:

Keep a true and accurate record of all school board proceedings.
Hold all books and records of the district and deliver them to the business manager’s successor in office.
Prepare and submit an annual report to the board and to the county superintendent of schools.
Authorize the preparation of all negotiable instruments as directed by the board.
Perform all duties required by law.
Perform duties required by the board.
Keep true and accurate district financial records.
Prepare and submit a school district financial report to the board quarterly or in the case of a business manager for a district having only one-room or two-room schools, to submit the report at the request of the board.
Produce all district financial records when directed to do so by the board.
Maintain custody of all district moneys coming into the business manager’s hands.
Pay out district moneys under the business manager’s control as directed by the board.
Receive and maintain custody of all moneys to which the district or the board is entitled.

Source:

S.L. 1999, ch. 196, § 7.

DECISIONS UNDER PRIOR LAW

Analysis

Annual Report.
Clerk Not a Member of School Board.
Vacancy.

Annual Report.

The clerk of a school district must prepare and transmit his annual report to the county superintendent of schools. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

Clerk Not a Member of School Board.

The governing board of a school district is its school board; the clerk of a school district is not a member of the board, nor do the clerk’s duties encompass receipt of service of process for the school board. Elliot v. Drayton Pub. Sch. Dist., 406 N.W.2d 655, 1987 N.D. LEXIS 319 (N.D. 1987).

Vacancy.

In case of vacancy in the office of a director or treasurer of a school district, the county superintendent of schools was authorized to appoint a person to fill the vacancy until the next election. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

In a case of vacancy in the office of school treasurer, the county treasurer performs the duties of the office until the vacancy is filled. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

15.1-07-22. School district business manager — Affirmation or oath of office. [Repealed]

Repealed by S.L. 2001, ch. 161, § 37.

15.1-07-23. School district business manager — Bond.

Any person serving as a school district business manager shall furnish to the school board a bond in an amount to be fixed by the school board and equal to at least twenty-five percent of the maximum amount of money subject to the business manager’s control at any one time. The bond must be conditioned for the faithful discharge of the business manager’s duties, including the maintenance of accurate financial records and the safekeeping and deliverance of all school district property and funds that come into the business manager’s control.

Source:

S.L. 1999, ch. 196, § 7; 2007, ch. 162, § 3.

DECISIONS UNDER PRIOR LAW

Approval of Bond.

The school treasurer, upon refusal of the school board to approve his bond, may present the same to the county superintendent for approval. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

15.1-07-24. School district business manager — Funds — Accounting.

Unless otherwise provided by law, the business manager of a school district is responsible for the safekeeping of all school district funds. The business manager shall keep a general account of the district’s receipts and expenditures and itemized accounts for each class of receipts and expenditures, unless otherwise directed by the superintendent of public instruction.

Source:

S.L. 1999, ch. 196, § 7.

DECISIONS UNDER PRIOR LAW

Control of Funds Limited.

The custody of funds granted treasurer by this section is limited by other provisions and treasurer, in depositing funds upon order of the district board and in compliance with the statutes, is not liable on his official bond for loss of the funds through failure of the depositary. Board of Educ. v. Nelson, 33 N.D. 462, 157 N.W. 664, 1916 N.D. LEXIS 109 (N.D. 1916).

Payment of Warrants.

A school district treasurer is a ministerial officer without discretion respecting the payment of warrants properly drawn and signed. School Dist. v. Shinn, 61 N.D. 160, 237 N.W. 693, 1931 N.D. LEXIS 258 (N.D. 1931).

Where warrants were endorsed by the school district treasurer as provided by law to the effect that they had been duly presented for payment and not paid for want of funds, the statute of limitations did not commence to run until the warrants were called for payment and notice given to the holder as required by law. Osage Farmers Nat'l Bank v. Van Hook Special Sch. Dist., 66 N.D. 196, 263 N.W. 162, 1935 N.D. LEXIS 187 (N.D. 1935).

15.1-07-25. School district records — Open — Exception.

Except as otherwise provided by law, all records and documents of a school district are open to examination by any person. These records and documents, or copies certified by the business manager, are prima facie evidence of the facts set forth in the records and documents.
If a complaint is filed concerning a school district employee and an administrative investigation is conducted, any record or document generated as part of the administrative investigation is confidential and not subject to the requirements of this section or section 44-04-18, until the investigation is completed. The investigation and any determination of disciplinary action may not exceed sixty days from the date the complaint is filed.

Source:

S.L. 1999, ch. 196, § 7.

DECISIONS UNDER PRIOR LAW

Exceptions.

For an exception to the open-records law to exist it must be specific, i.e., the legislature must directly address the status of the record in question; therefore, the contention that an exception to the open-records law for teacher personnel files should be implied from former section 15-47-38 must fail. Hovet v. Hebron Pub. Sch. Dist., 419 N.W.2d 189, 1988 N.D. LEXIS 21 (N.D. 1988).

Law Reviews.

Constitutional Right of Privacy — Open Records: North Dakota Upholds Personnel File as Governmental Record Open for Public Inspection,72 N.D. L. Rev. 745 (1996).

15.1-07-25.1. Student names and addresses — Authorized disclosure.

Notwithstanding section 44-04-18.13, and subject to any limitations on the disclosure of directory information under title 34, Code of Federal Regulations, part 99, sections 31, 33, and 37, each high school shall provide to the North Dakota university system a list of all students enrolled in grades ten and eleven as of April fifteenth of each year, together with the students’ addresses and telephone numbers. The North Dakota university system shall disclose this information to each institution under the control of the state board of higher education and to each nonpublic university and college in this state.

Source:

S.L. 2011, ch. 133, § 1.

Effective Date.

This section became effective August 1, 2011.

15.1-07-25.2. School district records — Retention.

A school district shall permanently retain the minutes of each school board meeting.
Unless otherwise provided by law, a school district shall retain payroll records and records of revenues and expenditures for a period of five years.
A school district may consult with the state archivist before disposing of records in order to determine whether the records may have any archival value.

History. S.L. 2015, ch. 140, § 3, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

15.1-07-25.3. Protection of student data — School district policy.

The board of each school district shall adopt a policy regarding the protection of student data.
The policy must require that permission be obtained from the board before any student data is shared with an individual who is not a school district employee or shared with any other entity. This provision does not apply to the sharing of data with a student’s parent or to the sharing of data, if required by law.
The policy must require the school district superintendent to compile:
1. A list of all individuals with whom, and entities with which, student data is shared; and
2. A list, by title, of all school district personnel who have access to student data.
A school district shall make copies of the policy available upon request.

History. S.L. 2015, ch. 141, § 1, eff July 1, 2015.

Effective Date.

This section became effective July 1, 2015.

§ 15.1-07-25.4. Virtual learning — School district policy — Report to legislative management.

The board of a school district or governing board of a nonpublic school that operates a physical school plant may adopt a policy to allow students to engage in virtual instruction and in the case of a school district, qualify for average daily membership in the district. The superintendent of public instruction shall adopt rules governing policies under this section. A policy adopted by a school district under this section must comply with the rules adopted by the superintendent of public instruction. The superintendent of public instruction shall provide biennial reports to the legislative management regarding the academic performance metrics of students participating in virtual instruction under this section.

Source:

S.L. 2021, ch. 140, § 2, eff August 1, 2021; 2021, ch. 141, § 5, eff August 1, 2021.

Note.

Section 15.1-07-25.4 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 140, Session Laws 2021, House Bill 1232; and Section 5 of Chapter 141, Session Laws 2021, House Bill 1388.

15.1-07-26. School district demographics — Long-term planning process.

Between January first and June thirtieth of every even-numbered year, the board of each school district shall invite the public to participate in a planning process addressing the effects that demographics might have on the district in the ensuing three-year and five-year periods, and specifically addressing potential effects on:
1. Academic and extracurricular programs;
2. Instructional and administrative staffing;
3. Facility needs and utilization; and
4. District tax levies.
At the conclusion of the planning process, the board shall prepare a report, publish a notice in the official newspaper of the district indicating that the report is available, and make the report available upon request.

Source:

S.L. 2003 Sp., ch. 667, § 1.

15.1-07-27. High school district — Change to elementary district — Prohibited.

Beginning July 2, 2003, a high school district may not become an elementary district.
Subsection 1 does not apply to school districts participating in cooperative agreements approved by the superintendent of public instruction.

S.L. 2007, ch. 2313, § 1; Repealed by 2019, ch. 152, § 1, eff August 1, 2019.

15.1-07-32. Student performance strategist — Verification — Qualifications.

Each school district must have available one full-time equivalent student performance strategist for every four hundred students in average daily membership in kindergarten through grade three. Each school district shall submit documentation to the superintendent of public instruction, at the time and in the manner directed by the superintendent, verifying the amount of time that each student performance strategist expended in tutoring students on a one-to-one basis or in groups ranging from two to five, or in providing instructional coaching to teachers. For purposes of this section, a “student performance strategist” must:

1. Meet the requirements of an elementary school teacher as set forth in section 15.1-18-02.1; or
2. Be licensed to teach or approved to teach by the education standards and practices board and hold a special education endorsement or credential; and
Serve as a tutor or an instructional coach.

Source:

S.L. 2009, ch. 175, § 8; 2013, ch. 13, § 23; 2017, ch. 138, § 1, eff April 13, 2017.

15.1-07-33. Student information system — Exemption.

Notwithstanding any other technology requirements imposed by the superintendent of public instruction or the information technology department, each school district shall implement the state student information system administered by the information technology department and use it as its principal student information system. Each school district shall use a state course code, assigned by the department of public instruction, to identify all local classes in the state student information system.
The statewide longitudinal data system committee may exempt a school district from having to implement and utilize the state student information system if the school district demonstrates that:
1. The district has acquired and is using a student information system determined to be compatible with the statewide longitudinal data system; or
2. In accordance with requirements of the bureau of Indian education, the district has acquired and is utilizing a student information system that is determined to be comparable by the superintendent.

Source:

S.L. 2009, ch. 175, § 9; 2011, ch. 147, § 2; 2015, ch. 47, § 18, eff July 1, 2015; 2017, ch. 143, § 2, eff August 1, 2017; 2019, ch. 153, § 1, eff August 1, 2019; 2021, ch. 56, § 3, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 18 of chapter 47, S.L. 2015 became effective July 1, 2015.

15.1-07-34. Youth behavioral health training to teachers, administrators, and ancillary staff.

Every two years, each school district shall provide a minimum of eight hours of professional development on youth behavioral health to elementary, middle, and high school teachers, and administrators. Each school district shall encourage ancillary and support staff to participate in the professional development. Based on the annual needs assessment of the school district, these hours must be designated from the following categories:
1. Trauma;
2. Social and emotional learning, including resiliency;
3. Suicide prevention;
4. Bullying;
5. Understanding of the prevalence and impact of youth behavioral health wellness on family structure, education, juvenile services, law enforcement, and health care and treatment providers;
6. Knowledge of behavioral health symptoms, and risks;
7. Awareness of referral sources and evidence-based strategies for appropriate interventions;
8. Other evidence-based strategies to reduce risk factors for students; or
9. Current or new evidence-based behavior prevention or mitigation techniques.
Each school district shall report the professional development hours required under subsection 1 to the department of public instruction.
Each school within a district shall designate an individual as a behavioral health resource coordinator.
The superintendent of public instruction shall collaborate with regional education associations to disseminate information, training and instructional materials, and notice of training opportunities to school districts and nonpublic schools.
The superintendent of public instruction shall maintain the contact information of the behavioral health resource coordinator in each school.

History. S.L. 2015, ch. 139, § 2, eff July 1, 2015; 2017, ch. 350, § 1, eff August 1, 2017; 2019, ch. 149, § 3, eff July 1, 2019; 2019, ch. 154, § 1, eff August 1, 2019.

Effective Date.

This section became effective July 1, 2015.

Note.

Section 15.1-07-34 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 149, Session Laws 2019, Senate Bill 2265; and Section 1 of Chapter 154, Session Laws 2019, Senate Bill 2149.

15.1-07-35. School districts — Policy — Alternative curriculum outside the classroom — Participation — Report to legislative management.

For purposes of this section:
1. “Educational opportunity” means instruction outside the classroom which meets course content standards, as determined by the superintendent of public instruction. The term includes work - based learning, pre - apprenticeships, apprenticeships, internships, industry certifications, and community programs.
2. “Sponsoring entity” means a business, for - profit organization, nonprofit organization, trade association, parent of a student, teacher, or administrator that partners with a school district or governing board of a nonpublic school to provide educational opportunities for students.
The superintendent of public instruction shall adopt rules to administer this section.
The board of a school district or governing board of a nonpublic school may adopt a policy to allow students enrolled in grades six through twelve to earn course credit through educational opportunities with a sponsoring entity.
A policy adopted under this section must provide criteria for:
1. The submission, approval, and evaluation of proposals for educational opportunities by sponsoring entities for which a student may earn course credit;
2. Sponsoring entity eligibility; and
3. Educational opportunity accountability.
The board of a school district or governing board of a nonpublic school may accept a proposal from any eligible sponsoring entity. To be approved, a proposal must:
1. Provide increased educational opportunities for students;
2. Improve the academic success of students; and
3. Identify a teacher of record who is employed by the school district or nonpublic school, is licensed under chapter 15.1 - 18, and has approved the proposal.
Upon approval by the board of a school district or governing board of a nonpublic school, the proposal must be submitted to the kindergarten through grade twelve education coordination council for review and to the superintendent of public instruction for approval before implementation. The superintendent of public instruction shall approve or deny a proposal under this section within ninety days of submission.
If a proposal is denied under subsection 6, the superintendent shall provide the board of a school district or governing board of a nonpublic school with a written explanation, including the reasons for denial.
If a proposal is approved by the superintendent of public instruction, the board of a school district or governing board of a nonpublic school shall implement the proposal and allow students to participate in the educational opportunity for course credit.
Any school district or nonpublic school participating in the program shall provide evaluation data to the superintendent of public instruction at the time and in the manner requested by the superintendent of public instruction.
The superintendent of public instruction may revoke proposal approval if the superintendent of public instruction determines the school district, nonpublic school, or sponsoring entity failed to comply with the agreed upon terms of the educational opportunity proposal or the school district policy, or failed to meet the requirements of this section.
If approval of a proposal is revoked under subsection 10, the superintendent of public instruction shall provide a report to the legislative management regarding the revocation.
The superintendent of public instruction shall provide information on the superintendent of public instruction’s website and in biennial reports to the legislative management regarding proposals under this section.

Source:

S.L. 2021, ch. 145, § 1, eff August 1, 2021.

CHAPTER 15.1-08 School Districts for Military Installations

15.1-08-01. Military installation — School district formation.

The state board of public school education may form a school district on a military installation provided:

The state board is requested to do so by the base commander of the installation;
The state board schedules and holds a public hearing after publishing notice of the hearing in the official newspaper of the county in which the proposed school district is to be located, at least fourteen days before the date of the hearing; and
The boundaries of the district are coterminous with all lands over which the installation has exclusive concurrent or proprietary jurisdiction.

Give primary consideration to the education and social well-being of the students residing in the school district.
Respect the wishes of the students’ parents regarding the provision of education to the students.
Contract for the provision of education to the students residing in the district.
Conduct all board meetings as required by section 44-04-19.

The board of a school district must be composed of five, seven, or nine members.
The size of a school board may be increased to seven or nine members or decreased to seven or five members if a petition is signed by qualified electors of the school district equal in number to at least one-third of those who voted at the most recent annual school district election and the change is approved by a majority of the qualified electors of the school district voting on the question at a special election called for that purpose.
If a majority of the qualified voters in a school district elect to increase the size of the school board, the additional members must be elected to the board at the next annual school district election in the same manner as other board members.
1. If the total number of board members after approval of the increase is seven, the terms of three members extend until the first annual election, the terms of two members extend until the second annual election, and the terms of the remaining two members extend until the third annual election.
2. If the total number of board members after approval of the increase is nine, the terms of three members extend until the first annual election, the terms of three members extend until the second annual election, and the terms of the remaining three members extend until the third annual election.
3. The length of the terms specified in this subsection must be determined by lot.
4. All board members shall serve for the terms specified in this subsection and until their successors are elected and qualified.
5. The length of any term in existence before the increase in board membership and held by a board member who is duly qualified may not be modified.
6. Terms subsequent to the first term are for the normal period of three years and extend until a successor is elected and qualified.
The voters of a school district shall elect school board members at large. If, however, the district has been reorganized, board members may be elected at large, by geographical area, or at large by geographical area.
An election on a reorganization proposal takes the place of the petition and election requirements of this section. Approval of the reorganization proposal has the same effect as if the approval were by the election provided for in this section.
If the qualified electors of a district approve a reduction in the size of the school board, the excess number of members will serve out existing terms until the number approved by the electors has been reached.
If the board of a school district has elected to convert its members’ terms to four years and has also increased the number of its board members, the board by lot or by some other random selection method shall provide for a combination of initial terms of office not to exceed four years for the new members. The combination must equalize to the greatest extent possible the number and length of terms for old board members and for new members to be elected during the next three election years. The members’ terms must be staggered and must expire in even-numbered years.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 161, § 11; 2005, ch. 167, § 5; 2015, ch. 142, § 1, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 142, S.L. 2015 became effective August 1, 2015.

DECISIONS UNDER PRIOR LAW

Clerk Not a Member of School Board.

15.1-09-01.1. School board membership — Prohibition.

If a tribal government has prescribed by tribal law or resolution qualifications for eligibility for public office relating to criminal convictions which are more restrictive than the laws of this state, the qualifications for eligibility for membership of a public school board of a school district located on tribal land may not be less restrictive than the qualifications for eligibility prescribed by tribal law or resolution for public office relating to criminal convictions. For purposes of this section, “tribal land” means that portion of the land within the exterior boundaries of an Indian reservation which is located in the state.

Source:

S.L. 2019, ch. 155, § 1, eff April 9, 2019; 2019, SB2265, § 4, eff May 2, 2019.

Note.

Section 15.1-09-01.1 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 149, Session Laws 2019, Bill 2265; and Section 1 of Chapter 155, Session Laws 2019, Senate Bill 2230.

15.1-09-02. School boards — Terms of office.

The term of each elected member of a school board is three years, except when the member is completing the unexpired term of another. The term of office for a school board member begins at the annual meeting in July following the member’s election and continues until a successor is elected and qualified.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 178, § 1.

15.1-09-03. School boards — Changes in terms of office.

A school board by resolution may change the terms of office for its members from three to four years. The resolution must provide that upon the expiration of each member’s current three-year term, the term of office for that position on the board will become four years. The resolution may provide for the conversion of one position to a two-year term and, thereafter, to a four-year term. If the resolution so provides, the term must be chosen by lot. If as a result of an extension to four years a term would conclude in an odd-numbered year, the resolution must provide for one transitional three-year term before the four-year term commences.
If a school board changes its terms of office as provided for in this section:
1. References in this title to annual elections mean biennial elections when applied to the board; and
2. The election held pursuant to section 15.1-09-31 must be held in even-numbered years.
A school board that has converted the terms of its members to four years may revert to three-year terms by passing a resolution providing for the reversion. When the four-year term of each board member holding office on the date of the resolution’s passage expires, the term of office for that position becomes three years.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-04. Rural members of school board — Definitions.

Except as provided in subsection 2:
1. At least two members of a school board must be rural members if a district contains six or more sections of land, has a city within its boundaries, and a district population of two thousand or fewer.
2. At least one member of a school board must be a rural member if a district contains six or more sections of land, has within its boundaries a city of more than two thousand but fewer than fifteen thousand, and has at least twenty-five families residing on farms outside the corporate limits of the city but within the district and sending children to school in the district.
3. If the taxable valuation of agricultural property in the rural area of a district containing a city is greater than the taxable valuation of the urban area, the majority of the members of the school board must be rural members.
4. If the variance in population between the geographic voting areas of a school district is greater than ten percent, all qualified voters in the district may vote for each school board candidate.
A reorganization plan under chapter 15.1-12 may provide for school board membership requirements that are different from those in subsection 1.
For purposes of this section, a rural school board member is one who resides on a farm outside the corporate limits of a city or one who resides within a city that according to the latest federal census has a population of two hundred or fewer and is located within a district that has four or more incorporated cities.
For purposes of this section:
1. “Agricultural property” means property located outside the limits of an incorporated city and zoned agricultural.
2. “Rural” means outside the limits of an incorporated city.

Source:

S.L. 1999, ch. 196, § 9; 2007, ch. 169, § 1.

DECISIONS UNDER PRIOR LAW

Applicability.

This statute was inapplicable where school district population exceeded 2,000, taxable assessed valuation of urban area exceeded that of rural area, and there was only one city within the school district. Stearns v. Twin Butte Pub. Sch. Dist., 185 N.W.2d 641, 1971 N.D. LEXIS 186 (N.D. 1971).

15.1-09-05. School board — Vacancies — Appointments.

The business manager of a school district shall notify the county superintendent that a vacancy exists on the school board.
The board of a school district shall fill by appointment or special election any vacant seat on the board. The term of an individual selected by appointment or special election to fill a vacancy extends until a successor is elected and qualified at the next annual election. If a school board fails to fill a vacancy by appointment or fails to call a special election to fill a vacancy within sixty days from the time the vacancy occurred, the county superintendent shall call a special election to fill the vacancy. The election must be conducted in the same manner as the annual school district election.
If a vacancy reduces the membership of a school board to less than a quorum, the state board of public school education shall appoint to the school board as many individuals as necessary to achieve a quorum. The school board then shall fill the remaining vacancies. After the vacancies have been filled, any individual appointed by the state board shall resign and the school board shall fill the vacancy in accordance with this section. After resigning, the individual who had been appointed by the state board may be reappointed by the school board to fill the vacancy.
A vacancy may be declared for any reason set forth in section 44-02-01.
The business manager shall certify any appointment made under this section to the county superintendent of schools.

DECISIONS UNDER PRIOR LAW

Ministerial Duty.

Duty of canvassing board to declare results is purely ministerial. Stearns v. Twin Butte Pub. Sch. Dist., 185 N.W.2d 641, 1971 N.D. LEXIS 186 (N.D. 1971).

15.1-09-15. School district election — Declaration of winner.

On the thirteenth day after the election, the school board shall meet to canvass all election returns and shall declare the result of an election and, in the case of a tie, within three days from the determination of a winner. However, if the election is held under an agreement with a city or county pursuant to sections 15.1-09-22 and 15.1-09-24, the returns must be canvassed and the winners declared as set out in the agreement. The individual receiving the highest number of votes for an office must be declared elected. The board shall record the result of the election.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 179, § 2; 2013, ch. 148, § 2; 2021, ch. 164, § 2, eff August 1, 2021.

15.1-09-16. School district election — Tie breaker.

If the election results in a tie, the business manager of the district shall notify, in writing, the candidates between whom the tie exists. Within three days after the canvass of the election by the school board, at a time agreed upon by the candidates, the election must be decided in the presence of the judges and clerks of the election, by a drawing of names. A candidate involved in a tie vote may withdraw the candidate’s name from consideration if the candidate is willing to sign a statement to that effect in the presence of and witnessed by the filing officer of the election. If no candidates remain, the office is to be filled according to the rules of filling an office when a vacancy exists. The school district business manager shall make and keep a record of the proceedings.

Source:

S.L. 1999, ch. 196, § 9; 2005, ch. 191, § 1; 2013, ch. 148, § 3.

15.1-09-17. Notification of elected individuals — Notice to county superintendent of schools.

Within three days after the canvass by the school board for a school district election, the business manager of the school district shall provide to each elected individual written notice of the individual’s election and of the duty to take an affirmation or oath of office. Within ten days after the canvass by the school board, the business manager shall certify the individuals elected and their terms to the county superintendent of schools.

Source:

S.L. 1999, ch. 196, § 9; 2013, ch. 148, § 4.

DECISIONS UNDER PRIOR LAW

Limitation on Indebtedness.

Where a city and a public school corporation are coterminous, occupy the same territory and comprise the same area and the same population, but are separate and distinct corporate entities, each is qualified to incur indebtedness up to the constitutional limit. In determining the indebtedness of one the indebtedness of the other is not considered. Baldwin v. Board of Educ., 76 N.D. 51, 33 N.W.2d 473, 1948 N.D. LEXIS 59 (N.D. 1948).

15.1-09-18. School district election — Absentee ballots — Recounts.

Absentee ballots must be available in any school district election in accordance with chapter 16.1-07. Section 16.1-16-01 applies to school district elections, except:

The members of the school board not subject to a recount and not disqualified under subdivision c of subsection 2 of section 16.1-05-02 shall perform the duties of the recount board;
The school district business manager shall perform the duties of the county auditor when the election is not combined with the county;
The school board takes the place of the county canvassing board; and
All expenses of the recount must be paid as provided in section 15.1-09-21.

Source:

S.L. 1999, ch. 196, § 9.

DECISIONS UNDER PRIOR LAW

Limitation on Indebtedness.

15.1-09-19. Duties of election officials — Other applicable statutes.

Sections 16.1-08.1-03.3, 16.1-10-01, 16.1-10-06, 16.1-10-06.1, 16.1-10-07, 16.1-10-08, 16.1-13-22, 16.1-13-23, 16.1-13-30, 16.1-15-01, 16.1-15-04, and 16.1-16-04 apply to elections held under sections 15.1-09-09 and 15.1-09-11.

Source:

S.L. 1999, ch. 196, § 9.

DECISIONS UNDER PRIOR LAW

Analysis

Separate Corporate Existence.
Special District.

Source:

S.L. 1999, ch. 196, § 9.

DECISIONS UNDER PRIOR LAW

Analysis

Special District.
Special Elections.

The office of school treasurer in a special school district lying partly without an incorporated village was appointive. State ex rel. Agneberg v. Peterson, 52 N.D. 120, 201 N.W. 856, 1924 N.D. LEXIS 110 (N.D. 1924).

15.1-09-28. School board president — Duties.

The president shall preside at all meetings of the school board, appoint all committees subject to approval by the board, provide authorization for the issuance of negotiable instruments, and perform other acts required by law. A vice president may be elected by the board to serve in the absence of the president at any meeting.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-29. School board — Quorum — Majority vote.

The board of a school district consists of the members elected according to the provisions of this chapter. A majority of the board constitutes a quorum. The agreement of a majority of those members present is necessary for the transaction of any business.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-30. School boards — Meetings.

Each school board shall hold an initial meeting during the month of July following the annual election. The president of the school board shall select a meeting date that is convenient to the other board members and shall provide board members with written notice of the meeting.
Once during each month thereafter, a board shall hold a regular meeting for the transaction of business. The board of any school district having only one-room and two-room schools may meet as often as the board deems necessary, but not less than four times in each year.
Special meetings may be called by the president or by any two members of a board. Written notice of a special meeting must be given to each member of a board.
The attendance of a board member at any meeting, without objection, constitutes a waiver of the notice requirement for that member.
A board of a school district operating under an academic cooperative agreement approved by the superintendent of public instruction may participate in multiboard meetings in addition to, instead of, or in conjunction with the regular board meetings required by this section. Multiboard meetings must be for the purpose of pursuing joint academic or cooperative activities and must be held at the times and locations agreed to by the presidents of the participating boards. In addition to any other requirements set forth in section 44-04-20, the presidents of each school board shall ensure that notice of each multiboard meeting in which the school board will participate is published in the local newspapers of general circulation at least one week before the meeting date.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 178, § 3.

DECISIONS UNDER PRIOR LAW

Notice of Special Meetings.

Where no legal notice of a special meeting of a school board is given, and not all of the members are present, the action of the board at such a meeting will be a nullity. State ex rel. School Dist. v. Tucker, 39 N.D. 106, 166 N.W. 820, 1918 N.D. LEXIS 14 (N.D. 1918).

Binding Action.

Unless taken at meetings held and conducted as required by statute, school districts are not bound by any action taken by their several directors. Gillespie v. Common Sch. Dist., 56 N.D. 194, 216 N.W. 564, 1927 N.D. LEXIS 89 (N.D. 1927).

15.1-09-31. School board proceedings — Publication.

Every two years, at the time of a school district’s annual election of board members, the electors of the district shall determine whether a record of the board proceedings must be published in the official newspaper of the district. If a majority of the electors voting on the question approve the publication, the school district business manager shall provide for publication of the school board proceedings, including an itemized list of obligations approved for payment. If appropriate, the business manager shall require that the newspaper publishing the board proceedings indicate that the published proceedings are subject to review and revision by the board. The business manager shall ensure that the proceedings are published within a reasonable time after each board meeting. A vote to approve the publication is effective for a period of two years or until disapproved at a succeeding school district election.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 161, § 15.

15.1-09-32. School board members — Attendance at workshop.

Within one year of assuming office, each newly elected school board member shall attend an inservice training workshop hosted by the North Dakota school boards association or its designee. The workshop must include presentations on the role of a school board member, the duties of a school board, and education finance.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-33. School board — Powers.

The board of a school district may:

Establish a system of free public schools for all children of legal school age residing within the district.
Organize, establish, operate, and maintain elementary, middle, and high schools.
Have custody and control of all school district property and, in the case of the board of education of the city of Fargo, have custody and control of all public school property within the boundaries of the Fargo public school district and to manage and control all school matters.
Acquire real property and construct school buildings and other facilities.
Relocate or discontinue schools and liquidate the assets of the district as required by law; provided no site may be acquired or building constructed, or no school may be organized, established, operated, maintained, discontinued, or changed in location without the approval of the state board of public school education if outside the boundary of the district.
Purchase, sell, exchange, and improve real property.
Lease real property for a maximum of one year except in the case of:
1. A career and technical education facility constructed in whole or in part with financing acquired under chapter 40-57, which may be leased for up to twenty years; or
2. A lease for the installation of a wireless telecommunications facility, which may be leased for up to twenty years.
Subject to chapter 32-15, exercise the power of eminent domain to acquire real property for school purposes.
Purchase, sell, exchange, improve, and lease for up to one year equipment, furniture, supplies, and textbooks.
Recruit or contract with others to recruit homes and facilities which provide boarding care for special education students.
Provide dormitories for the boarding care of special education students.
Insure school district property.
Independently or jointly with other school districts, purchase telecommunications equipment or lease a telecommunications system or network.
Provide for the education of students by another school district.
Contract with federal officials for the education of students in a federal school.
Prescribe courses of study in addition to those prescribed by the superintendent of public instruction or by law.
Adopt rules regarding the instruction of students, including their admission, transfer, organization, grading, and government.
Join the North Dakota high school activities association and pay membership fees.
Adopt alternative curricula for high school seniors who require fewer than four academic units.
Contract with, employ, and compensate school district personnel.
Contract with and provide reimbursement for the provision of teaching services by an individual certified as an instructor in the areas of North Dakota American Indian languages and culture by the education standards and practices board.
1. Suspend school district personnel;
2. Delegate to the superintendent of the district the authority to suspend school district personnel, except as provided for in section 15.1-15-10; or
3. In the case of a district that does not employ a superintendent, delegate to the individual charged with administering the district the authority to suspend school district personnel, except as provided for in section 15.1-15-10.
Dismiss school district personnel.
Participate in group insurance plans and pay all or part of the insurance premiums.
Contract for the services of a district superintendent, provided that the contract, which may be renewed, does not exceed a period of three years.
Contract for the services of a principal.
Employ an individual to serve as the school district business manager or contract with any person to perform the duties assigned to a school district business manager by law.
Dismiss a school district business manager for cause without prior notice.
Dismiss a school district business manager without cause with thirty days’ written notice.
Defray the necessary and contingent expenses of the board.
Levy a tax upon property in the district for school purposes, as permitted in accordance with chapter 57-15.
Amend and certify budgets and tax levies, as provided in title 57.
Pay dues allowing for the board to hold membership in city, county, state, and national organizations and associations.
Designate, at its annual meeting, a newspaper of general circulation as the official newspaper of the district.
Authorize schools within the district to display the ten commandments with a display of other historical documents in the school and in a classroom.
Authorize schools within the district to permit students to recite the pledge of allegiance.

Source:

S.L. 1999, ch. 196, § 9; 2003, ch. 138, § 49; 2005, ch. 155, § 1; 2005, ch. 156, § 1; S.L. 2005, ch. 157, § 1; 2007, ch. 2214, § 10; 2007, ch. 162, § 4; 2007, ch. 293, § 10; 2013, ch. 13, § 24; 2015, ch. 143, § 1, eff August 1, 2015; 2021, ch. 146, § 1, eff August 1, 2021; 2021, ch. 147, § 1, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 143, S.L. 2015 became effective August 1, 2015.

Note.

Section 15.1-09-33 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 147, Session Laws 2021, Senate Bill 2308; and Section 1 of Chapter 146, Session Laws 2021, House Bill 1370.

DECISIONS UNDER PRIOR LAW

Admission of Nonresident Pupils.

Nonresident pupils from districts not affording high school facilities must be admitted into high school when the facilities for seating and instruction will warrant. Todd v. Board of Educ., 54 N.D. 235, 209 N.W. 369, 1926 N.D. LEXIS 139 (N.D. 1926).

Annexation to Special District.

In a proceeding by the board of county commissioners to detach territory from one school district and annex it to a special school district, the district from which the territory is detached has such a special interest as to enable it to appeal from the decision of the board to the district court for the purpose of testing the legality of the annexation as persons aggrieved under N.D.C.C. § 11-11-39. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

Annual Report.

Subsection 17 of this section requires a school board to publish a report of financial condition each year. Peterson v. McKenzie County Pub. Sch. Dist. No. 1, 467 N.W.2d 456, 1991 N.D. LEXIS 55 (N.D. 1991).

Approval of Contract.

When a public school district provided by contract for the education of its pupils outside its district, approval of the district of the residence or approval of the three-member committee formerly provided for in this section must have been attained before the district of residence became obligated to pay the cost of educating its elementary school pupils in another district, notwithstanding that the district of residence was not operating a school. Litchville Pub. Sch. Dist. v. Hastings Pub. Sch. Dist., 198 N.W.2d 131, 1972 N.D. LEXIS 143 (N.D. 1972).

Bonds and Warrants.

In an action to enjoin tax levy to pay certain warrants and bonds issued by an independent school district the presumption is the school officers did their duty, did nothing illegal, and that the bonds and warrants are valid. The burden of proof is upon the plaintiffs to show what portion of the indebtedness is invalid. Jones v. Brightwood Indep. Sch. Dist., 63 N.D. 275, 247 N.W. 884, 1933 N.D. LEXIS 182 (N.D. 1933).

Care, Custody and Control of School Property.

A school board is required to manage and direct the schools of the district, and to have the care, custody, and control of all school property. Tallmadge v. Walker, 34 N.D. 590, 159 N.W. 71, 1916 N.D. LEXIS 61 (N.D. 1916).

The school board of a common school district could contract to remodel a schoolhouse to provide for the heating, water supply, and toilet facilities without submitting the proposition to a vote. Ellingson v. Cherry Lake Sch. Dist., 55 N.D. 141, 212 N.W. 773, 1927 N.D. LEXIS 14 (N.D. 1927).

Challenging Election on Mill Levy.

In an action challenging a special election on a mill levy proposition in a school district, the school board is the principal contestee; it must be named as a party and timely served to contest the election. Elliot v. Drayton Pub. Sch. Dist., 406 N.W.2d 655, 1987 N.D. LEXIS 319 (N.D. 1987).

Disciplining of Students.

This section gives the school board authority to adopt a rule or policy on the use or nonuse of physical force in disciplining students; this authority has not been abrogated by N.D.C.C. § 12.1-05-05, which establishes a defense available to a teacher in a criminal action brought against the teacher for use of physical force against a student. Lithun v. Grand Forks Pub. Sch. Dist., 307 N.W.2d 545, 1981 N.D. LEXIS 321 (N.D. 1981).

Dress of Pupils.

A special school district board of education could forbid pupils to wear metal heel plates. Stromberg v. French, 60 N.D. 750, 236 N.W. 477, 1931 N.D. LEXIS 228 (N.D. 1931).

Election Contest.

A school board has no authority to expend moneys in conducting or defending an election contest, or in attacking or defending the right of one of the officers of the district to the title of his office. School Dist. v. Shinn, 64 N.D. 20, 250 N.W. 23, 1933 N.D. LEXIS 242 (N.D. 1933).

Eminent Domain.

A special school district could acquire a school site and grounds by eminent domain. Board of Educ. v. Park Dist., 70 N.W.2d 899, 1955 N.D. LEXIS 111 (N.D. 1955).

Employment of Principal.

School board has a duty to consider the applicant’s educational qualifications, but selection of a principal is not limited to a comparison of educational qualifications, as the board also has a duty to consider all other relevant matters affecting the applicant’s capacity to perform the job; therefore, there was no sex discrimination when a man was selected over a woman with higher educational standards where there was other evidence that the man was more capable than the woman to do the job. Eckroth v. Flasher Public School Dist., 436 F. Supp. 942, 1977 U.S. Dist. LEXIS 14092 (D.N.D. 1977), aff'd, 583 F.2d 415, 1978 U.S. App. LEXIS 8697 (8th Cir. N.D. 1978).

Employment of Teachers.

The contract of a school district with a teacher who does not hold a certificate is void. Goose River Bank v. Willow Lake Sch. Township, 1 N.D. 26, 44 N.W. 1002, 1890 N.D. LEXIS 5 (N.D. 1890); Hosmer v. Sheldon Sch. Dist., 4 N.D. 197, 59 N.W. 1035, 1894 N.D. LEXIS 27 (N.D. 1894).

The contract between a school board and a teacher is not invalidated alone by the fact that at the date of the contract the teacher did not hold a teacher’s certificate. Schafer v. Johns, 23 N.D. 593, 137 N.W. 481, 1912 N.D. LEXIS 119 (N.D. 1912).

A schoolteacher employed by a common school district is an employee, not an officer, and her relationship with the school board is contractual only. Mootz v. Belyea, 60 N.D. 741, 236 N.W. 358, 1931 N.D. LEXIS 227 (N.D. 1931).

The statutory requirement that contracts for the employment of a teacher be in writing was mandatory and barred the teacher’s action for damages against a school district based on an oral contract of employment. Michaelsohn v. Norway Sch. Dist., 63 N.D. 683, 249 N.W. 776, 1933 N.D. LEXIS 224 (N.D. 1933).

Catholic sisters could be employed to teach in common schools. Gerhardt v. Heid, 66 N.D. 444, 267 N.W. 127, 1936 N.D. LEXIS 185 (N.D. 1936).

The statutes regarding the employment of teachers are a part of contracts to teach even though they are not printed therein. Miller v. South Bend Special Sch. Dist., 124 N.W.2d 475, 1963 N.D. LEXIS 123 (N.D. 1963).

School board could not avoid contract with home economics teacher by canceling school’s home economics program before commencement of the school year covered by the contract. Meier v. Foster Sch. Dist., 146 N.W.2d 882, 1966 N.D. LEXIS 143 (N.D. 1966).

Express or Implied Powers.

School officers may exercise only powers expressly or impliedly granted by statute. Kretchmer v. School Bd., 34 N.D. 403, 158 N.W. 993, 1916 N.D. LEXIS 39 (N.D. 1916); Gillespie v. Common Sch. Dist., 56 N.D. 194, 216 N.W. 564, 1927 N.D. LEXIS 89 (N.D. 1927).

School directors have no powers except those which are conferred by the statutes upon them. Pronvost v. Brunette, 36 N.D. 288, 162 N.W. 300, 1917 N.D. LEXIS 179 (N.D. 1917).

A school may be organized and maintained without complying with the statutory provisions in case of an emergency. School Dist. v. Shinn, 64 N.D. 20, 250 N.W. 23, 1933 N.D. LEXIS 242 (N.D. 1933).

High School Activities Association.

Court has jurisdiction to review rules of North Dakota High School Activities Association concerning eligibility to participate in interscholastic activities. Crandall v. North Dakota High Sch. Activities Ass'n, 261 N.W.2d 921, 1978 N.D. LEXIS 206 (N.D. 1978).

Mandatory Retirement Act.

This section does not give school board specific power to establish a mandatory retirement act, and thus must give way to the specific contract renewal provisions of former section 15-47-38. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

New Schools.

A school board does not have a free hand to arbitrarily locate, establish, and maintain new schools at its discretion, but it must act in the matter “as provided by law”. Kretchmer v. School Bd., 34 N.D. 403, 158 N.W. 993, 1916 N.D. LEXIS 39 (N.D. 1916).

A school board had no authority to lease a building for school purposes when there was in the common school district a school owned by the district, conveniently located and adequate to the needs of the district. Pronvost v. Brunette, 36 N.D. 288, 162 N.W. 300, 1917 N.D. LEXIS 179 (N.D. 1917).

Nonresident Pupil.

Under subsection 14 of former section, as amended by implication in 1957, the board’s discretion to admit or refuse privileges of school attendance to a nonresident pupil was limited to a determination whether the admission would injure or overcrowd the school. Kessler v. Board of Educ., 87 N.W.2d 743 (N.D. 1958), decided prior to the 1961 repeal and reenactment of Chapter 15-29 of the N.D.C.C.

Removal of Teachers.

Removal of teacher for cause was invalid where the action was taken without any notice to the teacher and with no opportunity given her to answer the charges. Clark v. Wild Rose Special Sch. Dist., 47 N.D. 297, 182 N.W. 307 (1921), distinguished, Auran v. Mentor Sch. Dist., 60 N.D. 223, 233 N.W. 644 (1931).Mootz v. Belyea, 60 N.D. 741, 236 N.W. 358, 1931 N.D. LEXIS 227 (N.D. 1931).

Cause for removal of a teacher was required to be a real cause affecting the interests of the school. Clark v. Wild Rose Special Sch. Dist., 47 N.D. 297, 182 N.W. 307, 1921 N.D. LEXIS 108 (N.D. 1921).

Where a teacher was discharged for violation of a rule requiring all teachers to reside in the district but the rule was not made a part of the contract expressly or by reference, it falls upon the district to show that the teacher had knowledge of the rule at the time of execution of the contract. Miller v. South Bend Special Sch. Dist., 124 N.W.2d 475, 1963 N.D. LEXIS 123 (N.D. 1963).

A school district being sued for breach of employment contract must assume the burden of proving that the wrongfully discharged teacher did not reasonably attempt to minimize his damages by seeking other employment. Miller v. South Bend Special Sch. Dist., 124 N.W.2d 475, 1963 N.D. LEXIS 123 (N.D. 1963).

Reopening School.

The officers of a common school district were not obligated to reopen a school once closed or discontinued on account of nonattendance. State ex rel. Beierle v. Seibel, 59 N.D. 494, 230 N.W. 734, 1930 N.D. LEXIS 167 (N.D. 1930).

School Funds.

A school board has authority over the school funds. Board of Educ. v. Nelson, 33 N.D. 462, 157 N.W. 664, 1916 N.D. LEXIS 109 (N.D. 1916).

Suspension or Expulsion of Pupils.

A pupil’s intentional refusal to observe a rule made by a board of education because of a parent’s command constitutes insubordination within the statute respecting suspension or expulsion. Stromberg v. French, 60 N.D. 750, 236 N.W. 477, 1931 N.D. LEXIS 228 (N.D. 1931).

A student has no rights of action for damages against school officials who neither voted for nor recommended his suspension. Cameron v. Whirlwindhorse, 494 F.2d 110, 1974 U.S. App. LEXIS 9362 (8th Cir. N.D. 1974).

Tax Levy.

Although a school district may have an indebtedness equal to ten percent of its assessed valuation, the board may levy taxes to carry on the current work of the school, provided it keeps within the levy limitations prescribed by law. Jones v. Brightwood Indep. Sch. Dist., 63 N.D. 275, 247 N.W. 884, 1933 N.D. LEXIS 182 (N.D. 1933).

Teacher Duties and Salary Adjustments.

This section gives the school board authority to assign a teacher new duties and classes for which she is qualified or to remove duties and classes without the necessity of following the procedure specified for nonrenewal of a teacher’s contract in former sections 15-47-27 and 15-47-38 (see now N.D.C.C. § 15.1-15-04 et seq.); however, when the adjustment of duties results in a severe reduction in salary for curricular activities the nonrenewal procedures must be followed. Quarles v. McKenzie Pub. Sch. Dist., 325 N.W.2d 662, 1982 N.D. LEXIS 334 (N.D. 1982).

Teacher Married to School Board Member.

“Employed”, as used in subsection 10 providing no person related to a school board member shall be employed as a teacher without concurrence of two-thirds of the board, meant “first employed” in view of history of section which used word “hired” prior to 1943 Revision which did not purport to make any change in meaning of the section; therefore two-thirds requirement did not apply to teacher who had taught for ten years in same school and whose husband had been elected to school board, and school board would be directed to reconsider its determination not to renew her contract. Hinek v. Bowman Pub. Sch. Dist., 232 N.W.2d 72, 1975 N.D. LEXIS 109 (N.D. 1975).

Transfer of Funds.

A school board has implied authority to transfer money from the district’s general fund to its building fund. Peterson v. McKenzie County Pub. Sch. Dist. No. 1, 467 N.W.2d 456, 1991 N.D. LEXIS 55 (N.D. 1991).

Transfer of Grades.

School board might direct the discontinuance of certain grades in one school and the transferral of those students to a second school within the district, and their action would not amount to a “discontinuance” or “closing” within former statute relating to continuance of elementary schools in reorganized districts. Kuntz v. Benz, 187 N.W.2d 65, 1971 N.D. LEXIS 189 (N.D. 1971).

Transfer of Pupils.

A district school board may arrange with a city board of education to send to city school such pupils as cannot be conveniently taught in the school district and to pay the city board of education for their tuition. School Dist. v. Shinn, 64 N.D. 20, 250 N.W. 23, 1933 N.D. LEXIS 242 (N.D. 1933).

Tuition Charges.

A school board has no power to impose a tuition charge on a resident pupil of school age who, on account of indifference and indolence has failed to complete his high school course within the prescribed time. Batty v. Board of Educ., 67 N.D. 6, 269 N.W. 49, 1936 N.D. LEXIS 144 (N.D. 1936).

A receiving district must admit a child if it can be done without injuring or overcrowding the school, but the party responsible for the education of the pupil is required to obtain approval of county committee before the school district of his residence is obligated for the tuition. Kessler v. Board of Educ., 87 N.W.2d 743 (N.D. 1958), decided prior to the 1961 repeal and reenactment of Chapter 15-29 of the N.D.C.C.

Tuition of Nonresident Pupils.

The only right of a school district to admit nonresident pupils from organized school district was limited to those instances where attendance of such nonresident pupils was consented to by district of pupil’s residence, or where such attendance was based on reasons of convenience, subject to approval or disapproval of three-member committee, and no provision was made for payment of tuition by parents of such pupils; since district was limited in admitting nonresident pupils to those for whom the home district was liable for payment of tuition, the district did not have discretion to determine amount to be charged parents of such nonresident pupils. Myhre v. School Bd., 122 N.W.2d 816, 1963 N.D. LEXIS 97, 1963 N.D. LEXIS 98 (N.D. 1963).

Collateral References.

Regulations as to school fraternities, 10 A.L.R.3d 389.

Marriage or pregnancy of public school student as ground for expulsion or exclusion, or restriction of activities, 11 A.L.R.3d 996.

Validity of regulation by school authorities as to clothes of pupils, 14 A.L.R.3d 1201.

Participation of student in demonstration on or near campus as warranting expulsion or suspension from school or college, 32 A.L.R.3d 864.

Right to discipline pupil for conduct away from school grounds or not immediately connected with school activities, 53 A.L.R.3d 1124.

Public school teacher’s self-defense, or defense of another, as justification, in dismissal proceedings, for use or threat of use of force against student, 37 A.L.R.4th 842.

School, AIDS infection as affecting right to attend, 60 A.L.R.4th 15.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 A.L.R.4th 260.

Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 A.L.R.4th 642.

Liability of private school or educational institution for breach of contract arising from expulsion or suspension of student, 47 A.L.R.5th 1.

15.1-09-33.1. School board authority — Payment of signing bonuses.

The board of a school district may offer and, upon the signing of the contract by both parties, pay a signing bonus to an individual who:
1. Is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board;
2. Has signed a contract of employment to serve as a classroom teacher in the district; and
3. Was not employed as a classroom teacher by the board of a school district in this state during the previous school year.
The board may pay to the individual the signing bonus authorized by subsection 1 in:
1. One lump sum upon the individual signing a contract of employment; or
2. Installments over a period of time not to exceed three years from the date the individual signed a contract of employment.
A signing bonus paid under this section:
1. Is in addition to any amount payable under a negotiated teachers’ contract;
2. May not be included in the district’s negotiated salary schedule; and
3. May not be included as salary for continuing contract purposes.

15.1-09-34. Contracts by school boards — Bids — Penalty.

Except as provided in this section, the board of a school district may not enter a contract involving the expenditure of an aggregate amount greater than fifty thousand dollars unless the school board has given ten days’ notice by publication in the official newspaper of the district, received sealed bids, and accepted the bid of the lowest responsible bidder. This section does not apply to contracts for:
1. The personal services of district employees.
2. Textbooks and reference books.
3. Articles not sold on the open market.
4. Patented, copyrighted, or exclusively sold devices or features required to match articles already in use.
5. Patented, copyrighted, or exclusively sold articles so distinctive that only one brand can be purchased.
6. Building construction projects under chapter 48-01.2.
7. School transportation services purchased under section 15.1-30-11.
8. Vehicle fuel purchased under section 15.1-09-34.1.
9. Heating fuel purchased under section 15.1-09-34.1.
10. The purchase of a used motor vehicle, including a schoolbus, motorbus, or van, intended primarily for the transportation of students.
11. Cooperative purchases with the office of management and budget under chapter 54-44.4.
12. The purchase of products from prison industries under chapter 12-48.
13. The purchase of products from work activity centers under chapter 25-16.2.
14. Cooperative purchases made pursuant to a joint-powers agreement under chapter 54-40.3.
15. Building materials required for district students enrolled in a course to create home construction projects sold on the open market, the revenue of which is used to cover the cost of the building materials for use in the course.
For purposes of this section, a “used motor vehicle” means a motor vehicle that has been previously owned or leased and which has an odometer reading in excess of eighteen thousand miles [28967 kilometers].
A board member who participates in a violation of this section is guilty of a class B misdemeanor.

Source:

S.L. 1999, ch. 186, § 2; 1999, ch. 196, § 9; 2001, ch. 161, § 16; 2005, ch. 527, § 1; 2007, ch. 403, § 2; 2017, ch. 134, § 1, eff August 1, 2017; 2019, ch. 157, § 1, eff August 1, 2019; 2021, ch. 148, § 1, eff August 1, 2021.

Cross-References.

Authority to carry liability insurance, immunity not available to insurer, see N.D.C.C. §§ 32-12.1-05 to 32-12.1-07.

Preference given to North Dakota bidders and sellers, see N.D.C.C. § 44-08-01.

School district may carry insurance on motor vehicles, see N.D.C.C. § 39-01-08.

DECISIONS UNDER PRIOR LAW

Municipal Contracts.

Municipal contracts need not be let upon the submission of competitive bids unless there are charter or statutory requirements to the contrary. Price v. Fargo, 24 N.D. 440, 139 N.W. 1054, 1913 N.D. LEXIS 13 (N.D. 1913).

Ratification of Contract.

Where a contract entered into by a school district is invalid and unenforceable because irregularly made, it can become binding and effective upon the district by subsequent ratification only where it was a contract which the district lawfully might have made at the time it was irregularly made and which it was within the power of the district to make at the time and in the manner of its ratification. St. Paul Foundry Co. v. Burnstad Sch. Dist., 70 N.D. 403, 295 N.W. 659, 1940 N.D. LEXIS 186 (N.D. 1940).

“Responsible Bidder” Defined.

The term “responsible”, as used in “lowest responsible bidder”, includes integrity, skill, ability, and capacity to perform particular work. Ellingson v. Cherry Lake Sch. Dist., 55 N.D. 141, 212 N.W. 773, 1927 N.D. LEXIS 14 (N.D. 1927).

Section Not Repealed by Later Law.

Section 1356, C.L. 1913, involving the expenditure of school funds, was not repealed by implication by a subsequent statute, ch. 195, S.L. 1929, requiring competitive bidding in letting certain contracts for repair work since there was no irreconcilable inconsistency. St. Paul Foundry Co. v. Burnstad Sch. Dist., 67 N.D. 61, 269 N.W. 738, 1936 N.D. LEXIS 151 (N.D. 1936).

15.1-09-34.1. Vehicle and heating fuel — Purchases.

At least once each year, the board of a school district shall publish in the official newspaper of the district information regarding the registration of vehicle fuel vendors and heating fuel vendors. Except as otherwise provided in this section, the board shall purchase vehicle fuel and heating fuel only after seeking written quotes from all vendors who registered with the district for that school year.

Source:

S.L. 2001, ch. 161, § 17.

15.1-09-35. Reports by school boards on conditions of schools.

Upon the conclusion of each school year, the board of a school district shall:

Prepare a report regarding the condition of all schools in the district, including their financial condition and the educational progress of students enrolled in each school;
Forward a copy of the report to the county superintendent of schools; and
Publish in the official newspaper of the school district that portion of the report which deals with the financial condition of each school.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-36. School board — Authority over student fees.

A school board may not charge a fee for textbooks or other items necessary for completion of a specific course required for grade advancement or graduation.
A school board may:
1. Require that a student pay a security deposit for the return of textbooks, materials, supplies, or equipment.
2. Assess a student a use charge if a textbook or other item covered under subsection 1 has received undue wear.
3. Require that a student furnish personal or consumable items.
4. Require that a student pay an admission fee or other charges for extracurricular or noncurricular activities if the student’s attendance is optional.
5. Require that a student pay a fee or a premium for any authorized student health and accident benefit plan.
6. Require that a student pay a fee for personal athletic equipment and apparel; provided the board shall allow a student to use the student’s own equipment and apparel if it meets reasonable health and safety standards established by the board.
7. Require that a student pay a fee in any program which generates a product that becomes the personal property of the student.
8. Require that a student pay a fee for behind-the-wheel driver’s education instruction.
9. Require that a student pay a fee for goods, including textbooks, and services provided in connection with any postsecondary level program or any program established outside regular elementary, middle school, or secondary school programs, including career and technical programs, and adult or continuing education programs.
10. Require that a student pay a fee for the use of a musical instrument owned or rented by the school district, provided that the total fee payable by the student for a school year does not exceed the annual rental cost to the district or the annual depreciation plus actual maintenance cost for the instrument.
11. Require that a student pay any other fees and charges permitted by statute.
A board may waive any fee if a student or the student’s parent or guardian is unable to pay the fee.
A board may not deny or abridge a student’s rights or privileges, including the receipt of grades and diplomas, because of the nonpayment of fees. A board, however, may withhold a student’s diploma for failure to pay for costs incurred by the student’s own negligence or choice, including fines for damaged textbooks and school equipment, library fines, and materials purchased from the school at the option of the student.
This section does not preclude the operation of a school store where students may purchase school supplies and materials.
If a board charges fees not authorized by law and refuses to discontinue the charges when directed to do so by the superintendent of public instruction, the superintendent shall withhold the state aid payments to which the district is entitled for each student charged an unauthorized fee.

Adjustment of Rights.
Appointment of Arbitrator.
Bond Purchases.
Compensation.
Dissent by Arbitrator.
Enforcement of Judgment.
Mandamus.
Remedy for Proposed Tax.
Tax Levies.
Uncollected Taxes.

Adjustment of Rights.

In equalizing the interests between school districts whenever the boundaries thereof are rearranged, arbitrators must take into account the buildings owned by the original district and adjust the rights of the districts concerning the same. State ex rel. Reynolds Special Sch. Dist. v. School Dist., 6 N.D. 488, 71 N.W. 772, 1897 N.D. LEXIS 25 (N.D. 1897).

Appointment of Arbitrator.

Appointment of arbitrator made at special meeting of school board not called in manner prescribed by statute and from which one of the members was absent because he did not receive notice was not binding upon the district. State ex rel. School Dist. v. Tucker, 39 N.D. 106, 166 N.W. 820, 1918 N.D. LEXIS 14 (N.D. 1918).

Bond Purchases.

Rights of purchasers of bonds of school districts were subject to statutes, in effect at issuance of bonds, relating to detachment of territory from school districts, organization of new school districts and the equalization of property, funds on hand and debts between school districts which had been affected by change in boundaries. STATE v. RASMUSSON, 71 N.D. 267, 300 N.W. 25, 1941 N.D. LEXIS 166 (N.D. 1941).

Compensation.

Defendant’s service as an appointed arbitrator was wholly separate and distinct from his service as a member of the school board, and the compensation for the latter did not constitute compensation for the services performed as an arbitrator. School Dist. v. Shinn, 64 N.D. 20, 250 N.W. 23, 1933 N.D. LEXIS 242 (N.D. 1933).

Dissent by Arbitrator.

The failure of one or a minority of the arbitrators to appear and act with the majority after a sufficient notice constituted substantially a dissent from the action of the majority, which enabled the latter to proceed in the absence of the member or minority to the rendition of a majority award. State ex rel. School Dist. v. Tucker, 39 N.D. 106, 166 N.W. 820, 1918 N.D. LEXIS 14 (N.D. 1918).

Enforcement of Judgment.

When a judgment was obtained against a township on an indebtedness of a school district, and subsequent to entry of judgment the township was divided into two school districts, the judgment creditor could proceed to enforce the judgment against the districts, and each would be required by mandamus to levy a tax sufficient to pay its pro rata share of the indebtedness, based upon the amount of its taxable property. Coler v. Coppin, 10 N.D. 86, 85 N.W. 988, 1901 N.D. LEXIS 3 (N.D. 1901).

Mandamus.

Where there is an arbitration under the statute which equalizes the property and debts of two school districts, the boundaries of which have been changed, a suit at law cannot be maintained upon the indebtedness found to exist, the remedy, if any, being by mandamus to compel procedure under the statute. School Dist. v. Special Sch. Dist., 33 N.D. 353, 157 N.W. 287, 1916 N.D. LEXIS 90 (N.D. 1916).

Remedy for Proposed Tax.

A proposed tax levy could not be enjoined on action by a taxpayer since he would have an adequate remedy at law or in equity after the levy. Torgrinson v. Norwich Sch. Dist., 14 N.D. 10, 103 N.W. 414, 1904 N.D. LEXIS 90 (N.D. 1904).

Tax Levies.

Where territory was detached from one school district and organized into a new district, the tax levies made by the old district for debt service did not follow the detached territory except insofar as the same might be relevied by an arbitration board. STATE v. RASMUSSON, 71 N.D. 267, 300 N.W. 25, 1941 N.D. LEXIS 166 (N.D. 1941).

Uncollected Taxes.

Taxes levied and assessed but uncollected should be taken into account by the board of arbitrators. State ex rel. School Dist. v. Tucker, 39 N.D. 106, 166 N.W. 820, 1918 N.D. LEXIS 14 (N.D. 1918).

15.1-09-41. School board authority — Reward for destruction of school property.

The board of a school district may offer and pay a reward to any person who furnishes information leading to the apprehension and conviction of one appropriating or destroying property or equipment belonging to the district.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-42. Educational meetings — Attendance by school district personnel. [Repealed]

Repealed by S.L. 2005, ch. 167, § 36.

15.1-09-43. Purchase of schoolbus — Payment period.

The board of a school district may purchase a bus body, a chassis, or a complete bus, provided the body, chassis, or complete bus meets standards provided by section 39-21-27.1. A board may use money in its general fund to purchase a bus body, a chassis, or a complete bus on an installment plan, provided the plan does not extend beyond six years.

Source:

S.L. 1999, ch. 196, § 9.

DECISIONS UNDER PRIOR LAW

Purchase of Equipment.

Under prior section the school board of a common school district was authorized to purchase a bus body, a chassis, or a complete motor bus built according to the standards set up by the superintendent of public instruction, pay therefor out of the general fund of the district, and provide transportation for its children of school age. Herman v. Medicine Lodge Sch. Dist., 71 N.W.2d 323, 1955 N.D. LEXIS 117 (N.D. 1955).

15.1-09-44. Schoolbuses — Use of nonprofit organizations.

The board of a school district may make a schoolbus available to a nonprofit organization for use in conjunction with the organization’s activities. The board shall negotiate the terms of usage with the organization. The terms must address rental charges and insurance coverage. The driver of a schoolbus used by a nonprofit organization under this section must satisfy the requirements for a schoolbus driver set forth in section 15.1-07-20.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 161, § 18.

15.1-09-45. Storage facilities for schoolbuses.

The board of a school district may lease for purchase, purchase, or construct a storage facility for schoolbuses upon advertised bids as provided in section 15.1-09-34. For these purposes, the board may use money in the district’s general fund or building fund provided the money is not otherwise obligated.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-46. School district census. [Repealed]

Repealed by S.L. 2007, ch. 163, § 57.

15.1-09-47. Board of education of city of Fargo — Taxing authority.

The board of education of the city of Fargo may levy taxes within the requirements or limitations of this title and title 57.

Source:

S.L. 1999, ch. 196, § 9; 2013, ch. 13, § 27; 2015, ch. 137, § 4, eff July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

The 2015 amendment to this section by section 4, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-09-48. Board of education of city of Fargo — Tax collection.

The board of education of the city of Fargo may levy taxes within the boundaries of the Fargo public school district and cause the taxes to be collected in the same manner as other city taxes, provided the taxes meet the requirements or limitations of this title and title 57. The business manager of the board of education shall certify the rate for each purpose to the city auditor in time to be added to the annual tax list of the city.
The city auditor shall calculate and extend upon the annual assessment roll and tax list any tax levied by the board of education. The tax must be collected in the same manner as other city taxes.
If the city council fails to levy any tax for city purposes or fails to cause an assessment roll or tax list to be made, the board of education may make an assessment roll and tax list and submit the roll to the city auditor with a warrant for the collection of the tax. The board of education may cause the tax to be collected in the same manner as other city taxes are collected or as otherwise provided by resolution of the board.

Source:

S.L. 1999, ch. 196, § 9; 2005, ch. 156, § 2; 2013, ch. 13, § 28; 2015, ch. 137, § 5, eff July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

The 2015 amendment to this section by section 5, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-09-49. Board of education of city of Fargo — Taxes for buildings.

The amount to be raised for teacher salaries and contingent expenses must be such only as together with the public money coming to the city from any source is sufficient to establish and maintain efficient and proper schools for students in the city. The tax for purchasing, leasing, or improving sites and the building, purchasing, leasing, enlarging, altering, and repairing of schools may not exceed in any one year fifteen mills on the taxable valuation of property in the school district. The board of education may borrow, and when necessary shall borrow, in anticipation of the taxes to be raised, levied, and collected.

Source:

S.L. 1999, ch. 196, § 9; 2013, ch. 13, § 29.

15.1-09-50. Board of education of city of Fargo — Powers.

In addition to the powers granted to all school boards by section 15.1-09-33, the board of education of the city of Fargo has the power and duty:

To organize, establish, and maintain schools within the boundaries of the Fargo public school district; to change and discontinue the schools; and to liquidate the assets of the discontinued schools, as authorized by the state board of public school education.
To lease houses or rooms for school purposes, lease lots or sites for schools, and fence real property.
To build, enlarge, alter, improve, and repair schools and appurtenances upon lots or sites now owned or leased for school purposes.
To provide, sell, exchange, improve, and repair school apparati, books for indigent students, and appendages.
To provide fuel and other supplies for the schools.
To have the custody and safekeeping of the schools, books, furniture, and appurtenances and to see that local ordinances regarding schools are observed.
To compensate teachers out of the money appropriated and provided by law for the support of the public schools within the boundaries of the district so far as the same is sufficient, and to pay any remainder due from the money raised as authorized by this chapter.
To have the control and management of the public schools within the boundaries of the district and from time to time to adopt rules for their good order, prosperity, and utility.
To prepare and report to the mayor and the city council ordinances and regulations necessary for the protection, safekeeping, and care of the schools, lots, sites, and appurtenances and all the property belonging to the city, connected with and appertaining to the schools, and to suggest proper penalties for the violation of ordinances and regulations.

Source:

S.L. 1999, ch. 196, § 9; 2001, ch. 161, § 19; 2005, ch. 156, § 3.

DECISIONS UNDER PRIOR LAW

Analysis

Discretion of Board.
Mandatory Retirement Act.
Playground Equipment.
Sale of Property.
Separate Corporate Existence.
Treasurer of School Corporation.

Discretion of Board.

The board is not required to admit nonresident pupils. State ex rel. Mannes v. Alquist, 59 N.D. 762, 231 N.W. 952, 1930 N.D. LEXIS 194 (N.D. 1930).

Mandatory Retirement Act.

This section does not give school board specific authority to establish a mandatory retirement act, and thus must give way to the specific contract renewal provisions of former section 15-47-38. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

Playground Equipment.

The board of education of the city of Fargo was not liable for the death of a pupil struck by playground apparatus, installed in its governmental capacity. Anderson v. Fargo, 48 N.D. 722, 186 N.W. 378, 1922 N.D. LEXIS 93 (N.D. 1922).

Sale of Property.

The board of education of the city of Fargo has the legal right to sell school property and, where high school property had become impractical for school purposes, it was not an abuse of discretion for the board to sell the building and establish school facilities at a more suitable location. Blair v. Fargo, 171 N.W.2d 236, 1969 N.D. LEXIS 83 (N.D. 1969), cert. denied, 397 U.S. 990, 90 S. Ct. 1123, 25 L. Ed. 2d 397, 1970 U.S. LEXIS 2489 (U.S. 1970).

Separate Corporate Existence.

The board of education of the city of Fargo is not part of the city government; it is a separate and distinct corporate entity. Baldwin v. Board of Educ., 76 N.D. 51, 33 N.W.2d 473, 1948 N.D. LEXIS 59 (N.D. 1948).

Treasurer of School Corporation.

The fact that the legislature provided that the city treasurer should serve as treasurer of the school corporation is of no consequence in determining whether the board of education has a separate and distinct corporate existence. Baldwin v. Board of Educ., 76 N.D. 51, 33 N.W.2d 473, 1948 N.D. LEXIS 59 (N.D. 1948).

15.1-09-51. Board of education of city of Fargo — School property.

The title to all schools, sites, lots, furniture, books, apparati, and appurtenances, belonging to the city, and used for school purposes, under the control of the board of education are vested in the city of Fargo for the use of the schools. While used for or appropriated to school purposes, the same may not be:
1. Levied upon or sold by virtue of any warrant, execution, or other process;
2. Subject to any judgment or lien; or
3. Subject to taxation for any purpose.
The city in its corporate capacity is competent to accept and dispose of any real or personal estate transferred to it by gift, grant, bequest, or devise, for the use of the public schools of the city, whether the property is transferred to the city or to any person for the use of the schools.

Source:

S.L. 1999, ch. 196, § 9.

15.1-09-52. Board of education of city of Fargo — Ownership of real property.

Whenever any real property is purchased by the board, the transfer or grant and conveyance of the property must be taken to the “city of Fargo for the use of the schools” and whenever any sale is made by the board, it must be so resolved and placed upon the records of the board. The conveyance must be executed, in the name of the city of Fargo, by the president of the board and attested to by the business manager. The president and the business manager may execute conveyances upon a sale or exchange, with or without full covenants or warranty, on behalf of the city.

Source:

S.L. 1999, ch. 196, § 9.

DECISIONS UNDER PRIOR LAW

Title of School Property.

The statute vests the title of all school property in the city for the use of the schools therein, and gives the board of education exclusive control over the schools with the right to purchase, sell, exchange, lease houses, and to do other acts for school purposes, and to borrow money. Anderson v. Fargo, 48 N.D. 722, 186 N.W. 378, 1922 N.D. LEXIS 93 (N.D. 1922).

15.1-09-53. School district employees’ group health plans.

In contracting for a school district employees’ group health plan, the board of a school district shall meet the bidding requirements of section 15.1-09-34. No contract for a school district employees’ health plan may be of a duration greater than six years.

Source:

S.L. 1999, ch. 197, § 2.

15.1-09-54. School district technology consortium — Authority to borrow money.

A school district technology consortium formed under chapter 54-40.3 may borrow money for instructional technology acquisition provided:
1. The outstanding principal borrowed by a consortium under this section does not exceed one hundred seventy-five thousand dollars;
2. The loan repayment period does not exceed ten years;
3. The loan is approved in writing by the board of each school district participating in the consortium;
4. The loan is:
  1. Approved by a majority of the eligible electors residing in each school district participating in the consortium, as evidenced by their signatures on a petition clearly stating the purpose of the loan, the amount of the loan, and its terms of repayment, and filed with the superintendent of public instruction; or
  2. Approved by a majority of each participating school district’s electors voting on the question at a regular school district election or at a special election called by the board; and
5. The loan is approved by the superintendent of public instruction.
The superintendent of public instruction shall adopt rules setting forth the criteria for loan approval. The superintendent of public instruction may not approve a loan under this section if the superintendent determines that the instructional technology acquisition is not compatible with the statewide information technology plan.

Source:

S.L. 1999, ch. 198, § 2.

Note.

A new section was enacted to N.D.C.C. ch. 15-29 by S.L. 1999, ch. 198, § 1, which was identical to section 15.1-09-54, above. That section was effective April 9, 1999 through July 1, 1999, pursuant to S.L. 1999, ch. 198, §§ 3 and 4, and has not been codified.

15.1-09-55. School district superintendent — Joint employment — Accreditation.

The superintendent of public instruction may not impose through the accreditation process any penalties or sanctions on a school district for employing a superintendent jointly with one or more other districts. The superintendent may not require, through the accreditation process, that an employee of a school district having fewer than one hundred students in high school spend more than thirty-three percent of the employee’s time performing the duties of a school principal if the school district employs a superintendent jointly with one or more other districts.

Source:

S.L. 1999, ch. 169, § 9.

15.1-09-56. Student financial institution.

A school board may establish, maintain, and supervise a student financial institution which is not subject to section 6-02-01, 6-02-03, 6-03-67.1, or 6-06-05 or any other statute or rule that regulates banks, other financial institutions, or currency exchanges. To qualify as a student financial institution, the student financial institution must be operated as part of a high school educational program under guidelines adopted by the school board, be advised on a regular basis by one or more state-chartered or federally chartered financial institutions including credit unions, but not owned or operated by a financial institution, be located on school premises and have as customers only students enrolled in, or employees of, the school of which it is located, and have a written commitment from the school board guaranteeing reimbursement of any depositor’s funds lost due to insolvency of the student financial institution. Funds of a student financial institution that meet the requirements of this section are not school district or other public funds for purposes of any state law governing the use or investment of school district or other public funds. For purposes of borrowing money, cashing checks, and taking deposits concerning the operation of a student financial institution, the obligations of a minor have the same force and effect as though they were the obligations of a person over the age of majority.

Source:

S.L. 2001, ch. 168, § 2.

Note.

As enacted, this section was designated as a new subsection to N.D.C.C. § 15-29-08. It was redesignated 15.1-09-56 at the direction of the code revisor.

15.1-09-57. Licensure to teach — Course area or field — Request for exception — Report.

If the board of a school district or of a nonpublic school is unable to fill a particular position by recruiting or assigning an individual who is licensed to teach in that particular course area or field, the school board may fill the position with an individual who is not licensed to teach in that particular course area or field, provided the individual:
1. Is licensed to teach by the education standards and practices board or is approved to teach by the education standards and practices board;
2. Holds at least a minor or a minor equivalency in the course area or field in which the individual seeks to teach; and
3. Has received a temporary exception under this section.
The education standards and practices board shall adopt rules governing the issuance of temporary exceptions under this section. Except for a case of sudden and unexpected vacancy occurring during the school calendar, the rules must require consideration of a school board’s efforts to fill a particular position and the school board’s efforts to explore alternative methods of education delivery to the students. The rules must also require that the individual submit a plan for a course of study which will enable the individual to obtain a major or a major equivalency in the course area or field in which the individual seeks to teach.
An exception granted under this section is valid only through the conclusion of the school year in which the request for exception is submitted to the education standards and practices board. The board may extend the exception by one-year increments, provided the individual demonstrates successful completion of at least one-third of the total course of study prior to each requested extension.
At the conclusion of each school year, the education standards and practices board shall file a report with the legislative council. The report must cite all requests for exceptions under this section received by the board during the school year and must include the board’s response to each request and a brief description of the board’s rationale.

Source:

S.L. 2005, ch. 163, § 2.

15.1-09-58. Four-year old program — Authorization — Support. [Effective through August 31, 2022]

The board of a school district may establish a four-year old program and, provided the program is approved by the department of human services in accordance with section 50-11.1-21, may support that program with:

Local tax revenues, other than those necessary to support the district’s kindergarten program and the provision of elementary and high school educational services;
State moneys specifically appropriated for the program;
Federal funds specifically appropriated or approved for the program; and
Gifts, grants, and donations specifically given for the program.

Source:

S.L. 2007, ch. 162, § 5; 2013, ch. 149, § 1; 2013, ch. 150, § 1; 2021, ch. 358, § 1, eff July 1, 2021.

15.1-09-59. Maintenance of insurance — Report to superintendent of public instruction.

At least once every six years, each school district shall work with its commercial property insurance carrier for the purpose of ensuring that:
1. All school district buildings and facilities are properly identified and accurately valued; and
2. The contents of all school district buildings and facilities are properly inventoried and accurately valued.
1. If a school district can demonstrate to the satisfaction of the superintendent of public instruction that the district completed the requirements of subsection 1 during the period beginning July 1, 2006, and ending June 30, 2011, the district’s six-year requirement for identification and valuation begins on the date that the requirements were met.
2. If a school district cannot demonstrate to the satisfaction of the superintendent of public instruction that the district completed the requirements of subsection 1 during the period beginning July 1, 2006, and ending June 30, 2011, the district shall complete the requirements during the 2011-12 school year.
Annually, each school district shall review the terms of any insurance policies providing coverage for its buildings, its facilities, and their contents and ensure that the policies are sufficient to provide in full for the repair or replacement of the buildings, its facilities, and their contents, in the event of a loss.
Annually, the superintendent of public instruction shall verify that each school district is in compliance with the requirements of this section.

In order to be eligible for state funding, a regional education association shall participate in and meet the requirements of a review process that is:

Designed to raise the quality of services offered by a regional education association to its members, in accordance with this chapter, through a continuous cycle of improvement; and
Approved by the superintendent of public instruction.

History. S.L. 2015, ch. 137, § 6, eff July 1, 2015.

Effective Date.

This section became effective July 1, 2015.

15.1-09.1-03. Regional education association — Provision of special education and related services — Annual plan.

A regional education association may prepare an annual plan regarding the provision of special education and related services on behalf of its members and submit the plan to the superintendent of public instruction for approval.

Source:

S.L. 2007, ch. 162, § 6.

15.1-09.1-04. Regional education association — Provision of special education and related services — Powers.

A regional education association that provides special education and related services may:

Receive and expend state and federal moneys for the provision of special education and related services to the students of its member districts;
Employ personnel necessary to carry out administrative services, itinerant instruction, coordinative services, and related services; and
Receive and expend private and public moneys.

CHAPTER 15.1-10 County Committee

15.1-10-01. County committee — Appointment — Compensation.

The county superintendent of schools, with the approval of the board of county commissioners, shall appoint residents, equal in number to the board of county commissioners, to serve as a county committee for purposes of school district annexations, dissolutions, and reorganizations.
The term of office for county committee members is three years, staggered so that one term expires each year.
If a vacancy occurs, the county superintendent, with the approval of the board of county commissioners, shall appoint an individual to serve for the unexpired portion of the term. If a county committee member fails, refuses, or is unable to perform the required duties, the county superintendent, upon being petitioned by a majority of the school board presidents representing districts having territory wholly or partially within the county, shall declare the position of the member vacant and shall appoint a new member to the committee.
Each member is entitled to compensation at the rate of sixty-two dollars and fifty cents per day and to reimbursement for expenses from the biennial appropriation for the superintendent of public instruction, as provided by law for state officers, if they are attending committee meetings or performing duties directed by the committee.

Source:

S.L. 1999, ch. 196, § 10.

Cross-References.

County officers, expense allowances, see N.D.C.C. § 11-10-15.

Expense allowances for public officers generally, see N.D.C.C. §§ 44-08-03 to 44-08-04.2, 44-08-05.1.

S.L. 1999, ch. 196, § 10.

CHAPTER 15.1-11 County Superintendent of Schools

15.1-11-01. County superintendent of schools — Employment — Qualifications.

Except as provided in section 15.1-11-02, each board of county commissioners shall employ a county superintendent of schools on a full-time or a part-time basis. An individual hired under this section:
1. Must hold a baccalaureate degree from a regional or nationally accredited institution of higher education approved for teacher education.
2. Must hold a valid North Dakota professional teaching license.
3. Must have experience teaching at an approved elementary, middle, or secondary school.
4. Must be approved by a majority of the school board presidents representing school districts having their administrative headquarters in the county.
5. Serves until the individual resigns or is discharged by the board of county commissioners at the direction of a majority of the school board presidents referenced in subdivision d.
The presidents of the school boards referenced in subsection 1 shall perform the duties of school boards with respect to the evaluation, renewal, and discharge of an individual hired under this section.

Source:

S.L. 1999, ch. 162, § 50; 1999, ch. 196, § 11.

DECISIONS UNDER PRIOR LAW

Election.

“Elected” as used in this section means the election of a successor who is qualified for the office. Jenness v. Clark, 21 N.D. 150, 129 N.W. 357, 1910 N.D. LEXIS 156 (N.D. 1910).

Professional Certificate.

An attack on the title to office of a county superintendent of schools is a collateral attack on a second grade professional certificate. Wendt v. Waller, 46 N.D. 268, 176 N.W. 930, 1920 N.D. LEXIS 7 (N.D. 1920).

Right to Office.

Relator holding certificate of election, who had duly qualified for the office of county superintendent of schools, had the prima facie right to the office in an action of mandamus. State ex rel. Butler v. Callahan, 4 N.D. 481, 61 N.W. 1025, 1895 N.D. LEXIS 46 (N.D. 1895).

Term of Office.

The term of office of the county superintendent of schools continues for such additional time as may elapse before his successor is elected and qualified. State v. Fabrick, 16 N.D. 94, 112 N.W. 74 (1907).

Title to Office.

The title to the office of county superintendent of schools based upon improper educational certificate cannot be litigated in an action to compel surrender to plaintiff possession of the office. State ex rel. Butler v. Callahan, 4 N.D. 481, 61 N.W. 1025, 1895 N.D. LEXIS 46 (N.D. 1895).

Qualification and title of defendant is not before the court in a proceeding to contest the election and determine plaintiff’s right to the office of county superintendent of schools. Woll v. Jensen, 36 N.D. 250, 162 N.W. 403, 1917 N.D. LEXIS 187 (N.D. 1917).

15.1-11-02. County superintendent of schools — Assignment of duties — Waiver.

Notwithstanding any other provision of law, a board of county commissioners, by majority vote may choose not to employ a county superintendent of schools, provided the board of county commissioners:
1. Obtains from the superintendent of public instruction a form that lists all statutory duties to be otherwise performed by a county superintendent and provides for the assignment of all such statutory duties to, and the performance of such statutory duties by, one or more individuals;
2. Obtains the consent of a majority of the school board presidents representing school districts having their administrative headquarters in the county;
3. Submits the completed form to the superintendent of public instruction; and
4. Obtains written approval of the assignments from the superintendent of public instruction.
1. The superintendent of public instruction may waive the requirements of subsection 1 with respect to any board of county commissioners which, on or before June 30, 1999, assigned to qualified persons the duties of the county superintendent of schools, provided:
  1. The assignment of duties was set forth in a written plan;
  2. The written plan was filed with the legislative council; and
  3. The superintendent of public instruction determines that the written plan substantially complies with the requirements of subsection 1.
2. The determination of the superintendent regarding the waiver is final.

Source:

S.L. 1999, ch. 196, § 11.

15.1-11-03. County superintendent of schools — Salary.

The county superintendent of schools is entitled to receive a salary, as determined under section 11-10-10.

Source:

S.L. 1999, ch. 196, § 11.

DECISIONS UNDER PRIOR LAW

Analysis

Salary.
Special District.

Salary.

Schools in special districts should not be included in computing salary of county superintendent of schools. Dickey County v. Hicks, 14 N.D. 73, 103 N.W. 423, 1905 N.D. LEXIS 25 (N.D. 1905); Dickey County v. Denning, 14 N.D. 77, 103 N.W. 422, 1905 N.D. LEXIS 24 (N.D. 1905).

Special District.

The schools in a special school district were not under the supervision of the county superintendent and were not included in computing the superintendent’s salary. Dickey County v. Denning, 14 N.D. 77, 103 N.W. 422, 1905 N.D. LEXIS 24 (N.D. 1905).

15.1-11-04. County superintendent of schools — Duties.

A county superintendent of schools shall:

Serve as the superintendent of all schools in a county except those schools in districts that employ a district superintendent of schools.
Receive copies of and review, in a timely manner, all reports submitted to the superintendent of public instruction by school districts having their administrative headquarters in the county.
Compile reports containing statistics and any other information requested by the superintendent of public instruction and forward the reports at the time and in the manner directed by the superintendent of public instruction.
If requested by a school district, assist in planning, coordinating, and providing education and related services.
Promote coordination and cooperation among the school districts and the multidistrict special education units within the county.
Assist school districts in taking advantage of incentive programs administered by the superintendent of public instruction.
As secretary of the county committee:
1. Provide to the public information regarding the annexation of property to another school district;
2. Provide to the public all forms necessary for the annexation of property to another school district;
3. Compile information regarding school district annexations and dissolutions and provide such information to the appropriate county committees, at the time and in the manner directed by the state board of public school education; and
4. Compile information regarding school district annexations, reorganizations, and dissolutions, and provide such information to the state board of public school education, at the time and in the manner directed by the state board.
Perform any other duties required by law.

Source:

S.L. 1999, ch. 196, § 11.

DECISIONS UNDER PRIOR LAW

Common Schools of County.

It is the duty of the county superintendent of schools to superintend the common schools of the county, except those in districts which employ a city (now district) superintendent. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

Meetings with School Officers.

It is the duty of the county superintendent to arrange for meetings with school officers. State ex rel. Stevenson Township v. Nichols, 39 N.D. 4, 166 N.W. 813, 1918 N.D. LEXIS 11 (N.D. 1918).

Special Districts.

Schools in special districts are not under the official supervision of the county superintendent and are not to be taken into account in computing his salary. Dickey County v. Hicks, 14 N.D. 73, 103 N.W. 423, 1905 N.D. LEXIS 25 (N.D. 1905); Dickey County v. Denning, 14 N.D. 77, 103 N.W. 422, 1905 N.D. LEXIS 24 (N.D. 1905).

15.1-11-05. Preservation of records.

The county superintendent of schools shall provide for the preservation of all property that is acquired in an official capacity and which has educational value and interest or which records official acts by the county superintendent. At the conclusion of the county superintendent’s employment, the county superintendent shall deliver the property to the superintendent’s successor.

Source:

S.L. 1999, ch. 196, § 11.

15.1-11-06. Clerks — Office and supplies.

The board of county commissioners shall determine the number and salaries of administrative assistants for the county superintendent of schools and shall furnish a suitable office for the county superintendent, together with all necessary equipment, furniture, and supplies. If the board of county commissioners fails to do so, the county superintendent may provide the same and the board of county commissioners shall audit and pay the reasonable expenses so incurred.

Source:

S.L. 1999, ch. 196, § 11.

DECISIONS UNDER PRIOR LAW

Clerks.

CHAPTER 15.1-12 Annexation, Reorganization, and Dissolution

15.1-12-01. Definitions.

In this chapter, unless the context otherwise requires:

“Annexation” means the alteration of a school district’s boundaries through the removal of real property from one school district and its attachment to another contiguous school district.
“Contiguous” means two or more tracts of real property which share a common point or which would share a common point but for an intervening road or right of way.
“Dissolution” means the process through which a school district ceases to function and the subsequent attachment of its real property to other school districts.
“Reorganization” means the formation of a new school district through the combination, in whole or in part, of two or more school districts.
“State board” means the state board of public school education.

Source:

S.L. 1999, ch. 196, § 12.

DECISIONS UNDER PRIOR LAW

Analysis

Appeal.
Consistency of Laws.
Contiguous Tract.
Land in More Than One District.
Parts of City.

Appeal.

Decision by county commissioners to detach territory from one school district and annex it to a special school district could be appealed by district from which the territory was detached, since such district had special interest as to enable it to appeal the annexation as “persons aggrieved” within the meaning of N.D.C.C. § 11-11-39. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

Consistency of Laws.

Laws granting electors of a territory the right to petition county commissioners to attach unorganized territory to an adjacent district were not inconsistent with laws relating to procedure for dissolution of school district. Public Sch. Dist. v. Cass County Bd. of County Comm'rs, 123 N.W.2d 37, 1963 N.D. LEXIS 103 (N.D. 1963).

Contiguous Tract.

Where the tract sought to be annexed was in actual contact with the existing boundary, not only to the extent of touching at a common corner, which is all that the legislature required in former section 15-53.1-05, but for a distance of one-quarter of a mile as well, the property sought to be annexed was clearly contiguous. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Land in More Than One District.

Law providing that territory contiguous to special school district could be attached to such district and detached from district of which it was a part upon application by electors of the “contiguous territory” did not authorize the inclusion in one application of territory located in more than one school district, and filing of such application signed by electors of one district did not invoke jurisdiction of county commissioners to detach territory included in the application but situated in another district. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

Parts of City.

When a city not organized into a special school district was divided by a civil township line, the county commissioners when petitioned by a majority of the voters of each part of the city so divided, might annex to a common school district which includes a part of said city that part or those parts not included therein. Wehrung v. Ideal Sch. Dist., 78 N.W.2d 68, 1956 N.D. LEXIS 137 (N.D. 1956).

15.1-12-02. Annexation of property to school district — Exchange — Petition — Requirements.

An individual may petition to have property in one school district annexed to another school district by an exchange of property with property in a contiguous school district. In order to be approved:

The petitioner must reside within the boundary of the property to be exchanged;
The petitioner must obtain the written approval of one qualified elector from each residence within the boundary of the property referenced in subsection 1;
The petitioner must obtain written authorization for the exchange of property from the owner of the property to be exchanged in the adjacent district, provided that the owner need not reside on the property to be exchanged;
The difference in the taxable valuation of the property involved in the exchange may not exceed one thousand dollars;
Each property involved in the exchange is contiguous with the school district to which it is being annexed; and
Except as otherwise provided in this section, the annexation by an exchange of property under this section is subject to, and meets, all other statutory requirements regarding annexations.

Source:

S.L. 1999, ch. 196, § 12.

15.1-12-03. Annexation of property to school district — Eligibility.

Real property may be annexed to a school district provided:

The property to be annexed constitutes a single area that is contiguous to the school district;
The property to be annexed does not constitute an entire school district;
The annexation petition is signed by two-thirds of the qualified electors residing on the property to be annexed;
The annexation petition is filed with the county superintendent of schools whose jurisdiction includes the administrative headquarters of the district;
A public hearing is held by the county committee or the county committees, as required in section 15.1-12-05; and
The annexation petition is approved by the state board.

Source:

S.L. 1999, ch. 196, § 12.

Notes to Decisions

Requirements for Annexation.

Plain language of N.D.C.C. § 15.1-12-03 is clear and unambiguous; the statutory eligibility requirements for annexation must be met at the time the annexation becomes effective. New Pub. Sch. Dist. # 8 v. State Bd. of Pub. Sch. Educ., 2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161 (N.D. 2016).

Statutory requirements for annexation eligibility under N.D.C.C. § 15.1-12-03 were met, and the State Board of Public School Education did not misapply the law when it approved the annexation. The property that was annexed was contiguous to the acquiring school district when it was annexed. New Pub. Sch. Dist. # 8 v. State Bd. of Pub. Sch. Educ., 2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161 (N.D. 2016).

DECISIONS UNDER PRIOR LAW

Contiguous Tract.

Land in More Than One District.

Law providing that territory contiguous to special school district could be attached to such district and detached from district of which it was a part upon application by electors of the contiguous territory did not authorize the inclusion in one application of territory located in more than one school district, and filing of such application signed by electors of one district did not invoke jurisdiction of county commissioners to detach territory included in the application but situated in another district. Cathay Special Sch. Dist. v. Wells County, 118 N.W.2d 720, 1962 N.D. LEXIS 106 (N.D. 1962).

Logical Boundaries.

State board did not have authority to approve annexation petitions where the school district boundaries resulting from approval would not be logical boundaries following a uniform pattern without undue irregularities. In re Annexation of Part of Solen Pub. Sch. Dist., 351 N.W.2d 435 (N.D. 1984).

Where the land sought to be annexed was contiguous and abutted upon the existing boundary for a distance of one-quarter of a mile, the boundaries resulting from approval of the petition for annexation did not fail to comply with the logical boundaries requirement. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

New District.

Where board of county commissioners and county superintendent of schools granted a petition segregating territory of a school district and organizing a new school district, the new district was created ipso facto. Farley v. Lawton Sch. Dist., 23 N.D. 565, 137 N.W. 821, 1912 N.D. LEXIS 128 (N.D. 1912).

Resubmission of Petition.

Former section did not require submission of petition, proposing to detach territory from one school district and attach it to a special school district, to the county committee before final action was taken by the board of county commissioners. Willow Sch. Dist. v. Bottineau County, 92 N.W.2d 734, 1958 N.D. LEXIS 96 (N.D. 1958).

15.1-12-04. Annexation of property to school district — Petition requirements.

A petition to request the annexation of property must:
1. Be obtained from the county superintendent of schools;
2. Identify all property to be annexed, before circulation;
3. Identify one child whose place of residence is on the property to be annexed and whose parent has stated an intention to send the child to a public school in the district receiving the property during the school year following the effective date of the annexation;
4. Be signed in the presence of the petition carrier; and
5. Be submitted to the county superintendent whose jurisdiction includes the administrative headquarters of the district.
Any person who wishes to add or remove that person’s name from the annexation petition may do so until five p.m. on the last business day before the public hearing by the county committee; provided the person appears before the county superintendent to request the action.
This section does not apply to annexations involving an exchange of property.

Source:

S.L. 1999, ch. 196, § 12.

Notes to Decisions

Petition Requirements.

Statutory requirements for a petition for annexation are contained in N.D.C.C. § 15.1-12-04, and do not include a requirement that the property be contiguous with the school district when the petition is filed. New Pub. Sch. Dist. # 8 v. State Bd. of Pub. Sch. Educ., 2016 ND 163, 883 N.W.2d 460, 2016 N.D. LEXIS 161 (N.D. 2016).

15.1-12-05. Annexation of property to school district — Hearing.

Upon receiving a petition for the annexation of property to a school district, the county superintendent shall schedule and give notice of a public hearing regarding the annexation.
The county superintendent shall publish notice of the public hearing in the official newspaper of the county in which the major portion of each affected school district’s real property is situated, at least fourteen days before the date of the hearing. If no newspaper is published in the county, the county superintendent shall publish the notice in a newspaper in an adjoining county in this state.
Before the hearing, the county committee shall:
1. Determine the number of qualified electors residing on the property to be annexed;
2. Ensure that two-thirds of such qualified electors have signed the petition; and
3. Ensure that all other statutory requirements regarding the petition have been met.
At the hearing, the county committee shall accept testimony and documentary evidence regarding:
1. The value and amount of property held by each affected school district;
2. The amount of all outstanding bonded and other indebtedness of each affected district;
3. The levies for bonded indebtedness to which the property will be subjected or from which the property will be exempted, as provided for in section 15.1-12-08;
4. The taxable valuation of each affected district and the taxable valuation under the proposed annexation;
5. The size, geographical features, and boundaries of each affected district;
6. The number of students enrolled in each affected district;
7. Each school in the district, including its name, location, condition, the grade levels it offers, and the distance that students living in the petitioned area would have to travel to attend school;
8. The location and condition of roads, highways, and natural barriers in each affected district;
9. Conditions affecting the welfare of students residing on the property to be annexed;
10. The boundaries of other governmental entities;
11. The educational needs of communities in each affected district;
12. Potential savings in school district transportation and administrative services;
13. The potential for a reduction in per student valuation disparity between the affected districts;
14. The potential to equalize or increase the educational opportunities for students in each affected district; and
15. All other relevant factors.
Following consideration of the testimony and documentary evidence presented at the hearing, the committee shall make specific findings of fact and approve or deny the annexation. If the annexation is approved, the county superintendent shall forward all minutes, records, documentary evidence, and other information regarding the proceeding and the county committee’s decision to the state board for final approval of the annexation.
1. Except as provided in this subsection, the state board shall conduct a hearing after publication of a notice in the manner required in subsection 2, accept and consider testimony and documentary evidence regarding the proposed annexation, make specific findings, and approve or deny the annexation.
2. If no opposition is presented to the county committee at the hearing and the county committee approves the annexation, the state board may review the record of the county committee and give final approval to the annexation without holding its own hearing.
If the school districts involved in a proposed annexation include property in more than one county, but the major portion of each district’s property is in the same county, the county committee of that county shall consider the annexation petition.
If the school districts involved in a proposed annexation are situated in more than one county and the major portion of each district’s property is not in the same county, the county committees of those counties encompassing the major portion of each school district shall jointly consider the annexation petition. The county committees shall vote separately on whether to approve the annexation.
If the state board denies the annexation, another petition involving any of the same property may not be submitted to the county committee for a period of three months after the state board’s denial. A petition involving any of the same property cited in the original petition may not be considered by the state board more than twice in a twelve-month period.
Regardless of how many county committees consider the annexation, the decision may be appealed to the state board.
Each annexation must receive final approval from the state board.
The county superintendent with whom the petition has been filed shall forward all minutes, records, documentary evidence, and other information regarding the annexation, and the county committee’s decision to the state board for final approval or for consideration of an appeal.
A decision of the state board with respect to an annexation petition may be appealed to the district court of the judicial district in which the property to be annexed is located.

Source:

S.L. 1999, ch. 166, § 2; 1999, ch. 196, § 12; 2001, ch. 172, § 2; 2013, ch. 151, § 2.

Notes to Decisions

Constitutionality.
Catch-All Provision.
Findings.
Standing.

Constitutionality.

In an annexation dispute, a constitutionality argument was rejected since the catch-all provision in this statute allowing consideration of “all other relevant factors” was not vague and did not amount to an improper delegation of legislative authority to the State Board of Public School Education. In re A Part of Lewis & Clark Pub. Sch. Dist. #161 of Ward v. State Bd. of Pub. Sch. Educ. of N.D., 2016 ND 41, 876 N.W.2d 40, 2016 N.D. LEXIS 36 (N.D. 2016).

Catch-All Provision.

In an annexation dispute, the State Board of Public School Education did not err in considering the amount of land involved in the annexation petition because a “catch-all” provision was sufficiently broad to include the amount of land, and there was no evidence that the Board applied this factor in an “ad hoc” or “discriminatory” fashion. In re A Part of Lewis & Clark Pub. Sch. Dist. #161 of Ward v. State Bd. of Pub. Sch. Educ. of N.D., 2016 ND 41, 876 N.W.2d 40, 2016 N.D. LEXIS 36 (N.D. 2016).

Findings.

North Dakota State Board of Public School Education properly granted a petition to annex land from one school district to another district, where the board’s conclusions of law were supported by its findings of fact and its order was in accordance with the law. New Town Pub. Sch. Dist. No. 1 v. State Bd. of Pub. Sch. Educ., 2002 ND 127, 650 N.W.2d 813, 2002 N.D. LEXIS 172 (N.D. 2002).

Standing.

In an annexation dispute, a school district had standing to object to a petition because testimony and documentary evidence concerning an affected school board had to be considered at a public hearing. The school district and its superintendent and board members were members of the public entitled to participate in annexation hearings to protect the district's interests. In re A Part of Lewis & Clark Pub. Sch. Dist. #161 of Ward v. State Bd. of Pub. Sch. Educ. of N.D., 2016 ND 41, 876 N.W.2d 40, 2016 N.D. LEXIS 36 (N.D. 2016).

DECISIONS UNDER PRIOR LAW

Effect of Approval.

Disapproval of an annexation petition by one of two or more county committees cannot prevent annexation, for approval by one county committee results in submission of the matter to the state board of public school education and state board approval has the same effect as approval by all county committees. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Equitable Adjustment.

An equitable adjustment as contemplated does not necessarily require that for every loss of some benefit sustained by one school district there must be a corresponding immediate gain of another benefit or loss of a responsibility by that school district; consideration must also be given to intangible items as well as the future effect of an action. Edmore Pub. Sch. Dist. v. State Bd. of Pub. Sch. Educ., 326 N.W.2d 81, 1982 N.D. LEXIS 377 (N.D. 1982).

Evidence.

Testimony and evidence may be directed to any of the factors. There need not be testimony or evidence directed to all of the factors, and findings must be made only on factors to which testimony or evidence was directed. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

A petitioner for annexation has the burden of introducing evidence on as many factors as are necessary to establish a prima facie case for approval of his petition. A petitioner who does not introduce evidence on some factors runs the risk that the petition will not be approved. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Opponents of a petition for annexation have a burden to introduce evidence to overcome any prima facie case for approval established by the petitioner. Opponents who do not introduce evidence on some factors run the risk that the petition will be approved. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Findings.

Board is required to make specific findings with respect to every factor to which testimony or documentary evidence is directed. In re Annexation of Part of Solen Pub. Sch. Dist., 351 N.W.2d 435 (N.D. 1984).

It is enough that the findings made by the state board of public school education are supported by a preponderance of the evidence and that they support its conclusions and decisions. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Failure of the state board of public school education to prepare findings of fact required by this section required reversal of the judgment of the district court and remand with order directing the State Board to prepare findings. Dunseith Pub. Sch. Dist. v. State Bd. of Pub. Sch. Educ., 401 N.W.2d 704, 1987 N.D. LEXIS 253 (N.D. 1987).

Impact.

There are no provisions specifically requiring the state board of public school education to consider the impact upon a school district from which land is sought to be detached. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Inadequate Findings.

Findings of fact and conclusions of law by the state board of public school education in a hearing to reorganize school districts were not adequate to meet the requirements of this section. Dunseith Pub. Sch. Dist. No.1 v. State Bd. of Pub. Sch. Educ., 437 N.W.2d 825, 1989 N.D. LEXIS 59 (N.D. 1989).

Legislative Intent.

The legislature did not intend to require that the state board of public school education automatically grant a petition to annex out of a consortium, but that a consortium could annex to another district any time it secured approval of the board. AAFEDT v. North Dakota State Bd.of Pub. Sch. Educ. (In re Annexation of a Part of Utility Pub. Sch. Dist. No. 80), 540 N.W.2d 393, 1995 N.D. LEXIS 214 (N.D. 1995).

Other Relevant Factors.

Former section 15-27.2-04(3) allowed a county committee or the state board of public school education to consider the amount of land in an annexation petition, because the catch-all category, “other relevant factors,” was sufficiently broad to encompass the amount of land involved. AAFEDT v. North Dakota State Bd.of Pub. Sch. Educ. (In re Annexation of a Part of Utility Pub. Sch. Dist. No. 80), 540 N.W.2d 393, 1995 N.D. LEXIS 214 (N.D. 1995).

Petition.

To be effective, an annexation petition involving school districts situated in more than one county need only constitute an acceptable part of a comprehensive program adopted by one of the county committees, secure the approval of one of the county committees and the state board of public school education and, if an appeal is lodged pursuant to N.D.C.C ch. 28-32, withstand judicial review within the limited scope of review provided in N.D.C.C. § 28-32-46. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

Specificity of Findings.

In reorganization hearings where the testimony is disputed, there is a need for more specific findings than might otherwise be warranted. Dunseith Pub. Sch. Dist. v. State Bd. of Pub. Sch. Educ., 401 N.W.2d 704, 1987 N.D. LEXIS 253 (N.D. 1987).

S.L. 2001, ch. 180, § 2; 2013, ch. 151, § 3.

15.1-12-10. School district reorganization — Contents of plan — Public hearing — Testimony and evidence.

The reorganization plan required by section 15.1-12-09 must:
1. Include a map showing the boundaries of each participating district and of the proposed new district;
2. Include the number of students enrolled in each participating district during the current school year and during the ten preceding school years;
3. Include projected student enrollments for the ensuing ten years;
4. Include the location and condition of all school buildings and facilities in each participating district and intended uses for the buildings and facilities;
5. Address planned construction, modification, or improvement of school buildings and facilities located within the boundaries of the new district;
6. Address planned course offerings by the new district;
7. Include the planned administrative structure of the new district and the number of full-time equivalent personnel to be employed by the new district;
8. Include the planned number of members who will constitute the board of the new district and the manner in which the members are to be elected;
9. Address plans regarding student transportation;
10. Identify other governmental entities, including multidistrict special education units and area career and technology centers, which may provide services to the new district;
11. Include the taxable valuation and per student valuation of each participating district and the taxable valuation and per student valuation of the new district;
12. Include the amount of all bonded and other indebtedness incurred by each participating district;
13. Include the current budget for each participating school district together with:
  1. The district’s estimated ending fund balance; and
  2. A list of the district’s anticipated expenditures for goods and services, whether in a single transaction or in multiple transactions, if the total value of the goods or services exceeds three thousand dollars, provided the requirements of this paragraph do not extend to salaries, benefits, or other compensation paid or payable to school district personnel;
14. Address the planned disposition of all property, assets, debts, and liabilities of each participating district, taking into consideration section 15.1-12-18;
15. Include a proposed budget for the new district and a proposed general fund levy and any other levies, provided that tax levies submitted to and approved by the state board as part of a reorganization plan are not subject to mill levy limitations otherwise provided by law;
16. Include the official name of the new district, which must include the phrase “school district” or “public school district” and which may include no more than two additional words;
17. Include the number of the new district, as assigned by the superintendent of public instruction; and
18. Include any other information that the participating school districts wish to have considered by the county committee or the state board.
Upon receiving a reorganization plan, the county superintendent shall schedule and give notice of a public hearing regarding the plan. If the school districts involved in a reorganization plan include property in more than one county, but the major portion of each district’s property is in the same county, the county committee of that county shall consider the reorganization plan. If the school districts involved in a reorganization plan are situated in more than one county and the major portion of each district’s property is not in the same county, the county committees of those counties encompassing the major portion of each school district shall jointly consider the reorganization plan.
The county superintendent shall publish the notice in the official newspaper of the county at least fourteen days before the date of the hearing.
If no newspaper is published in the county, the county superintendent shall publish the notice in the official newspaper of an adjoining county in this state.
Before the hearing, the county committee shall review the reorganization plan and ensure that all statutory requirements have been met.
At the hearing, the county committee shall accept testimony and documentary evidence regarding the reorganization plan.
Following consideration of the testimony and documentary evidence presented at the hearing, the committee shall approve or deny the reorganization plan.
If the plan is approved by at least one county committee, the county superintendent shall forward all minutes, records, documentary evidence, and other information regarding the proceeding, and the county committee’s decision, to the state board for final approval. The state board shall publish notice of its meeting at which it will consider the reorganization plan in the official newspaper of the county at least fourteen days before the date of the meeting. If no newspaper is published in the county, the state board shall publish the notice in the official newspaper of an adjoining county in this state.
To become effective, a reorganization plan must meet all statutory requirements and must receive approval by both the state board and a majority of electors residing within each school district.

Source:

S.L. 1999, ch. 196, § 12; 2001, ch. 161, § 20; 2001, ch. 172, § 4; 2003, ch. 138, § 51; 2007, ch. 165, § 2; 2013, ch. 151, § 4; 2015, ch. 144, § 1, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 144, S.L. 2015 became effective August 1, 2015.

DECISIONS UNDER PRIOR LAW

Analysis

Annexation of School Districts.
Comprehensive Program.

Annexation of School Districts.

Statute providing for public hearings on proposals for reorganization did not apply to annexation of public school districts. Edmore Pub. Sch. Dist. v. State Bd. of Pub. Sch. Educ., 326 N.W.2d 81, 1982 N.D. LEXIS 377 (N.D. 1982).

A defeated school organization plan may be resubmitted to electors without the necessity of calling another public hearing as required on the original submission. Juhl v. Well, 116 N.W.2d 625, 1962 N.D. LEXIS 83 (N.D. 1962).

Comprehensive Program.

Statutory provisions concerning annexation of land to school districts require, as a prerequisite to approval by either county committees or state committee, that annexation proposal constitutes an acceptable part of a comprehensive program for reorganization of school districts involved; where state committee made no such determination prior to approving annexation, its decision to approve annexation did not comply with requirements of statute on voluntary proposals for organization or alteration of school districts. McKenzie County Sch. Dist. v. State Bd. of Pub. Sch. Educ., 311 N.W.2d 167, 1981 N.D. LEXIS 386 (N.D. 1981).

It is not absolutely necessary that a comprehensive plan for reorganization be formally admitted into record before county committee or state board. Edmore Pub. Sch. Dist. v. State Bd. of Pub. Sch. Educ., 326 N.W.2d 81, 1982 N.D. LEXIS 377 (N.D. 1982).

An annexation involving land in school districts located in two counties need not be consistent with both counties’ comprehensive programs for the reorganization of school districts. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

One county committee’s comprehensive program for the reorganization of school districts cannot preclude approval of an annexation petition that complies with another county committee’s program when the school districts involved are situated in more than one county. In re Annexation of Part of Donnybrook Pub. Sch. Dist., 365 N.W.2d 514, 1985 N.D. LEXIS 279 (N.D. 1985).

15.1-12-10.1. State board of public school education — Approval of elementary districts prohibited.

The state board of public school education may not approve any reorganization plan that would result in the creation of an elementary district.

Source:

S.L. 2003 Sp., ch. 667, § 6.

Effective Date.

This section became effective July 1, 2003, pursuant to section 42 of chapter 667, S.L. 2003, Sp.

15.1-12-11. School district reorganization — Approved plan — Special election — Formation of new district.

If the state board approves a reorganization plan, the state board shall notify each county superintendent of schools having jurisdiction over real property in the proposed new district. A county superintendent receiving notice under this section shall call a special election in order that the electors residing within the boundaries of the proposed new district may approve or reject the reorganization plan. The election must be held between July first and December thirty-first of the year in which the plan is approved by the state board. If there are insufficient days left in the year to meet the notice requirements of this section, the election must be held the following year.
If the state board approves a reorganization plan, the state board shall notify job service North Dakota of the names of the school districts planning to reorganize, the election date proposed in the reorganization plan, the proposed effective date of the reorganization, and the proposed name of the new reorganized school district.
The county superintendent shall give notice of the election by publishing the time, date, and place of the election in the official newspaper of the county, at least fourteen days before the date of the election.
The election notice must:
1. State that the election has been called for the purpose of approving or rejecting a plan to form a new school district;
2. Describe the boundaries of the proposed new district; and
3. Include a statement describing the adjustment of property, debts, and liabilities proposed in the plan, together with the proposed tax levy.
The county superintendent shall appoint judges and clerks of the election. The election must be conducted in the same manner and the polls must open and close at the same time as specified for school district elections.
The result of the elections must be certified by the participating school boards and delivered to the county superintendent within three days after the closing of the polls.
If a majority of electors residing within each school district vote to approve the reorganization plan, the county superintendent shall make the necessary adjustments of property, debts, and liabilities and perform all duties required by law in order to establish and organize the new school district. The county superintendent shall also notify job service North Dakota regarding the results of the election and, if the reorganization is approved, shall indicate the effective date of the reorganization and the name of the new reorganized school district.

Source:

S.L. 1999, ch. 196, § 12; 2005, ch. 159, § 1.

DECISIONS UNDER PRIOR LAW

Analysis

Constitutionality.
Effect of Amendment.
Redistricting.
Surplusage.
Tax Levy.

Constitutionality.

Under former statute, only those voters residing within boundaries of proposed new district might vote upon formation of new district; statute was constitutional, not being in violation of sections 11, 20, 121 or 122 of the state constitution. State ex rel. Kjelden v. Horne, 98 N.W.2d 150, 1959 N.D. LEXIS 100 (N.D. 1959).

Effect of Amendment.

After the state board approved a proposed 188 mill levy in revised restructuring proposal in December 1992, the legislature chose to abridge restructured school districts’ taxing power by imposing a mill levy limit in cases where an election resulted in some, but not all, consortium participants voting to restructure and those districts voting in favor of restructuring proceeding to form a new district; thus, regardless of the situation existing in December 1992 when the state board approved the revised restructuring plan with a proposed mill levy of 188 mills, by the time the new school district came into existence, as of July 1, 1993, it was subject to the mill levy limit. Hodek v. Greater Nelson County Consortium, 520 N.W.2d 825, 1994 N.D. LEXIS 182 (N.D. 1994).

Redistricting.

A plain reading of former section 15-27.3-08 discloses that only an initial proposal must be put to a vote; once a vote has been taken, however, and some, but not all, districts vote in favor of a new district, the new interim district board can, without an election, adopt a new proposal and determine the tax levy. Hodek v. Greater Nelson County Consortium, 520 N.W.2d 825, 1994 N.D. LEXIS 182 (N.D. 1994).

Surplusage.

Surplusage in a description of boundaries contained in a notice of special election for a reorganized school district was not fatal when the description was otherwise clear and the surplusage did not add or subtract from the area intended. Hanson v. Grubb, 94 N.W.2d 504, 1959 N.D. LEXIS 66 (N.D. 1959).

Tax Levy.

Subsection 3 of former section 15-27.3-08, as amended by H.B. 1003 in the 1993 legislative session, gave the interim board of merging districts authority to make a determination of tax levy different than the one in the original proposal, and the trial court erred in limiting the district’s maximum general fund mill levy to the levy allowed by the original proposal. Hodek v. Greater Nelson County Consortium, 531 N.W.2d 280, 1995 N.D. LEXIS 82 (N.D. 1995).

Nothing in subsection 3 of former section 15-27.3-08 authorized including add-ons to mill levies permitted over the years by N.D.C.C. § 57-15-01 or using existing mill levies by districts, before they merged, but subsection 3 set a mill levy limit without reference to the existing levies of the districts joining to form the new district. Hodek v. Greater Nelson County Consortium, 531 N.W.2d 280, 1995 N.D. LEXIS 82 (N.D. 1995).

15.1-12-11.1. Reorganization bonus — Eligibility — Distribution. [Repealed]

Repealed by S.L. 2005, ch. 167, § 37.

15.1-12-11.2. Reorganization bonus — Advanced payment. [Repealed]

Repealed by S.L. 2005, ch. 167, § 38.

15.1-12-12. School district reorganization — Vote on issuance of bonds.

If the reorganization plan proposes the issuance of bonds under chapter 21-03, the question of the bond issuance may be voted on at the same election as that for which approval of the reorganization plan is sought; provided:
1. Each of the school boards involved in the reorganization adopts, by a majority vote, an identical initial resolution required by chapter 21-03; and
2. All of the terms of chapter 21-03 are complied with, except that if there is a conflict with section 15.1-12-14 regarding how the election will proceed, the terms of section 15.1-12-14 prevail.
If the reorganization is not approved, the result of the vote on the bond issuance is void.

Source:

S.L. 1999, ch. 196, § 12.

15.1-12-13. School district reorganization — Proposal rejection — Revision — New election.

If the electors reject the reorganization plan, the county committee, after a period of three months from the date of the special election, may hold a public hearing as provided for in section 15.1-12-10 to consider a revised reorganization plan proposed by the participating school districts. If the county committee approves a revised plan, the county superintendent shall submit the revised plan to the state board for approval.
If the state board approves the revised plan, it shall notify the county superintendent of schools. A county superintendent receiving notice under this section shall follow the procedures set forth in this chapter for calling a special election to approve or reject the revised plan. If a majority of the electors residing within each school district vote to approve the revised reorganization plan, the county superintendent shall make the necessary adjustments of property, debts, and liabilities and perform all duties required by law in order to establish and organize the new school district.

Source:

S.L. 1999, ch. 196, § 12.

DECISIONS UNDER PRIOR LAW

Analysis

Language of Notice.
Resubmission of Plan.

Language of Notice.

Election notice was not required to be framed in the exact language of the statute. Anderson v. Peterson, 78 N.D. 949, 54 N.W.2d 542, 1952 N.D. LEXIS 89 (N.D. 1952).

Resubmission of Plan.

Defeated reorganization plan could be resubmitted without amendment and without a second public hearing. Juhl v. Well, 116 N.W.2d 625, 1962 N.D. LEXIS 83 (N.D. 1962).

15.1-12-14. School district reorganization — School boards — Assumption of duties — Approval of expenditures — Contracts.

Upon approval of a reorganization plan by the electors, in accordance with section 15.1-12-11, a school board for the reorganized district must be elected at the next regular school district election or at a special election called by the county superintendent of schools for that purpose. The first school board election in a newly reorganized district is governed by chapter 15.1-09.
Members of newly formed school boards representing reorganized districts may not enter upon the duties of office until the time specified in section 15.1-12-18, except as provided in sections 15.1-12-15 and 15.1-12-16.
Unless otherwise directed by law or by the reorganization plan, between the date on which the reorganization is approved and the date on which the reorganization becomes effective, the board of a school district participating in the reorganization must obtain written consent from the board of every other school district participating in the reorganization before it:
1. Enters into any new contract, whether oral or written, which financially obligates the district;
2. Renews any existing contract, whether oral or written, which financially obligates the district; or
3. Purchases any goods or services, whether in a single or in multiple transaction, if the total value of the goods or services exceeds three thousand dollars, provided the requirements of this subdivision do not extend to salaries, benefits, or other compensation paid or payable to school district personnel.

Source:

S.L. 1999, ch. 196, § 12; 2003, ch. 155, § 1; 2015, ch. 144, § 2, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 144, S.L. 2015 became effective August 1, 2015.

DECISIONS UNDER PRIOR LAW

Analysis

Acts of De Facto Boards.
Calling of Election.
Construction.

All provisions of a reorganization plan, except those relating to boundaries and geographic voting areas, may be changed upon the concurrence of a majority of the qualified electors voting on the question. The question may be placed before the voters at a regular or special election upon a motion of the school board and shall be placed before the voters upon receipt by the board of a petition signed by at least:
1. Twenty-five percent of the qualified electors residing in the district, if the population of the district, as determined by the county superintendent, is less than twenty-five qualified electors;
2. Twenty percent of the qualified electors residing in the district, if the population of the district is at least twenty-five but not more than four thousand; or
3. Fifteen percent of the qualified electors residing in the district, if the population of the district is greater than four thousand.
Notwithstanding the provisions of subsection 1, if a school district has been reorganized for at least ten years, the boundaries of geographic voting areas may be changed upon the concurrence of a majority of qualified electors voting on the question.
By resolution, the board in a reorganized district may change to at large voting for school board members if there is a variance of more than ten percent in the population between any of the district’s established geographic areas with resident candidates.

Source:

S.L. 1999, ch. 196, § 12.

15.1-12-22. School district reorganization — Board — Powers after five years — Exceptions.

Beginning five years after the effective date of the reorganization, the board of a reorganized district may exercise all powers granted to a school board by law, regardless of limitations contained in the district’s reorganization proposal.
Notwithstanding subsection 1, the board of a reorganized district may change geographic voting areas only in accordance with section 15.1-12-21.

Source:

S.L. 1999, ch. 196, § 12.

DECISIONS UNDER PRIOR LAW

Organized and Nonreorganized District Compared.

In nonreorganized districts local school boards may impose a bus service user fee on their own authority, while the direct approval of the voters would be required in reorganized districts. The difference between these districts, however, simply reflects voluntary agreements made during the history of North Dakota’s reorganization process, and could scarcely be thought to make the state’s laws arbitrary or irrational. Kadrmas v. Dickinson Pub. Sch., 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

15.1-12-23. School district reorganization — Proportionate tax rate on agricultural property.

A school district that for school purposes imposed on agricultural property a proportionate tax rate different from the school district levy on other taxable property, as permitted by repealed sections 15-53.1-37 and 15-53.1-38 on December 31, 1984, shall continue to levy the proportionate tax rate unless the school board is directed, by a majority of the district’s qualified electors voting on the question, to discontinue the proportionate tax rate. No other school board may impose a proportionate tax rate on different classes of property within the district.

Source:

S.L. 1999, ch. 196, § 12.

15.1-12-24. Nonoperating school district — Reorganization or dissolution.

A school district that ceases to provide educational services within the district must become, within one year, through a process of reorganization or dissolution, part of a district operating an approved school. If a school district affected by this section has not become part of a district operating an approved school within the prescribed time limit, the school district must be dissolved. This section does not apply to military installation school districts.

Source:

S.L. 1999, ch. 196, § 12.

DECISIONS UNDER PRIOR LAW

Analysis

Dissolution Upheld.
Effect on Other Laws.
Nonretroactivity.
Property Rights.

DECISIONS UNDER PRIOR LAW

Approved by State Board.

Prior to 1965 amendment of law on procedure for dissolution of school district, it was not required that order of dissolution and attachment be approved by the state board of public education. Walker v. Weilenman, 143 N.W.2d 689, 1966 N.D. LEXIS 165 (N.D. 1966).

15.1-12-28. Dissolution of school district — Unobligated cash balance — Distribution.

Any unobligated cash balance not exceeding ten thousand dollars must be held in a separate fund by the auditor of the county having the greatest share of the dissolved school district’s land. The county auditor shall hold the fund for one year after the effective date of the dissolution. During that year, the county auditor shall accept assets and pay unresolved debts attributable to the dissolved school district.
After one year, the county auditor shall distribute the remaining cash balance as follows:
1. If the dissolving school district did not have sufficient funds for the reimbursement account set up under section 15.1-12-28.1, then as much of the remaining cash balance as would be necessary to pay the estimated obligation to job service North Dakota must be deposited in the reimbursement account. Unless otherwise directed by the order of dissolution, any remaining cash balance must be distributed to the receiving school districts in the same percentage as the taxable valuation received at the time of the attachment order.
2. If the reimbursement account in section 15.1-12-28.1 was fully funded by the dissolving school district, the county auditor shall distribute the remaining cash balance among the school districts to which the real property of the dissolved district was attached. Unless otherwise directed by the order of dissolution, the distribution to each shall be the same percentage as the taxable valuation at the time of the attachment order.

Source:

S.L. 1999, ch. 196, § 12; 2005, ch. 159, § 5.

15.1-12-28.1. Dissolving school district to set up reimbursement account for benefit of job service North Dakota — Liability of receiving school districts if funds are insufficient.

After the dissolution is approved by the state board and after ten thousand dollars is set aside as provided for in section 15.1-12-28, the school district shall set aside in a reimbursement account the amount of money estimated by job service North Dakota to reimburse job service North Dakota for unemployment compensation benefits that could potentially be paid by job service North Dakota to school district employees, as indicated in section 15.1-12-26.1. The school district shall set aside that money in a reimbursement account with the North Dakota school boards association or with the county auditor and shall notify job service North Dakota of the account’s location.
The money must be held for two and one-half years from the effective date of the dissolution and must be used to reimburse job service North Dakota for unemployment compensation benefits paid by job service North Dakota to former employees of the dissolved school district for which the dissolved school district would have been liable, including any delinquent reimbursement payments.
After the two and one-half year period, moneys remaining in the account must be distributed to the school districts that received the dissolving school district’s land, in the same proportion as taxable valuation received by the school districts.
If the money in the account is not sufficient to reimburse job service North Dakota for all unemployment compensation claims paid, then the school districts that received the dissolving school district’s land must pay the balance to job service North Dakota in the same proportion as taxable valuation received by the school districts.

Source:

S.L. 2005, ch. 159, § 6.

15.1-12-29. Dissolution of school district — Unobligated cash balance — Tax credits or refunds.

After ten thousand dollars is set aside, as required by section 15.1-12-28, and after the required amount is deposited in the reimbursement account for job service North Dakota, as required by section 15.1-12-28.1, any remaining unobligated cash balance, up to an amount equaling a dissolved school district’s general fund expenditure for the last school year before the district’s dissolution is a credit for real property owners within the boundaries of the dissolved school district, against taxes levied by the district to which their property is now attached. If property from the dissolved district is attached to more than one school district, the percentage of the total credit to which each eligible real property owner is entitled must equal the percentage that the taxable valuation of the individual’s real property bears to the total taxable valuation of the dissolved district’s property at the time of the attachment order.
Upon approval of the board of county commissioners, any school district required to provide a tax credit under subsection 1 may provide a cash refund in lieu of the tax credit. At the request of the county auditor, the school district holding the unobligated cash balance available under subsection 1 shall pay to the county treasurer the amount to be paid to those who own real property within the dissolved district. The treasurer shall issue the refund to the owner of the property as shown on the county’s assessment list at the time of payment. If there is a lien for unpaid taxes against the property, the treasurer shall first apply the property owner’s tax credit toward any outstanding balance. Any amount remaining may then be paid to the property owner. The cash refunds must be calculated proportionately to the total taxable value of the dissolved district during the last year taxes were levied.
After the requirements of subsection 1 have been met, the county auditor shall distribute any remaining unobligated cash balance among the school districts to which the real property of the dissolved district was attached. The percentage of the remaining unobligated cash balance to which each school district is entitled equals that percentage of the dissolved district’s total taxable valuation which was attached to the receiving school district.

Source:

S.L. 1999, ch. 196, § 12; 2005, ch. 159, § 7; 2005, ch. 167, § 8.

CHAPTER 15.1-13 Teacher Licensing

15.1-13-01. Definitions.

For purposes of this chapter:

“Administrator” means an individual who holds an administrator’s credential and who is employed by the board of a school district for the primary purpose of providing administrative services to the schools of the district. The term includes a school district superintendent, an assistant or associate school district superintendent, a school principal, an assistant or associate school principal, a special education director, a director of a multidistrict special education unit, a career and technical education director, and a director of an area career and technology center. The term may include an athletic or activity director who meets the requirements of this subsection.
“Board” means the education standards and practices board.
“Profession of teaching” means providing services in an approved school as a teacher, counselor, librarian, curriculum director or supervisor, speech or language therapist, school psychologist, special educator, or administrator.

Source:

S.L. 2001, ch. 181, § 1; 2003, ch. 138, § 52; 2007, ch. 171, § 1.

DECISIONS UNDER PRIOR LAW

Collateral Attack.

A second grade professional certificate was not subject to collateral attack. McDonald v. Nielson, 43 N.D. 346, 175 N.W. 361, 1919 N.D. LEXIS 48 (N.D. 1919); Wendt v. Waller, 46 N.D. 268, 176 N.W. 930, 1920 N.D. LEXIS 7 (N.D. 1920).

Contractual Relationship.

A teacher employed by a common school district was not an officer of the district, but a mere employee. The relationship between the teacher and the district was purely contractual. Mootz v. Belyea, 60 N.D. 741, 236 N.W. 358, 1931 N.D. LEXIS 227 (N.D. 1931); Seher v. Woodlawn Sch. Dist., 79 N.D. 818, 59 N.W.2d 805, 1953 N.D. LEXIS 78 (N.D. 1953).

Discontinuance of School.

Former statute dealing with common schools required teacher’s contract to contain an express stipulation against compensation in case school was discontinued for specified causes. Sandry v. Brooklyn Sch. Dist., 47 N.D. 444, 182 N.W. 689, 1921 N.D. LEXIS 118 (N.D. 1921).

Dismissal.

A teacher could not be dismissed, for failure to perform her duty by an attempt to close the school under former statute. McWithy v. Heart River Sch. Dist., 75 N.D. 744, 32 N.W.2d 886 (1948), distinguished, Herman v. Medicine Lodge Sch. Dist., 71 N.W.2d 323 (N.D. 1955) and Linden Sch. Dist. v. Porter, 130 N.W.2d 76, 1964 N.D. LEXIS 122 (N.D. 1964).

Provision of former statute that the school board of a common school district “may dismiss a teacher at any time”, for certain causes, became a part of the teacher’s contract. Seher v. Woodlawn Sch. Dist., 79 N.D. 818, 59 N.W.2d 805, 1953 N.D. LEXIS 78 (N.D. 1953).

A school board’s dismissal of a teacher was the exercise of an executive function; but whether the dismissal constituted a breach of the teacher’s contract was for judicial determination. Seher v. Woodlawn Sch. Dist., 79 N.D. 818, 59 N.W.2d 805, 1953 N.D. LEXIS 78 (N.D. 1953).

Judicial Review.

When the superintendent of public instruction has determined the existence of the necessary qualifications to entitle one to a certificate, such determination cannot be reviewed by a judicial tribunal except for fraud. Wendt v. Waller, 46 N.D. 268, 176 N.W. 930, 1920 N.D. LEXIS 7 (N.D. 1920).

Oral Contract.

Statutory requirement that contracts for the employment of a teacher be in writing was mandatory, and barred the teacher’s action for damages against a school district based on an oral contract of employment. Michaelsohn v. Norway Sch. Dist., 63 N.D. 683, 249 N.W. 776, 1933 N.D. LEXIS 224 (N.D. 1933).

Professional Certificate.

A professional certificate is a teacher’s certificate of the highest grade in this state. McDonald v. Nielson, 43 N.D. 346, 175 N.W. 361, 1919 N.D. LEXIS 48 (N.D. 1919).

Collateral References.

Oath of allegiance, validity of governmental requirement of, 18 A.L.R.2d 268.

Dismissal or rejection of public school teacher because of disloyalty, 27 A.L.R.2d 487.

Tests of moral character or fitness as requisite to issuance of teacher’s license or certificate, 96 A.L.R.2d 536.

Moral unfitness, revocation of teacher’s certificate for, 97 A.L.R.2d 827.

Bias of license revocation board members, 97 A.L.R.2d 1210.

What constitutes “incompetency” or “inefficiency” as a ground for dismissal or demotion of public school teacher, 4 A.L.R.3d 1090.

Use of illegal drug as ground for dismissal of teacher, or denial or cancellation of teacher’s certificate, 47 A.L.R.3d 754.

Dismissal of, or disciplinary action against, public school teacher for violation of regulation as to dress or personal appearance of teachers, 58 A.L.R.3d 1227.

Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 A.L.R.3d 19.

What constitutes “insubordination” as ground for dismissal of public school teacher, 78 A.L.R.3d 83.

Dismissal of public school teacher because of unauthorized absence or tardiness, 78 A.L.R.3d 117.

Student’s right to compel school officials to issue degree, diploma or the like, 11 A.L.R.4th 1182.

15.1-13-02. Education standards and practices board — Membership.

The governor shall appoint to the education standards and practices board:
1. Four individuals who are public school classroom teachers;
2. One individual who is a nonpublic school classroom teacher;
3. Two individuals who are school board members;
4. Two individuals who are administrators; and
5. One dean of a college of education or chairman of a department of education.
The superintendent of public instruction or the superintendent’s designee shall serve as a nonvoting ex officio member.

Source:

S.L. 2001, ch. 181, § 1; 2001, ch. 182, § 3.

15.1-13-03. Board compensation.

Each member of the board is entitled to receive compensation in the amount of sixty-two dollars and fifty cents per day and to reimbursement for expenses as provided by law for other state officers while attending meetings or performing duties directed by the board. A member of the board may not lose the member’s regular salary and may not be required to refuse the compensation to which the member is entitled under this section for serving on the board.

Source:

S.L. 2001, ch. 181, § 1; 2003, ch. 156, § 1.

Cross-References.

Expense allowance, see N.D.C.C. §§ 44-08-03 to 44-08-04.2, 54-06-09.

The board shall:

Supervise the licensure of teachers.
Set standards for and approve teacher preparation programs.
Seek the advice of teachers, administrators, school board members, teacher education professors, and other interested citizens in developing and updating codes or standards of ethics, conduct, professional performance, and professional practices.
Adopt, in accordance with chapter 28-32, codes or standards of ethics, conduct, professional performance, and professional practices.
Make recommendations for the inservice education of individuals engaged in the profession of teaching.
Issue major equivalency endorsements and minor equivalency endorsements.
Appoint an executive director to serve at its discretion.
Authorize the executive director to employ personnel, subject to approval by the board.

Source:

S.L. 2001, ch. 181, § 1; 2003, ch. 157, § 1.

Collateral References.

Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 A.L.R.4th 642.

15.1-13-09. Board powers.

The board may:

Adopt rules in accordance with chapter 28-32.
Apply for and receive federal or other funds on behalf of the state for purposes related to its duties.
Perform any duty related to the improvement of instruction through teacher education, professional development, and continuing education programs.

Source:

S.L. 2001, ch. 181, § 1; 2011, ch. 135, § 1.

15.1-13-10. Criteria for teacher licensure.

The board shall establish by rule the criteria for teacher licensure and the process for issuing teaching licenses. The criteria must include considerations of character, adequate educational preparation, and general fitness to teach.
The board may not require a teacher who graduated from an accredited teacher education program on or before September 1, 1980, to earn any college credits in native American or other multicultural courses as a condition of licensure or license renewal.
This section does not affect the validity of teaching certificates in effect on July 31, 2001.
This section does not affect the qualifications for career and technical education certificates, as otherwise established by law.
The board shall grant an initial license to an individual who:
1. Possesses a bachelor’s degree from an accredited institution;
2. Passes a criminal history record check required by section 15.1-13-14; and
3. Successfully completes an alternative teacher certification program.
An in-state alternative teacher certification program must operate in accordance with the procedures and program approval standards and requirements set by the board for teacher education programs for the licensure of educators.
An out-of-state alternative teacher certification program must:
1. Operate in at least five states;
2. Have operated an alternative teacher certification program for at least ten years;
3. Require applicants to pass a subject area and pedagogy examination, known as the professional teaching knowledge examination, to receive certification;
4. Allow an individual who obtains an initial or renewal license to teach in the subject areas of:
  1. Elementary education;
  2. Elementary education with a reading endorsement;
  3. English language arts;
  4. United States and world history;
  5. Mathematics;
  6. General science;
  7. Biology;
  8. Chemistry;
  9. Physics; and
  10. Special education;
5. Operate in accordance with the procedures and program approval standards and requirements set by the board for teacher education programs for the licensure of educators; and
6. Meet the procedures and program approval standards and requirements under subdivision e by July 1, 2023.
An individual who obtains an initial license under subsection 5 is authorized to teach the subject and educational levels for which the individual has successfully completed the program described under subsection 5.
Upon completing two years of teaching under an initial license issued under subsection 5, the licensee is eligible to apply for a five-year renewal license if the individual:
1. Completes the program’s clinical experience program and the North Dakota teacher support system approved mentor program;
2. Meets the requirements of section 15.1-13-35 within two years of initial licensure; and
3. Meets the requirements of human resources and cultural directives required coursework within two years of initial licensure which includes Native American studies, cultural diversity, strategies for creating learning environments that contribute to positive human relationships, and strategies for teaching and assessing diverse learners.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 A.L.R.4th 260.

15.1-13-15. Teaching license — Application — Oath or affirmation.

Each applicant for a teaching license shall subscribe to the following oath or affirmation:
The applicant shall execute the oath or affirmation in duplicate. One copy of the oath or affirmation must be filed with the board when the applicant applies for a teaching license. The applicant shall retain the other copy.
The board may not issue a license to teach unless a duly witnessed or notarized oath or affirmation has been filed with the board.

I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of North Dakota, and that I will faithfully discharge the duties of my position, according to the best of my ability.

Source:

S.L. 2001, ch. 181, § 1.

Collateral References.

Oath of allegiance, validity of governmental requirement of, 18 A.L.R.2d 268.

Dismissal or rejection of public school teacher because of disloyalty, 27 A.L.R.2d 487.

15.1-13-16. Teaching license — Student transcript.

A student who has met all the criteria necessary to receive a teaching license, but who has not graduated from a college or university, may request that the college or university provide a copy of the student’s completed transcript to the board or to a comparable entity in another state. Within ten days of the request by the student, the college or university shall provide a copy of the transcript showing that the student has met all the criteria necessary to receive a teaching license except graduation. The transcript must indicate areas in which the student has a major or minor.

Source:

S.L. 2001, ch. 181, § 1.

15.1-13-17. Teaching license — Requirements — Exceptions.

An individual may not engage in the profession of teaching unless:
1. The individual holds a teaching license issued by the board; or
2. The individual is approved to teach by the board.
An individual may be approved to teach by the board only if the individual has previously held a North Dakota teaching certificate or license, holds a teaching certificate or license issued by another state, or has filed a completed application for licensure with the board.
The board shall grant a teaching license to an applicant who is a military spouse or military member who meets the requirements of section 43-51-11.1.
The board shall adopt rules establishing the terms and conditions under which an individual may be approved to teach, as provided for in this section. The terms and conditions may include the payment of a fine to the board in an amount not exceeding two hundred fifty dollars per incident, enrollment in and completion of continuing education courses, and submission of a completed application for licensure by a date certain.

Source:

S.L. 2001, ch. 181, § 1; 2001, ch. 182, § 4; 2019, ch. 369, § 2, eff July 1, 2019; 2021, ch. 324, § 1, eff August 1, 2021.

Notes to Decisions

Contract of Employment.

A contract between a school board and a teacher is not invalidated alone by the fact that the teacher at the date of contract did not have a teacher’s certificate. Schafer v. Johns, 23 N.D. 593, 137 N.W. 481, 1912 N.D. LEXIS 119 (N.D. 1912).

15.1-13-17.1. Members of the military — Military spouses.

Notwithstanding contrary provisions of this chapter regarding licensure and licensure renewal, sections 43-51-11 and 43-51-11.1, regarding licensure renewal of a military member and licensure of a military spouse, apply to a license issued or renewed under this chapter.
Rules adopted by the board under this chapter must comply with sections 43-51-11 and 43-51-11.1.

Source:

S.L. 2019, ch. 369, § 3, eff July 1, 2019.

15.1-13-18. Teaching license — Presentation to business manager.

Before being employed to teach by a school district, an individual shall present to the school district business manager a teaching license or other evidence of approval to teach issued by the board.
Before being employed to teach by a nonpublic school, an individual shall present to the school business manager a teaching license or other evidence of approval to teach issued by the board.

Source:

S.L. 2001, ch. 181, § 1; 2011, ch. 131, § 6; 2011, ch. 131, § 6.

Notes to Decisions

Compensation.

A warrant for payment of services of teacher without a certificate of qualification is void. Goose River Bank v. Willow Lake Sch. Township, 1 N.D. 26, 44 N.W. 1002, 1890 N.D. LEXIS 5 (N.D. 1890).

15.1-13-19. Teaching license — Expiration.

Notwithstanding any other law, if an individual’s teaching license expires within the final six weeks of a school district’s or nonpublic school’s calendar, that individual’s license is deemed to be extended and in effect until the completion of the school district’s or nonpublic school’s calendar.

Source:

S.L. 2001, ch. 181, § 1; 2011, ch. 131, § 7.

15.1-13-20. Applicants licensed in other states.

The board shall grant a teaching license to an applicant who holds a regular teaching license or certificate from another state, provided:
1. The applicant’s licensure or certification is based upon a minimum of a bachelor’s degree with a major that meets the issuing state’s requirements in early childhood education, elementary education, middle level education, or a content area taught at a public high school;
2. The applicant’s licensure or certification is based upon the completion of a professional education sequence from a state-approved teacher education program and includes supervised student teaching;
3. The applicant submits the required fee and a criminal history record check, as required of initial applicants by this chapter; and
4. The criminal history record check reveals nothing for which a North Dakota applicant would be denied initial licensure.
1. A license granted under this section is valid for two years if the applicant has not been licensed in another state for at least eighteen months.
2. Notwithstanding subdivision a, if the individual received a teaching license or certificate from another state on or after January 1, 2002, and if the issuing state did not require that the individual pass a state test as a condition of licensure or certification, the board shall require that the individual, within two years from the date of licensure, pass all state licensure tests normally required of applicants from this state.
3. In all other cases, a license granted under this section is valid for five years and is renewable if the licenseholder meets the re-education requirements established for all five-year license renewals.
A license granted under this section must include all of the applicant’s endorsements issued or recognized by the applicant’s other state of licensure.

Source:

S.L. 2001, ch. 181, § 1; 2005, ch. 111, § 6; 2011, ch. 135, § 2; 2013, ch. 152, § 1.

15.1-13-21. Reciprocal acceptance of teaching licenses. [Repealed]

Repealed by S.L. 2011, ch. 135, § 3.

15.1-13-22. Licensure of North Dakota American Indian language instructors.

The board may license an individual as an instructor of North Dakota American Indian languages and culture if the individual is recommended for licensure to teach North Dakota native languages by an indigenous language board created by a tribal government in this state and if the individual:

Displays competence in North Dakota American Indian languages and culture and has successfully completed a three-semester-hour course in classroom instruction at a tribal college or other institution of higher education; or
Holds a baccalaureate degree and has knowledge of and experience in North Dakota American Indian languages and culture.

Collateral References.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 A.L.R.4th 260.

15.1-13-27. Suspension or revocation of teaching license — Notice.

If an individual’s teaching license is suspended or revoked, the board shall notify the individual, the business manager of the school district employing the individual, each county superintendent of schools in the state, and the superintendent of public instruction.
Upon being notified that one’s teaching license has been suspended or revoked, the individual shall return the license to the education standards and practices board. If the individual fails to return the license within the time period set by the board, the board may publish notice of the suspension or revocation in the official newspaper of the county in which the individual was employed.

15.1-13-34. Approval of theological studies instructors.

The board shall approve an individual to be an instructor of theological studies upon receipt of the application and fees required under section 15.1-13-11 and pending completion of the background check required by section 15.1-13-14, if the individual:

Holds a baccalaureate degree; and
Is recommended for approval as an instructor of theological studies by the governing board of a nonpublic school offering a theological studies course.

Source:

S.L. 2011, ch. 137, § 1.

15.1-13-35. Teacher licensure requirement — Youth mental health competency.

The board shall ensure a candidate for teacher licensure demonstrates competencies in youth mental health. Competencies must include:
1. An understanding of the prevalence and impact of youth mental health disorders on family structure, education, juvenile services, law enforcement, and health care and treatment providers;
2. Knowledge of mental health symptoms, social stigmas, risks, and protective factors; and
3. Awareness of referral sources and strategies for appropriate interventions.
A teacher licensure candidate satisfies the requirements of this section if the candidate demonstrates the candidate has received training in competencies related to youth mental health from an accredited or approved youth mental health education provider. The board may issue a provisional license for up to two years to a teacher licensure candidate that does not meet the requirements of this section.

History. S.L. 2015, ch. 139, § 1, eff August 1, 2016.

Effective Date.

This section becomes effective August 1, 2016.

15.1-13-35.1. Teaching license — Reading instruction competency. [Effective July 1, 2022]

The board shall ensure a candidate for teacher licensure demonstrates competencies in beginning reading instruction based on scientifically and research-based best practices. Competencies must include the acquisition of knowledge of the essential components of beginning reading instruction, including:
1. Phonemic awareness;
2. Phonics;
3. Fluency;
4. Vocabulary;
5. Comprehension;
6. How to assess student reading ability; and
7. How to identify and correct reading difficulties.
A prekindergarten, kindergarten, elementary, and special education initial teacher licensure candidate must provide evidence that the candidate meets the competency standards of the components under subsection 1.
A prekindergarten through grade twelve and a secondary education initial teacher licensure candidate must provide evidence that the candidate meets the competency standards of the components under subsection 1.
A teacher licensure candidate satisfies the requirements of this section if the candidate demonstrates the candidate has received training in competencies related to reading instruction from an accredited or approved program, or demonstrates mastery of the topics provided under subsection 1. The board may issue a provisional license for up to two years to a teacher licensure candidate who does not meet the requirements of this section.

History. S.L. 2021, ch. 141, § 1, eff July 1, 2022.

Effective Date.

This section becomes effective August 1, 2016.

15.1-13-36. Satisfaction survey — Development — Utilization — Report to legislative management.

1. The superintendent of public instruction shall develop an electronic survey instrument that the education standards and practices board shall utilize at the conclusion of all interactions with individuals seeking information or services from the board.
2. The survey instrument must include references to quality; timeliness; the availability, courtesy, knowledge, and responsiveness of staff; the ease of obtaining information or services; and the cost and value of the interaction.
3. The education standards and practices board shall begin to utilize the survey no later than June 1, 2015.
The education standards and practices board shall compile the responses and provide reports regarding the results to an interim committee designated by the legislative management at the times and in the manner requested by the committee.
Any expenses incurred by the superintendent of public instruction in developing the survey instrument are the responsibility of the education standards and practices board.

History. S.L. 2015, ch. 137, § 7, eff May 13, 2015.

Effective Date.

This section became effective May 13, 2015, pursuant to an emergency clause in section 40 of chapter 137, S.L. 2015.

CHAPTER 15.1-14 Administrators

15.1-14-01. School district superintendent — Duties.

A school district superintendent shall:

Supervise the general operation of the school district.
Supervise the provision of education to students.
Visit the schools of the district.
Supervise school personnel.
Prepare and deliver reports requested by the board of the district.
Perform any other duties requested by the board.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-02. School district superintendent — Bond.

A school district superintendent shall furnish to the school district a bond in an amount fixed by the board of the school district and equal to at least the maximum amount of money that may be subject to the superintendent’s control at any one time. The bond must be conditioned for the faithful discharge of the superintendent’s duties, including the maintenance of accurate financial records and the safekeeping and deliverance of all school property and funds that come under the superintendent’s control. The bond must be written through the state bonding fund and must be obtained at the expense of the school district.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-03. School district superintendent — Evaluation.

1. On or before November fifteenth of each year, the board of a school district shall conduct an evaluation of the superintendent’s performance.
2. On or before March fifteenth of each year, the board shall conduct a second evaluation of the superintendent’s performance.
3. The board shall provide a copy of each evaluation report required by this subsection to the superintendent and shall place a copy of each report in the superintendent’s personnel file.
If the board finds the superintendent’s performance to be unsatisfactory in any area, the board shall detail its findings regarding the superintendent’s performance in the report and shall make recommendations.
Upon receiving an evaluation report, the superintendent may provide a written response to the board. The board shall place the superintendent’s written response in the superintendent’s personnel file.
The board shall meet with the superintendent to discuss the evaluation.

Source:

S.L. 2001, ch. 181, § 2; 2015, ch. 145, § 1, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 145, S.L. 2015 became effective August 1, 2015.

15.1-14-03.1. Individual functioning as a principal and a superintendent — Treatment.

Notwithstanding the provisions of chapter 15.1-15, if an individual is employed by the board of a school district to function as both a school principal and a school district superintendent, that individual must be treated as a school district superintendent for all purposes related to the individual’s evaluation, discharge, and nonrenewal, as set forth in accordance with sections 15.1-14-03 through 15.1-14-12.

History. S.L. 2015, ch. 145, § 2, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

15.1-14-04. School district superintendent — Grounds for dismissal.

The board of a school district may dismiss a school district superintendent prior to the expiration of the individual’s contract for any of the following causes:

Immoral conduct.
Insubordination.
Conviction of a felony.
Conduct unbecoming the position of superintendent.
Failure to perform contracted duties without justification.
Gross inefficiency that the superintendent has failed to correct after written notice.
Continuing physical or mental disability that renders the superintendent unfit or unable to perform the superintendent’s duties.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-05. School district superintendent — Discharge for cause — Notice of hearing — Legal expenses.

If the board of a school district intends to discharge a superintendent for cause prior to the expiration of the superintendent’s contract, the board shall:
1. Provide the superintendent with a written description of the reasons for the discharge; and
2. Provide the superintendent with written notice specifying the date and time at which the board will conduct a hearing regarding the discharge.
If the superintendent chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the superintendent.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-06. School district superintendent — Discharge for cause — Hearing.

At the hearing, the superintendent may produce evidence and witnesses to rebut any reasons given by the board of the school district for its discharge of the superintendent.
The hearing must be conducted in accordance with chapter 28-32.
All witnesses are subject to cross-examination.
Unless otherwise agreed to by the board and the superintendent, the hearing must be conducted as an executive session of the board, except that:
1. The superintendent may invite to the hearing any two representatives to speak on behalf of the superintendent and may invite the superintendent’s spouse or one other family member.
2. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the school district business manager.
If a continuance is requested by the superintendent, the board shall grant a continuance for a period not in excess of seven days. The board may grant a continuance in excess of seven days upon a showing of good cause.
No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section.

A notice of contemplated nonrenewal of a contract for reasons of “ability” and “competence” was insufficient to apprise the superintendent of the reasons for nonrenewal and to permit her to adequately prepare for a hearing on the contemplated nonrenewal. Simmons v. New Pub. Sch. Dist. No. Eight, 1998 N.D. 6, 1998 ND 6, 574 N.W.2d 561, 1998 N.D. LEXIS 15 (N.D. 1998).

15.1-14-10. School district superintendent — Nonrenewal of contract — Hearing.

At the hearing required by section 15.1-14-09, the board of the school district shall present testimony or documentary evidence to substantiate the reasons for the contemplated nonrenewal of a superintendent who has been employed by the board in that position for at least two consecutive years.
The superintendent may call witnesses and present evidence necessary to refute the reasons for nonrenewal.
Each witness appearing on behalf of the board of the school district or the superintendent may be questioned for the purpose of clarification.
Unless otherwise agreed to by the board and the superintendent, the hearing must be conducted as an executive session of the board, except that:
1. The superintendent may invite to the hearing any two representatives to speak on behalf of the superintendent and may invite the superintendent’s spouse or one other family member.
2. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the school district business manager.
If the superintendent chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the superintendent.
If a continuance is requested by the superintendent, the board shall grant a continuance for a period not to exceed seven days.
No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section.
If, after considering the testimony and evidence presented at the hearing, the board chooses not to renew the contract of the superintendent, the board shall provide written notice of its decision to the superintendent on or before May first.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-11. School district superintendent — Contract — Failure to provide notice of nonrenewal.

The contract of a school district superintendent is deemed to be renewed for a period of one year from its termination date if:

On or before April fifteenth, the board of a school district has not provided written notification to the superintendent regarding a contemplated nonrenewal of the superintendent’s contract; and
On or before June first, the superintendent has not provided to the board a written resignation.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-12. School district superintendent — Employed for less than two years — Notification of nonrenewal.

If the board of a school district elects not to renew the contract of a superintendent who has been employed by the board in that position for less than two years, the board shall provide written notice of the nonrenewal to the superintendent before May first. At the request of the superintendent, the board shall meet with the superintendent, in executive session, to convey the reasons for the nonrenewal.
No claim for libel or slander may be brought regarding any communication made at an executive session held in accordance with this section.

Source:

S.L. 2001, ch. 181, § 2; 2015, ch. 145, § 3, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 145, S.L. 2015 became effective August 1, 2015.

15.1-14-13. Multidistrict special education unit — Director — Evaluation.

Before December fifteenth of each year, the board of a multidistrict special education unit shall conduct a formative evaluation of the director’s performance.
Before March fifteenth of each year, the board shall conduct a formal evaluation of the director’s performance. The board shall place a copy of the evaluation report in the director’s file and shall provide a copy of the evaluation report to the director.
If the board finds the director’s performance to be unsatisfactory in any area, the board shall detail its findings regarding the director’s performance in the report and shall make recommendations.
Upon receiving the report, the director may provide a written response to the board. The board shall place the director’s written response in the director’s personnel file.
The board shall meet with the director to discuss the evaluation.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-14. Multidistrict special education unit — Director — Grounds for dismissal.

The board of a multidistrict special education unit may dismiss a director prior to the expiration of the individual’s contract for any of the following causes:

Immoral conduct.
Insubordination.
Conviction of a felony.
Conduct unbecoming the position of a director.
Failure to perform contracted duties without justification.
Gross inefficiency that the director has failed to correct after written notice.
Continuing physical or mental disability that renders the director unfit or unable to perform the director’s duties.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-15. Multidistrict special education unit — Director — Discharge for cause — Notice of hearing — Legal expenses.

If the board of a multidistrict special education unit intends to discharge a director for cause prior to the expiration of the director’s contract, the board shall:
1. Provide the director with a written description of the reasons for the discharge; and
2. Provide the director with written notice specifying the date and time at which the board will conduct a hearing regarding the discharge.
If the director chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the director.

Source:

S.L. 2001, ch. 181, § 2.

15.1-14-16. Multidistrict special education unit — Director — Discharge for cause — Hearing.

At the hearing, the director may produce evidence and witnesses to rebut any reasons given by the board of the multidistrict special education unit for its discharge of the director.
The hearing must be conducted in accordance with chapter 28-32.
All witnesses are subject to cross-examination.
Unless otherwise agreed to by the board and the director, the hearing must be conducted as an executive session of the board, except that:
1. The director may invite to the hearing any two representatives to speak on behalf of the director and may invite the director’s spouse or one other family member.
2. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the unit’s business manager.
If a continuance is requested by the director, the board shall grant a continuance for a period not in excess of seven days. The board may grant a continuance in excess of seven days upon a showing of good cause.
No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section.

On or before April fifteenth, the board of the multidistrict special education unit has not provided written notification to the director regarding a contemplated nonrenewal of the director’s contract; and
On or before June first, the director has not provided to the board a written resignation.

Immoral conduct.
Insubordination.
Conviction of a felony.
Conduct unbecoming the position of a director.
Failure to perform contracted duties without justification.
Gross inefficiency that the director has failed to correct after written notice.
Continuing physical or mental disability that renders the director unfit or unable to perform the director’s duties.

Source:

S.L. 2001, ch. 181, § 2; 2003, ch. 138, § 55.

15.1-14-25. Area career and technology center — Director — Discharge for cause — Notice of hearing — Legal expenses.

If the board of an area career and technology center intends to discharge a director for cause prior to the expiration of the director’s contract, the board shall:
1. Provide the director with a written description of the reasons for the discharge; and
2. Provide the director with written notice specifying the date and time at which the board will conduct a hearing regarding the discharge.
If the director chooses to be accompanied by an attorney, the legal expenses attributable to that representation are the responsibility of the director.

Source:

S.L. 2001, ch. 181, § 2; 2003, ch. 138, § 56.

15.1-14-26. Area career and technology center — Director — Discharge for cause — Hearing.

At the hearing, the director may produce evidence and witnesses to rebut any reasons given by the board of the area career and technology center for its discharge of the director.
The hearing must be conducted in accordance with chapter 28-32.
All witnesses are subject to cross-examination.
Unless otherwise agreed to by the board and the director, the hearing must be conducted as an executive session of the board, except that:
1. The director may invite to the hearing any two representatives to speak on behalf of the director and may invite the director’s spouse or one other family member.
2. The board may invite to the hearing any two representatives to speak on behalf of the board and may invite the center’s business manager.
If a continuance is requested by the director, the board shall grant a continuance for a period not in excess of seven days. The board may grant a continuance in excess of seven days upon a showing of good cause.
No cause of action for libel or slander may be brought regarding any communication made at an executive session held by the board for the purposes provided in this section.

On or before April fifteenth, the board of the center has not provided written notification to the director regarding a contemplated nonrenewal of the director’s contract; and
On or before June first, the director has not provided to the board a written resignation.

Source:

S.L. 2001, ch. 181, § 2; 2003, ch. 138, § 62.

15.1-14-32. Area career and technology center — Director — Employed for less than two years — Notification of nonrenewal.

If the board of an area career and technology center elects not to renew the contract of a director who has been employed by the board in that position for less than two years, the board shall provide written notice of the nonrenewal to the director before May first. At the request of the director, the board shall meet with the director to convey the reasons for the nonrenewal.

Source:

S.L. 2001, ch. 181, § 2; 2003, ch. 138, § 63.

CHAPTER 15.1-15 Contracts of Teachers and Administrators

15.1-15-01. Performance reviews — Written reports.

1. The school district shall conduct two performance reviews of each individual employed as a teacher, a principal, or as an assistant or associate superintendent during each of the first three years an individual holds such a position. The school district shall prepare written reports of the individual’s performance. The school district shall make the first yearly report available to the individual on or before December fifteenth. The school district shall make the second yearly report available to the individual on or before April fifteenth.
2. If an individual begins employment as a teacher, a principal, or as an assistant or associate superintendent after January first, the school district shall conduct one review of the individual’s performance. The school district shall make the written report available to the individual on or before April fifteenth.
Beginning with the fourth year of an individual’s employment as a teacher, a principal, or as an assistant or associate superintendent, the school district shall conduct at least one review of the individual’s performance each year. The school district shall prepare a written report of the individual’s performance and make the report available to the individual on or before April fifteenth.

Source:

S.L. 2001, ch. 181, § 3; 2017, ch. 137, § 1, eff August 1, 2017.

15.1-15-02. Probationary teachers — Review of evaluations — Renewal and nonrenewal of contracts.

If the board of a school district contemplates not renewing the contract of an individual employed as a probationary teacher, the board shall review the individual’s evaluations required by section 15.1-15-01 and meet with the individual in an executive session to discuss the reasons for the contemplated nonrenewal.
The individual employed as a probationary teacher may be accompanied by two representatives selected by the individual for the purpose of speaking on behalf of the individual and by the individual’s spouse or one other family member.
No claim for relief for libel or slander may be brought regarding any communication made at an executive session of a school board held pursuant to this section.
If the board of a school district elects not to renew the contract of an individual employed as a probationary teacher, the board shall provide written notification of the decision, together with a detailed description of the board’s reasons, to the individual no earlier than April fifteenth nor later than May first.
Failure by the board of a school district to provide the notification required by subsection 4 constitutes an offer to renew the individual’s contract on the same terms and conditions as the individual’s contract for the current year.
The board of a school district may waive probationary status for a teacher with at least two years of teaching experience in the state.
The board of a school district shall offer, as needed, based on the teacher’s evaluation, a teacher mentoring program for probationary teachers.
For purposes of this section, “probationary teacher” means an individual teaching for less than two years.

Source:

S.L. 2001, ch. 181, § 3; 2019, ch. 161, § 1, eff August 1, 2019.

DECISIONS UNDER PRIOR LAW

Attorney for School Board.

It was incumbent on a teacher undertaking to question the authority of the attorney representing the school board, in an action based on the teacher’s nonrenewal, to show to the court by affidavit, facts sufficient to raise a reasonable presumption that the attorney was acting in the case without authority from the school board; not until then would the attorney be required to show his authority. Retzlaff v. Grand Forks Pub. Sch. Dist., 424 N.W.2d 637, 1988 N.D. LEXIS 124 (N.D. 1988).

Cumulative Experience.

Although plaintiff was in his first year of teaching in the school district, it was not his first year of teaching in the profession; therefore, he was not classified as a first-year teacher and would have been entitled to the nonrenewal hearing rights accorded to experienced teachers under subsection (5) of former section 15-47-38 (see now N.D.C.C. § 15.1-15-06). Six v. Job Serv. N.D., 443 N.W.2d 911, 1989 N.D. LEXIS 146 (N.D. 1989).

Evidentiary Requirements.

This section, relating to nonrenewal of first-year teachers, does not require the production and introduction of evidence such as would be required in a judicial hearing or an administrative hearing, or even in a nonrenewal hearing for teachers who have taught more than one year. Retzlaff v. Grand Forks Pub. Sch. Dist., 424 N.W.2d 637, 1988 N.D. LEXIS 124 (N.D. 1988).

Procedural Requirements.

“Supervisory report” which indicated that a first-year teacher met with her supervisor and discussed the attainment of certain educational goals substantially complied with this section; substantial compliance with the procedural requirements for termination is sufficient if their purpose is fulfilled. Retzlaff v. Grand Forks Pub. Sch. Dist., 424 N.W.2d 637, 1988 N.D. LEXIS 124 (N.D. 1988).

Where alleged secret meetings of school board members occurred seven weeks after the nonrenewal vote had been taken at a regular, open meeting, neither the public nor the teacher whose contract was not renewed was prejudiced, particularly in light of the fact that had the teacher been entitled to a hearing, either the board or the teacher could have elected to have the hearing closed. Retzlaff v. Grand Forks Pub. Sch. Dist., 424 N.W.2d 637, 1988 N.D. LEXIS 124 (N.D. 1988).

Collateral References.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 A.L.R.4th 301.

15.1-15-03. Employment after January first — Review of evaluation — Renewal and nonrenewal of contracts. [Repealed]

Repealed by S.L. 2005, ch. 161, § 2.

15.1-15-04. Contracts — Renewals — Notice.

1. If the board of a school district elects not to renew the contract of a teacher, a principal, or an assistant or associate superintendent for the ensuing school year, the board shall provide written notification of the decision to the individual.
2. The board may not notify the individual under this section earlier than March first nor later than May first of the school year in which the individual has been employed.
3. The failure of a board to provide written notice under this subsection constitutes an offer to renew the individual’s contract for the ensuing school year, under the same terms and conditions as the individual’s current contract.
1. No earlier than March first nor later than May first, the board of a school district shall provide to each individual offered a contract renewal notification of the date by which the individual must accept or reject the contract.
2. At least fourteen calendar days must pass between the notification required by this subsection, and the date by which the individual must accept or reject the contract.
1. In order to accept an offer to renew a contract, including an offer generated by the failure of a board to provide written notice as required by subsection 1, an individual shall provide written notification of acceptance to the board on or before the date required by the board or May fifteenth, whichever is earlier. An individual accepting an offer to renew a contract is entitled to a written contract for the ensuing school year.
2. In order to reject an offer to renew a contract, including an offer generated by the failure of a board to provide written notice as required by subsection 1, an individual shall provide written notification of rejection to the board on or before the date required by the board or May fifteenth, whichever is earlier.
3. If an individual fails to provide notification of acceptance or rejection of an offer to renew a contract, the board is relieved of any continuing contract provisions.
1. If negotiations are being carried on pursuant to chapter 15.1-16, the provisions of this section requiring the board of a school district to give an individual notice and requiring that the individual respond to the notice are suspended until the negotiations are completed.
2. If negotiations do not begin as required by subsection 5 of section 15.1-16-13, the board of a school district may provide notification to each individual offered a contract renewal.

Source:

S.L. 2001, ch. 181, § 3; 2015, ch. 147, § 1, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 147, S.L. 2015 became effective August 1, 2015.

Notes to Decisions

Good Faith.

School teacher was not denied her right to a notice of nonrenewal under N.D.C.C. § 15.1-15-04(1), and a school district made a reasonable offer of reemployment in good faith. The teacher was offered a contract to teach within the district in a position for which she was qualified. Lynch v. New Pub. Sch. Dist. No. 8, 2012 ND 88, 816 N.W.2d 53, 2012 N.D. LEXIS 90 (N.D. 2012).

DECISIONS UNDER PRIOR LAW

Contract Negotiations.

The provisions of this section concerning renewal of teachers’ contracts are suspended during negotiations under former chapter 15-38.1 [see now N.D.C.C. ch. 15.1-16]. Enstad v. North Cent. of Barnes Pub. Sch. Dist., 268 N.W.2d 126, 1978 N.D. LEXIS 141 (N.D. 1978); Lefor Educ. Ass'n v. Lefor Pub. Sch. Dist., 285 N.W.2d 524, 1979 N.D. LEXIS 301 (N.D. 1979).

Creation of Contract.

Ambiguity as to what the school board offered and the expression of only an intent to accept by the teacher was insufficient to create a contractual obligation, either directly or by implication. Bottineau Pub. Sch. Dist. v. Currie, 259 N.W.2d 650, 1977 N.D. LEXIS 194 (N.D. 1977).

Mandamus Proper.

Where a teacher’s continuing contract, created by this section, was not legally terminated, a writ of mandamus would be available where factual circumstances permit. Feldhusen v. Beach Pub. Sch. Dist., 423 N.W.2d 155, 1988 N.D. LEXIS 121 (N.D. 1988).

15.1-15-05. Contracts — Contemplated nonrenewal — Reasons — Notice.

If the board of a school district contemplates not renewing the contract of an individual employed as a teacher, a principal, or as an associate or assistant superintendent, the board shall, no earlier than March first nor later than April fifteenth:
1. Provide written notification of the contemplated nonrenewal to the individual.
2. Schedule a hearing to be held on or before April twenty-first for the purpose of discussing and acting upon the contemplated nonrenewal.
3. Provide written notification of the date, time, and place for the hearing to the individual.
4. Provide written notification of the reasons for the contemplated nonrenewal to the individual.
The reasons for the contemplated nonrenewal of the individual’s contract must not be frivolous or arbitrary. The reasons must be sufficient to justify the contemplated nonrenewal and must:
1. Originate from specific findings documented in the report of the individual’s performance required by section 15.1-15-01 and relate to the individual’s ability, competence, or qualifications; or
2. Originate from the needs of the district in justifying a reduction in the staff.

Source:

S.L. 2001, ch. 181, § 3.

Notes to Decisions

Reduction In Salary.
Unemployment Compensation Benefits.

Reduction In Salary.

All of the cases in which the Supreme Court has held that a reduction in pay triggered the right to a nonrenewal hearing involved an actual reduction in the contract salary paid to the affected teacher or administrator. Lynch v. New Pub. Sch. Dist. No. 8, 2012 ND 88, 816 N.W.2d 53, 2012 N.D. LEXIS 90 (N.D. 2012).

Unemployment Compensation Benefits.

Disqualification of the employee, a teacher, from receiving unemployment benefits was appropriate because there was evidence that the employee disregarded the employer’s interest and deliberately violated the standards of behavior that the employer, a school district, had a right to expect from her. In this case, the school district’s reasons for non-renewal could constitute disqualifying misconduct for purposes of unemployment compensation benefits. Schmidt v. Job Serv. N.D., 2008 ND 188, 756 N.W.2d 794, 2008 N.D. LEXIS 186 (N.D. 2008).

DECISIONS UNDER PRIOR LAW

Burden of Proof in Wrongful Nonrenewal Action.

Teacher who brings an action against school board alleging wrongful nonrenewal of teaching contract has burden to prove that the nonrenewal was not accomplished in compliance with the requirements of former sections 15-47-27 and 15-47-38 (see now N.D.C.C. § 15.1-15-04 et seq.). Samuels v. White Shield Pub. Sch. Dist., 297 N.W.2d 421, 1980 N.D. LEXIS 287 (N.D. 1980).

Coaching Assignments.

School district was not required to follow nonrenewal procedures in removing coaching assignments from two teachers’ contracts for a new school year. Coles v. Glenburn Pub. Sch. Dist., 436 N.W.2d 262, 1989 N.D. LEXIS 44 (N.D. 1989).

College Instructors.

Since its amendment in 1971, this section does not apply to teachers and instructors employed by the state board of higher education. Sacchini v. Dickinson State College, 338 N.W.2d 81, 1983 N.D. LEXIS 369 (N.D. 1983).

Criteria Not Specified.

This section does not specify the criteria to be used in comparing teachers for a reduction in force, nor require the board to state its reasons for selecting one teacher over another in reducing staff for financial reasons. Kent v. Sawyer Pub. Sch. Dist. No. 16, 484 N.W.2d 287, 1992 N.D. LEXIS 107 (N.D. 1992).

Damages for Wrongful Nonrenewal.

Failure of teacher to seek equitable relief of reinstatement does not preclude teacher from bringing an action for damages for wrongful nonrenewal of teacher’s contract. Samuels v. White Shield Pub. Sch. Dist., 297 N.W.2d 421, 1980 N.D. LEXIS 287 (N.D. 1980).

Discretion of School Board.

School board’s decision not to renew a teacher’s contract is no longer a discretionary act, but is subject to the requirements of this section, including the requirements that the school board’s decision must not be frivolous or arbitrary, and the school board must be able to articulate a reason for nonrenewal which relates to the ability, competence, or qualifications of the teacher or to the needs of the district. Samuels v. White Shield Pub. Sch. Dist., 297 N.W.2d 421, 1980 N.D. LEXIS 287 (N.D. 1980).

Due Process.

Nontenure teacher did not have sufficient property interest in renewal of a teaching contract so as to be constitutionally entitled to an administrative due process hearing prior to nonrenewal of the contract for the ensuing year. Buhr v. Buffalo School Dist., 364 F. Supp. 1225, 1973 U.S. Dist. LEXIS 11434 (D.N.D. 1973), aff'd, 509 F.2d 1196, 1974 U.S. App. LEXIS 5407 (8th Cir. N.D. 1974).

Duties and Salary Adjustments.

Former section 15-29-08 gave the school board authority to assign a teacher new duties and classes for which she was qualified or to remove duties and classes without the necessity of following the procedure specified for nonrenewal of a teacher’s contract in former N.D.C.C. § 15-47-27 and N.D.C.C. § 15-47-38 (see now N.D.C.C. § 15.1-15-04 et seq.); however, when the adjustment of duties results in a severe reduction in salary for curricular activities the nonrenewal procedures must be followed. Quarles v. McKenzie Pub. Sch. Dist., 325 N.W.2d 662, 1982 N.D. LEXIS 334 (N.D. 1982).

Former section 15-29-08 gave the school board authority to assign a teacher new duties and classes for which she was qualified or to remove duties and classes without the necessity of following the procedure specified for nonrenewal of a teacher’s contract in N.D.C.C. § 15-47-27 and N.D.C.C. § 15-47-38; however, when the adjustment of duties results in a severe reduction in salary for curricular activities the nonrenewal procedures must be followed. Quarles v. McKenzie Pub. Sch. Dist., 325 N.W.2d 662, 1982 N.D. LEXIS 334 (N.D. 1982).

The one-seventh reduction in a teacher’s base teaching salary accompanying the loss of his position as athletic director was a “severe reduction in salary for curricular activities,” requiring that the nonrenewal procedures of this section and N.D.C.C. § 15-47-38 be followed. Coles v. Glenburn Pub. Sch. Dist., 436 N.W.2d 262, 1989 N.D. LEXIS 44 (N.D. 1989).

Exhaustion of Administrative Remedies.

Former teacher’s argument that he should be excused from the requirement to exhaust administrative remedies because to attend the school board’s hearing on his possible termination would have been futile, failed, because, despite the teacher’s assertion that he had already been fired by the school superintendent, teacher terminations can only be made by the school board and the teacher had not been terminated prior to the hearing (decided under former section 15-47-38). Schuck v. Montefiore Pub. Sch. Dist. No. 1, 2001 ND 93, 626 N.W.2d 698, 2001 N.D. LEXIS 103 (N.D. 2001).

Mandatory Retirement.

School board president’s letter telling teacher she had reached mandatory retirement age did not constitute proper notice of board’s contemplated nonrenewal of her teaching contract. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

Age is not an exception to this section, and school board cannot transcend the statutory protection afforded teachers by mere implementation of a mandatory retirement policy; letter from school board president telling teacher she had reached mandatory retirement age failed to meet requirements of this section, and this failure constituted statutory offer to renew teaching contract. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

Existence of mandatory retirement rule did not excuse school board from continuing contract requirements, absent a specific statute granting school boards the power to enact a mandatory retirement policy. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

Absent a specific statute granting school boards the power to enact a mandatory retirement policy, existence of mandatory retirement rule did not excuse school board from continuing-contract requirements. Selland v. Fargo Pub. Sch. Dist., 285 N.W.2d 567, 1979 N.D. LEXIS 314 (N.D. 1979).

Nonrenewal Decision Made in Violation of Open Meeting Law.

School board violated the open meeting law, N.D.C.C. § 44-04-19, where teacher evaluations were discussed at a closed secret meeting, for all intents and purposes the nonrenewal of the teacher’s contract was determined as a result of the closed meeting, and the decision to nonrenew made at a later public meeting was merely a pro forma ratification of the significant discussions had at the closed meeting; proper remedy for such violation was to permit the school board to again go through the entire required nonrenewal procedures according to a time schedule set up by the court where the time requirements of the nonrenewal statutes could not be met. Danroth v. Mandaree Pub. Sch. Dist., 320 N.W.2d 780, 1982 N.D. LEXIS 310 (N.D. 1982).

Notice Requirements.

Under former section 15-47-38 [see now this section], a school board must give timely notice in writing that it contemplates not renewing the contract of a teacher and a letter expressing a final decision not to renew is not sufficient. Henley v. Fingal Pub. Sch. Dist., 219 N.W.2d 106, 1974 N.D. LEXIS 210 (N.D. 1974).

Under this section, a school board must give timely notice in writing that it contemplates not renewing the contract of a teacher and a letter expressing a final decision not to renew is not sufficient. Henley v. Fingal Pub. Sch. Dist., 219 N.W.2d 106, 1974 N.D. LEXIS 210 (N.D. 1974).

Letter notifying teacher that the school board did not intend to renew her contract under this section, but not advising her of her right to a meeting with the board prior to its final decision, does not meet the requirements of former section 15-47-38 [see now this section]. Pollock v. McKenzie County Pub. Sch. Dist., 221 N.W.2d 521, 1974 N.D. LEXIS 181 (N.D. 1974).

Letter notifying teacher that the school board did not intend to renew her contract under former section 15-47-27, but not advising her of her right to a meeting with the board prior to its final decision, does not meet the requirements of this section, formerly section 15-47-38. Pollock v. McKenzie County Pub. Sch. Dist., 221 N.W.2d 521, 1974 N.D. LEXIS 181 (N.D. 1974).

Where contract negotiations conducted pursuant to N.D.C.C. ch. 15-38.1 are carried on beyond April 15 without the school board giving teacher notice of intent not to renew contract or of a date upon which teacher must accept employment, teacher is not required to give notice of acceptance of the statutory offer on or before May 15, but is entitled to not less than thirty days after having been informed by the board of a date upon which teacher must accept or reject proffered employment in which to accept. Enstad v. North Cent. of Barnes Pub. Sch. Dist., 268 N.W.2d 126, 1978 N.D. LEXIS 141 (N.D. 1978).

There arose a statutory offer to renew school superintendent’s contract upon same terms and conditions as his current contract where school board failed to give superintendent written notification of its decision not to renew contract within statutory time limit for such notification; however, superintendent had no contractual right to reemployment, and school board was relieved of continuing contract provisions of former sections 15-47-26 to 15-47-28 (now N.D.C.C. § 156.1-15-04), where superintendent failed to give required notice of acceptance of statutory offer within statutory time limit for such notice of acceptance and there were no contract negotiations occurring between superintendent and school board. Bakke v. St. Thomas Pub. Sch. Dist., 359 N.W.2d 117, 1984 N.D. LEXIS 447 (N.D. 1984).

Offer to Renew Contract on Same Terms and Conditions.

When school board fails to give teacher timely notice of nonrenewal of contract and teacher is thereby entitled to a contract offer on the same terms and conditions as the current contract, school board is not required to offer a contract identical to the current contract, but may make a contract offer with reasonable changes of assignments. Enstad v. North Cent. of Barnes Pub. Sch. Dist., 268 N.W.2d 126, 1978 N.D. LEXIS 141 (N.D. 1978).

Reason for Nonrenewal.

School board has burden to articulate a reason for nonrenewal of teacher’s contract and to relate that reason to teaching competence or needs of the district. Dathe v. Wildrose Sch. Dist., 217 N.W.2d 781, 1974 N.D. LEXIS 233 (N.D. 1974).

Where high school mathematics teacher with favorable record and seven years’ experience in the system was denied contract renewal for the stated reason that he violated a system rule by leaving his class unattended for twenty minutes on one occasion while he went home to clear his sidewalk of an overnight accumulation of snow, and it appeared that one or two members of the board who voted not to renew acted on the recommendation of the school administration rather than deciding upon the merits of the case, the alleged cause was insufficient to justify dismissal, indicated that the board did not seriously consider the impact of nonrenewal on the teacher’s reputation and acted unduly harshly, and trial court’s finding of abuse of discretion was warranted. Baker v. Minot Pub. Sch. Dist., 253 N.W.2d 444, 1977 N.D. LEXIS 272 (N.D. 1977).

The school board, after having given the teacher written notice of its reasons for the contemplated nonrenewal of the teacher’s contract, may not, at the hearing with the teacher, articulate new or additional reasons for its action nor may the board, in determining to not renew a teacher’s contract, rely upon reasons not contained in the notice to the teacher and explained, at the hearing. Dobervich v. Central Cass Pub. Sch. Dist., 302 N.W.2d 745, 1981 N.D. LEXIS 236 (N.D. 1981).

Where reasons given for nonrenewal of teacher’s contract consisted of poor motivation of the low academic achiever, substandard student project work, and student attitude showing reluctance rather than cooperation in the learning process, such reasons were not frivolous or arbitrary and were sufficient to justify the nonrenewal. Dobervich v. Central Cass Pub. Sch. Dist., 302 N.W.2d 745, 1981 N.D. LEXIS 236 (N.D. 1981).

This section does not require school board to articulate its reasons for selecting for nonrenewal one teacher over another when the stated reason for nonrenewal is reduction in the teaching staff due to school system’s financial difficulty. Reed v. Edgeley Pub. Sch. Dist., 313 N.W.2d 775, 1981 N.D. LEXIS 351 (N.D. 1981).

Teachers’ contracts can be nonrenewed for a lack of qualifications. Feldhusen v. Beach Pub. Sch. Dist., 423 N.W.2d 155, 1988 N.D. LEXIS 121 (N.D. 1988).

Policy requiring teachers to acquire a certain number of college credits in a five-year period became part of a professional-negotiations agreement between the school board and the teachers; therefore, where teacher failed to fulfill these requirements nonrenewal under this section was justified. Feldhusen v. Beach Pub. Sch. Dist., 423 N.W.2d 155, 1988 N.D. LEXIS 121 (N.D. 1988).

Failure of a Specific Learning Disabilities (SLD) teacher to acquire the required SLD credential was a proper ground for nonrenewal. Bradley v. Beach Pub. Sch. Dist., 427 N.W.2d 352, 1988 N.D. LEXIS 190 (N.D. 1988).

The reasons for nonrenewal of contract listed in the nonrenewal notice must be drawn from findings arising from the written evaluation of the teacher. Hoffner v. Bismarck Pub. Sch. Dist., 1999 ND 3, 589 N.W.2d 195, 1999 N.D. LEXIS 13 (N.D. 1999).

Reduction in Force Policy.

A reduction in force policy which contemplates a consideration of the qualifications of the various teachers in the system, imposes an additional contractual obligation upon the school district in reaching its decision not to renew a particular teacher; since it increases the minimal protection provided to the teachers, reduction in force policy is not inconsistent with the intent of this section to benefit teachers and is to be given the same effect as other contractual provisions. Law v. Mandan Pub. Sch. Dist., 411 N.W.2d 375, 1987 N.D. LEXIS 384 (N.D. 1987).

Reduction in force policy is part of the contract between a district and its teachers, and trial court should have determined whether a district met its contractual obligations under that policy before granting summary judgment against teacher claiming wrongful nonrenewal and a violation of the policy. Borr v. McKenzie County Pub. Sch. Dist. No. 1, 541 N.W.2d 681, 1995 N.D. LEXIS 232 (N.D. 1995).

Declining enrollment is a proper reason for nonrenewal. Borr v. McKenzie County Pub. Sch. Dist. No. 1, 541 N.W.2d 681, 1995 N.D. LEXIS 232 (N.D. 1995).

Remedies of Teacher.

This section does not provide teacher any remedy under either contract or tort principles nor does it entitle him to a jury trial as a matter of right in an action against school board upon nonrenewal of his teaching contract to require board to issue him a new contract, or in the alternative, award him damages. Dobervich v. Central Cass Pub. Sch. Dist., 283 N.W.2d 187, 1979 N.D. LEXIS 294 (N.D. 1979).

This section does not provide any remedy under either contract or tort principles nor does it provide a jury trial as a matter of right in an action for nonrenewal of a teaching contract. Dobervich v. Central Cass Pub. Sch. Dist., 283 N.W.2d 187, 1979 N.D. LEXIS 294 (N.D. 1979).

“Severe Reduction.”

The one-seventh reduction in a teacher’s base teaching salary accompanying the loss of his position as athletic director was a “severe reduction in salary for curricular activities,” requiring that the nonrenewal procedures of former section 15-47-27 and 15-47-38 (now N.D.C.C. § 15.1-15-04 and N.D.C.C. § 15.1-15-05) be followed. Coles v. Glenburn Pub. Sch. Dist., 436 N.W.2d 262, 1989 N.D. LEXIS 44 (N.D. 1989).

Counselor’s four percent salary reduction was a “severe reduction” which required the Board to comply with the nonrenewal provisions of this section. While the seven percent cut in state funding faced by the Board may have been a reasonable and primary factor for reducing the counselor’s contract, that consideration required substantiation at a nonrenewal hearing. Wenman v. Center Bd. of Valley City Multi-District Vocational Ctr., 471 N.W.2d 461, 1991 N.D. LEXIS 111 (N.D. 1991).

Superintendents.

Superintendents of schools are included within the definition of “teacher” for purposes of this section, and are entitled to the procedure and protections provided herein. Storbeck v. Oriska Sch. Dist., 277 N.W.2d 130, 1979 N.D. LEXIS 206 (N.D. 1979).

Superintendent of school who also taught one class in his district was primarily a superintendent and not within the definition of “teacher” for purposes of this section nor entitled to the procedure and protections provided herein. Storbeck v. Oriska Sch. Dist., 277 N.W.2d 130, 1979 N.D. LEXIS 206 (N.D. 1979).

Superintendents of schools are not included within the definition of “teacher”for purposes of this section, and are not entitled to the procedure and protections provided herein. Storbeck v. Oriska Sch. Dist., 277 N.W.2d 130, 1979 N.D. LEXIS 206 (N.D. 1979).

This section does not apply to school superintendents. Cunningham v. Yellowstone Pub. Sch. Dist., 357 N.W.2d 483, 1984 N.D. LEXIS 424 (N.D. 1984).

Waiver of Hearing.

Former teacher waived his rights to a termination hearing by failing to request one, not by resigning his position (decided under former section 15-47-38). Schuck v. Montefiore Pub. Sch. Dist. No. 1, 2001 ND 93, 626 N.W.2d 698, 2001 N.D. LEXIS 103 (N.D. 2001).

Collateral References.

Elements and measure of damages in action by schoolteachers for wrongful discharge, 22 A.L.R.3d 1047.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 A.L.R.4th 301.

Validity, construction, and effect of municipal residency requirements for teachers, principals, and other school employees, 75 A.L.R.4th 272.

15.1-15-05.1. Principal — Employed for less than two years — Notification of nonrenewal.

If the board of a school district elects not to renew the contract of a principal, an assistant superintendent, or an associate superintendent, who has been employed by the board in that position for less than two years, the board shall provide written notice of the nonrenewal to the individual before May first. At the request of the individual, the board shall meet with the individual, in executive session, to convey the reasons for the nonrenewal.
No claim for libel or slander may be brought regarding any communication made at an executive session held in accordance with this section.

History. S.L. 2015, ch. 145, § 4, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

15.1-15-06. Contracts — Contemplated nonrenewal — Hearing.

At the hearing required by section 15.1-15-05, the school district superintendent or a designee of the board shall present testimony or documentary evidence regarding the reasons for the contemplated nonrenewal of the individual’s contract.
The board of the school district contemplating the nonrenewal of an individual’s contract may call additional witnesses to present testimony or documentary evidence regarding the reasons for nonrenewal.
The individual whose contract is subject to nonrenewal may call witnesses and produce evidence necessary to refute the reasons for the nonrenewal.
Each witness appearing on behalf of the board of the school district or the individual whose contract is subject to nonrenewal may be questioned for the purpose of clarification.
The board of the school district shall review all testimony and evidence presented at the hearing and make a determination regarding the nonrenewal. If the board determines that the reasons for nonrenewal have not been substantiated, the board shall dismiss the nonrenewal proceedings.
Unless otherwise agreed to by the board of the school district and the individual subject to the nonrenewal, the hearing must be conducted as an executive session of the board, except that:
1. The individual may invite to the hearing any two representatives, and the individual’s spouse or one other family member; and
2. The board may invite to the hearing any two representatives, the school district business manager, and the school district superintendent.
The individual subject to the nonrenewal may request one continuance. If a continuance is requested, the board of the school district shall grant a continuance not in excess of seven days.
No cause of action for libel or slander may be brought regarding any communication made in an executive session of the board held for the purposes provided in this section.
A determination by the board of a school district not to renew an individual’s contract is, if made in good faith, final and binding on all parties.
If the board of a school district elects not to renew an individual’s contract, the board shall provide notice of its determination to the individual in writing on or before May first.

Source:

S.L. 2001, ch. 181, § 3.

Cross-References.

Teacher contracts, renewal, see N.D.C.C. § 15.1-15-04.

DECISIONS UNDER PRIOR LAW

Analysis

Actions of Board Taken with Consideration, Dignity, Basic Fairness and Decency.
Appeal of School Board Decisions.
Board’s Confirmation of Reasons for Nonrenewal.
Burden of Proof.
Continuance.
Cumulative Experience.
Due Process.
Effect of 1975 Amendment.
Evidence at Hearing.
Failure to Provide Written Evaluation.
Meeting of Board.
No Exception to Open-Records Law.
Nonrenewal Decision Made in Violation of Open Meeting Law.
Principals.
Representation of Teacher at Meeting Held in Executive Session.
Review by Trial Court.

Actions of Board Taken with Consideration, Dignity, Basic Fairness and Decency.

The duration of a nonrenewal hearing, lasting almost twelve hours with recesses and a supper break, did not offend this section’s requirement that “all actions of the board be taken with consideration and dignity, giving maximum consideration to basic fairness and decency” where the teacher involved, upon advice of counsel, agreed to continue the hearing and did not request a continuance. Rolland v. Grand Forks Pub. Sch. Dist., 279 N.W.2d 889, 1979 N.D. LEXIS 255 (N.D. 1979).

The inclusion of a teacher’s spouse and attorney in the number of representatives that a teacher may have present at a nonrenewal hearing held in executive session does not offend the requirement of this section that “all actions of the board be taken with consideration and dignity, giving maximum consideration to basic fairness and decency”. Rolland v. Grand Forks Pub. Sch. Dist., 279 N.W.2d 889, 1979 N.D. LEXIS 255 (N.D. 1979).

Where school board notified three teachers of contemplated nonrenewal of their contracts, this section’s requirement of fairness and decency did not require school board to hold a joint meeting with the three teachers to explain the criteria which was going to be used in board’s decision to nonrenew; did not require that each teacher be informed of what was said or discussed at other teachers’ nonrenewal hearings; and was not violated where board decided to retain two of the teachers before the third teacher’s hearing but had an option to reopen the hearings on the two teachers when the third teacher’s hearing was held. Reed v. Edgeley Pub. Sch. Dist., 313 N.W.2d 775, 1981 N.D. LEXIS 351 (N.D. 1981).

Appeal of School Board Decisions.

School board decisions have not been made appealable by this section. Dobervich v. Central Cass Pub. Sch. Dist., 283 N.W.2d 187, 1979 N.D. LEXIS 294 (N.D. 1979).

Board’s Confirmation of Reasons for Nonrenewal.

The requirement that the board shall confirm its reasons for the contemplated nonrenewal of the contract does not place an evidentiary burden of proof upon the board to sustain the charges, but merely requires the board to vote to nonrenew the contract for reasons stated in the notice of contemplated nonrenewal; thus, confirming the action by which it decided to send the notice of contemplated nonrenewal of the contract. Rolland v. Grand Forks Pub. Sch. Dist., 279 N.W.2d 889, 1979 N.D. LEXIS 255 (N.D. 1979).

Burden of Proof.

This section does not place an evidentiary burden of proof upon the school board to sustain the charges, but requires the board merely to explain and discuss its reasons for nonrenewal and confirm them. Rolland v. Grand Forks Pub. Sch. Dist., 279 N.W.2d 889, 1979 N.D. LEXIS 255 (N.D. 1979).

Teacher who brings an action against school board alleging wrongful nonrenewal of teaching contract has burden to prove that the nonrenewal was not accomplished in compliance with the requirements of former sections 15-47-27 and 15-47-38 (now N.D.C.C. § 15.1-15-04 et seq.). Samuels v. White Shield Pub. Sch. Dist., 297 N.W.2d 421, 1980 N.D. LEXIS 287 (N.D. 1980).

Continuance.

Teacher is entitled to request and receive a continuance at any time during the meeting for nonrenewal without showing any cause therefor. Quarles v. McKenzie Pub. Sch. Dist., 325 N.W.2d 662, 1982 N.D. LEXIS 334 (N.D. 1982).

Cumulative Experience.

Although plaintiff was in his first year of teaching in the school district, it was not his first year of teaching in the profession; therefore, he was not classified as a first-year teacher and would have been entitled to the nonrenewal hearing rights accorded to experienced teachers under subsection (5) of former section 15-47-38 [see now this section]. Six v. Job Serv. N.D., 443 N.W.2d 911, 1989 N.D. LEXIS 146 (N.D. 1989).

Due Process.

Whether or not subsection (5) of this section [see now this section and N.D.C.C. § 15.1-15-05] required school board and school principal to produce witnesses to substantiate charges against teacher whose contract was not renewed, teacher was provided all the process due her under the Fourteenth Amendment, where she received notice of the contemplated nonrenewal and an explanation of the charges against her, and had an opportunity to respond to the charges at nonrenewal hearing. Flath v. Garrison Pub. Sch. Dist. No. 51, 82 F.3d 244, 1996 U.S. App. LEXIS 9646 (8th Cir. N.D. 1996).

Effect of 1975 Amendment.

The 1975 amendment to former section 15-47-38 did not merely codify the result of Dathe v. Wildrose Sch. Dist., 217 N.W.2d 781 (N.D. 1974); rather, in subsection 1 it changed the formerly precatory admonition to school boards to consider the professional stature and reputation of teachers into a mandatory requirement; and in subsection 5 [see now N.D.C.C. § 15.1-15-05 and this section] it added requirements that the reasons for nonrenewal of a teacher’s contract be set out in writing; that such reasons not be frivolous or arbitrary, be related to the teacher’s professional ability, competence or qualifications, and be sufficient to justify the contemplated action of the board; and that the board furnish an explanation and discuss with the teacher its reasons for nonrenewal. Baker v. Minot Pub. Sch. Dist., 253 N.W.2d 444, 1977 N.D. LEXIS 272 (N.D. 1977).

Evidence at Hearing.

Teacher was not denied his statutory rights by board’s reliance upon the teacher’s evaluations from prior years in deciding not to renew teacher’s contract where, although no notice was given the teacher that such evaluations would be relied upon, the teacher and some board members discussed the evaluations at the hearing. Dobervich v. Central Cass Pub. Sch. Dist., 302 N.W.2d 745, 1981 N.D. LEXIS 236 (N.D. 1981).

Failure to Provide Written Evaluation.

When nonrenewal action is taken on grounds relating to the ability, competence or qualifications of a teacher, written evaluations are essential; however, where the contemplated nonrenewal did not involve a question of ability, but was related solely to other necessities of the school district such as lack of enrollment, elimination of position and lack of funds, competency as a teacher was not in issue, and failure to reduce the second evaluation to writing by a certain date was harmless error. Law v. Mandan Pub. Sch. Dist., 411 N.W.2d 375, 1987 N.D. LEXIS 384 (N.D. 1987).

Meeting of Board.

Rights of teachers facing nonrenewal of their contracts to have hearing in executive session of school board was not infringed by presence of superintendent at hearings. Dathe v. Wildrose Sch. Dist., 217 N.W.2d 781, 1974 N.D. LEXIS 233 (N.D. 1974).

Teacher who was given hearing before school board, furnished with reasons relating to teaching competence and functions for nonrenewal of contract, and allowed a minimal discussion of reasons was afforded rights provided by this section, despite contention that teacher was entitled to more than a formal compliance with procedures and fact that discussion came down to an acceptance of superintendent’s judgment. Dathe v. Wildrose Sch. Dist., 217 N.W.2d 781, 1974 N.D. LEXIS 233 (N.D. 1974).

No Exception to Open-Records Law.

For an exception to the open-records law to exist, it must be specific, i.e., the legislature must directly address the status of the record in question; therefore, the contention that an exception to the open-records law for teacher personnel files should be implied from this section must fail. Hovet v. Hebron Pub. Sch. Dist., 419 N.W.2d 189, 1988 N.D. LEXIS 21 (N.D. 1988).

Nonrenewal Decision Made in Violation of Open Meeting Law.

Principals.

Procedures and protections of this section are applicable to termination of a school principal’s contract. Cunningham v. Yellowstone Pub. Sch. Dist., 357 N.W.2d 483, 1984 N.D. LEXIS 424 (N.D. 1984).

Previous poor evaluations indicating principal had unsatisfactory working relationships with the staff he supervised were sufficient to support nonrenewal of principal’s contract even though his most recent evaluation was generally favorable. Hoffner v. Bismarck Pub. Sch. Dist., 1999 ND 3, 589 N.W.2d 195, 1999 N.D. LEXIS 13 (N.D. 1999).

Representation of Teacher at Meeting Held in Executive Session.

The spouse and attorney of a teacher are to be included in the number of representatives that a teacher may have present at a nonrenewal hearing held in executive session. Rolland v. Grand Forks Pub. Sch. Dist., 279 N.W.2d 889, 1979 N.D. LEXIS 255 (N.D. 1979).

Review by Trial Court.

Except for procedural matters, the trial court’s review of the school board’s reasons given for nonrenewal of the teacher’s contract and the evidence submitted at the hearing pertaining thereto is limited to determining if the reasons given are in accordance with the statutory provisions of this section and, if such reasons are legally sufficient to meet such provisions, whether or not under the facts of the case the school board has abused its discretion in reaching its decision. Dobervich v. Central Cass Pub. Sch. Dist., 302 N.W.2d 745, 1981 N.D. LEXIS 236 (N.D. 1981).

15.1-15-07. Discharge for cause — Grounds.

The board of a school district may dismiss an individual employed as a teacher, a principal, or as an assistant or associate superintendent prior to the expiration of the individual’s contract for any of the following causes:

Immoral conduct.
Insubordination.
Conviction of a felony.
Conduct unbecoming the position held by the individual.
Failure to perform contracted duties without justification.
Gross inefficiency that the individual has failed to correct after written notice.
Continuing physical or mental disability that renders the individual unfit or unable to perform the individual’s duties.

Source:

S.L. 2001, ch. 181, § 3.

DECISIONS UNDER PRIOR LAW

Analysis

Discharge for Failure to Meet Academic Qualifications.
Discharge for Failure to Perform Contracted Duties.

Discharge for Failure to Meet Academic Qualifications.

A teacher whose contract was not renewed for failure to meet academic qualifications within a specified time was not entitled, by an ambiguous contract clause, to an additional grace period for meeting the standards. Feldhusen v. Beach Pub. Sch. Dist., 423 N.W.2d 155, 1988 N.D. LEXIS 121 (N.D. 1988).

Discharge for Failure to Perform Contracted Duties.

Evidence that principal was unable to work together with teachers in providing an appropriate educational climate supported school board’s decision that principal had failed without justifiable cause to perform his contractual duties and established cause for discharge pursuant to subsection 3(c). Cunningham v. Yellowstone Pub. Sch. Dist., 357 N.W.2d 483, 1984 N.D. LEXIS 424 (N.D. 1984).

There is no obligation to give an individual prior notice that he or she is not performing his or her contractual duties before giving that individual notice of discharge for failure without justifiable cause to perform contractual duties. Cunningham v. Yellowstone Pub. Sch. Dist., 357 N.W.2d 483, 1984 N.D. LEXIS 424 (N.D. 1984).

15.1-15-08. Discharge for cause — Hearing.

If the board of a school district contemplates the discharge for cause of an individual employed as a teacher, a principal, or as an assistant or associate superintendent before the expiration of the individual’s contract, the board shall petition the director of the office of administrative hearings for appointment of an administrative law judge to preside over the hearing. The administrative law judge shall set the time and place of the hearing, direct the board to publish notice of the hearing, and direct the board to provide to the individual a list of charges at least five days before the hearing.
Except as otherwise provided in this section, the hearing must be conducted in accordance with chapter 28-32.
Unless otherwise agreed to by the board and the individual, the administrative law judge shall close the hearing, except for the parties, their legal representatives, witnesses, three invitees requested by the individual, and three invitees requested by the board.
The individual subject to the discharge may request one continuance. If a continuance is requested, the administrative law judge shall grant the continuance not in excess of seven days. Upon a showing of good cause by the individual, the administrative law judge may grant a continuance in excess of seven days.
No cause of action for libel or slander may be brought regarding any communication made in an executive session of the board held for the purposes provided in this section.
At the conclusion of the hearing, the administrative law judge shall provide all evidence presented at the hearing to the board in order that the board may make a determination regarding the discharge.
A determination of the board under this section may be appealed to the district court.
All costs of the services provided by the administrative law judge, including reimbursement for expenses, are the responsibility of the board.

Source:

S.L. 2001, ch. 181, § 3; 2009, ch. 172, § 1.

Cross-References.

Teacher licensure, see N.D.C.C. ch. 15.1-13.

Decisions Under Prior Law

Burden of Proof.

Evidence at Hearing.

Right to Fair Hearing.

Burden of Proof.

At hearing to dismiss teacher for cause, the witnesses whom the school board is statutorily required to call to sustain its charges against the teacher are not required to be eyewitnesses to the actions which resulted in the charges. Lithun v. Grand Forks Pub. Sch. Dist., 307 N.W.2d 545, 1981 N.D. LEXIS 321 (N.D. 1981).

Evidence at Hearing.

At hearing to dismiss teacher due to his failure to conform to school board’s policy on disciplining students, school board was not limited to considering the latest incident, the slapping of a student in the face, but could consider past events of a similar nature to establish a pattern of teacher’s conduct and to show that teacher was put on notice of his expected conduct in disciplining students. Lithun v. Grand Forks Pub. Sch. Dist., 307 N.W.2d 545, 1981 N.D. LEXIS 321 (N.D. 1981).

Where a teacher claimed he did not receive a fair discharge hearing, even if a school board member’s ex parte communication with a student’s parent violated N.D.C.C. § 28-32-37 and did not fall within “general interest” communication contemplated under N.D.C.C. § 28-32-37(9), the teacher did not show prejudice from the violation, as the outcome of his hearing would not have been different had the violation not occurred. Kilber v. Grand Forks Pub. Sch. Dist., 2012 ND 157, 820 N.W.2d 96, 2012 N.D. LEXIS 163 (N.D. 2012).

Right to Fair Hearing.

As a discharged teacher failed to establish that he suffered harm or was prejudiced as a result of the procedural errors that occurred during the discharge hearing and because, under either N.D.C.C. ch. 28-32 or N.D.C.C. ch. 28-34, his discharge was supported by the record, he was not denied a fair hearing. Kilber v. Grand Forks Pub. Sch. Dist., 2012 ND 157, 820 N.W.2d 96, 2012 N.D. LEXIS 163 (N.D. 2012).

15.1-15-09. Alleged child abuse — Discharge — Nonrenewal of contract — Limitations.

The board of a school district may not discharge or refuse to renew the contract of a teacher, a principal, or an assistant or associate superintendent solely because a report of suspected child abuse or neglect under section 50-25.1-05 alleges participation by the individual.
If a report of suspected child abuse or neglect under section 50-25.1-05 alleges participation by a teacher, a principal, or an assistant or associate superintendent, the individual may be suspended pending the outcome of the case by:
1. The board of the employing school district;
2. The superintendent of the employing school district, if authorized in accordance with subdivision b of subsection 22 of section 15.1-09-33; or
3. An individual charged with administering the district, if authorized in accordance with subdivision c of subsection 22 of section 15.1-09-33.

Source:

S.L. 2001, ch. 181, § 3; 2015, ch. 143, § 2, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 143, S.L. 2015 became effective August 1, 2015.

15.1-15-10. Suspension during discharge proceeding — Compensation.

The board of a school district may suspend an individual employed as a teacher, a principal, or as an assistant or associate superintendent if, by unanimous vote, the board determines that suspension is appropriate during the period in which a discharge for cause is pursued.
The board shall address the matter of the individual’s suspension in an executive session, unless both the board and the individual agree that the matter may be addressed in the presence of others or at an open meeting of the board.
If the individual is ultimately discharged for cause, the board may determine the amount of compensation, if any, payable to the individual during the period of suspension. If the individual is ultimately not discharged, the board may not apply any reduction to the individual’s salary for the period of suspension.

Source:

S.L. 2001, ch. 181, § 3.

15.1-15-11. Discharge for cause — Report to education standards and practices board.

If the board of a school district discharges for cause an individual employed as a teacher, a principal, or as an assistant or associate superintendent, the board shall report the discharge to the education standards and practices board.

Source:

S.L. 2001, ch. 181, § 3.

15.1-15-12. Nonapplicable provisions.

This chapter does not apply to:

Any individual employed to teach at an institution of higher education under the control of the state board of higher education;
Any individual employed to teach at the youth correctional center, North Dakota vision services — school for the blind, or the school for the deaf;
Any individual who replaces a teacher, a principal, or an assistant or associate superintendent while that teacher, principal, or assistant or associate superintendent is on a leave of absence or a sabbatical; and
Any individual employed by a school district as a teacher, a principal, an assistant superintendent, or an associate superintendent, provided the individual’s term of employment begins on or after January first and does not extend beyond June thirtieth of the same school year.

Source:

S.L. 2001, ch. 181, § 3; S.L. 2005, ch. 161, § 1.

CHAPTER 15.1-16 Teacher Representation and Negotiation

15.1-16-01. Definitions.

As used in this chapter:

“Administrator” means an individual who is employed by the board of a public school district primarily for administration of a school or schools of the district and who devotes at least fifty percent of the individual’s time in any one year to the duties of administration of the school or schools of the district.
“Negotiating unit” means:
1. A group of administrators having common interests, common problems, a common employer, or a history of common representation, which warrants that group being represented by a single representative organization in negotiations with the board of a school district; or
2. A group of teachers having common interests, common problems, a common employer, or a history of common representation, which warrants that group being represented by a single representative organization in negotiations with the board of a school district.
“Representative organization” means an organization authorized by a negotiating unit to represent the members of the unit in negotiations with a school board.
“Strike” means any concerted work stoppage, slowdown, or withholding of contracted services.
“Teacher” means a public school employee licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board and employed primarily as a classroom teacher.

Source:

S.L. 2001, ch. 181, § 4.

DECISIONS UNDER PRIOR LAW

In General.

Former chapter, 15-38.1, was not a collective bargaining statute within the terms of the Labor Management Relations Act and determinations of the National Labor Relations Board. Fargo Educ. Ass'n v. Fargo Pub. Sch. Dist., 291 N.W.2d 267, 1980 N.D. LEXIS 193 (N.D. 1980).

Application to County Special Education Boards.

County special education boards, created pursuant to former chapter 15-59.1 (see now N.D.C.C. ch. 15-59.2), are subject to the provisions of this chapter regarding teachers’ representation and negotiation. Barnes County Educ. Ass'n v. Barnes County Special Educ., 276 N.W.2d 247, 1979 N.D. LEXIS 193 (N.D. 1979).

Grievance and Complaint Procedure as Remedy.

Provisions of this chapter should not be disregarded whenever a contract provides a grievance and complaint procedure, but the proper remedy of teachers concerning a new hall monitoring policy was to proceed under such grievance and complaint procedure. Grand Forks Educ. Ass'n v. Grand Forks Pub. Sch. Dist., 285 N.W.2d 578, 1979 N.D. LEXIS 318 (N.D. 1979).

“Negotiating Unit.”

A teacher who is employed as the only certificated teacher-employee of a school district constitutes an “appropriate negotiating unit” under former version of this section, and is entitled to negotiate with the school board of the school district of the provisions of N.D.C.C. ch. 15-38.1; such teacher may negotiate through a chosen representative organization as provided under N.D.C.C. ch.15-38.1 or may negotiate through self-representation under the teacher’s own name or under other title, providing that the school district is not wrongfully misled. Loney v. Grass Lake Pub. Sch. Dist., 322 N.W.2d 470, 1982 N.D. LEXIS 370 (N.D. 1982).

Collateral References.

Validity and construction of statutes or ordinances providing for arbitration of labor disputes involving public employees, 68 A.L.R.3d 885.

15.1-16-02. Education factfinding commission — Appointment — Terms — Quorum.

The education factfinding commission consists of three members experienced in educational activities. One member is appointed by the governor, one member is appointed by the superintendent of public instruction, and one member is appointed by the attorney general. The member appointed by the superintendent of public instruction shall serve as the chairman of the commission.
The term of each commission member is three years staggered.
If a vacancy occurs, the individual who appointed the member to be succeeded shall appoint a new member to serve only the unexpired term of the member to be succeeded.
Two members of the commission constitute a quorum.

Source:

S.L. 2001, ch. 181, § 4.

Notes to Decisions

Impasse Resolution.

It was no abuse of discretion to require a school district to offer a teacher's association a contract for one year, under the district's authority to unilaterally issue a last-offer contract on reaching an impasse, because limiting a this authority to a single school year then under negotiation was consistent with the purpose of letting a school district bring good-faith negotiations for an ensuing school year to an end to permit schools to operate. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 2014 ND 157, 849 N.W.2d 615, 2014 N.D. LEXIS 150 (N.D. 2014).

15.1-16-03. Education factfinding commission — Compensation.

Each member of the commission is entitled to receive compensation at the rate set for a member of the legislative assembly under subsection 1 of section 54-03-20 and reimbursement for expenses, as provided by law for state officers, for attending commission meetings or performing duties directed by the commission.

Source:

S.L. 2001, ch. 181, § 4; 2001, ch. 185, § 2; 2005, ch. 162, § 1; 2011, ch. 138, § 1; 2015, ch. 146, § 1, eff August 1, 2015.

Effective Date.

S.L. 2001, ch. 181, § 4.

Cross-References.

Right to work not to be abridged by union membership or nonmembership, see N.D.C.C. § 34-01-14.

Collateral References.

Union organization and activities of public employees 31 A.L.R.2d 1142.

Validity and construction of “right-to-work” laws, 92 A.L.R.2d 598.

Notes to Decisions

Grievances.

S.L. 2001, ch. 181, § 4; 2021, ch. 151, § 2, eff August 1, 2021.

15.1-16-11. Representative organization — Selection.

1. If an organization is interested in representing a group of teachers or a group of administrators, the organization may file with the board of a school district a petition asserting that the organization represents a majority of the teachers or the administrators included within a negotiating unit.
2. The petition must be accompanied by evidence substantiating the assertion contained in it.
3. The petition must be filed with the board of a school district no later than March first of the current school year.
4. Within ten days after receiving the petition, the board of the school district shall post notice of its intent to consider the petition in each school wherein the members of the negotiating unit are employed.
5. No sooner than ten nor later than twenty days after posting the notice of intent to consider the petition, the board shall investigate the petition, determine the question of representation, and post notice of its determination in each school wherein the members of the negotiating unit are employed.
6. If the petition is not contested, the board shall recognize the petitioner as the representative organization of the negotiating unit, unless the board rejects the petition for recognition of the negotiating unit under section 15.1-16-10 or the board finds in good faith that there is a reasonable doubt the representation exists.
If any organization has an interest in representing a group of teachers or a group of administrators and wishes to contest the claim of representation made in the petition under subsection 1, the contesting organization must file with the board of the school district a petition containing a written statement of contest together with substantiating evidence, within ten days from the date on which the board posted the notice of intent to consider the original petition.
If the board of a school district fails to make and post notice of its determination or if the board’s determination has been contested, the board shall call an election to determine the question of representation not sooner than twenty nor later than thirty days after the posting of the notice of intent to consider the original petition.
If the board of a school district receives a petition that is signed by at least twenty-five percent of the members of the negotiating unit and which calls for an election to determine the question of representation, the board shall call the election.
The election must be conducted in the manner agreed to by the interested parties. If the interested parties cannot reach an agreement, the election must be conducted in the manner determined by the education factfinding commission under its rules.
Once a representative organization has been selected, its authority to represent the negotiating unit continues for at least one year from the date of the selection.

Source:

S.L. 2001, ch. 181, § 4; 2021, ch. 151, § 3, eff August 1, 2021.

Collateral References.

Right of public employees to form or join a labor organization affiliated with a federation of trade unions or which includes private employees, 84 A.L.R.3d 336.

15.1-16-12. Representative organization — Payroll deduction — Dues.

If an individual who is employed as a teacher, and who is a member of a representative organization as defined in this chapter, signs a petition requesting that dues for the representative organization be deducted from the individual’s regular paycheck, the board of the school district shall comply with the petition. Nothing in this section may be interpreted to mean that the dues of a nonmember must be deducted in that manner.

Source:

S.L. 2001, ch. 181, § 4.

15.1-16-13. Good-faith negotiations.

The board of a school district or its representatives and the representative organization or its representatives shall, if requested by either entity, meet at reasonable times and negotiate in good faith regarding:
1. The terms and conditions of employment.
2. Employer-employee relations.
3. Formation of a contract, which may contain a provision for binding arbitration.
4. The interpretation of an existing contract.
The board of a school district and the representative organization, at the request of either party, shall execute a written contract incorporating any agreement reached.
Either the board of a school district or the representative organization may modify or terminate the contract on its annual anniversary date by giving notice of its desire to modify or terminate the contract to the other party not less than one hundred sixty days before the annual anniversary date.
Nothing in this section compels either the board of a school district or a representative organization to agree to a proposal or to make a concession.
Good-faith negotiations must begin no later than the thirtieth day after the representative organization is recognized by the board of the school district, in accordance with section 15.1-16-11, unless otherwise agreed to by the board of the school district and the representative organization.
Unless otherwise agreed to by the board of the school district and the representative organization, good-faith negotiations must be completed no later than July first following the recognition of the representative organization under section 15.1-16-11.

Source:

S.L. 2001, ch. 181, § 4; 2015, ch. 147, § 2, eff August 1, 2015; 2021, ch. 151, § 4, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 147, S.L. 2015 became effective August 1, 2015.

Notes to Decisions

In General.
Grievances.
Individual Teacher Need.

In General.

Grievances.

Individual Teacher Need.

N.D.C.C. § 15.1-16-13(1)(a) and (b) were broad enough to encompass a provision in the negotiated agreement that permitted the school district to contract with an individual teacher on a distinct basis subject to the limitations outlined; there was no suggestion in the record that the school district intended to or did negotiate separately with any teacher except for the speech language pathologist which negotiations would be constrained by the limits of the negotiated agreement. The limited ability to contract separately for an identified teacher need was not contrary to N.D.C.C. ch. 15.1-16. Kenmare Educ. Ass'n v. Kenmare Pub. Sch. Dist. No. 28, 2006 ND 136, 717 N.W.2d 603, 2006 N.D. LEXIS 140 (N.D. 2006).

DECISIONS UNDER PRIOR LAW

In General.

Whether a party has negotiated in good faith under the statute is a question of fact. Belfield Educ. Ass'n v. Belfield Pub. Sch. Dist. No. 13, 496 N.W.2d 12, 1993 N.D. LEXIS 30 (N.D. 1993).

Binding Arbitration.

In the absence of fraud or deception, contract agreement to submit certain disputes to binding arbitration is enforceable. West Fargo Pub. Sch. Dist. v. West Fargo Educ. Ass'n, 259 N.W.2d 612, 1977 N.D. LEXIS 215 (N.D. 1977).

Impasse.

Where school board issued teaching contracts to individual teachers after negotiations with their bargaining representative had deadlocked and an education factfinding committee had issued its report, but before the parties had agreed they were at an impasse, it did not violate its duty to bargain in good faith since it appeared that its actions were taken pursuant to an erroneous belief that report of the factfinder terminated the negotiation process. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 252 N.W.2d 205, 1977 N.D. LEXIS 238 (N.D. 1977).

Under the provisions of this chapter there is no requirement that negotiations between a school board and a teacher bargaining representative be continued after an impasse has been reached and resort to the provisions of former section 15-38.1-13 (now N.D.C.C. § 15.1-16-15) have failed to break it. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 252 N.W.2d 205, 1977 N.D. LEXIS 238 (N.D. 1977).

It was not a breach of good faith for school board to issue contracts to individual teachers after the board had in good faith rejected the factfinder’s recommendations and had in good faith bargained to an impasse. Edgeley Educ. Ass'n v. Edgeley Pub. Sch. Dist., 256 N.W.2d 348, 1977 N.D. LEXIS 149 (N.D. 1977).

Last Offer Contracts.

If a school district is going to issue contracts unilaterally on its “last offer”, that last offer is limited to contractual provisions for the school year which is the subject of negotiations and no others. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 499 N.W.2d 120, 1993 N.D. LEXIS 75 (N.D. 1993).

Limited Negotiations.

Where a teacher’s association agreed in writing to limit negotiations with a school district to two two-hour meetings, the limitation was not evidence of bad faith. Belfield Educ. Ass'n v. Belfield Pub. Sch. Dist. No. 13, 496 N.W.2d 12, 1993 N.D. LEXIS 30 (N.D. 1993).

“Negotiation”.

The term “negotiate” as used herein means to present proposals and offer counterproposals, to discuss proposals, to carry on a diaglogue, to exchange ideas, all for purpose of persuading or being persuaded by logic and reasoning. Fargo Educ. Ass'n v. Paulsen, 239 N.W.2d 842, 1976 N.D. LEXIS 209 (N.D. 1976).

“Negotiation” as used in this chapter means the presentation and discussion of proposals and counterproposals, the carrying on of a dialogue, the exchange of ideas, all for the purpose of persuasion or being persuaded by logic or reasoning; this requires a willingness to talk and to listen, but it does not require either party to agree to any proposal, or to submit to arbitration. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 252 N.W.2d 205, 1977 N.D. LEXIS 238 (N.D. 1977).

Renewal of Contract Requirements.

The provisions of former section 15-47-27 concerning the renewal of teachers’ contracts are suspended during negotiations under this chapter. Enstad v. North Cent. of Barnes Pub. Sch. Dist., 268 N.W.2d 126, 1978 N.D. LEXIS 141 (N.D. 1978); Lefor Educ. Ass'n v. Lefor Pub. Sch. Dist., 285 N.W.2d 524, 1979 N.D. LEXIS 301 (N.D. 1979).

Requirements for Good Faith.

“Good faith” has the same meaning in this section as in N.D.C.C. § 1-01-21. Fargo Educ. Ass'n v. Paulsen, 239 N.W.2d 842, 1976 N.D. LEXIS 209 (N.D. 1976).

Refusal of school board to reconsider its position that increased teacher costs for the year under negotiation must be held to approximately $160,000 above the previous year’s costs after year-end audit showed an actual cash carryover of $300,000 instead of the projected $200,000 did not constitute a refusal to bargain in good faith, since the board never represented that its position was adopted on account of the projected size of the carryover. Dickinson Educ. Ass'n v. Dickinson Pub. Sch. Dist., 252 N.W.2d 205, 1977 N.D. LEXIS 238 (N.D. 1977).

Suspension of Contract Renewal Requirements.

Where negotiations are being carried on pursuant to this chapter, the provisions of former section 15-47-27 requiring the board to give the teacher notice and that the teacher respond to such notice are suspended. Enstad v. North Cent. of Barnes Pub. Sch. Dist., 268 N.W.2d 126, 1978 N.D. LEXIS 141 (N.D. 1978); Lefor Educ. Ass'n v. Lefor Pub. Sch. Dist., 285 N.W.2d 524, 1979 N.D. LEXIS 301 (N.D. 1979).

Terms of Negotiation.

A school district was not required to accept any specific proposal or to include leave items in the master contract in order to be deemed to have negotiated. Belfield Educ. Ass'n v. Belfield Pub. Sch. Dist. No. 13, 496 N.W.2d 12, 1993 N.D. LEXIS 30 (N.D. 1993).

15.1-16-14. Impasse — Existence.

An impasse exists if:
1. After a reasonable period of negotiation, an agreement has not been formulated and a dispute exists;
2. No later than July first following the recognition of the representative organization under section 15.1-16-11:
  1. An agreement has not been reached between the board of a school district and the representative organization; and
  2. The board of the school district and the representative organization have not agreed to extend the negotiation period; or
3. The board of a school district and the representative organization both agree that an impasse exists.
An impasse may exist if:
1. A written contract entered into between the board of a school district and the representative organization under section 15.1-16-13 does not contain a procedure for resolving a dispute.
2. A written agreement entered into between the board of a school district and the representative organization under section 15.1-16-13 contains an inadequate procedure for resolving a dispute.

Source:

S.L. 2001, ch. 181, § 4; 2021, ch. 151, § 5, eff August 1, 2021.

15.1-16-15. Impasse — Resolution.

If an impasse exists under section 15.1-16-14, the board of a school district and the representative organization may agree to seek mediation. The board and the representative organization shall jointly select a mediator and agree to a distribution of the mediation cost. If mediation fails or if mediation is not attempted, the board or representative organization may request that the education factfinding commission provide assistance.
If the education factfinding commission is asked to provide assistance under subsection 1, the commission shall act as a factfinding commission or appoint a factfinder from a list of qualified individuals maintained by the commission. A factfinder appointed under this section has the powers designated by the commission. Upon completion of all duties, the factfinder shall make a recommendation to the commission.
The education factfinding commission shall:
1. Consider the facts, make its findings, and issue a recommendation; or
2. Consider the report and recommendation of its factfinder and, after any further investigation the commission elects to perform, make its findings and issue a recommendation.
Within forty days from the date the commission is asked to provide assistance, the commission shall deliver its findings and recommendations to the board of the school district and to the representative organization. No sooner than ten nor later than twenty days after its findings and recommendations are delivered to the board and the representative organization, the commission shall make its findings and recommendation public if the impasse is not resolved.
If facts are established or a recommendation made in accordance with factfinding procedures agreed to by the board of the school district and the representative organization and the impasse continues, the education factfinding commission may consider the findings and recommendations without instituting its own factfinding procedure and the commission may issue its own findings and recommendations based on the information available. No sooner than ten nor later than twenty days after these findings and recommendations are delivered to the board and the representative organization, the commission shall make its findings and recommendations public if the impasse is not resolved.

Source:

S.L. 2001, ch. 181, § 4; 2021, ch. 151, § 6, eff August 1, 2021.

Notes to Decisions

Impasse After Factfinding.

School board was permitted to issue contracts to teachers based on its last offer, when, after the factfinder’s recommendations had been received, the board in good faith did not accept the recommendations, and had in good faith bargained to an impasse. Edgeley Educ. Ass'n v. Edgeley Pub. Sch. Dist., 256 N.W.2d 348, 1977 N.D. LEXIS 149 (N.D. 1977).

15.1-16-16. Participation in a strike — Prohibition.

Teachers and administrators employed by school districts may not participate in a strike. The board of a school district may withhold some or all the wages otherwise due a teacher or an administrator who elects to participate in a strike in violation of this section.

Source:

S.L. 2001, ch. 181, § 4.

Collateral References.

Labor law: Right of public employees to strike or engage in work stoppage, 37 A.L.R.3d 1147.

Damage liability of state or local public employees’ union or union officials for unlawful work stoppage 84 A.L.R.3d 336.

15.1-16-17. Discrimination — Prohibition.

Neither the board of a school district nor any administrator employed by the district may discriminate against any individual employed as a teacher or administrator because the individual exercises rights available under this chapter.

Source:

S.L. 2001, ch. 181, § 4.

15.1-16-18. Representative organization — Authority.

A representative organization that enters a contract with the board of a school district retains the authority to represent the negotiating unit for the duration of the contract or until another representative is recognized by the board of the school district as the representative organization of the negotiating unit under section 15.1-16-11.

Source:

S.L. 2001, ch. 181, § 4; 2021, ch. 151, § 7, eff August 1, 2021.

15.1-16-19. Sick leave — Accumulation.

The board of a school district shall allow a teacher to:

Use at least ten days of sick leave each school year without a loss of compensation; and
Accumulate sick leave and carry over from year to year at least thirty days of accumulated unused sick leave.

Source:

S.L. 2001, ch. 181, § 4.

Notes to Decisions

“Due to Sickness.”
Maternity Leave.

“Due to Sickness.”

The term “due to sickness” or “sick leave” necessarily imply a period of time during which a teacher is temporarily disabled as a result of sickness or injury from performing his or her duties. Crowston v. Jamestown Pub. Sch. Dist., 335 N.W.2d 775, 1983 N.D. LEXIS 310 (N.D. 1983).

Maternity Leave.

Where doctor certificates recommended that women not teach for six weeks following delivery of their babies, but contained no specific statement that the women were unable to perform their duties as teachers for the six-week period, the women were not entitled to six weeks of sick leave under the school district’s sick leave policy, but only for the three weeks during which they were unable to work. Crowston v. Jamestown Pub. Sch. Dist., 335 N.W.2d 775, 1983 N.D. LEXIS 310 (N.D. 1983).

Collateral References.

Validity, construction and application of state family-, parental-, or medical-leave acts, 57 A.L.R.5th 477.

15.1-16-20. North Dakota vision services — School for the blind — School for the deaf — Youth correctional center — Contracts of employment for teachers — Personnel policies.

The superintendent of public instruction shall develop contracts of employment and personnel policies applicable to each individual employed as a teacher at North Dakota vision services — school for the blind and the school for the deaf. The director of the division of juvenile services, with the approval of the director of the department of corrections and rehabilitation, shall develop contracts of employment and personnel policies applicable to each individual employed as a teacher at the North Dakota youth correctional center.
The contracts required by this section may include the assignment of duties, salaries, work hours, job titles, and a school calendar.
The personnel policies required by this section must include job descriptions and nonrenewal, discipline, and dismissal procedures. The policies must seek to harmonize the rights of teachers with laws applicable to other state employees. The superintendent of public instruction and the director of the department of corrections and rehabilitation, shall work together in the development of the personnel policies.
Each individual employed as a teacher at North Dakota vision services — school for the blind, the school for the deaf, or the youth correctional center is entitled to receive a copy of a master agreement consisting of a policy manual and an individualized contract specifying the individual’s job title, contracted hours, salary schedule, benefits, and other details applicable to the individual’s employment.
For purposes of this section, “teacher” means a contracted state employee who:
1. Holds a teaching license or is approved to teach by the education standards and practices board;
2. Is employed primarily to provide classroom instruction or individualized instruction;
3. Has a work schedule set in accordance with the school calendar;
4. Is a guidance counselor, school librarian, itinerant outreach teacher, or a career and technical resource person required to meet teaching and licensure requirements; and
5. Is not a superintendent, assistant superintendent, principal, supervisor, substitute, or paraprofessional.

Source:

S.L. 2001, ch. 181, § 4; 2003, ch. 138, § 64; 2019, ch. 162, § 1, eff August 1, 2019.

15.1-16-21. Salary increase — Unfillable position.

1. If, after the conclusion of a school calendar, the board of a school district has a teaching position vacant and if the board, having done all things necessary and proper, is unable to fill that position by the forty-fifth day prior to the start of the district’s school calendar with an individual who is highly qualified and who meets reasonable criteria established by the board, the board shall notify the superintendent of public instruction that:
  1. A teaching position is vacant;
  2. The board has done all things necessary and proper after learning of the vacancy to find a suitable and highly qualified candidate; and
  3. The board will be unable to meet the statutory requirements for school approval if the position remains unfilled.
2. Unless the superintendent of public instruction has reason to believe that the information contained in the notice as provided in subdivision a is not accurate, the superintendent shall authorize the board, notwithstanding the terms of any agreement negotiated under this chapter, to increase the compensation offered for that position to the extent deemed necessary by the board in order to attract a suitable and highly qualified individual. The compensation paid to a successful applicant under this section may not be reduced in future years.
1. If a teaching position becomes vacant during a school calendar or less than forty-five days prior to the start of the school calendar, the board of a school district shall do all things necessary and proper to ensure that the vacancy causes only minimal disruption to the instruction of students and that the position becomes filled as quickly as possible by a highly qualified individual who meets the reasonable criteria established by the board. The board shall notify the superintendent of public instruction that the vacancy exists and that the board will be unable to meet the requirements for school approval if the position remains unfilled.
2. Upon receipt of the notice as provided in subdivision a, the superintendent of public instruction shall contact the several education associations in this state and ask that they assist the board of the school district in any way possible to locate and employ an individual under the terms of the district’s existing negotiated agreement. Only when the superintendent determines that all reasonable efforts have been unsuccessful may the superintendent authorize the board, notwithstanding the terms of any agreement negotiated under this chapter, to offer the level of compensation it deems necessary in order to attract a suitable and highly qualified individual for the duration of the school calendar.
If an individual resigns from a teaching position with a district, the individual may be rehired by the board of that district to fill a vacancy, but the individual is not eligible to receive a level of compensation greater than that provided for in the district’s negotiated agreement.
If an individual has taught in this state during the preceding twelve months, the individual is not eligible to receive a level of compensation greater than that provided for in the district’s negotiated agreement.
This section is applicable to contracts that are negotiated under this chapter and which take effect after July 31, 2007.

Source:

S.L. 2007, ch. 173, § 1.

15.1-16-22. Negotiation strategy and instructions —- Executive session.

The board of a school district, or any authorized subcommittee of the board, may hold an executive session under section 44-04-19.2 to discuss negotiating strategies or to provide to its representative negotiating instructions, which are applicable to anticipated or pending:

Litigation;
Adversarial administrative proceedings; or
Contracts.

Source:

S.L. 2015, ch. 147, § 3, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

CHAPTER 15.1-17 Teacher Personnel Files

15.1-17-01. Personnel file — Review by teacher.

A teacher employed by a school district or a state-supported institution that provides elementary and secondary education to its students may review documents generated and placed in the teacher’s personnel file after the teacher was employed for the position. Upon receiving a written request, the school principal, administrator, or school district superintendent shall provide to a teacher a copy of any document in the teacher’s personnel file. The teacher shall pay any copying costs.

Source:

S.L. 2001, ch. 181, § 5.

Notes to Decisions

Right Not Abridged.

15.1-17-05. No secret files maintained — Penalty.

It is a class B misdemeanor for any individual employed by a school district or a state-supported institution that provides elementary and secondary education to its students to maintain documents about a teacher unless the teacher has access to the documents, as provided in this chapter.

Source:

S.L. 2001, ch. 181, § 5.

Notes to Decisions

Purpose.
Question of Fact.

Purpose.

Keeping a secret personnel file denies teachers their specific rights to review the contents of their personnel files, make notes about the contents, object to material placed in their files, and be promptly informed about complaints against them, granted by other sections of this chapter. Borr v. McKenzie County Pub. Sch. Dist. No. 1, 541 N.W.2d 681, 1995 N.D. LEXIS 232 (N.D. 1995).

Question of Fact.

Whether principal maintained a secret personnel file by making notes about parental complaints in his personal daily planner was a question of fact for the court to decide. Borr v. McKenzie County Pub. Sch. Dist. No. 1, 541 N.W.2d 681, 1995 N.D. LEXIS 232 (N.D. 1995).

CHAPTER 15.1-18 Teacher Qualifications

15.1-18-01. Early childhood education teaching license.

The education standards and practices board shall issue an optional early childhood education teaching license or endorsement to an applicant who meets the requirements set by the board. The optional early childhood education teaching license may be used in nonparental settings such as early childhood programs, preschool programs, and head start programs.

Source:

S.L. 2001, ch. 181, § 6; 2003, ch. 157, § 2.

Effective Date.

The 2003 amendment of this section by section 2 of chapter 157, S.L. 2003 becomes effective July 1, 2006, pursuant to section 12 of chapter 157, S.L. 2003.

15.1-18-02. Prekindergarten and kindergarten teacher requirements.

In order to teach prekindergarten and kindergarten, an individual must be:

Licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board; and
1. Have a major in elementary education and a kindergarten endorsement;
2. Have a major equivalency in elementary education and a kindergarten endorsement;
3. Have a major in elementary education and an early childhood education endorsement;
4. Have a major equivalency in elementary education and an early childhood education endorsement;
5. Have a major in early childhood education;
6. Have a major equivalency in early childhood education; or
7. Have a minor in early childhood education .

Source:

S.L. 2001, ch. 181, § 6; 2003, ch. 157, § 3; 2005, ch. 163, § 4; 2017, ch. 138, § 2, eff April 13, 2017.

Effective Date.

The 2003 amendment of this section by section 3 of chapter 157, S.L. 2003 becomes effective July 1, 2006, pursuant to section 12 of chapter 157, S.L. 2003.

15.1-18-02.1. Grades one through twelve — Teacher requirements.

An individual who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board may teach any grade from one through eight, provided the individual meets any requirements established in accordance with section 15.1-18-10 and has:
1. A major in elementary education; or
2. A major equivalency in elementary education.
An individual who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board may teach any grade from five through eight, provided the individual has:
1. A major in middle level education; or
2. A major equivalency in middle level education.
An individual who is licensed to teach at the secondary level by the education standards and practices board or approved to teach at the secondary level by the education standards and practices board may teach any area at any grade from five through twelve, provided the individual has:
1. A major in the area being taught;
2. A major equivalency in the area being taught;
3. A minor in the area being taught; or
4. A minor equivalency in the area being taught.

15.1-18-07. Elementary school teacher qualifications. [Repealed]

Source:

S.L. 2003, ch. 157, § 4; 2005, ch. 163, § 5; 2005, ch. 167, § 9; Repealed by 2017, ch. 138, § 4, eff April 13, 2017.

15.1-18-08. Middle school teacher qualifications. [Repealed]

Source:

S.L. 2003, ch. 157, § 5; 2005, ch. 163, § 6; Repealed by 2017, ch. 138, § 4, eff April 13, 2017.

15.1-18-09. High school qualifications. [Repealed]

Source:

S.L. 2003, ch. 157, § 6; 2005, ch. 163, § 7; Repealed by 2017, ch. 138, § 4, eff April 13, 2017.

15.1-18-10. Specialty areas — Teacher qualification. [Effective through July 31, 2023]

Notwithstanding the requirements of this chapter:

An individual may teach art, business education, computer education, a foreign language, music, physical education, special education, and technology education at any grade level from kindergarten through grade eight, provided the individual:
1. Is licensed to teach by the education standards and practices board;
2. Is approved to teach in that area by the education standards and practices board; and
3. Meets all requirements set forth in rule by the superintendent of public instruction.
An individual may teach Native American languages provided the individual is an eminence-credentialed teacher.
An individual may teach in the areas of trade, industry, technical occupations, or health occupations, provided the individual has been issued a license to teach in such areas by the education standards and practices board.
An individual may teach in any subject, except elementary education, special education, mathematics, science, language arts, and social studies, if the individual:
1. Has a permit issued by the board and has a high school diploma;
2. 1. Possesses at least four thousand hours over five years of relevant work experience in the subject area to be taught; or
  2. Possesses a certificate, permit, or degree in the subject area to be taught; and
3. Enrolls in the North Dakota teacher support system approved mentor program, expensed to the sending district.
The board of a school district may authorize an individual to teach under subsection 4 for one year, up to a maximum of three years, if:
1. The administrator of a school within the district submits a written request to the education standards and practices board which indicates the administrator is unable to locate a qualified applicant and requests the education standards and practices board issue a permit;
2. The individual successfully completes a background check conducted by the education standards and practices board; and
3. The education standards and practices board issues a permit to the individual.
The board may adopt rules to administer teaching permits under this section.
The board of a school district may terminate the employment of an individual with a teaching permit issued under this section at will.

Source:

S.L. 2003, ch. 157, § 7; 2005, ch. 163, § 8; 2019, ch. 163, § 1, eff August 1, 2019; 2019, ch. 38, § 18, eff July 1, 2019; 2019, ch. 40, § 18, eff July 1, 2019; 2019, ch. 149, § 5, eff July 1, 2019.

Effective Date.

This section becomes effective July 1, 2006, pursuant to section 12 of chapter 157, S.L. 2003.

Note.

Section 15.1-18-10 was amended 4 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 18 of Chapter 40, Session Laws 2019, Senate Bill 2015; Section 18 of Chapter 38, Session Laws 2019, Senate Bill 2013; Section 5 of Chapter 149, Session Laws 2019, Senate Bill 2265; and Section 1 of Chapter 163, Session Laws 2019, House Bill 1531.

15.1-18-10. Specialty areas — Teacher qualification. [Effective August 1, 2023]

Notwithstanding the requirements of this chapter:

An individual may teach art, business education, computer education, a foreign language, music, physical education, special education, and technology education at any grade level from kindergarten through grade eight, provided the individual:
1. Is licensed to teach by the education standards and practices board;
2. Is approved to teach in that area by the education standards and practices board; and
3. Meets all requirements set forth in rule by the superintendent of public instruction.
An individual may teach Native American languages provided the individual is an eminence-credentialed teacher.
An individual may teach in the areas of trade, industry, technical occupations, or health occupations, provided the individual has been issued a license to teach in such areas by the education standards and practices board.
An individual may teach in any subject, except elementary education, special education, mathematics, science, language arts, and social studies, if the individual:
1. Has a permit issued by the board and has a high school diploma;
2. 1. Possesses at least four thousand hours over five years of relevant work experience in the subject area to be taught; or
  2. Possesses a certificate, permit, or degree in the subject area to be taught; and
3. Enrolls in the North Dakota teacher support system approved mentor program, expensed to the sending district.

Source:

15.1-18-11. Rural school districts — Federal flexibility.

The education standards and practices board may extend the effective dates for any provision in this chapter if the United States secretary of education by rule, policy, or guidance authorizes such extension.

Source:

S.L. 2005, ch. 163, § 9.

15.1-18-12. Military spouses.

Notwithstanding contrary provisions of this chapter regarding licensure qualifications, section 43-51-11.1, regarding licensure of a military spouse, applies to an applicant’s qualifications for licensure.

Source:

S.L. 2019, ch. 369, § 4, eff July 1, 2019.

CHAPTER 15.1-18.1 Teacher Certification

15.1-18.1-01. Definitions.

As used in this chapter, unless the context otherwise requires:

“Board” means the education standards and practices board.
“Certification” means national board certification as provided by the national board.
“National board” means the national board for professional teaching standards.

Source:

S.L. 2003, ch. 158, § 1.

15.1-18.1-02. National board certification program — Recertification — Board duties.

The board shall:
1. Inform teachers of the national board certification program and the scholarships and services the national board provides to teachers seeking certification.
2. Collect and review in the order received scholarship applications from individuals who are licensed to teach by the board or approved to teach by the board.
3. 1. Approve no more than seventeen applications per year under this subsection;
  2. During each year of the biennium, reserve three of the available scholarships under this subsection until October first for individuals teaching at low-performing schools. At that time, the three slots, if not filled, become available to all other applicants;
  3. Require the recipient for a scholarship under this subsection to serve during the school year as a full-time classroom teacher in a public or nonpublic school in this state; and
  4. If available, require the recipient for a scholarship under this subsection to participate in mentoring programs developed and implemented in the employing school or school district.
4. Ensure that all scholarship recipients under this subsection receive adequate information regarding the level of commitment required to acquire certification.
The board shall collect and review in the order received scholarship applications for national board recertification from individuals who are licensed to teach by the board or approved to teach by the board and:
1. Approve no more than three scholarship applications per year under this subsection;
2. Require each recipient for a scholarship under this subsection to serve during the school year as a full-time classroom teacher in a public or nonpublic school in this state; and
3. If available, require each recipient for a scholarship under this subsection to participate in mentoring programs developed and implemented in the employing school or school district.
If any individual who receives a scholarship under this section does not complete the certification process within the time allotted by the board, the individual must reimburse the state an amount equal to one-half of the amount awarded to the individual as a scholarship.
At the conclusion of each school year after an individual receives national board certification, the board shall pay to an individual an additional one thousand five hundred dollars for the life of the national board certificate if:
1. The individual was employed during the school year as a full-time classroom teacher by a school district in this state; and
2. The individual participated in any efforts of the employing school district to develop and implement teacher mentoring programs.
A contract negotiated under chapter 15.1-16 may not preclude or limit the ability of a school district or any other entity, public or private, from providing any remuneration to a teacher who has obtained national board certification. Any remuneration received by a teacher as a consequence of having obtained national board certification is in addition to any other compensation otherwise payable as a result of any contract negotiated under chapter 15.1-16.

Source:

S.L. 2003, ch. 158, § 2; 2005, ch. 163, § 10; 2007, ch. 171, § 2; 2013, ch. 13, § 30.

CHAPTER 15.1-18.2 Professional Development Plans

15.1-18.2-01. Professional development plan — Adoption — Review by school district. [Repealed]

Repealed by S.L. 2011, ch. 147, § 43.

15.1-18.2-02. Professional development plan — Review by superintendent of public instruction. [Repealed]

Repealed by S.L. 2011, ch. 147, § 43.

15.1-18.2-03. Professional development advisory committee — Duties — Staff support. [Repealed]

Repealed by S.L. 2011, ch. 147, § 43.

15.1-18.2-03.1. Professional development advisory committee — Reimbursement of members. [Repealed]

Repealed by S.L. 2011, ch. 147, § 43.

15.1-18.2-04. Student athletics — Concussion management program — Requirements.

Each school district and nonpublic school that sponsors or sanctions any athletic activity in this state and requires a participating student to regularly practice or train, and compete, is subject to the terms of a concussion management program.
The concussion management program must set forth in clear and readily comprehensible language the signs and symptoms of a concussion.
1. The concussion management program must require that a student be removed from practice, training, or competition if:
  1. The student reports any sign or symptom of a concussion, as set forth in accordance with this section;
  2. The student exhibits any sign or symptom of a concussion, as set forth in accordance with this section; or
  3. A licensed, registered, or certified health care provider whose scope of practice includes the recognition of concussion signs and symptoms determines, after observing the student, that the student may have a concussion.
2. The duty to remove a student under the conditions set forth in this subsection extends to:
  1. Each official;
  2. The coach of a student; and
  3. Any other individual designated by the school district or nonpublic school as having direct responsibility for the student during practice, training, or competition.
The concussion management program must require that any student who is removed in accordance with subsection 3 must be evaluated as soon as practicable by a licensed health care provider who is acting within the provider’s scope of practice and trained in the evaluation and management of concussion, as determined by the provider’s licensing board.
1. A student who is evaluated in accordance with subsection 4 and believed to have suffered a concussion may not be allowed to return to practice, training, or competition until the student’s return is authorized by a licensed health care provider who meets the criteria set forth in subsection 4.
2. The authorization required by this subsection must be:
  1. In writing;
  2. Presented or forwarded to the individual designated by the student’s school district or nonpublic school for receipt of such authorizations; and
  3. Retained by the student’s school district or school for a period of seven years after conclusion of the student’s enrollment.
3. Any health care provider who signs an authorization in accordance with this section is acknowledging that the provider is acting within the provider’s scope of practice and is trained in the evaluation and management of concussion, as determined by the provider’s licensing board.
The concussion management program must require that each official, coach, and individual designated by the school district or nonpublic school as having direct responsibility for the student during practice, training, or competition receive biennial training regarding the nature and risk of concussion.
The student’s school district or nonpublic school shall ensure that before a student is allowed to participate in the athletic activity described in subsection 1, the student and the student’s parent shall document that they have viewed information regarding concussions incurred by students participating in athletic activities. The required information must be provided by the student’s school district or nonpublic school and must be made available in printed form or in a verifiable electronic format.
This section does not create any liability for, or create a cause of action against:
1. A school district, its officers, or its employees;
2. A nonpublic school, its officers, or its employees; or
3. An official.
A school district or a nonpublic school may contract for and accept gifts, grants, and donations from any public or nonpublic source, in order to meet the requirements of this section.
For the purposes of this section, “official” means an umpire, a referee, a judge, or any other individual formally officiating at an athletic event.

Source:

S.L. 2011, ch. 139, § 1; 2013, ch. 153, § 1.

15.1-18.2-05. Teacher support program — Establishment.

The education standards and practices board shall:

Establish and administer a teacher support program;
Employ an individual to serve as a teacher support program coordinator;
1. Select and train experienced teachers who will serve as mentors for first-year teachers and assist the first-year teachers with instructional skills development; or
2. If a school district or other employing entity listed in section 15.1-18.2-07 is not in need of mentors for its first-year teachers, select and train experienced teachers who will work with school district administrators and administrators from the other employing entities to identify the needs of the non-first-year teachers and help the non-first-year teachers address their particular needs through the use of:
  1. Research-validated interventions; and
  2. Proven instructional methods.

Source:

S.L. 2011, ch. 147, § 6.

15.1-18.2-06. Teacher support program — Availability of services.

The education standards and practices board may use any moneys it receives for the teacher support program to provide staff compensation, training, evaluation, and stipends for mentors and experienced teachers who assist first-year and non-first-year teachers participating in the program, and to pay for any other administrative expenses resulting from the program; provided, however, that the board may not expend more than five percent of the moneys for administrative purposes.

Source:

S.L. 2011, ch. 147, § 7.

15.1-18.2-07. Teacher support program — Authorized service recipients.

The education standards and practices board may provide support services to teachers employed by:

School districts;
Special education units;
Area career and technology centers;
Regional education associations; and
Schools funded by the bureau of Indian education.

Source:

S.L. 2011, ch. 147, § 8.

CHAPTER 15.1-19 Students and Safety

15.1-19-01. Legal surname — Use.

Personnel in a public school district, a nonpublic school, a preschool program, and a child care facility shall use a student’s legal surname for registration, for the maintenance of all records regarding the student, and in all communications requiring the use of a surname.

Source:

S.L. 1999, ch. 196, § 13.

15.1-19-02. Corporal punishment — Prohibition — Consistent policies.

A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal punishment on a student.
This section does not prohibit a school district employee from using the degree of force necessary:
1. To quell a physical disturbance that threatens physical injury to an individual or damage to property;
2. To quell a verbal disturbance;
3. For self-defense;
4. For the preservation of order; or
5. To obtain possession of a weapon or other dangerous object within the control of a student.
For purposes of this section, corporal punishment means the willful infliction of physical pain on a student; willfully causing the infliction of physical pain on a student; or willfully allowing the infliction of physical pain on a student. Physical pain or discomfort caused by athletic competition or other recreational activities voluntarily engaged in by a student is not corporal punishment. A school board may not expand through policy the definition of corporal punishment beyond that provided by this subsection.
1. The board of each school district shall develop policies setting forth standards for student behavior, procedures to be followed if the standards are not met, and guidelines detailing how all incidents are to be investigated.
2. The board shall ensure that the policies, procedures, and guidelines applicable to all elementary schools in the district are identical, that the policies, procedures, and guidelines applicable to all middle schools in the district are identical, and that the policies, procedures, and guidelines applicable to all high schools in the district are identical.

Source:

S.L. 1999, ch. 196, § 13; 2009, ch. 173, § 1.

Cross-References.

When use of force justified, see N.D.C.C. § 12.1-05-05(1).

15.1-19-03. Period of silence. [Repealed]

Repealed by S.L. 2001, ch. 187, § 2.

15.1-19-03.1. Recitation of prayer — Period of silence — Pledge of allegiance.

A student may voluntarily pray aloud or participate in religious speech at any time before, during, or after the schoolday to the same extent a student may voluntarily speak or participate in secular speech.
A student of a public or nonpublic school may not be prohibited from voluntarily participating in any student-initiated prayer at an activity held on the premises of a public or nonpublic school.
A school board, school administrator, or teacher may not impose any restriction on the time, place, manner, or location of any student-initiated religious speech or prayer which exceeds the restriction imposed on students’ secular speech.
A school board may, by resolution, allow a classroom teacher to impose up to one minute of silence for meditation, reflection, or prayer at the beginning of each schoolday.
A school board may authorize the voluntary recitation of the pledge of allegiance by a teacher or one or more students at the beginning of each schoolday. A student may not be required to recite the pledge of allegiance, stand during the recitation of the pledge of allegiance, or salute the American flag.

Source:

S.L. 2001, ch. 187, § 1; 2017, ch. 139, § 1, eff August 1, 2017.

Collateral References.

Releasing public school pupils from attendance for purpose of attending religious education classes, 2 A.L.R.2d 1371.

Constitutionality of regulation or policy governing prayer, meditation, or “moment of silence” in public schools, 110 A.L.R. Fed. 211.

Bible distribution or use in public schools — Modern cases, 111 A.L.R. Fed. 121.

Law Reviews.

Wholesome Neutrality: Law and Education, 43 N.D. L. Rev. 605 (1967).

Mrs. Frothingham and Federal Aid to Church Schools, 43 N.D. L. Rev. 691 (1967).

15.1-19-04. Religious instruction — Excuse of student.

At the request of a student’s parent or guardian, the student’s school principal shall permit a student to be excused for up to one hour each week in order to obtain religious instruction.

Source:

S.L. 1999, ch. 196, § 13.

Cross-References.

Free exercise of religious worship, see N.D. Const., art. I, § 3, and art. XIII, § 1.

Collateral References.

Releasing public school students from attendance for purpose of receiving religious instruction, 2 A.L.R.2d 1371.

Parents’ religious beliefs as defense to prosecution for noncompliance with compulsory education law, 3 A.L.R.2d 1401.

Law Reviews.

Wholesome Neutrality: Law and Education, 43 N.D. L. Rev. 605 (1967).

Mrs. Frothingham and Federal Aid to Church Schools, 43 N.D. L. Rev. 691 (1967).

15.1-19-05. Birth control device — Distribution — Restriction.

No person while acting in an official capacity as an employee or agent of a school district may distribute a birth control device to a student. This section does not apply to the distribution of a birth control device by an employee or agent to a child of that employee or agent.

Source:

S.L. 1999, ch. 196, § 13.

15.1-19-06. Abortion referrals.

No person while acting in an official capacity as an employee or agent of a school district may refer a student to another person, agency, or entity for the purpose of obtaining an abortion. This provision does not extend to private communications between the employee or agent and a child of the employee or agent.
Between normal childbirth and abortion, it is the policy of the state of North Dakota that normal childbirth is to be given preference, encouragement, and support by law and by state action. A person acting in an official capacity as an employee or agent of a school district, between normal childbirth and abortion, shall give preference, encouragement, and support to normal childbirth. No public school in the state may endorse or support any program that, between normal childbirth and abortion, does not give preference, encouragement, and support to normal childbirth. No public school of the state may authorize a presentation to students that, between normal childbirth and abortion, does not give preference, encouragement, and support to normal childbirth.

Source:

S.L. 1999, ch. 196, § 13; 2011, ch. 109, § 13.

Notes to Decisions

Constitutionality.

House Bill 1297, 2011 N.D. Laws 109, was not declared unconstitutional where a sufficient majority of the Supreme Court of North Dakota could not agree that it was unconstitutional under either the North Dakota Constitution or the United States Constitution as required by N.D. Const. art. VI, § 4. MKB Mgmt. Corp. v. Burdick, 2014 ND 197, 855 N.W.2d 31, 2014 N.D. LEXIS 202 (N.D. 2014).

15.1-19-07. Communicable parasites — Detection and eradication.

The board of a school district may contract with licensed health care personnel to assist in the detection and eradication of communicable parasites.

Source:

S.L. 1999, ch. 196, § 13.

15.1-19-08. Homeless child — Education.

A homeless child is entitled to a free public school education, in the same manner as that provided to other public school students, in accordance with the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77; 101 Stat. 525; 42 U.S.C. 11431 et seq.].
A school district shall allow a nonresident homeless child to attend school.
For the purposes of this section, “homeless child” means a homeless individual as described in the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77, section 103(a); 101 Stat. 485; 42 U.S.C. 11302] and as defined in rules adopted by the superintendent of public instruction.
The superintendent of public instruction shall adopt rules to implement this section. The rules must provide for the educational placement of homeless children according to the child’s best interest.

Source:

S.L. 1999, ch. 196, § 13.

15.1-19-09. Students — Suspension and expulsion — Rules.

The board of a school district shall adopt rules regarding the suspension and expulsion of a student. The rules for expulsion must provide for a procedural due process hearing in the manner provided for in subsection 2 of section 15.1-19-10, before the determination to expel a student is made. A student’s parent or representative must be allowed to participate in the expulsion hearing.
A student may be suspended for up to ten days for insubordination, habitual indolence, disorderly conduct, or for violating a school district weapons policy.
A student enrolled in an alternative education program for which state per student payments are available may be suspended for up to twenty days for insubordination, habitual indolence, disorderly conduct, or for violating a school district weapons policy.
A student, including one enrolled in an alternative education program, may be expelled from school for insubordination, habitual indolence, or disorderly conduct; provided the expulsion does not last beyond the termination of the current school year. A student who violates the school district’s weapons policy may be expelled for up to twelve months.

Source:

S.L. 1999, ch. 196, § 13; 2001, ch. 161, § 21; 2003, ch. 159, § 1.

Collateral References.

Hearing on charges before suspension or expulsion from educational institution, 58 A.L.R.2d 903.

Marriage or pregnancy of public school student as ground for expulsion or exclusion, or of restriction of activities, 11 A.L.R.3d 996.

Participation of student in demonstration on or near campus as warranting expulsion or suspension from school or college, 32 A.L.R.3d 864.

Conduct away from school grounds or not immediately connected with school activities, right to discipline pupil for, 53 A.L.R.3d 1124.

15.1-19-10. Possession of a weapon — Policy — Expulsion from school.

The board of each school district shall adopt a policy governing the possession of weapons and firearms on school property or at a school function and provide for the punishment of any student found to be in violation of the policy.
The policy must prohibit the possession of a weapon or a firearm by a student on school property and at school functions and provide for the punishment of any student found to be in violation. Punishment must include immediate suspension from school and expulsion. A student who possesses a firearm in violation of this section must be expelled for at least one year. The school district firearms policy must authorize the school district superintendent or the school principal, if the school district does not have a superintendent, to modify an expulsion for firearms possession under this section on a case-by-case basis in accordance with criteria established by the board. Before expelling a student, a school board or its designated hearing officer, within ten days of the student’s suspension, shall provide the student with a hearing at which time the school board or its designated hearing officer shall take testimony and consider evidence, including the existence of mitigating circumstances. If a designated hearing officer orders that a student be expelled, the student may seek a review of the decision by the school board, based on the record of the expulsion hearing.
If a school district expels a student under this section, the district may authorize the provision of educational services to the student in an alternative setting.
Actions under this section may not conflict with state special education laws or with the Individuals With Disabilities Education Act [Pub. L. 91-230; 84 Stat. 121; 20 U.S.C. 1400 et seq.].
This section does not apply to any student participating in a school-sponsored shooting sport, provided the student informs the school principal of the student’s participation and the student complies with all requirements set by the principal regarding the safe handling and storage of the firearm.
For purposes of this section:
1. “Firearm” has the meaning provided in Public Law No. 90-351 [82 Stat. 197; 18 U.S.C. 921].
2. “School property” includes all land within the perimeter of the school site and all school buildings, structures, facilities, and school vehicles, whether owned or leased by a school district, and the site of any school-sponsored event or activity.

“Bullying” means:
1. Conduct that occurs in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:
  1. Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;
  2. Places the student in actual and reasonable fear of harm;
  3. Places the student in actual and reasonable fear of damage to property of the student; or
  4. Substantially disrupts the orderly operation of the public school; or
2. Conduct received by a student while the student is in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event and which:
  1. Is so severe, pervasive, or objectively offensive that it substantially interferes with the student’s educational opportunities;
  2. Places the student in actual and reasonable fear of harm;
  3. Places the student in actual and reasonable fear of damage to property of the student; or
  4. Substantially disrupts the orderly operation of the public school; or
3. Conduct received or sent by a student through the use of an electronic device while the student is outside a public school, off school district premises, and off school district owned or leased property which:
  1. Places the student in actual and reasonable fear of:
    1. Harm; or
    2. Damage to property of the student; and
  2. Is so severe, pervasive, or objectively offensive the conduct substantially interferes with the student’s educational opportunities or substantially disrupts the orderly operation of the public school.
“Conduct” includes the use of technology or other electronic media.

Source:

S.L. 2011, ch. 141, § 1; 2019, ch. 164, § 1, eff August 1, 2019.

15.1-19-18. Bullying — Prohibition by policy.

Each school district shall adopt a policy providing that while at a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not:
1. Engage in bullying; or
2. Engage in reprisal or retaliation against:
  1. A victim of bullying;
  2. An individual who witnesses an alleged act of bullying;
  3. An individual who reports an alleged act of bullying; or
  4. An individual who provides information about an alleged act of bullying.
The policy required by this section must:
1. Include a definition of bullying that at least encompasses the conduct described in section 15.1-19-17;
2. Establish procedures for reporting and documenting alleged acts of bullying, reprisal, or retaliation, and include procedures for anonymous reporting of such acts;
3. Establish procedures, including timelines, for school district personnel to follow in investigating reports of alleged bullying, reprisal, or retaliation;
4. Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying, reprisal, or retaliation;
5. Set forth the disciplinary measures applicable to an individual who engaged in bullying or who engaged in reprisal or retaliation, as set forth in subsection 1;
6. Require the notification of law enforcement personnel if school district personnel have a reasonable suspicion that a crime might have occurred on or off school district property;
7. Establish strategies to protect a victim of bullying, reprisal, or retaliation; and
8. Establish disciplinary measures to be imposed upon an individual who makes a false accusation, report, or complaint pertaining to bullying, reprisal, or retaliation.
In developing the bullying policy required by this section, a school district shall involve parents, school district employees, volunteers, students, school district administrators, law enforcement personnel, domestic violence sexual assault organizations as defined by subsection 3 of section 14-07.1-01, and community representatives.
Upon completion of the policy required by this section, a school district shall:
1. Ensure that the policy is explained to and discussed with its students;
2. File a copy of the policy with the superintendent of public instruction; and
3. Make the policy available in student and personnel handbooks.
Each school district shall review and revise its policy as it determines necessary and shall file a copy of the revised policy with the superintendent of public instruction.

Source:

S.L. 2011, ch. 141, § 2; 2019, ch. 164, § 2, eff August 1, 2019.

15.1-19-19. Professional development activities. [Repealed]

15.1-19-24. Youth suicide prevention — Training. [Repealed]

Source:

S.L. 2013, ch. 155, § 1; 2015, ch. 148, § 1, eff August 1, 2015; Repealed by 2017, ch. 350, § 6, eff August 1, 2017.

15.1-19-25. Student journalists — Freedom of expression — Civil remedy.

As used in this section:
1. “Protected activity” means an expression of free speech or freedom of the press.
2. “School-sponsored media” means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public school, distributed or generally made available to members of the student body, and prepared under the direction of a student media adviser. The term does not include any media intended for distribution or transmission solely in the classroom in which the media is produced.
3. “Student journalist” means a public school student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
4. “Student media adviser” means an individual employed, appointed, or designated by a school district to supervise or provide instruction relating to school-sponsored media.
Except as provided in subsection 3, a student journalist has the right to exercise freedom of speech and of the press in school-sponsored media, regardless of whether the media is supported financially by the school district, by use of facilities of the school district, or produced in conjunction with a class in which the student is enrolled. Subject to subsection 3, a student journalist is responsible for determining the news, opinion, feature, and advertising content of school-sponsored media. This subsection may not be construed to prevent a student media adviser from teaching professional standards of English and journalism to student journalists. A student media adviser may not be dismissed, suspended, or disciplined for acting to protect a student journalist engaged in a protected activity or for refusing to infringe on a protected activity.
This section does not authorize or protect expression by a student that:
1. Is libelous, slanderous, or obscene;
2. Constitutes an unwarranted invasion of privacy;
3. Violates federal or state law; or
4. So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of school district policy, or the material and substantial disruption of the orderly operation of the school.
A school district may not authorize any prior restraint of any school-sponsored media except when the media:
1. Is libelous, slanderous, or obscene;
2. Constitutes an unwarranted invasion of privacy;
3. Violates federal or state law; or
4. So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of school district policies, or the material and substantial disruption of the orderly operation of the school.
A school district may not sanction a student operating as an independent journalist.
Each school district shall adopt a written student freedom of expression policy in accordance with this section. The policy must include reasonable provisions for the time, place, and manner of student expression. The policy may also include limitations to language that may be defined as profane, harassing, threatening, or intimidating. An expression of free speech or freedom of the press made by a student journalist under this section may not be construed as an expression of school policy. A school, school official, employee, or parent or legal guardian of a student journalist may not be liable in any civil or criminal action for an expression of free speech or freedom of the press made by a student journalist, except in the case of willful or wanton misconduct.

History. S.L. 2015, ch. 133, § 2, eff August 1, 2015; 2017, ch. 126, § 2, eff August 1, 2017.

Effective Date.

This section became effective August 1, 2015.

15.1-19-26. Prohibition on aiding and abetting sexual abuse.

The state educational agency, or local educational agency that receives federal funds under section 8546 of the Elementary and Secondary Education Act [20 U.S.C. 7926] shall prohibit any individual who is a school employee, contractor, or agent, or any state educational agency or local educational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, there is confirmation, or there is an investigation underway based on a claim the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of law.
Subsection 1 does not apply if:
1. The information has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and any other authorities as required by federal, state, or local law; and
2. 1. The matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law;
  2. The school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or
  3. The case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within one year of the date on which the information was reported to a law enforcement agency.

Any person having responsibility for a child between the ages of seven and sixteen years shall ensure the child attends a public school for the duration of each school year.
If a person enrolls a child of age six in a public school, the person shall ensure the child attends the public school for the duration of each school year. The person may withdraw a child of age six from the public school. However, once the child is withdrawn, the person may not re-enroll the child until the following school year. This subsection does not apply if the reason for the withdrawal is the child’s relocation to another school district.
This section does not apply if a child is exempted under the provisions of section 15.1-20-02.
The attendance of students participating in virtual instruction must be verified by monitoring the student’s progress on academic pacing guides developed by the school district to ensure students are in attendance and receiving sufficient curricular instruction, as defined in rules adopted by the superintendent of public instruction.

Source:

S.L. 2001, ch. 181, § 7; 2001, ch. 189, § 2; 2021, ch. 141, § 8, eff August 1, 2021.

Notes to Decisions

Child Custody.

It was not legal error for the district court to award joint residential responsibility where modification might be inevitable under N.D.C.C. § 14-09-06.6 due to changed circumstances caused by the child reaching school age where compulsory attendance was required under N.D.C.C. § 15.1-20-01(1). Niffenegger v. LaFromboise (In the Interest of S.R.L.), 2013 ND 32, 827 N.W.2d 324, 2013 N.D. LEXIS 28 (N.D. 2013).

DECISIONS UNDER PRIOR LAW

Constitutionality.

Parents who sent their children to a nonapproved fundamental Baptist church school were in violation of the compulsory school attendance law, and application of that law to such parents was not unconstitutional on basis of claim by parents that requiring children to be sent to an approved school was in violation of their rights under the Free Exercise of Religion Clause of the first amendment of the United States Constitution where compulsory school attendance at an approved school would not pose a very real threat of undermining the Bible Baptist Church members’, including the parents’, existing community and religious practices, and any burden imposed on the parents’ free exercise of religion was minimal and far outweighed by the state’s compelling interest in providing education for its people. State v. Shaver, 294 N.W.2d 883, 1980 N.D. LEXIS 248 (N.D. 1980).

Parents violated the compulsory school attendance law where they sent their children to a nonapproved church school because of claim that it would violate their religious beliefs to send their children to teachers who submitted themselves to the state teacher certification process and to a school which submitted itself to the approval process; the compulsory school attendance law, as applied to the parents, did not unduly impinge upon parent’s constitutional right to the free exercise of religion since the state constitutional mandate for the provision of schools and education established a compelling interest by the state in the education of its people, with teacher certification being an acceptable method of satisfying part of that constitutional mandate, and the resulting strain or imposition on the parent’s religious beliefs by the compulsory school attendance law was outbalanced by the state’s compelling interest in the education of its people. State v. Rivinius, 328 N.W.2d 220, 1982 N.D. LEXIS 403 (N.D. 1982), cert. denied, 460 U.S. 1070, 103 S. Ct. 1525, 75 L. Ed. 2d 948, 1983 U.S. LEXIS 3796 (U.S. 1983).

The state has a compelling interest in ensuring that public or nonpublic education is conducted by persons who are knowledgeable and able to impart that knowledge in a manner conducive to a child’s education; therefore, the requirement that a child taught outside the public school system must be taught by a person certified to teach in this state did not unconstitutionally infringe upon the parents’ right to free exercise of religion. State v. Melin, 428 N.W.2d 227, 1988 N.D. LEXIS 175 (N.D.), cert. denied, 488 U.S. 942, 109 S. Ct. 367, 102 L. Ed. 2d 357, 1988 U.S. LEXIS 5035 (U.S. 1988).

Parents who kept their children out of school without applying for an exemption could not challenge the constitutionality of the exemption provisions as a defense to their convictions for violating the school attendance law. State v. Toman, 436 N.W.2d 10, 1989 N.D. LEXIS 20 (N.D. 1989).

Applicability to Parent, Not Child.

Intentional noncompliance with the compulsory attendance law is a violation by the parent, not the child. In Interest of C.S., 382 N.W.2d 381, 1986 N.D. LEXIS 272 (N.D. 1986).

Prior to the 1971 amendment to N.D.C.C. § 27-20-02, “unruly child” was defined as “a child who while subject to compulsory school attendance is habitually and without justification truant from school”. The 1971 amendment deleted the phrase, “while subject to compulsory school attendance”, the sponsor of the bill testifying that the compulsory attendance law applied only to the parent, and not the child. Therefore, it should not be necessary to show a violation of the compulsory attendance law as a prerequisite to finding that a child is habitually truant without justification and, consequently, “unruly”. In Interest of C.S., 382 N.W.2d 381, 1986 N.D. LEXIS 272 (N.D. 1986).

Home Schools.

Home schools using the private school exception to the compulsory school laws do not have to comply with all municipal and state health, fire, and safety laws applicable to private school buildings. Birst v. Sanstead, 493 N.W.2d 690, 1992 N.D. LEXIS 245 (N.D. 1992).

Mandamus.

The father of a minor child, in his custody, may bring mandamus proceedings to force a special school district to accept such child as an eighth grade pupil in its school. Kessler v. Board of Educ., 87 N.W.2d 743 (N.D. 1958), decided prior to the 1961 repeal and reenactment of Chapter 15-29 of the N.D.C.C.

Persons Other Than Parents.

Any person having a child living in his home, even though not his own child, must send it to school. Anderson v. Breithbarth, 62 N.D. 709, 245 N.W. 483, 1932 N.D. LEXIS 236 (N.D. 1932).

Proof of Residency.

A school census taken four months prior to the beginning of the alleged period of violation of this section, which did not reflect residency status during the time in question and was improperly admitted into evidence, and a school superintendent’s testimony referring to a telephone conversation on an unspecified date, failed to support the state’s burden to prove beyond a reasonable doubt the element of residency within the school district. State v. Lund, 424 N.W.2d 645, 1988 N.D. LEXIS 134 (N.D. 1988).

In a criminal prosecution of parents for violation of the compulsory school attendance law, a school district census exhibit was not furnished to defense counsel until during the trial; therefore, the trial court abused its discretion by admitting the exhibit, since admitting the exhibit violated Rule 803(8), N.D. R.E., and precluded the defendants from having a fair opportunity to prepare to meet the exhibit. State v. Lund, 424 N.W.2d 645, 1988 N.D. LEXIS 134 (N.D. 1988).

Collateral References.

Releasing public school pupils from attendance for purposes of attending religious education classes, 2 A.L.R.2d 1371.

Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law, 3 A.L.R.2d 1401.

Applicability of compulsory attendance law covering children of a specified age, with respect to a child who has passed the anniversary date of such age, 73 A.L.R.2d 874.

Law Reviews.

Summary of significant decisions rendered by North Dakota Supreme Court in 1989 relating to education, 65 N.D. L. Rev. 569 (1989).

15.1-20-02. Compulsory attendance — Exceptions.

The provisions of section 15.1-20-01 do not apply if the person having responsibility for the child demonstrates to the satisfaction of the school board that:
1. The child is in attendance for the same length of time at an approved nonpublic school;
2. The child has completed high school;
3. The child is necessary to the support of the child’s family;
4. A multidisciplinary team that includes the child’s school district superintendent, the director of the child’s special education unit, the child’s classroom teacher, the child’s physician, and the child’s parent has determined that the child has a disability that renders attendance or participation in a regular or special education program inexpedient or impracticable; or
5. The child is receiving home education.
A decision by the board of a school district under subsection 1 is appealable to the district court.

Source:

S.L. 2001, ch. 181, § 7; 2005, ch. 166, § 1.

DECISIONS UNDER PRIOR LAW

Constitutionality.

Teacher certification and advance government approval of nonpublic schools under subdivision 1 of this section is a permissible contact between the state and nonpublic schools and does not violate the Establishment Clause. State v. Anderson, 427 N.W.2d 316, 1988 N.D. LEXIS 148 (N.D.), cert. denied, 488 U.S. 965, 109 S. Ct. 491, 102 L. Ed. 2d 528, 1988 U.S. LEXIS 5256 (U.S. 1988).

This section requires the local school board to monitor whether or not a school-age child is attending a school that has been approved by the county superintendent of schools and superintendent of public instruction, and attendance at an approved private or parochial school automatically satisfies the compulsory attendance law; therefore, the local school board’s act is a ministerial function rather than a discretionary, decision-making function, and this section does not violate the Due Process Clause of the United States Constitution. State v. Anderson, 427 N.W.2d 316, 1988 N.D. LEXIS 148 (N.D.), cert. denied, 488 U.S. 965, 109 S. Ct. 491, 102 L. Ed. 2d 528, 1988 U.S. LEXIS 5256 (U.S. 1988).

Where school board denied parents’ “physical or mental condition” and “economic hardship” exemptions for their child, the statutory scheme for granting exemptions to the compulsory school attendance law under subdivisions 3 and 4 did not violate due process; the parents failed to show that probability of actual bias on the part of public school officials approached a constitutionally impermissible level, and there was no factual evidence in the record which reflected actual bias on the part of school officials. State v. Brewer, 444 N.W.2d 923, 1989 N.D. LEXIS 164 (N.D. 1989).

Appellate Procedure.

Former section 28-32-15 (now N.D.C.C. § 28-32-42), which authorizes appeals from administrative agency decisions, is not applicable to an appeal from the state superintendent’s review of a decision made by a county superintendent to deny plaintiffs’ request that their children be exempted from compulsory school attendance. The superintendent of public instruction is not an administrative agency except with respect to rules prescribed under former section 15-21-07 and rules relating to teacher certification or professional codes and standards act, this was not an appeal from the rulemaking function of the state superintendent. Van Inwagen v. Sanstead, 440 N.W.2d 513, 1989 N.D. LEXIS 95 (N.D. 1989).

Exemption Application Requirement.

Home-Based Instruction.

Families educating their children at home were free to elect between the private school exception and the new home-based instruction exception to the compulsory school attendance laws. Birst v. Sanstead, 493 N.W.2d 690, 1992 N.D. LEXIS 245 (N.D. 1992).

Home schools using the private school exception to the compulsory school attendance laws do not have to comply with all municipal and state health, fire, and safety laws applicable to private school buildings. Birst v. Sanstead, 493 N.W.2d 690, 1992 N.D. LEXIS 245 (N.D. 1992).

Penalty.

Where school board of common school district offered to pay fifty cents a day per family for transporting pupils living more than two and one-fourth miles from the school, but did not offer actual carriage of the children, the parent or guardian was not subject to penalties for violating the compulsory school attendance law. State ex rel. Fried v. McDonald, 53 N.D. 723, 208 N.W. 99, 1926 N.D. LEXIS 25 (N.D. 1926).

“Physical or Mental Condition” Exemption.

School board properly denied parents’ application for a “physical or mental condition” exemption for their daughter; legislative history of a 1983 amendment to the “physical or mental condition” exemption indicates that that exemption was intended to address situations involving terminally ill and mentally retarded individuals and there was nothing to indicate that child fairly came within the ordinary meaning of those terms. State v. Brewer, 444 N.W.2d 923, 1989 N.D. LEXIS 164 (N.D. 1989).

Teacher Certification and Religious Interests.

The state has an interest in the teacher certification feature of the compulsory school attendance laws which is of sufficient magnitude to override the burden imposed upon the religious interests claimed by parents who refused to send their children to school and instead sought, without teacher certification, to educate them in their homes. State v. Patzer, 382 N.W.2d 631, 1986 N.D. LEXIS 268 (N.D.), cert. denied, 479 U.S. 825, 107 S. Ct. 99, 93 L. Ed. 2d 50, 1986 U.S. LEXIS 3484 (U.S. 1986).

Balancing the defendants’ religious beliefs and the nature of the burden imposed upon those beliefs by the teacher certification requirement against the state’s interest in certification as a means of ensuring that its children are educated by capable persons, the supreme court of North Dakota finds the balance in this case tips in favor of the state. State v. Patzer, 382 N.W.2d 631, 1986 N.D. LEXIS 268 (N.D.), cert. denied, 479 U.S. 825, 107 S. Ct. 99, 93 L. Ed. 2d 50, 1986 U.S. LEXIS 3484 (U.S. 1986).

Parents do not have the right, because of their religious beliefs, to educate their children at home without complying with a law requiring certification of all persons who give instruction to children within the state. State v. Patzer, 382 N.W.2d 631, 1986 N.D. LEXIS 268 (N.D.), cert. denied, 479 U.S. 825, 107 S. Ct. 99, 93 L. Ed. 2d 50, 1986 U.S. LEXIS 3484 (U.S. 1986).

Teacher certification appears to be among the least personally intrusive methods now available to satisfy the state’s prime interest in seeing that its children are taught by capable persons. State v. Patzer, 382 N.W.2d 631, 1986 N.D. LEXIS 268 (N.D.), cert. denied, 479 U.S. 825, 107 S. Ct. 99, 93 L. Ed. 2d 50, 1986 U.S. LEXIS 3484 (U.S. 1986).

The teacher certification requirement for instructors in public, non-public, or home schools is a reasonably narrow one and is amply justified. State v. Patzer, 382 N.W.2d 631, 1986 N.D. LEXIS 268 (N.D.), cert. denied, 479 U.S. 825, 107 S. Ct. 99, 93 L. Ed. 2d 50, 1986 U.S. LEXIS 3484 (U.S. 1986).

Although the parents’ religious beliefs were sincere and teacher certification had an adverse effect on the practice of their religion, the State had a compelling interest in the education of children, and teacher certification is the least restrictive alternative to satisfy the State’s compelling interest in education; therefore, the requirement for teacher certification does not violate the free exercise clause of the First Amendment of the United States Constitution.State v. Anderson, 427 N.W.2d 316, 1988 N.D. LEXIS 148 (N.D.), cert. denied, 488 U.S. 965, 109 S. Ct. 491, 102 L. Ed. 2d 528, 1988 U.S. LEXIS 5256 (U.S. 1988).

State’s appeal from a judgment of “not guilty,” entered upon a dismissal of a complaint charging the defendants with violating the compulsory school-attendance law, did not violate the defendants’ double jeopardy rights, because the trial court determination that the teacher certification requirement was an unconstitutional infringement of the defendants’ right to free exercise of religion was not a resolution of some or all of the factual elements of the offense charged and was not an acquittal. State v. Melin, 428 N.W.2d 227, 1988 N.D. LEXIS 175 (N.D.), cert. denied, 488 U.S. 942, 109 S. Ct. 367, 102 L. Ed. 2d 357, 1988 U.S. LEXIS 5035 (U.S. 1988).

Collateral References.

School, AIDS infection as affecting right to attend, 60 A.L.R.4th 15.

15.1-20-02.1. Attendance — Determination — Policies.

To be deemed in attendance for purposes of this chapter, a student may not be absent from school without excuse for more than:
1. Three consecutive school days during either the first half or the second half of a school or school district’s calendar;
2. Six half days during either the first half or the second half of a school or school district’s calendar; or
3. Twenty-one class periods.
The board of each school district and governing body of each nonpublic school shall adopt a policy that:
1. Defines an excused absence as any absence from school, if that absence is supported by either a verbal or written excuse supplied by the student’s parent, teacher, or school administrator; and
2. Articulates the type of documentation that may be requested to verify a student’s absence.
This chapter does not preclude a school district or nonpublic school from withholding credit, removing a student from a course, or taking other punitive measures against a student who does not arrive in a timely fashion or who exceeds a specific number of absences, as determined by the school district or nonpublic school.

Source:

S.L. 2011, ch. 142, § 1.

15.1-20-03. Compulsory attendance law — Enforcement — Penalty.

Each teacher and administrator is charged with the enforcement of compulsory attendance provisions. The compulsory attendance provisions are applicable to any student who is offered school facilities by a school district, regardless of whether or not the student actually resides in the district.
If a teacher determines that a student is not in attendance as required by this chapter and that the student has not been excused in accordance with this chapter or in accordance with the school district’s or nonpublic school’s policies, the teacher shall notify the administrator of the school.
Upon receiving notice of a student’s absence under subsection 2, the administrator shall initiate an investigation into the cause of the absence. If the administrator has reason to believe that the person having responsibility for the student has failed to ensure that the student is in attendance, the administrator shall refer the matter to the local law enforcement agency.
Any person who fails to ensure that a student is in attendance as required by this chapter is guilty of an infraction for a first offense and is guilty of a class B misdemeanor for a second or subsequent offense.
In a prosecution for an offense under this section, it is an affirmative defense if the person responsible for ensuring that the student is in attendance has made substantial and reasonable efforts to comply with the requirements of this section, but is unable to compel the student to attend school. If the court determines that the affirmative defense is valid, the court shall dismiss the complaint against the person.

Source:

S.L. 2001, ch. 181, § 7; 2009, ch. 174, § 1; 2011, ch. 142, § 2.

Collateral References.

S.L. 2001, ch. 181, § 7; 2013, ch. 63, § 4.

CHAPTER 15.1-21 Curriculum and Testing

15.1-21-01. Elementary and middle schools — Required instruction.

In order to be approved by the superintendent of public instruction, each public and nonpublic elementary and middle school shall provide to students instruction in:

English language arts, including reading, composition, creative writing, English grammar, and spelling.
Mathematics.
Social studies, including:
1. The United States Constitution;
2. United States history;
3. Geography;
4. Government; and
5. North Dakota studies, with an emphasis on geography, history, the federally recognized Indian tribes in the state, and agriculture of this state, in the fourth and eighth grades.
Science, including agriculture.
Physical education.
Health, including physiology, hygiene, disease control, and the nature and effects of alcohol, tobacco, and narcotics.

Source:

S.L. 2001, ch. 181, § 8; 2007, ch. 174, § 1; 2021, ch. 153, § 1, eff August 1, 2021.

15.1-21-02. High schools — Required units.

In order to be approved by the superintendent of public instruction, each public and nonpublic high school shall provide instruction in or make available to each student:
1. Four units of English language arts from a sequence that includes literature, composition, and speech;
2. Four units of mathematics, including:
  1. One unit of algebra II; and
  2. One unit for which algebra II is a prerequisite;
3. Four units of science, including:
  1. One unit of physical science; and
  2. One unit of biology;
4. Four units of social studies, including:
  1. One unit of world history;
  2. One unit of United States history, including Native American tribal history; and
  3. 1. One unit of problems of democracy; or
    2. One-half unit of United States government and one-half unit of economics;
5. One-half unit of health;
6. One-half unit of physical education during each school year, provided that once every four years the unit must be a concept-based fitness class that includes instruction in the assessment, improvement, and maintenance of personal fitness;
7. Two units of fine arts, at least one of which must be music;
8. Two units of the same foreign or native American language;
9. One unit of an advanced placement course or one unit of a dual-credit course; and
10. Two units of career and technical education from a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction.
In addition to the requirements of subsection 1, each public and nonpublic high school shall make available to each student, at least once every two years, one-half unit of North Dakota studies, with an emphasis on the geography, history, and agriculture of this state.
Each unit which must be made available under this section must meet or exceed the state content standards, unless a school district or governing board of a nonpublic high school has adopted a mastery framework policy and awards units based on the successful completion of the relevant portions of the North Dakota learning continuum. A mastery framework policy adopted by a school district or governing board of a nonpublic high school must identify the portions of the North Dakota learning continuum which must be mastered for a student to attain units necessary for high school graduation under section 15.1-21-02.2.
For purposes of this section, unless the context otherwise requires, “make available” means that:
1. Each public high school and nonpublic high school shall allow students to select units over the course of a high school career from a list that includes at least those required by this section;
2. If a student selects a unit from the list required by this section, the public high school or the nonpublic high school shall provide the unit to the student; and
3. The unit may be provided to the student through any delivery method not contrary to state law and may include classroom or individual instruction and distance learning options, including interactive video, computer instruction, correspondence courses, and postsecondary enrollment under chapter 15.1-25.
The board of a school district may not impose any fees or charges upon a student for the provision of or participation in units as provided in this section, other than the fees permitted by section 15.1-09-36.
If in order to meet the minimum requirements of this section a school district includes academic courses offered by a postsecondary institution under chapter 15.1-25, the school district shall:
1. Pay all costs of the student’s attendance, except those fees that are permissible under section 15.1-09-36; and
2. Transport the student to and from the location at which the course is offered or provide mileage reimbursement to the student if transportation is provided by the student or the student’s family.
The requirements of this section do not apply to alternative high schools or alternative high school education programs.
The requirements of subdivisions g and h of subsection 1 do not apply to the North Dakota youth correctional center.

Source:

S.L. 2001, ch. 181, § 8; 2003 ch. 138, § 65; 2003 Sp., ch. 667, § 7; 2005, ch. 165, § 1; 2007, ch. 175, § 1; 2007, ch. 174, § 2; 2007, ch. 176, § 1; 2009, ch. 175, § 14; 2021, ch. 136, § 4, eff August 1, 2021; 2021, ch. 153, § 2, eff August 1, 2021.

Effective Date.

The 2003 amendment of this section by section 7 of chapter 667, S.L. 2003, Sp. becomes effective on July 1, 2005, pursuant to section 42 of chapter 667, S.L. 2003, Sp.

Note.

Section 15.1-21-02 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 136, Session Laws 2021, Senate Bill 2196; and Section 2 of Chapter 153, Session Laws 2021, Senate Bill 2304.

15.1-21-02.1. High school diploma — Minimum units.

Except as provided in section 15.1-21-02.3 or as otherwise agreed to in the compact on educational opportunity for military children, before a school district, a nonpublic high school, or the center for distance education issues a high school diploma to a student, the student must have successfully completed:

The twenty-two units of high school coursework set forth in section 15.1-21-02.2; and
Any additional units of high school coursework required by the issuing entity, two of which may be theological studies if taught in a nonpublic school by an approved theological studies instructor.

Source:

S.L. 2003, ch. 160, § 1; 2007, ch. 156, § 8; 2007, ch. 177, § 1; 2009, ch. 175, § 15; 2011, ch. 129, § 3; 2011, ch. 137, § 2; 2011, ch. 147, § 9; 2013, ch. 146, § 6; 2017, ch. 57, § 4, eff August 1, 2017.

15.1-21-02.2. High school graduation — Minimum requirements. [Effective through July 31, 2024]

Except as provided in section 15.1-21-02.3 and subsection 2, the following twenty-two units of high school coursework constitute the minimum requirement for high school graduation:
1. Four units of English language arts from a sequence that includes literature, composition, and speech;
2. Three units of mathematics, which may include one unit of computer science approved by the superintendent of public instruction;
3. Three units of science, consisting of:
  1. 1. One unit of biology;
    2. One unit of chemistry; and
    3. One unit of physics; or
  2. 1. One unit of biology;
    2. One unit of physical science; and
    3. One unit or two one-half units of any other science;
4. Three units of social studies, including:
  1. One unit of United States history;
  2. 1. One-half unit of United States government and one-half unit of economics; or
    2. One unit of problems of democracy; and
  3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
5. 1. One unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. Three units of:
  1. Foreign languages;
  2. Native American languages;
  3. Fine arts; or
  4. Career and technical education courses; and
7. Any five additional units.
If approved by the board of a school district or nonpublic school, a school district or nonpublic school may develop eligibility criteria or programmatic requirements to allow a passing score on the relevant portions of the GED assessment to receive credit for the corresponding requirements of subdivisions a through d of subsection 1.

Source:

S.L. 2007, ch. 177, § 2.; 2017, ch. 140, § 1, eff August 1, 2017; 2017, ch. 141, § 1, eff August 1, 2017; 2021, ch. 154, § 1, eff August 1, 2021.

Note.

Section 15.1-21-02.2 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 147, Session Laws 2021, Senate Bill 2147; and Section 3 of Chapter 153, Session Laws 2021, Senate Bill 2304.

Section 15.1-21-02.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 141, Session Laws 2017, Senate Bill 2185; and Section 1 of Chapter 140, Session Laws 2017, Senate Bill 2091.

15.1-21-02.2. High school graduation — Minimum requirements. [Effective August 1, 2024]

Except as provided in section 15.1-21-02.3 and subsection 2, the following twenty-two units of high school coursework constitute the minimum requirement for high school graduation:
1. Four units of English language arts from a sequence that includes literature, composition, and speech;
2. Three units of mathematics, which may include one unit of computer science approved by the superintendent of public instruction;
3. Three units of science, consisting of:
  1. 1. One unit of biology;
    2. One unit of chemistry; and
    3. One unit of physics; or
  2. 1. One unit of biology;
    2. One unit of physical science; and
    3. One unit or two one-half units of any other science;
4. Three units of social studies, including:
  1. One unit of United States history, including Native American tribal history;
  2. 1. One-half unit of United States government and one-half unit of economics; or
    2. One unit of problems of democracy; and
  3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
5. 1. One unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. Three units of:
  1. Foreign languages;
  2. Native American languages;
  3. Fine arts; or
  4. Career and technical education courses; and
7. Any five additional units.
If approved by the board of a school district or nonpublic school, a school district or nonpublic school may develop eligibility criteria or programmatic requirements to allow a passing score on the relevant portions of the GED assessment to receive credit for the corresponding requirements of subdivisions a through d of subsection 1.

Source:

S.L. 2007, ch. 177, § 2.; 2017, ch. 140, § 1, eff August 1, 2017; 2017, ch. 141, § 1, eff August 1, 2017; 2021, ch. 154, § 1, eff August 1, 2021; 2021, ch. 154, § 1, eff August 1, 2021; 2021, ch. 153, § 3, eff August 1, 2025.

15.1-21-02.3. Optional high school curriculum — Requirements.

If after completing at least two years of high school a student has failed to pass at least one-half unit from three subdivisions in subsection 1 of section 15.1-21-02.2 or has a grade point average at or below the twenty-fifth percentile of other students in the district who are enrolled in the same grade, the student may request the student’s career advisor, guidance counselor, or principal meet with the student and the student’s parent to determine whether the student should be permitted to pursue an optional high school curriculum, in place of the requirements set forth in section 15.1-21-02.2. If a student’s parent consents in writing to the student pursuing the optional high school curriculum, the student is eligible to receive a high school diploma upon completing the following requirements:
1. Four units of English language arts from a sequence that includes literature, composition, and speech;
2. Two units of mathematics;
3. Two units of science;
4. Three units of social studies, which may include up to one-half unit of North Dakota studies and one-half unit of multicultural studies;
5. 1. One unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. Two units of:
  1. Foreign languages;
  2. Native American languages;
  3. Fine arts; or
  4. Career and technical education courses; and
7. Any seven additional units.
If approved by the board of a school district or nonpublic school, a school district or nonpublic school may develop eligibility criteria or programmatic requirements to allow a passing score on the relevant portions of the GED assessment to receive credit for the corresponding requirements of subdivisions a through d of subsection 1.

Source:

S.L. 2009, ch. 175, § 16; 2021, ch. 154, § 2, eff August 1, 2021.

15.1-21-02.4. North Dakota career and technical education scholarship. (Effective through July 31, 2021) [Effective through August 20, 2021]

Any resident student who graduates from a high school during or after the 2010-11 school year and any resident student who completes a program of home education supervised in accordance with chapter 15.1-23 during or after the 2012-13 school year is eligible to receive a North Dakota career and technical education scholarship provided the student:
1. Completed four units of English language arts from a sequence that includes literature, composition, and speech;
2. Completed three units of mathematics, including:
  1. One unit of algebra II, as defined by the superintendent of public instruction; and
  2. Two units of any other mathematics, which may include one unit of computer science;
3. Completed three units of science, consisting of:
  1. 1. One unit of biology;
    2. One unit of chemistry; and
    3. One unit of physics; or
  2. 1. One unit of biology;
    2. One unit of physical science; and
    3. One unit or two one-half units of any other science;
4. Completed three units of social studies, including:
  1. One unit of United States history;
  2. 1. One-half unit of United States government and one-half unit of economics; or
    2. One unit of problems of democracy; and
  3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
5. 1. Completed one unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. Completed:
  1. One unit selected from:
    1. Foreign languages;
    2. Native American languages;
    3. American sign language;
    4. Fine arts; or
    5. Career and technical education courses; and
  2. Two units of a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction or an education pathway approved by the superintendent of public instruction. The education pathway must consist of two units in teaching profession and educational methodology and at least one additional unit in advanced placement or dual-credit psychology, child development, peer-to-peer leadership, or child-related careers;
7. Completed any five additional units, two of which must be in the area of career and technical education;
8. 1. (a) Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based on all high school units in which the student was enrolled; and
  2. 1. Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based only on the units required by subsections 1 through 7; and
    2. Obtained a grade of at least “C” in each unit or one-half unit, except as provided under subsection 2 ; and
9. Received:
  1. A composite score of at least twenty-four on an ACT; or
  2. A score of at least five on each of three WorkKeys assessments recommended by the department of career and technical education and approved by the superintendent of public instruction.
A resident high school student is exempt from the requirements in subparagraph b of paragraph 1 of subdivision h of subsection 1 and subparagraph b of paragraph 2 of subdivision h of subsection 1 for units earned during a semester, quarter, or term that includes March, April, or May of 2020.
1. Completed four units of English language arts from a sequence that includes literature, composition, and speech;
2. Completed three units of mathematics, including:
  1. One unit of algebra II, as defined by the superintendent of public instruction; and
  2. Two units of any other mathematics, which may include one unit of computer science;
3. Completed three units of science, consisting of:
  1. 1. One unit of biology;
    2. One unit of chemistry; and
    3. One unit of physics; or
  2. 1. One unit of biology;
    2. One unit of physical science; and
    3. One unit or two one-half units of any other science;
4. Completed three units of social studies, including:
  1. One unit of United States history;
  2. 1. One-half unit of United States government and one-half unit of economics; or
    2. One unit of problems of democracy; and
  3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
5. 1. Completed one unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. Completed:
  1. One unit selected from:
    1. Foreign languages;
    2. Native American languages;
    3. American sign language;
    4. Fine arts; or
    5. Career and technical education courses; and
  2. Two units of a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction or an education pathway approved by the superintendent of public instruction which may be governed by rules adopted by the superintendent of public instruction;
7. Completed any five additional units, two of which must be in the area of career and technical education;
8. 1. (a) Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based on all high school units in which the student was enrolled; and
  2. 1. Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based only on the units required by subsections 1 through 7; and
    2. Obtained a grade of at least “C” in each unit or one-half unit, except as provided under subsection 2 ; and
9. Received:
  1. A composite score of at least twenty-four on an ACT; or
  2. A score of at least five on each of three WorkKeys assessments recommended by the department of career and technical education and approved by the superintendent of public instruction.

(b) Obtained a grade of at least “C” in each unit or one-half unit, except as provided under subsection 2 ; or

North Dakota career and technical education scholarship. (Effective after July 31, 2021)

1. Any resident student who graduates from a high school during or after the 2010-11 school year and any resident student who completes a program of home education supervised in accordance with chapter 15.1-23 during or after the 2012-13 school year is eligible to receive a North Dakota career and technical education scholarship provided the student:

(b) Obtained a grade of at least “C” in each unit or one-half unit, except as provided under subsection 2; or

2. A resident high school student is exempt from the requirements in subparagraph b of paragraph 1 of subdivision h of subsection 1 and subparagraph b of paragraph 2 of subdivision h of subsection 1 for units earned during a semester, quarter, or term that includes March, April, or May of 2020.

Source:

S.L. 2009, ch. 175, § 17; 2011, ch. 147, § 11; 2013, ch. 156, § 1; 2017, ch. 140, § 2, eff August 1, 2017; 2017, ch. 141, § 2, eff August 1, 2017; 2019, ch. 167, § 1, eff August 1, 2019; 2019, ch. 167, § 2, eff August 21, 2021; 2019, ch. 167, § 1, eff August 1, 2019; 2021, ch. 155, § 1; 2021, ch. 156, § 1, eff August 1, 2021; 2021, ch. 157, § 1, eff March 22, 2021; 2021, ch. 158, § 3, eff August 1, 2021; 2021, ch. 155, § 1.

15.1-21-02.4. North Dakota career and technical education scholarship. [Effective August 21, 2021]

Any resident student who graduates from a high school during or after the 2010-11 school year and any resident student who completes a program of home education supervised in accordance with chapter 15.1-23 during or after the 2012-13 school year is eligible to receive a North Dakota career and technical education scholarship provided the student:

Completed four units of English language arts from a sequence that includes literature, composition, and speech;
Completed three units of mathematics, including:
1. One unit of algebra II, as defined by the superintendent of public instruction; and
2. Two units of any other mathematics, which may include one unit of computer science;
Completed three units of science, consisting of:
1. 1. One unit of biology;
  2. One unit of chemistry; and
  3. One unit of physics; or
2. 1. One unit of biology;
  2. One unit of physical science; and
  3. One unit or two one-half units of any other science;
Completed three units of social studies, including:
1. One unit of United States history;
2. 1. One-half unit of United States government and one-half unit of economics; or
  2. One unit of problems of democracy; and
3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
1. Completed one unit of physical education; or
2. One-half unit of physical education and one-half unit of health;
Completed:
1. One unit selected from:
  1. Foreign languages;
  2. Native American languages;
  3. American sign language;
  4. Fine arts; or
  5. Career and technical education courses; and
2. Two units of a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction or an education pathway approved by the superintendent of public instruction. The education pathway must consist of two units in teaching profession and educational methodology and at least one additional unit in advanced placement or dual-credit psychology, child development, peer-to-peer leadership, or child-related careers;
Completed any five additional units, two of which must be in the area of career and technical education;
1. (1) Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based on all high school units in which the student was enrolled; and
2. 1. Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, as determined by the superintendent of public instruction, based only on the units required by subsections 1 through 7; and
  2. Obtained a grade of at least “C” in each unit or one-half unit; and
Received:
1. A composite score of at least twenty-four on an ACT; or
2. A score of at least five on each of three WorkKeys assessments recommended by the department of career and technical education and approved by the superintendent of public instruction.

(2) Obtained a grade of at least “C” in each unit or one-half unit; or

Source:

15.1-21-02.5. North Dakota academic scholarship. [Repealed effective August 1, 2024]

Any resident student who graduates from a high school during or after the 2010-11 school year and any resident student who completes a program of home education supervised in accordance with chapter 15.1-23 during or after the 2012-13 school year is eligible to receive a North Dakota academic scholarship provided the student:
1. Completed four units of English language arts from a sequence that includes literature, composition, and speech;
2. Completed three units of mathematics, including:
  1. One unit of algebra II, as defined by the superintendent of public instruction;
  2. One unit of mathematics for which algebra II, as defined by the superintendent of public instruction, is a prerequisite; and
  3. One unit of any other mathematics, which may include computer science;
3. Completed three units of science, consisting of:
  1. 1. One unit of biology;
    2. One unit of chemistry; and
    3. One unit of physics; or
  2. 1. One unit of biology;
    2. One unit of physical science; and
    3. One unit or two one-half units of any other science;
4. Completed three units of social studies, including:
  1. One unit of United States history;
  2. 1. One-half unit of United States government and one-half unit of economics; or
    2. One unit of problems of democracy; and
  3. One unit or two one-half units of any other social studies, which may include civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history;
5. 1. Completed one unit of physical education; or
  2. One-half unit of physical education and one-half unit of health;
6. 1. Completed two units of:
    1. The same foreign language;
    2. The same native American language;
    3. American sign language; or
    4. Career and technical education from a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction or an education pathway, approved by the superintendent of public instruction. The education pathway must consist of one-unit in teaching profession and educational methodology and at least one additional unit in advanced placement or dual-credit psychology, child development, peer-to-peer leadership, or child-related careers; and
  2. One unit selected from:
    1. Foreign languages;
    2. Native American languages;
    3. American sign language;
    4. Fine arts; or
    5. Career and technical education;
7. Completed any five additional units;
8. 1. (a) Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, or an equivalent course proficiency score if the student was enrolled in a school district participating in an approved innovative education program under section 15.1-06-08.2 and the school district obtained a waiver under section 15.1-06-08.1, as determined by the superintendent of public instruction, based on all high school units in which the student was enrolled; and
  2. 1. Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, or an equivalent course proficiency score if the student was enrolled in a school district participating in an approved innovative education program under section 15.1-06-08.2 and the school district obtained a waiver under section 15.1-06-08.1, as determined by the superintendent of public instruction, based only on the units required by subsections 1 through 7; and
    2. Obtained a grade of at least “C”, or an equivalent course proficiency score, in each unit or one-half unit, except as provided under subsection 2;
9. Received a composite score of at least twenty-four on an ACT or an equivalent score on a nationally recognized standardized test approved by the state board of higher education; and
10. 1. Fulfilled any one unit requirement set forth in subsections 1 through 7 by means of an advanced placement course and examination;
  2. Fulfilled any one unit requirement set forth in subsections 1 through 4 or 6 by completion, through an early entrance program, of a nonremedial postsecondary course offered for credit at an accredited institution of higher education which has a physical presence in this state; or
  3. Fulfilled any one-half unit requirement set forth in subsections 1 through 7 by means of a dual-credit course.
A resident high school student is exempt from the requirements in subparagraph b of paragraph 1 of subdivision h of subsection 1 and subparagraph b of paragraph 2 of subdivision h of subsection 1 for units earned during a semester, quarter, or term that includes March, April, or May of 2020.

(b) Obtained a grade of at least “C”, or an equivalent course proficiency score, in each unit or one-half unit, except as provided under subsection 2; or

Source:

S.L. 2009, ch. 175, § 18; 2011, ch. 147, § 12; 2013, ch. 156, § 2; 2013, ch. 157, § 1; 2015, ch. 149, § 1, eff August 1, 2015; 2017, ch. 140, § 3, eff August 1, 2017; 2017, ch. 141, § 3, eff August 1, 2017; 2019, ch. 167, § 3, eff August 1, 2019; 2021, ch. 155, § 2, eff March 25, 2021; 2021, ch. 156, § 2, eff August 1, 2021; 2021, ch. 157, § 2, eff March 22, 2021; 2021, ch. 158, § 4, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 149, S.L. 2015 became effective August 1, 2015.

15.1-21-02.5. North Dakota academic scholarship. [Repealed effective August 1, 2024]

Source:

Note.

Section 15.1-21-02.5 was amended 4 times and repealed by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is treated as repealed. Section 2 of Chapter 156, Session Laws 2021, House Bill 1135; Section 2 of Chapter 155, Session Laws 2021, House Bill 1083; Section 2 of Chapter 157, Session Laws 2021, Senate Bill 2136; Section 4 of chapter 158, Session Laws 2021, Senate Bill 2141; and Section 10 of Chapter 159, Session Laws 2021, Senate Bill 2289.

15.1-21-02.6. North Dakota scholarship — Amount — Applicability. [Effective August 1, 2024]

1. The state board of higher education shall provide to any student certified as being eligible by the superintendent of public instruction a North Dakota scholarship, a North Dakota academic scholarship, or a North Dakota career and technical education scholarship in the amount of seven hundred fifty dollars for each semester during which the student is enrolled full time at an accredited institution of higher education with a physical presence in this state, maintains a cumulative grade point average of 2.75, and maintains progress toward program completion.
2. The state board of higher education shall provide to any student certified as being eligible by the superintendent of public instruction a North Dakota scholarship, a North Dakota academic scholarship, or a North Dakota career and technical education scholarship in the amount of five hundred dollars for each quarter or clock-hour term during which the student is enrolled full time at an accredited institution of higher education with a physical presence in this state or an accredited private career school with a physical presence in this state, maintains a cumulative grade point average of 2.75, and maintains progress toward program completion.
The state board shall monitor each scholarship recipient to ensure the student meets the academic and other requirements of this section. Upon determining a recipient student has failed to meet the requirements of this section, the board shall provide notification to the student within ten business days.
A student is not entitled to receive more than six thousand dollars under this section.
The state board of higher education shall forward the scholarship directly to the institution in which the student is enrolled.
1. A scholarship under this section is valid only for six academic years after the student’s graduation from high school and may be applied to a graduate or professional program.
A scholarship under this section is available to any eligible resident student who fulfills the requirements of section 15.1-21-02.4, section 15.1-21-02.5, or 15.1-21-02.10 and who:
1. Graduates from a high school in this state;
2. Graduates from a high school in a bordering state under chapter 15.1-29;
3. Graduates from a nonpublic high school in a bordering state while residing with a custodial parent in this state; or
4. Completes a program of home education supervised in accordance with chapter 15.1-23.
1. For purposes of North Dakota scholarship eligibility under this section, “full-time” has the same meaning as the term is defined by the institution the student is attending.
2. A student who is enrolled less than full-time may retain scholarship eligibility if the student is in the final semester, , quarter, or clock-hour term before program completion. The waiver of the full-time enrollment status requirement for scholarship eligibility may not apply to a student more than once.
3. For the purpose of North Dakota scholarship eligibility under this section, “progress toward program completion” means earning the following minimum number of credits after each semester, quarter, or clock-hour term disbursement to qualify for the subsequent disbursement:
  1. Twenty-four credits after disbursement two;
  2. Thirty-nine credits after disbursement three;
  3. Fifty-four credits after disbursement four;
  4. Sixty-nine credits after disbursement five;
  5. Eighty-four credits after disbursement six; and
  6. Ninety-nine credits after disbursement seven.
For purposes of scholarship eligibility under this section, "clock hour term" has the same meaning as the term is defined by the state board of higher education. The state board of higher education shall determine the conversion of:
1. Clock hours to credit hours; and
2. Percentage based grading to grade point average.

This section does not require a student to be enrolled in consecutive semesters, quarters, or clock-hour terms.

Source:

S.L. 2009, ch. 175, § 19; 2011, ch. 143, § 1; 2011, ch. 147, § 13; 2013, ch. 156, § 3; 2013, ch. 157, § 2; 2015, ch. 150, § 1, eff August 1, 2015; 2015, ch. 151, § 1, eff August 1, 2015; 2017, ch. 142, § 1, eff August 1, 2017; 2019, ch. 38, § 19, eff July 1, 2019; 2021, ch. 159, § 4, eff August 1, 2021; 2021, ch. 159, § 5, eff August 1, 2024.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 150, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 151, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 3 of chapter 156, S.L. 2013 became effective April 30, 2013, pursuant to an emergency clause in section 4 of ch. 156, S.L. 2013.

Note.

Section 15.1-21-02.6 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 157, Session Laws 2021, Senate Bill 2136; Section 4 of Chapter 159, Session Laws 2021, Senate Bill 2289; and Section 5 of Chapter 159, Session Laws 2021, Senate Bill 2289.

Section 15.1-21-02.6 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 151, Session Laws 2015, Senate Bill 2075; and Section 1 of Chapter 150, Session Laws 2015, Senate Bill 2074.

15.1-21-02.7. North Dakota scholarship opportunities — 2009-10 high school graduates. [Repealed]

Source:

S.L. 2009, ch. 175, § 20; Repealed by 2021, ch. 139, § 1, eff August 1, 2021.

15.1-21-02.8. North Dakota scholarship — Eligibility — One-time exception. [Effective through July 30, 2024]

1. Notwithstanding section 15.1-21-02.6, if a student’s cumulative grade point average as determined by the state board of higher education at the conclusion of a semester, quarter, or clock-hour term is below 2.75, the board shall grant an exception and provide the North Dakota scholarship to which the student would otherwise be entitled for the next semester, quarter, or clock-hour term in which the student is enrolled full time. The exception provided by this section is applicable to a student only one time.
2. If a student’s cumulative grade point average as determined by the state board of higher education at the conclusion of a semester, quarter, or clock-hour term is below 2.75 for a second time, the student is no longer eligible to receive a North Dakota, North Dakota academic, or North Dakota career and technical education scholarship.
For purposes of scholarship eligibility under this section, “clock-hour term” has the same meaning as the term is defined by the state board of higher education. The state board of higher education shall determine the conversion of:
1. Clock hours to credit hours; and
2. Percentage-based grading to grade point average .

Source:

S.L. 2011, ch. 147, § 14; 2021, ch. 157, § 4, eff March 23, 2021; 2021, ch. 159, § 6, eff August 1, 2021.

Note.

Section 15.1-21-02.8 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 157, Session Laws 2021, Senate Bill 2136; Section 6 of Chapter 159, Session Laws 2021, Senate Bill 2289; and Section 7 of Chapter 159, Session Laws 2021, Senate Bill 2289.

15.1-21-02.8. North Dakota scholarship — Eligibility — One-time exception. [Effective August 1, 2024]

1. Notwithstanding section 15.1-21-02.6, if a student’s cumulative grade point average as determined by the state board of higher education at the conclusion of a semester, quarter, or clock-hour term is below 2.75, the board shall grant an exception and provide the North Dakota scholarship to which the student would otherwise be entitled for the next semester, quarter, or clock-hour term in which the student is enrolled full time. The exception provided by this section is applicable to a student only one time.
2. If a student’s cumulative grade point average as determined by the state board of higher education at the conclusion of a semester, quarter, or clock-hour term is below 2.75 for a second time, the student is no longer eligible to receive a North Dakota scholarship.
For purposes of scholarship eligibility under this section, “clock-hour term” has the same meaning as the term is defined by the state board of higher education. The state board of higher education shall determine the conversion of:
1. Clock hours to credit hours; and
2. Percentage-based grading to grade point average.

Source:

S.L. 2011, ch. 147, § 14; 2021, ch. 157, § 4, eff March 23, 2021; 2021, ch. 159, § 6, eff August 1, 2021; 2021, ch. 159, § 7, eff August 1, 2024.

15.1-21-02.9. North Dakota scholarship — Information system. [Effective through July 31, 2024]

Each school district shall use North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the department of public instruction, to submit official transcripts for the North Dakota, North Dakota academic, or North Dakota career and technical education scholarship to the superintendent of public instruction.

Source:

S.L. 2017, ch. 143, § 3, eff August 1, 2017; 2021, ch. 159, § 8, eff August 1, 2021.

Note.

Section 15.1-21-02.9 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 8 of Chapter 159, Session Laws 2021, Senate Bill 2289; and Section 9 of Chapter 159, Session Laws 2021, Senate Bill 2289.

15.1-21-02.9. North Dakota scholarship — Information system. [Effective August 1, 2024]

Each school district shall use North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the department of public instruction, to submit official transcripts for the North Dakota scholarship to the superintendent of public instruction.

Source:

S.L. 2017, ch. 143, § 3, eff August 1, 2017; 2021, ch. 159, § 8, eff August 1, 2021; 2021, ch. 159, § 9, eff August 1, 2024.

15.1-21-02.10. North Dakota scholarship.

Any resident student who meets the requirements of section 15.1-21-02.6 is eligible to receive a North Dakota scholarship if the student:

Completed an individual consultative process or a nine-week course under subsection 2 of section 15.1-21-18;
Completed the civics test under section 15.1-21-27;
Completed a four-year rolling plan, as determined by the superintendent of public instruction;
Obtained a cumulative grade point average of at least 3.0 on a 4.0 grading scale, or an equivalent course proficiency score if the student was enrolled in a school district participating in an approved innovative education program under section 15.1-06-08.2 and the school district obtained a waiver under section 15.1-06-08.1;
Completed the requirements in at least four of the following while enrolled in grades nine through twelve:
1. Twenty-five hours of community service;
2. A ninety-five percent attendance rate as determined under section 15.1-20-02.1, not including any school-related absences;
3. A career exploration experience, as determined by the superintendent of public instruction;
4. At least two years in organized cocurricular activities;
5. At least two years in organized extracurricular activities;
6. A capstone project, as determined by the superintendent of public instruction;
7. An online learning course; and
8. Successful demonstration of competency in twenty-first century skills, as determined by the superintendent of public instruction; and
Completed the requirements in two of the following subdivisions while enrolled in grades nine through twelve:
1. 1. Received:
    1. A composite score of at least twenty-four on an ACT; or
    2. A score of at least 1180 on an SAT; and
  2. Completed the requirements in at least two of the following:
    1. A grade of at least “C” in an advanced placement course, or an equivalent course proficiency score;
    2. A grade of at least “C” in a dual-credit English or mathematics course, or an equivalent course proficiency score;
    3. A grade of at least “C” in one unit of algebra II, or an equivalent course proficiency score;
    4. A score of at least three on an advanced placement examination;
    5. A score of at least four on an international baccalaureate examination; and
    6. A cumulative grade point average of at least 3.0 on a 4.0 grading scale, or an equivalent course proficiency score if the student was enrolled in a school district participating in an approved innovative education program under section 15.1-06-08.2 and the school district obtained a waiver under section 15.1-06-08.1, in core courses required for admission to institutions of higher education under the control of the state board of higher education;
2. 1. Earned four units of career and technical education, including two units from a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction;
  2. Received:
    1. A composite score of at least twenty-four on an ACT; or
    2. A score of at least five on each of three WorkKeys assessments recommended by the department of career and technical education and approved by the superintendent of public instruction; and
  3. Successfully completed the requirements in at least two of the following:
    1. A career-ready practices course developed and recommended by the department of career and technical education and approved by the superintendent of public instruction;
    2. A grade of at least “C” in a dual-credit course, or an equivalent course proficiency score;
    3. A technical assessment or industry credential, as determined by the department of career and technical education;
    4. Forty hours in a workplace learning experience, approved by the superintendent of public instruction;
    5. Forty hours in a work-based learning experience aligned to the Strengthening Career and Technical Education for the 21st Century Act [Pub. L. 115-224; 132 Stat. 1563; 20 U.S.C. 2301 et seq.]; and
    6. Received:
      1. A score of at least three on a reading and mathematics assessment administered under subsection 1 of section 15.1-21-08 while enrolled in grades nine through twelve; or
      2. ACT scores of at least nineteen in English and at least twenty-two in mathematics if the school in which the student was enrolled used an ACT assessment for accountability; or
3. 1. Received:
  2. Obtained a grade of at least “C” in a physical education course, or an equivalent course proficiency score; and
  3. Completed any two of subparagraphs a through f of paragraph 2 of subdivision a, or any two of subparagraphs a through f of paragraph 3 of subdivision b.

(a) A score of at least thirty-one on an ASVAB test and successfully completed basic training in one of the branches of the United States military; or

(b) A score of at least eighty-five on an ASVAB test;

Source:

S.L. 2021, ch. 159, § 3, eff August 1, 2021.

15.1-21-03. High school unit-Instructional time.

Except as provided in subsection 2, each unit must consist of at least one hundred twenty hours of student engagement per school calendar.
The following units must consist of at least one hundred fifty hours of student engagement per school calendar: natural sciences, agriculture, business and office technology, marketing, diversified occupations, trade and industrial education, technology education, and health careers.
The hour requirements of this section are subject to reductions resulting from the holidays and nonstudent contact days provided for in section 15.1-06-04.
This section does not apply to schools or school districts having block schedules approved by the superintendent of public instruction.
This section does not apply to units attained from a district-approved mastery framework under section 15.1-21-03.

Source:

S.L. 2001, ch. 181, § 8; 2003, ch. 161, § 1; 2019, ch. 149, § 6, eff July 1, 2019; 2021, ch. 136, § 5, eff August 1, 2021.

15.1-21-04. Minimum high school courses — Alternative curriculum plans.

Except as otherwise provided in this section, each student shall enroll in at least four units of high school work in each grade from nine through twelve.
A student in grade twelve may enroll in fewer than four units of work, provided:
1. The student requires fewer than four units of work for graduation; and
2. The board of the school district has adopted an alternative high school senior curriculum plan.
An alternative high school senior curriculum plan becomes effective if:
1. It is adopted by action of the school board;
2. It contains specific criteria under which a high school senior may enroll in fewer than four units of work; and
3. It has been submitted to and approved by the superintendent of public instruction.

Source:

S.L. 2001, ch. 181, § 8.

Collateral References.

Releasing public school pupils from attendance for purpose of attending religious education classes, 2 A.L.R.2d 1371.

15.1-21-05. Indian education curriculum.

The superintendent of public instruction may develop an Indian education curriculum to be implemented within the minimum curriculum requirements for elementary and secondary schools. The superintendent shall provide for continuing research and evaluation and for inservice training necessary to implement an Indian education curriculum.

Source:

S.L. 2001, ch. 181, § 8.

15.1-21-06. Goals 2000 — Participation voluntary. [Repealed]

S.L. 2001, ch. 190, § 12; 2003, ch. 163, § 1; Repealed by 2021, ch. 139, § 1, eff August 1, 2021.

15.1-21-12.1 Reading curriculum — Content — Professional development — Reports to legislative management.

Beginning July 1, 2022, each school district and nonpublic school shall ensure the portion of its curriculum which is related to reading:
1. Is scientifically based, evidence based, and research based;
2. Focuses on:
  1. Phonemic awareness;
  2. Phonics;
  3. Fluency;
  4. Vocabulary; and
  5. Comprehension; and
3. Uses systematic direct instruction for students in kindergarten through grade three to ensure all students obtain necessary early reading skills.
Before the 2022-23 school year, each teacher who teaches kindergarten through grade three at a school district or nonpublic school, and each principal of a public or nonpublic school with kindergarten through grade three, shall attend teacher-approved, professional development training that includes training in the topics provided under subsection 1.
Each teacher or principal hired by a school district or nonpublic school that provides instruction in kindergarten through grade three shall complete the training under subsection 2 , or demonstrate mastery of the topics provided under subsection 1, within one year of the teacher's or principal's first year of placement in the grade level or at the school.
To be approved by the superintendent of public instruction, each public and nonpublic school shall certify to the superintendent of public instruction that the district or school:
1. Ensures the placement of highly effective teachers in kindergarten through grade three;
2. Has integrated reading instruments used to diagnose reading development and comprehension; and
3. Has integrated evidence-based resources to support reading development and comprehension.
The superintendent of public instruction shall provide ongoing assistance to school districts and nonpublic schools to be in and maintain compliance with this section.
The superintendent of public instruction, in collaboration with the kindergarten through grade twelve education coordination council, shall adopt rules to implement this section, including rules to monitor implementation and compliance with this section.
The superintendent of public instruction shall provide periodic reports to the legislative management on the implementation and effectiveness of this section in improving educational outcomes and reading competency of students.

S.L. 2007, ch. 178, § 1; Repealed by 2017, ch. 146, § 1, eff August 1, 2017.

15.1-21-16. Summer school courses and programs — Eligibility for payment.

The summer school courses and programs for which a school district may receive payment as provided in section 15.1-27-19 are:

1. Mathematics provided to students enrolled in any grade from kindergarten through eight;
2. Reading provided to students enrolled in any grade from kindergarten through eight;
3. Social studies provided to students enrolled in any grade from five through eight; and
Any other high school summer courses that satisfy requirements for graduation, comprise at least as many clock-hours as courses offered during the regular school term, and comply with rules adopted by the superintendent of public instruction.

Science provided to students enrolled in any grade from five through eight; and

Source:

S.L. 2009, ch. 175, § 21; 2021, ch. 160, § 1, eff April 13, 2021.

15.1-21-17. Interim assessment. [Repealed]

Source:

S.L. 2009, ch. 175, § 22; Repealed by 2021, ch. 158, § 9, eff August 1, 2021.

15.1-21-18. Career interest inventory — Educational and career planning — Consultation.

A school district shall administer to students, once during their enrollment in grade seven or eight and once during their enrollment in grade nine or ten, a career interest inventory recommended by the department of career and technical education and approved by the superintendent of public instruction.
At least once during the seventh or eighth grade, each school district shall arrange for students to participate in either an individual consultative process or a nine-week course, for the purpose of discussing the results of their career interest inventory, selecting high school courses appropriate to their educational pursuits and career interests, and developing individual high school education plans.
Each school district shall notify its high school students that, upon request, a student is entitled to receive a consultative review of the student’s individual high school education plan at least once during each high school grade. Upon the request of a student, the school district shall provide the consultative review.
Each school district shall verify compliance with the requirements of this section at the time and in the manner required by the superintendent of public instruction.

Source:

S.L. 2009, ch. 175, § 23; 2011, ch. 147, § 16.

15.1-21-19. Summative assessment — Selection — Cost — Exemptions.

Except as otherwise provided, each public and nonpublic school student in grade eleven may take:
1. The ACT or an equivalent nationally recognized standardized test approved by the state board of higher education, including the writing test; or
2. Three WorkKeys assessments or an equivalent nationally recognized standardized test, recommended by the department of career and technical education and approved by the superintendent of public instruction.
The student’s career advisor or guidance counselor shall meet with the student to review the student’s assessment results.

Source:

S.L. 2009, ch. 175, § 24; 2011, ch. 147, § 17; 2021, ch. 158, § 7, eff August 1, 2021.

15.1-21-20. Summative assessment — General educational development diploma — Selection — Cost.

Except as otherwise provided, each student pursuing a general educational development diploma may take:
1. The ACT or an equivalent nationally recognized standardized test approved by the state board of higher education; or
2. Three WorkKeys assessments or an equivalent nationally recognized standardized test, recommended by the department of career and technical education and approved by the superintendent of public instruction.
The student’s career advisor or guidance counselor shall meet with the student to review the student’s assessment results.
This section is applicable only to a student who has not reached the age of twenty-one before August first of the year of enrollment.

Source:

S.L. 2009, ch. 175, § 25; 2021, ch. 158, § 8, eff August 1, 2021.

15.1-21-21. Concepts of personal finance — Inclusion in curriculum.

Beginning July 1, 2010, each school district shall ensure that its curriculum for either economics or problems of democracy includes the exposure of students to concepts of personal finance, including:
1. Checkbook mechanics, including writing checks, balancing, and statement reconciliation;
2. Saving for larger purchases;
3. Credit, including credit card usage, interest, and fees;
4. Earning power, including jobs for teenagers;
5. Taxation and paycheck withholdings;
6. College costs;
7. Making and living within a budget; and
8. Mortgages, retirement savings, and investments.
Upon written request, the superintendent of public instruction may allow a school district annually to select courses other than economics or problems of democracy for purposes of exposing students to the concepts of personal finance, as listed in this section, provided the school district can demonstrate that the number of students exposed to the concepts in the other selected courses would meet or exceed the number of students exposed under the requirements of subsection 1.
The requirements of this section may be provided by the regular classroom teacher of the course in which the concepts of personal finance are incorporated.

History. S.L. 2015, ch. 152, § 1, eff August 1, 2015.

Effective Date.

This section became effective August 1, 2015.

CHAPTER 15.1-22 Kindergarten

15.1-22-01. Kindergarten — Establishment by board — Request by parent.

The board of a school district shall either provide at least a half-day kindergarten program for any student enrolled in the district or pay the tuition required for the student to attend a kindergarten program in another school district.

Source:

S.L. 2001, ch. 181, § 9; 2005, ch. 167, § 10; 2011, ch. 147, § 18; 2013, ch. 13, § 31.

15.1-22-02. Public kindergarten — Requirements.

A school district operating a kindergarten:

May not employ an individual as a kindergarten teacher unless the individual is licensed to teach by the education standards and practices board or approved by the education standards and practices board;
Shall submit to the superintendent of public instruction and follow a developmentally appropriate curriculum;
Shall provide kindergarten instruction, on a half-day or full-day basis, as determined by the school board;
Shall provide for a kindergarten instructional calendar equal to at least fifty percent of the full-time instructional days required in accordance with section 15.1-06-04;
Shall apply all municipal and state health, fire, and safety requirements to the kindergarten; and
May not enroll a child who is not five years old before August first of the year of enrollment, unless the child will be five years old before December first and:
1. The child, by means of developmental and readiness screening instruments approved by the superintendent of public instruction and administered by the kindergarten operator, can demonstrate superior academic talents or abilities and social and emotional readiness; or
2. The child has been enrolled in another approved kindergarten.

In this chapter:

“Home education” means a program of education supervised by a child’s parent in accordance with the requirements of this chapter.
“Parent” includes a child’s legal guardian.
“Supervise” means the selection of materials, determination of an educational philosophy, and oversight of the method, manner, and delivery of instruction.

Source:

S.L. 2001, ch. 181, § 10; 2009, ch. 177, § 1; 2011, ch. 146, § 1; 2019, ch. 168, § 1, eff August 1, 2019.

15.1-23-02. Statement of intent to supervise home education.

At least fourteen days before beginning home education or within fourteen days of establishing a child’s residence in a school district, and once each year thereafter, a parent intending to supervise or supervising home education shall file a statement, reflecting that intent or fact, with the superintendent of the child’s school district of residence or if no superintendent is employed, with the county superintendent of schools for the child’s county of residence.

The statement must include:
1. The name and address of the child receiving home education;
2. The child’s date of birth;
3. The child’s grade level;
4. The name and address of the parent who will supervise the home education;
5. The qualifications of the parent who will supervise the home education;
6. Any public school courses in which the child intends to participate and the school district offering the courses; and
7. Any extracurricular activities in which the child intends to participate and the school district or approved nonpublic school offering the activities.
The statement must be accompanied by a copy of the child’s immunization record and proof of the child’s identity as required by section 12-60-26.
The superintendent of the child’s school district of residence or if no superintendent is employed, the county superintendent of schools for the child’s county of residence shall report the number of statements of intent that have been filed in accordance with this section to the superintendent of public instruction at the time and in the manner required by the superintendent of public instruction.

Source:

S.L. 2001, ch. 181, § 10; 2011, ch. 146, § 2; 2013, ch. 63, § 5.

15.1-23-03. Home education — Parental qualifications.

A parent may supervise home education if the parent:

Holds a high school diploma or a general educational development diploma; or
Meets the requirements of section 15.1-23-06.

The child has been determined to have a developmental disability by a licensed psychologist;
The child’s parent is qualified to supervise home education under this chapter; and
The child’s parent files with the superintendent of the child’s school district of residence:
1. A notice that the child will receive home education;
2. A copy of the child’s diagnosis of a developmental disability prepared and attested to by a licensed psychologist; and
3. A services plan developed and followed by the child’s school district of residence and the child’s parent; or, after providing written notice to the superintendent of the child’s school district of residence, a substitute services plan, developed and followed, according to section 15.1-23-15, by a services plan team selected by and compensated by the child’s parent.

Source:

S.L. 2001, ch. 181, § 10; 2005, ch. 166, § 3.

15.1-23-15. Child with a developmental disability — Home education — Progress reports.

On or before November first, February first, and May first of each school year, a parent supervising home education for a child with a developmental disability under section 15.1-23-14 shall file with the superintendent of the child’s school district of residence progress reports prepared by the services plan team selected under section 15.1-23-14. If at any time the services plan team agrees that the child is not benefiting from home education, the team shall notify the superintendent of the child’s school district of residence and request that the child be evaluated by a multidisciplinary team appointed by the superintendent of the child’s school district of residence.
The superintendent of the child’s school district of residence shall forward copies of all documentation required by this section to the superintendent of public instruction.

Source:

S.L. 2001, ch. 181, § 10; 2005, ch. 166, § 4.

15.1-23-16. Home education — Participation in extracurricular activities.

A child receiving home education may participate in extracurricular activities either:
1. Under the auspices of the child’s school district of residence; or
2. Under the auspices of an approved nonpublic school, if permitted by the administrator of the school.
For purposes of this section, a child participating under the auspices of the child’s school district of residence is subject to the same standards for participation in extracurricular activities as those required of full-time students enrolled in the district.
For purposes of this section, a child participating under the auspices of an approved nonpublic school is subject to the same standards for participation in extracurricular activities as those required of full-time students enrolled in the school.
Once a child’s parent has selected the public school district or the approved nonpublic school in which the child will participate for purposes of extracurricular activities and has provided notification of the selection through the statement required by section 15.1-23-02, the child is subject to the transfer rules as provided in the constitution and bylaws of the North Dakota high school activities association.

Source:

S.L. 2001, ch. 181, § 10.

15.1-23-17. Home education — High school diplomas.

A child’s school district of residence, an approved nonpublic high school, or the center for distance education may issue a high school diploma to a child who, through home education, has met the issuing entity’s requirements for high school graduation provided the child’s parent submits to the issuing entity a description of the course material covered in each high school subject, a description of the course objectives and how the objectives were met, and a transcript of the child’s performance in grades nine through twelve.
In the alternative, a high school diploma may be issued by the child’s school district of residence, an approved nonpublic high school, or the center for distance education provided the child, through home education, has completed at least twenty-two units of high school coursework from the minimum required curriculum offerings established by law for public and nonpublic schools and the child’s parent or legal guardian submits to the issuing entity a description of the course material covered in each high school subject, a description of the course objectives and how the objectives were met, and a transcript of the child’s performance in grades nine through twelve. The issuing entity may indicate on a diploma issued under this subsection that the child was provided with home education.
If for any reason the documentation required in subsection 1 or 2 is unavailable, the entity issuing the diploma may accept any other reasonable proof that the child has met the applicable requirements for high school graduation.

The superintendent of public instruction shall adopt rules regarding the implementation of chemical abuse prevention programs in this state’s schools. The rules may include:
1. Community involvement through a citizens’ advisory committee.
2. An assessment of services and resources available locally.
3. An assessment of student and staff needs.
4. The coordination of activities with public and private entities.
5. The development of an implementation plan.
6. An evaluation mechanism.
7. The development of a budget to fund the program.
If funds are appropriated or otherwise become available, the superintendent shall call for and review school district applications for development of a program. School districts may apply for funds independently or jointly. The superintendent shall award the funds according to the merit of each application.
The superintendent shall develop a plan for the coordination of services with other agencies, including the department of human services, the state department of health, the department of transportation, and law enforcement agencies.

Source:

S.L. 1999, ch. 196, § 14.

15.1-24-01. Chemical abuse prevention program — Rules. [Effective September 1, 2022]

The superintendent of public instruction shall adopt rules regarding the implementation of chemical abuse prevention programs in this state’s schools. The rules may include:
1. Community involvement through a citizens’ advisory committee.
2. An assessment of services and resources available locally.
3. An assessment of student and staff needs.
4. The coordination of activities with public and private entities.
5. The development of an implementation plan.
6. An evaluation mechanism.
7. The development of a budget to fund the program.
If funds are appropriated or otherwise become available, the superintendent shall call for and review school district applications for development of a program. School districts may apply for funds independently or jointly. The superintendent shall award the funds according to the merit of each application.
The superintendent shall develop a plan for the coordination of services with other agencies, including the department of health and human services, the department of transportation, and law enforcement agencies.

Source:

S.L. 1999, ch. 196, § 14; 2021, ch. 352, § 69, eff September 1, 2022.

15.1-24-02. Staff.

The superintendent of public instruction may employ an individual as a chemical abuse project coordinator. The coordinator shall:

Develop rules, in consultation with other private and public entities.
Disseminate rules developed under this chapter.
Provide communities, through their schools, with technical assistance in the planning and implementation of a chemical abuse and prevention program.
Collect data for reporting and program evaluation purposes.
Facilitate coordination of this program with prevention and educational programs conducted by other state agencies.
Provide the superintendent of public instruction with a written program evaluation.
Serve as a resource specialist to schools regarding the development and implementation of chemical abuse prevention programs.

15.1-26-01. Definitions — Adult and adult basic and secondary education.

For purposes of this chapter, unless the context otherwise requires:

“Adult” means any individual who is beyond the age of compulsory school attendance.
“Adult basic and secondary education” means:
1. Instructional services for adults who:
  1. Do not have the basic literacy skills necessary to function effectively in society;
  2. Do not have a certificate of graduation from a school providing secondary education; or
  3. Have not reached a level of education equivalent to that required for a certificate of graduation to be issued.
2. Education for adults whose inability to speak, read, or write English is a substantial impairment of their ability to obtain or retain employment commensurate with their ability.

The superintendent of public instruction shall estimate the total state payments to which a school district is entitled each year.
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.
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.
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.
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.
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.

Source:

S.L. 2001, ch. 181, § 11; 2001, ch. 191, § 2; 2003 Sp., ch. 667, § 8; 2007, ch. 163, § 4.

Effective Date.

The 2003 amendment of this section by section 8 of chapter 667, S.L. 2003, Sp. became effective July 1, 2003, pursuant to section 42 of chapter 667, S.L. 2003, Sp.

DECISIONS UNDER PRIOR LAW

Reimbursement.

Since state aid to school districts is not a reimbursement for or payment for anything but is a grant-in-aid in the nature of a gratuity, a school district is not entitled to payment or reimbursement without regard to what the law may be at the time such payment or reimbursement will be made. Zenith Sch. Dist. v. Peterson, 81 N.W.2d 764, 1957 N.D. LEXIS 110 (N.D. 1957).

15.1-27-02. Per student payments — Required reports.

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.
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:
1. The June thirtieth student membership and attendance report;
2. An annual school district financial report; and
3. The personnel report forms for licensed and nonlicensed employees.
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.

Source:

S.L. 2001, ch. 181, § 11; 2007, ch. 163, § 5; 2019, ch. 149, § 7, eff July 1, 2019.

15.1-27-03. Cost of education — Determination.

The superintendent of public instruction shall determine the educational cost per student.
In determining the educational cost per student, the superintendent may not use:
1. Capital outlay for buildings;
2. Capital outlay for sites;
3. Capital outlay for debt service;
4. Expenditures for school activities;
5. Expenditures for school lunch programs;
6. Expenditures for transportation costs, including schoolbuses; or
7. Expenditures for early childhood education.

Source:

S.L. 2001, ch. 181, § 11; 2011, ch. 147, § 20.

15.1-27-03.1. Weighted average daily membership — Determination.

For each school district, the superintendent of public instruction shall multiply by:
1. 1.00 the number of full-time equivalent students enrolled in an extended educational program in accordance with section 15.1-32-17;
2. 0.60 the number of full-time equivalent students enrolled in a summer education program, including a migrant summer education program;
3. 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;
4. 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;
5. 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;
6. 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;
7. 0.17 the number of full-time equivalent students enrolled in an early childhood special education program;
8. 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;
9. 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;
10. 0.082 the number of students enrolled in average daily membership, in order to support the provision of special education services;
11. 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;
12. 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.];
13. 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;
14. 0.60 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 increasing the factor annually by 0.10, not to exceed 1.00; and
15. For districts paid based on September tenth enrollment in the prior year, 0.50 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, increasing the factor annually by 0.10, not to exceed 1.00. If the prior year’s September tenth enrollment exceeds the prior year’s average daily membership, then a deduction of 0.50 the number of excess students, increasing the factor annually by 0.10, not to exceed 1.00.
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.

Source:

S.L. 2007, ch. 163, § 6; 2009, ch. 175, §§ 30, 31; 2011, ch. 147, §§ 21–23; 2013, ch. 13, § 32; 2015, ch. 137, §§ 8, 9, eff July 1, 2017; 2019, ch. 149, § 9, eff July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 8 of chapter 137, S.L. 2015 became effective July 1, 2015.

The 2015 amendment of this section by section 9 of chapter 137, S.L. 2015 became effective July 1, 2017.

Note.

The 2015 amendment to this section by section 8, of chapter 137, S.L. 2015, removed the expiration date of the section.

Section 15.1-27-03.1 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 9 of Chapter 137, Session Laws 2015, Senate Bill 2031; and Section 8 of Chapter 137, Session Laws 2015, Senate Bill 2031.

15.1-27-03.2. School district size weighting factor — Weighted student units.

For each school district in the state, the superintendent of public instruction shall assign a baseline school district size weighting factor of:
1. 1.36 if the students in average daily membership number fewer than 110;
2. 1.35 if the students in average daily membership number at least 110 but fewer than 125;
3. 1.34 if the students in average daily membership number at least 125 but fewer than 130;
4. 1.33 if the students in average daily membership number at least 130 but fewer than 135;
5. 1.32 if the students in average daily membership number at least 135 but fewer than 140;
6. 1.31 if the students in average daily membership number at least 140 but fewer than 145;
7. 1.30 if the students in average daily membership number at least 145 but fewer than 150;
8. 1.29 if the students in average daily membership number at least 150 but fewer than 155;
9. 1.28 if the students in average daily membership number at least 155 but fewer than 160;
10. 1.27 if the students in average daily membership number at least 160 but fewer than 165;
11. 1.26 if the students in average daily membership number at least 165 but fewer than 175;
12. 1.25 if the students in average daily membership number at least 175 but fewer than 185;
13. 1.24 if the students in average daily membership number at least 185 but fewer than 200;
14. 1.23 if the students in average daily membership number at least 200 but fewer than 215;
15. 1.22 if the students in average daily membership number at least 215 but fewer than 230;
16. 1.21 if the students in average daily membership number at least 230 but fewer than 245;
17. 1.20 if the students in average daily membership number at least 245 but fewer than 260;
18. 1.19 if the students in average daily membership number at least 260 but fewer than 270;
19. 1.18 if the students in average daily membership number at least 270 but fewer than 275;
20. 1.17 if the students in average daily membership number at least 275 but fewer than 280;
21. 1.16 if the students in average daily membership number at least 280 but fewer than 285;
22. 1.15 if the students in average daily membership number at least 285 but fewer than 290;
23. 1.14 if the students in average daily membership number at least 290 but fewer than 295;
24. 1.13 if the students in average daily membership number at least 295 but fewer than 300;
25. 1.12 if the students in average daily membership number at least 300 but fewer than 305;
26. 1.11 if the students in average daily membership number at least 305 but fewer than 310;
27. 1.10 if the students in average daily membership number at least 310 but fewer than 320;
28. 1.09 if the students in average daily membership number at least 320 but fewer than 335;
29. 1.08 if the students in average daily membership number at least 335 but fewer than 350;
30. 1.07 if the students in average daily membership number at least 350 but fewer than 360;
31. 1.06 if the students in average daily membership number at least 360 but fewer than 370;
32. 1.05 if the students in average daily membership number at least 370 but fewer than 380;
33. 1.04 if the students in average daily membership number at least 380 but fewer than 390;
34. 1.03 if the students in average daily membership number at least 390 but fewer than 400;
35. 1.02 if the students in average daily membership number at least 400 but fewer than 600;
36. 1.01 if the students in average daily membership number at least 600 but fewer than 900; and
37. 1.00 if the students in average daily membership number at least 900.
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:
1. 1.72 if the students in average daily membership number fewer than 110;
2. 1.68 if the students in average daily membership number at least 110 but fewer than 125;
3. 1.64 if the students in average daily membership number at least 125 but fewer than 130;
4. 1.60 if the students in average daily membership number at least 130 but fewer than 135;
5. 1.56 if the students in average daily membership number at least 135 but fewer than 140;
6. 1.52 if the students in average daily membership number at least 140 but fewer than 145;
7. 1.49 if the students in average daily membership number at least 145 but fewer than 150;
8. 1.45 if the students in average daily membership number at least 150 but fewer than 155;
9. 1.42 if the students in average daily membership number at least 155 but fewer than 160;
10. 1.39 if the students in average daily membership number at least 160 but fewer than 165;
11. 1.36 if the students in average daily membership number at least 165 but fewer than 175;
12. 1.33 if the students in average daily membership number at least 175 but fewer than 185;
13. 1.30 if the students in average daily membership number at least 185 but fewer than 200;
14. 1.27 if the students in average daily membership number at least 200 but fewer than 215;
15. 1.25 if the students in average daily membership number at least 215 but fewer than 230;
16. 1.22 if the students in average daily membership number at least 230 but fewer than 245;
17. 1.20 if the students in average daily membership number at least 245 but fewer than 260;
18. 1.19 if the students in average daily membership number at least 260 but fewer than 270;
19. 1.18 if the students in average daily membership number at least 270 but fewer than 275;
20. 1.17 if the students in average daily membership number at least 275 but fewer than 280;
21. 1.16 if the students in average daily membership number at least 280 but fewer than 285;
22. 1.15 if the students in average daily membership number at least 285 but fewer than 290;
23. 1.14 if the students in average daily membership number at least 290 but fewer than 295;
24. 1.13 if the students in average daily membership number at least 295 but fewer than 300;
25. 1.12 if the students in average daily membership number at least 300 but fewer than 305;
26. 1.11 if the students in average daily membership number at least 305 but fewer than 310;
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.
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 the 2022-23 school year, for school districts that operate multiple kindergarten through grade twelve buildings at least nineteen miles [30.58 kilometers] apart, or multiple buildings at least nineteen miles [30.58 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.
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.

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.

Source:

S.L. 2007, ch. 163, § 7; 2013, ch. 13, § 33; 2015, ch. 137, § 10, eff July 1, 2015; 2021, ch. 141, § 10, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 10 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

The 2015 amendment to this section by section 10, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-27-04. Per student payment rate. [Repealed]

Source:

S.L. 2001, ch. 181, § 11; 2001, ch. 173, § 7; 2003 Sp., ch. 667, § 9; 2005, ch. 167, § 11; 2007, ch. 163, § 8; 2009, ch. 175, § 32; 2011, ch. 147, § 24; 2013, ch. 13, § 62; Repealed by 2015, ch. 137, § 38., eff July 1, 2015.

15.1-27-04.1. Baseline funding — Establishment — Determination of state aid. [Effective through June 30, 2025]

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:
1. All state aid received by the district in accordance with chapter 15.1-27 during the 2018-19 school year;
2. An amount equal to the property tax deducted by the superintendent of public instruction to determine the 2018-19 state aid payment;
3. 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 2021-22 school year, seventeen 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, and an additional seventeen 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 each school year thereafter, until the 2024-25 school year when sixty-eight 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 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);
4. 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
5. 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.
1. 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.
2. For any school district that becomes an elementary district pursuant to section 15.1-07-27 after the 2017-18 school year, the superintendent shall adjust the 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.
3. 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. The superintendent shall reduce the district’s baseline funding per weighted student unit by fifteen percent of the amount by which the district’s baseline funding per weighted student unit exceeds the payment per weighted student unit for the 2021-22 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.
1. For the 2021-22 school year, the superintendent shall calculate state aid as the greater of:
  1. The district’s weighted student units multiplied by ten thousand one hundred thirty-six 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 ten thousand one hundred thirty-six dollars; or
  3. The district’s baseline funding as established in subsection 1 less the amount in paragraph 1, with the difference reduced by fifteen percent and then the difference added to the amount determined in paragraph 1.
2. For the 2022-23 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 ten thousand two hundred thirty-seven 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 ten thousand two hundred thirty-seven dollars; or
  3. The district’s baseline funding as established in subsection 1 less the amount in paragraph 1, with the difference reduced by thirty percent for the 2022-23 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.
3. The superintendent also shall adjust state aid determined in this subsection to ensure the amount does not exceed the transition maximum as follows:
  1. For the 2021-22 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, multiplied by the district’s weighted student units from the previous school year.
  2. For the 2022-23 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, multiplied by the district’s weighted student units from the previous school year.
  3. For the 2023-24 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, plus twenty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district’s baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district’s weighted student units from the previous school year.
  4. For the 2024-25 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, plus forty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district’s baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district’s weighted student units from the previous school year.
  5. For the 2025-26 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, plus sixty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district’s baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district’s weighted student units from the previous school year.
  6. For the 2026-27 school year, the transition maximum rate is one hundred ten percent of the district’s baseline funding per weighted student unit, as established in subsection 2, plus eighty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district’s baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district’s weighted student units from the previous school year.
After determining the product in accordance with subsection 3, the superintendent of public instruction shall:
1. Subtract an amount equal to sixty mills multiplied by the taxable valuation of the school district, except the amount in dollars subtracted for purposes of this subdivision may not exceed the previous year’s amount in dollars subtracted for purposes of this subdivision by more than twelve percent, adjusted pursuant to section 15.1-27-04.3; and
2. Subtract an amount equal to seventy-five percent of all revenue types listed in subdivisions c and d of subsection 1. 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:
    1. 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, 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
    2. 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 2020 by the school district for sinking and interest relative to the total mills levied in 2020 by the school district for all purposes.
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.
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.
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:
1. 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;
2. The total number of mills levied in the previous calendar year by each school district for all purposes; and
3. The number of mills levied in the previous calendar year by each school district for sinking and interest fund purposes.

Source:

S.L. 2013, ch. 13, § 34; 2015, ch. 137, § 11, eff July 1, 2015; 2017, ch. 135, § 4, eff July 1, 2017; 2019, ch. 149, § 10, eff July 1, 2019; 2021, ch. 141, § 11, eff August 1, 2021; 2021, ch. 161, § 1, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 11 of chapter 137, S.L. 2015 became effective July 1, 2015.

This section became effective July 1, 2013.

Note.

Section 15.1-27-04.1 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 11 of Chapter 141, Session Laws 2021, House Bill 1388; and Section 1 of Chapter 161, Session Laws 2021, House Bill 1246.

The 2015 amendment to this section by section 11, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-27-04.1. Baseline funding — Establishment — Determination of state aid. [Effective July 1, 2025]

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:
1. All state aid received by the district in accordance with chapter 15.1-27 during the 2018-19 school year;
2. An amount equal to the property tax deducted by the superintendent of public instruction to determine the 2018-19 state aid payment;
3. 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); and
4. 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
5. 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
1. 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.
2. For any school district that becomes an elementary district pursuant to section 15.1-07-27 after the 2017-18 school year, the superintendent shall adjust the 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
3. 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. The superintendent shall reduce the district's baseline funding per weighted student unit by fifteen percent of the amount by which the district's baseline funding per weighted student unit exceeds the payment per weighted student unit for the 2021-22 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.
1. For the 2021-22 school year, the superintendent shall calculate state aid as the greater of:
  1. The district's weighted student units multiplied by ten thousand one hundred thirty-six 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 ten thousand one hundred thirty-six dollars; or
  3. The district's baseline funding as established in subsection 1 less the amount in paragraph 1, with the difference reduced by fifteen percent and then the difference added to the amount determined in paragraph 1.
2. For the 2022-23 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 ten thousand two hundred thirty-seven dollars;
  2. The district's baseline funding as established in subsection 1 less the amount in paragraph 1, with the difference reduced by thirty percent for the 2022-23 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.
3. The superintendent also shall adjust state aid determined in this subsection to ensure the amount does not exceed the transition maximum as follows:
  1. For the 2021-22 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, multiplied by the district's weighted student units from the previous school year.
  2. For the 2022-23 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, multiplied by the district's weighted student units from the previous school year.
  3. For the 2023-24 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, plus twenty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district's baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district's weighted student units from the previous school year.
  4. For the 2024-25 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, plus forty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district's baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district's weighted student units from the previous school year.
  5. For the 2025-26 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, plus sixty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district's baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district's weighted student units from the previous school year.
  6. For the 2026-27 school year, the transition maximum rate is one hundred ten percent of the district's baseline funding per weighted student unit, as established in subsection 2, plus eighty percent of the difference between the rate under paragraph 1 of subdivision b of this subsection and one hundred ten percent of the district's baseline funding per weighted student unit. The transition maximum is determined by multiplying the transition maximum rate, which may not exceed the rate under paragraph 1 of subdivision b of this subsection, by the district's weighted student units from the previous school year
After determining the product in accordance with subsection 3, the superintendent of public instruction shall:
1. Subtract an amount equal to sixty mills multiplied by the taxable valuation of the school district; and
2. Subtract an amount equal to seventy-five percent of all revenue types listed in subdivisions c and d of subsection 1. 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:
    1. IIn 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, 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
    2. 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 2020 by the school district for sinking and interest relative to the total mills levied in 2020 by the school district for all purposes.
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.
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
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:
1. 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;
2. The total number of mills levied in the previous calendar year by each school district for all purposes; and
3. The number of mills levied in the previous calendar year by each school district for sinking and interest fund purposes.

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 ten thousand two hundred thirty-seven dollars; or

Source:

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.

Source:

S.L. 2013, ch. 13, § 35; 2015, ch. 137, § 12, eff July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 12 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

The 2015 amendment to this section by section 12, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-27-04.3. Adjustment to state aid — Local property tax effort. [Expired effective July 1, 2025]

If the amount subtracted from a school district’s state aid payment under subdivision a of subsection 4 of section 15.1-27-04.1 is less than the amount generated by sixty mills, the superintendent of public instruction shall adjust the amount subtracted as follows:

For the 2020-21 school year, increase the amount subtracted by an amount equal to ten percent of the difference between the amount generated by sixty mills and the amount determined pursuant to subdivision a of subsection 4 of section 15.1-27-04.1 before adjustment under this section;
For the 2021-22 school year, increase the amount subtracted by an amount equal to twenty percent of the difference between the amount generated by sixty mills and the amount determined pursuant to subdivision a of subsection 4 of section 15.1-27-04.1 before adjustment under this section;
For the 2022-23 school year, increase the amount subtracted by an amount equal to forty percent of the difference between the amount generated by sixty mills and the amount determined pursuant to subdivision a of subsection 4 of section 15.1-27-04.1 before adjustment under this section;
For the 2023-24 school year, increase the amount subtracted by an amount equal to sixty percent of the difference between the amount generated by sixty mills and the amount determined pursuant to subdivision a of subsection 4 of section 15.1-27-04.1 before adjustment under this section; and
For the 2024-25 school year, increase the amount subtracted by an amount equal to eighty percent of the difference between the amount generated by sixty mills and the amount determined pursuant to subdivision a of subsection 4 of section 15.1-27-04.1 before adjustment under this section.

15.1-27-14. Per student payments — Students attending school out of state. [Repealed]

Repealed by S.L. 2007, ch. 163, § 58.

15.1-27-15. Isolated schools. [Repealed]

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:

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;
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;
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
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.

Source:

S.L. 2013, ch. 161, § 1.

Note.

This section is set out above to reflect a correction from the state since the 2015 cumulative supplement. In the first sentence, the reference to subdivision (j) was changed to (h).

15.1-27-16. Per student payments — Administrative cost-sharing — Cooperating districts and special education units. [Effective through June 30, 2024]

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.
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:
1. Provide unduplicated grade level services; or
2. Share administrative personnel.
If any school district receiving payments under this chapter or any special education unit cooperates with another school district or special education unit to jointly employ both a superintendent and a business manager or to jointly employ both a special education unit director and a business manager, the superintendent of public instruction shall provide partial reimbursement of the combined salaries of the superintendent and the business manager or partial reimbursement of the combined salaries of the special education unit director and the business manager as follows:
1. If the combined salaries exceed three hundred thousand dollars, the amount of the reimbursement must be calculated based upon three hundred thousand dollars. Each cooperating school district or special education unit shall receive a prorated share of the reimbursement percentages listed below based on the percentage of full-time equivalency that the superintendent and business manager or the special education unit director and business manager are employed by each district or special education unit. The percentage of reimbursement for the combined salaries of the jointly hired superintendent and business manager or of the jointly hired special education unit director and business manager must be as follows:
  1. If two schools or special education units are cooperating, ten percent of the combined salaries;
  2. If three schools or special education units are cooperating, fifteen percent of the combined salaries;
  3. If four schools or special education units are cooperating, twenty percent of the combined salaries; and
  4. If five or more schools or special education units are cooperating, twenty - five percent of the combined salaries.
2. To be eligible for reimbursement under this subsection, the cooperating school districts or special education units must:
  1. Have been approved by the superintendent of public instruction and have implemented their administrative cost - sharing program after June 30, 2022; and
  2. Submit the salaries of the superintendent and business manager or the salaries of the special education unit director and business manager to the superintendent of public instruction by June first of each year.

Source:

S.L. 2001, ch. 181, § 11; 2007, ch. 163, § 16; 2019, ch. 169, § 1, eff April 11, 2019; 2021, ch. 13, § 22, eff July 1, 2021.

15.1-27-16. Per student payments — Cooperating districts. [Effective July 1, 2024]

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.
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:
1. Provide unduplicated grade level services; or
2. Share administrative personnel.

Source:

S.L. 2001, ch. 181, § 11; 2007, ch. 163, § 16; 2019, ch. 169, § 1, eff April 11, 2019; 2021, ch. 13, § 22, eff July 1, 2021.

15.1-27-17. Per student payments — Reorganization of school districts — Separate weighting factor.

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.
1. 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.
2. The separate weighting factor must be computed to four decimal places.
3. The provisions of this subsection are effective for a period of four years from the date of the reorganization.
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.

Source:

S.L. 2001, ch. 181, § 11; 2007, ch. 163, § 17; 2013, ch. 13, § 36.

15.1-27-18. Per student payments — Eligibility.

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.
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.

Source:

S.L. 2001, ch. 181, § 11; 2003, ch. 138, § 67; 2007, ch. 163, § 18.

15.1-27-19. Summer school courses and programs — Payments to school districts.

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.
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.

Source:

S.L. 2001, ch. 181, § 11; 2003 Sp., ch. 667, § 15; 2007, ch. 163, § 19; 2009, ch. 175, § 37.

15.1-27-20. State aid payments — Claim by school district — Appeal.

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.
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.

S.L. 2011, ch. 147, § 29; 2013, ch. 13, § 62; Repealed by 2015, ch. 137, § 38., eff July 1, 2015.

15.1-27-23. Weather or other conditions — Closure of schools — State aid payments to school districts.

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.
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.

Source:

S.L. 2001, ch. 181, § 11; 2011, ch. 147, § 27; 2011, ch. 148, § 1; 2015, ch. 137, § 13, eff July 1, 2015; 2019, ch. 149, § 13, eff July 1, 2019; 2021, ch. 140, § 3, eff August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 13 of chapter 137, S.L. 2015 became effective July 1, 2015.

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.

Source:

S.L. 2001, ch. 181, § 11; 2005, ch. 170, § 1; 2013, ch. 162, § 1.

Collateral References.

Construction and Application of Taylor Grazing Act (43 U.S.C.S. §§ 315 et seq.) and Regulations Promulgated Thereunder,. 71 A.L.R. Fed. 2d 197.

15.1-27-25. Royalties available under federal law — Distribution to counties and school districts — Continuing appropriation.

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.
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.
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.
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.
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.
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.
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.
The funds needed to make the distribution to counties, as provided for in this section, are hereby appropriated on a continuing basis.

Source:

S.L. 2001, ch. 181, § 11; 2005, ch. 171, § 1; 2013, ch. 15, § 20.

15.1-27-26. School district transportation of students — Payments. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

15.1-27-26.1. School district transportation of students — Payments.

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, and each school district with students riding commercial buses to and from school within the incorporated limits of a city, the following amounts from state funds:
1. For schoolbuses and school vehicles transporting students:
  1. Fifty-two cents per mile [1.61 kilometers] for vehicles that have a capacity of fewer than ten students; and
  2. One dollar and eleven cents per mile [1.61 kilometers] for schoolbuses that have a capacity of ten or more students; and
2. Thirty cents per one-way trip for each student transported.
The superintendent of public instruction shall provide per mileage payments if:
1. A school district qualifies to receive payment pursuant to subsection 1; and
2. The school district operates schoolbuses in accordance with state law relating to schoolbus standards and school vehicle driver requirements. A school district shall certify compliance with state law relating to schoolbus standards and school vehicle driver requirements when applying for payment under this section. The superintendent of public instruction may adopt rules governing certification of compliance under this subdivision.
Subject to legislative appropriation, the superintendent of public instruction shall reimburse school districts fifty cents per day per mile [1.61 kilometers] one-way for each mile over two miles [3.22 kilometers] for students transported by family transportation in accordance with section 15.1-30-02, according to the distance between the home of the student and the school. The distance must be measured by the route from the front door of the school attended to the front door of the residence of the family of the student according to the most convenient public course traveled.
The superintendent of public instruction shall use the latest available student enrollment count in each school district in applying the provisions of this section, with the exception of the 2021-22 and 2022-23 school years, for which the superintendent of public instruction shall calculate each school district’s payment based on the district’s miles and ridership data from the 2018-19 school year or the previous school year, whichever is greater.
This section does not authorize the reimbursement of any costs incurred in providing transportation for students to attend extracurricular activities or events.

Source:

S.L. 2021, ch. 162, § 1, eff August 1, 2021.

15.1-27-27. School district transportation of special education students — Payments. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

15.1-27-27.1. School district transportation of special education students — Payments.

Subject to legislative appropriation, the superintendent of public instruction shall pay each school district transporting students enrolled in special education programs approved by the superintendent of public instruction:
1. The amount provided in 15.1-27-26.1 for vehicles that have a capacity of fewer than ten students if the school district is transporting fewer than ten students per vehicle;
2. The amount provided in 15.1-27-26.1 for vehicles that have a capacity of ten or more students if the school district is transporting ten or more students per vehicle; and
3. The additional amount provided in 15.1-27-26.1, per one-way trip, for each student transported.
Subject to legislative appropriation, a school district entitled to payments under this section is entitled to receive transportation aid for all miles [kilometers] traveled and for all students transported, regardless of whether the students transported live within the incorporated limits of the city in which the students’ school is located.
Subject to legislative appropriation, the superintendent of public instruction shall reimburse school districts fifty cents per day per mile [1.61 kilometers] if:
1. The student being transported has a disability, as defined in chapter 15.1-32;
2. The student has an individualized education plan that requires the student attend a public or nonpublic school located outside the student’s school district of residence;
3. The student is transported by an adult family member in family provided transportation; and
4. The reimbursement does not exceed two round trips per day between the home of the student and the school.
Notwithstanding any other provision of law, the superintendent of public instruction, upon request from the school district, shall make the payments due to a school district under this section directly to a multidistrict special education unit.

Source:

S.L. 2021, ch. 162, § 2, eff August 1, 2021.

15.1-27-28. School district transportation of career and technical education students — Payments. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

15.1-27-28.1. School district transportation of career and technical education students — Payments.

Subject to legislative appropriation, the superintendent of public instruction shall pay each school district transporting students to and from schools in other school districts, to and from area career and technology centers, and to and from schools within the district for career and technical education courses offered through cooperative arrangements approved by the state board for career and technical education:
1. The amount provided in 15.1-27-26.1 for vehicles that have a capacity of fewer than ten students if the school district is transporting fewer than ten students per vehicle;
2. The amount provided in 15.1-27-26.1 for vehicles that have a capacity of ten or more students if the school district is transporting ten or more students per vehicle; and
3. The additional amount provided in 15.1-27-26.1, per one-way trip, for each student transported.
Subject to legislative appropriation, a school district entitled to payments under this section is entitled to receive transportation aid for all miles [kilometers] traveled and for all students transported, regardless of whether the students transported live within the incorporated limits of the city in which the students’ school is located.
Notwithstanding any other provision of law, the superintendent of public instruction, upon request from the school district, shall make the payments due to a school district under this section directly to an area career and technology center.

Source:

S.L. 2021, ch. 162, § 3, eff August 1, 2021.

15.1-27-29. Transportation payments — Certification of information. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

15.1-27-30. School district closure — Distribution of transportation payments. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

15.1-27-30.1. School district closure — Distribution of transportation payments.

If a school district ceases to exist, the superintendent of public instruction shall calculate the amount of transportation payments to which the former school district would have been entitled for providing transportation services during the school district’s final year of operation and shall pay a percentage of the amount certified to each school district in the state which enrolls students who attended the former school district during the prior school year. Each school district eligible for payment under this section is entitled to receive the percentage of the total amount certified which is the same as the percentage of the number of the district’s students who attended the former school district during the prior school year bears to the total number of students who attended the former school district during the prior school year.
Subject to legislative appropriation, the superintendent of public instruction shall pay the amount to which a school district is entitled under this section in the manner and at the time provided for other state payments in section 15.1-27-01.

Source:

S.L. 2021, ch. 162, § 4, eff August 1, 2021.

15.1-27-31. State transportation payments to school districts. [Repealed]

Repealed by S.L. 2003, Sp., ch. 667, § 41.

Note.

Section 41 of chapter 667, S.L. 2003, Sp. repealed this section effective July 1, 2003, pursuant to section 42 of chapter 667, S.L. 2003, Sp.

15.1-27-31.1. State transportation payments to school districts.

Subject to legislative appropriation, the superintendent of public instruction shall determine the total amount of payments to be made to the school districts for the transportation of students and shall pay the amount certified to each school district. Payments must be made in the same manner and at the time provided for other state payments in section 15.1-27-01. The superintendent of public instruction may not distribute more than one-half of the amount appropriated for transportation grants for any biennium in the first year of the biennium. If total transportation reimbursement claims exceed the amount appropriated by the legislative assembly, the superintendent of public instruction shall reduce transportation reimbursements on a prorated basis for all school districts requesting reimbursements.
A school district may not receive more than ninety percent of the actual costs incurred for the transportation of students.
For purposes of this section, actual costs include the transportation operating expenditures reported to the superintendent of public instruction for the most recent year plus the eight - year average cost of transportation equipment determined by the superintendent of public instruction. Any district having contracted for transportation services may determine the actual costs for the first year the district provides its own transportation services by using the statewide average cost of transportation during the first year.

Source:

S.L. 2007, ch. 163, § 26; 2009, ch. 175, § 39; 2011, ch. 147, § 28; 2013, ch. 13, § 38; 2015, ch. 137, § 14, eff July 1, 2015; 2017, ch. 148, § 1, eff July 1, 2017; 2021, ch. 144, § 2, eff April 16, 2021.

Effective Date.

The 2015 amendment of this section by section 14 of chapter 137, S.L. 2015 became effective July 1, 2015.

Note.

The 2015 amendment to this section by section 14, of chapter 137, S.L. 2015, was to remove the expiration date of the section.

15.1-27-36. Definitions. [Repealed]

Repealed by S.L. 2007, ch. 163, § 58.

15.1-27-37. Compensation of teachers — Claim for reimbursement — Rules. [Repealed]

Repealed by S.L. 2007, ch. 163, § 58.

15.1-27-38. Compensation of teachers — Distribution of reimbursements. [Repealed]

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.

Source:

S.L. 2001, ch. 173, § 12; 2003 Sp., ch. 667, § 20; 2005, ch. 167, § 19; 2013, ch. 13, § 39.

15.1-27-40. Approved joint powers agreement — Report of expenses. [Repealed]

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]

Repealed by S.L. 2009, ch. 175, § 65.

15.1-27-42. Military installation school districts — Eligibility for state aid and equity payments. [Repealed]

S.L. 2001, ch. 181, § 12; 2005, ch. 173, § 1.

Cross-References.

Fines paid into state school fund, see N.D. Const., art. IX, § 2; N.D.C.C. § 29-27-02.1.

School district special reserve fund, see N.D.C.C. ch. 57-19.

Notes to Decisions

Support of Common Schools.

The North Dakota Constitution establishes a fund to be used for the support of the common schools in this state. The net proceeds from all fines for violation of state laws are to be applied to the tuition fund to benefit the common schools. State ex rel. Rayl v. Hettinger County, 467 N.W.2d 98, 1991 N.D. LEXIS 53 (N.D. 1991).

15.1-28-02. Reports of county treasurer.

The county treasurer shall collect the net proceeds of all fines for violation of state laws and shall forward the amounts collected, together with a detailed statement of the moneys collected, to the state treasurer on or before the fifteenth of each month.

Source:

S.L. 2001, ch. 181, § 12; 2005, ch. 174, § 1.

15.1-28-03. State tuition fund — Apportionment — Payment.

On or before the third Monday in each January, February, March, April, August, September, October, November, and December, the office of management and budget shall certify to the superintendent of public instruction the amount of the state tuition fund. The superintendent shall include the amount certified in determining the state aid payments to which each school district is entitled under chapter 15.1-27.

Source:

S.L. 2001, ch. 181, § 12; 2005, ch. 167, § 21; 2007, ch. 163, § 28.

CHAPTER 15.1-29 Nonresident Tuition and Reciprocity

15.1-29-01. Education of students in bordering states — Payment of tuition.

A student may attend school in a bordering state in accordance with section 15.1-29-02 provided:
1. 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; and
2. The student has received approval from the board of the student’s school district of residence.
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.
1. 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.
2. 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.
3. 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.
4. 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.
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.
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.

Source:

S.L. 2001, ch. 181, § 13; 2001, ch. 193, § 3; 2003 Sp., ch. 667, § 21; 2007, ch. 163, § 29.

DECISIONS UNDER PRIOR LAW

Discretion of Board.

School board was vested with discretion to determine whether it had facilities warranting the admission of applying nonresident pupils, and its determination in that respect would not be disturbed by the courts except in case of manifest abuse. Todd v. Board of Educ., 54 N.D. 235, 209 N.W. 369, 1926 N.D. LEXIS 139 (N.D. 1926).

15.1-29-02. Education of students in bordering states — Contract — Tuition.

A school district may contract with a school district in a bordering state for the education of students. A contract between school districts must provide for the payment of tuition at an agreed-upon amount.
A student who attends school in a bordering state under a contract provided for by this section is deemed to be in attendance in the student’s school district of residence. The student’s school district of residence is liable to the school district of the bordering state for payments as provided in the contract.
A school district in this state may not agree to accept a student from a bordering state unless the tuition payable equals or exceeds the amount of state aid that the district would have received from this state for a student in the same grade if that student had been attending school in the bordering state.

Source:

S.L. 2001, ch. 181, § 13; 2001, ch. 194, § 2; 2007, ch. 163, § 30.

15.1-29-02.1. Cross-border attendance — Contract with South Dakota.

A student who resides in a North Dakota school district contiguous to the South Dakota border may attend school in South Dakota, and a student who resides in a South Dakota school district contiguous to the North Dakota border may attend school in North Dakota, provided the superintendent of public instruction has entered into a contract with the secretary of the South Dakota department of education for the cross-border attendance of eligible students.
A contract entered under subsection 1 must set forth:
1. An application procedure;
2. Causes for denial of an application; and
3. The manner and notification of acceptance.
A contract entered under subsection 1 must authorize the superintendent of public instruction to count any South Dakota student participating in cross-border attendance under this section for the purposes of determining the amount of state aid to which a school district in this state is entitled. The superintendent of public instruction may not count a North Dakota student participating in cross-border attendance in accordance with the contract for purposes of determining the amount of state aid to which a school district in this state is entitled.
A contract entered under subsection 1 must provide that if there are more students from North Dakota than South Dakota participating in cross-border attendance under this section, the superintendent of public instruction shall forward to the secretary of the South Dakota department of education, on behalf of each excess student, an amount annually agreed to by the superintendent and the secretary as reflecting the average cost of education per student in the school districts participating in cross-border attendance in accordance with the contract. The contract must also provide that if there are more students from South Dakota than North Dakota participating in cross-border attendance under this section, the secretary shall forward to the superintendent, on behalf of each excess student, an amount annually agreed to by the superintendent and the secretary as reflecting the average cost of education per student in the school districts participating in cross-border attendance in accordance with the contract. The superintendent shall pay the cost of cross-border attendance from funds appropriated by the legislative assembly for state aid to schools. Payments received by the superintendent under this subsection shall be deposited in the general fund.
A student who requires special education services may participate in cross-border attendance under this section, provided the contract entered under subsection 1 sets forth each school district’s and each state’s responsibilities for payment of any excess costs incurred as a result of providing the services to the student.
Each school district may provide transportation to students participating in cross-border attendance under this section. However, the superintendent of public instruction may include only transportation provided within this state for purposes of determining the state transportation aid to which a district is entitled.
Sections 15.1-29-01 through 15.1-29-13 do not apply to students participating in cross-border attendance under this section.

Source:

S.L. 2005, ch. 175, § 1; 2019, ch. 149, § 15, eff July 1, 2019.

15.1-29-03. Education of students in other districts — Payment of tuition and transportation.

After taking into account the best interests of all affected parties, the board of a school district may elect to send its students to another school district. In this instance, the board shall pay for the students’ tuition and transportation. The board may arrange, and when petitioned to do so by qualified electors of the district equal in number to at least a majority of those who voted in the most recent annual school district election shall arrange, with other boards to send students to the other districts and to pay for their tuition and transportation.
If a district does not provide educational services to an entire grade level, the students in that grade level may attend a public school of their choice outside their district of residence without going through the procedures outlined in section 15.1-29-05. The board of the students’ school district of residence shall pay for the students’ tuition and transportation. For purposes of determining whether educational services are provided to an entire grade level, districts cooperating with each other in the joint provision of educational services under a plan approved by the superintendent of public instruction are considered to be a single district.

The committee shall conduct the hearing in a manner that allows all parties to present arguments and responses. The committee shall base its decision regarding the petition on the grade in which the student is or will be enrolled.

Source:

S.L. 2001, ch. 181, § 13; 2001, ch. 193, § 4; 2003 Sp., ch. 667, § 22; 2017, ch. 149, § 2, eff August 1, 2017.

15.1-29-07. Payment of tuition by parent — Content of tuition contract with parent.

If the board of a student’s school district of residence refuses to pay the tuition or sign a tuition waiver contract in order for the student to attend school in another district and if the committee established under section 15.1-29-06 denies the petition on appeal, the student’s parent may pay the tuition.
If the parent chooses to pay the tuition, the parent shall:
1. Submit at least fifty percent of the total amount due on the day of enrollment; and
2. Provide the board of the admitting district with a written contract agreeing to pay any remaining balance on or before December thirty-first.

Source:

S.L. 2001, ch. 181, § 13; 2017, ch. 149, § 3, eff August 1, 2017.

15.1-29-08. Payment of tuition — Kindergarten student. [Repealed]

Repealed by S.L. 2001, ch. 193, § 5.

15.1-29-09. Payment of tuition by federal government.

An admitting district may accept payments under title 1 of Public Law No. 81-874 [64 Stat. 1100; 20 U.S.C. 236 et seq.] as tuition for a nonresident student if:

The student’s parent is employed on an installation owned by the federal government;
The student’s parent resides on an installation owned by the federal government; and
The boards of the student’s school district of residence and the admitting district agree to accept the payments in lieu of other tuition for the nonresident student.

Source:

S.L. 2001, ch. 181, § 13.

15.1-29-10. Tuition contracts — Agreement with federal officials.

A school board may contract with federal officials for the education of students in a federal school.

Source:

S.L. 2001, ch. 181, § 13.

15.1-29-11. Admission of students — Conditions.

The board of a school district shall admit students from other districts to its schools if:

The admission does not create overcrowding; and
1. The board of the sending district has entered into a contract with the board of the admitting district regarding the students’ attendance;
2. Tuition will be paid by the parents of the students from the sending district; or
3. The grade level required by the students is not offered by the sending district.

Source:

S.L. 2001, ch. 181, § 13.

15.1-29-12. Tuition payments — Determination.

Except as provided in section 15.1-29-13, a school district sending a student to another district for purposes of education shall pay the full cost of education per student incurred by the admitting district.
1. The admitting district shall determine the cost of education per student for its kindergarten, elementary, and high school students on the basis of its average daily membership and those expenditures permitted in determining the cost of education per student in section 15.1-27-03.
2. To the cost of education per student, the admitting district shall add the latest available statewide average per student cost for extracurricular activities and the state average capital outlay per student. The state average capital outlay per student is determined by dividing the total of all school districts’ annual expenditures for sinking and interest funds, tax receipts to the building funds, and general fund expenditures for capital outlay by the average daily membership of the state.
3. The admitting district shall subtract the following from the amount arrived at under subdivision b:
  1. The per student payment multiplied by the admitting district’s school size weighting factor; and
  2. Any credit for taxes paid to the admitting district by the student’s parent.
4. The amount remaining is the full cost of education per student incurred by the admitting district. The tuition amount payable for the individual student is the lesser of:
  1. The full cost of education per student incurred by the admitting district; or
  2. One hundred fifty percent of the state average full cost of education per student.
5. Admitting school districts shall charge the tuition amount payable determined in subdivision d multiplied by two hundred percent or four thousand dollars, whichever is greater, if the admitting school district:
  1. Is located in an oil-producing county;
  2. Is eligible to receive gross production tax revenue in lieu of property taxes;
  3. Is located in cities with populations over twenty-four thousand;
  4. Has a tax base fewer than twenty square miles;
  5. Levies greater than sixty mills for local property taxes;
  6. Has student enrollments of greater than four thousand;
  7. Has average student growth of over two hundred per year over the preceding five years;
  8. Uses portable classrooms; and
  9. Has enrollment exceeding school facility capacity.
This section does not affect the right of a school board to charge and collect tuition from students who are not residents of this state, in accordance with section 15.1-29-02.

Source:

S.L. 2001, ch. 181, § 13; 2005, ch. 167, § 24; 2007, ch. 180, § 1; 2007, ch. 163, § 31; 2019, ch. 149, § 16, eff July 1, 2019.

15.1-29-13. Tuition payments — Nonresident students.

1. Except as provided in this subsection or as otherwise agreed to in the compact on educational opportunity for military children, the board of a school district that admits a nonresident student shall charge and collect tuition for the student. Either the student’s district of residence shall pay the tuition to the admitting district in accordance with section 15.1-29-12 or the student’s parent shall pay the tuition to the admitting district in accordance with section 15.1-29-07.
2. A board may charge tuition for nonresident students enrolled in an approved alternative education program.
3. Except as otherwise provided, if a school district fails to charge and collect tuition for a nonresident student, the districts shall forfeit any state aid otherwise payable for the nonresident student.
1. The board of a school district may admit a nonresident student from another district in this state offering the same grade level as that in which the student is enrolled without a charge and collection of tuition if the sending and admitting districts have entered into a written contract regarding the student’s admission.
2. For purposes of determining whether the same grade level is offered, two or more school districts cooperating with each other for the joint provision of educational services under a plan approved by the superintendent of public instruction must be considered to be a single district.
3. The contract must specify whether transportation is to be provided and, if so, by which district. If a school district of residence does not provide transportation to the student, it may be provided by the admitting district and the admitting district is then entitled to state payments for the transportation of the student.
4. A contract is not necessary if the nonresident student is enrolled in an approved alternative education program for which no tuition is charged.
5. A school district may admit a nonresident student described in section 15.1-31-07 from another school district in this state without a charge and collection of tuition and without a written agreement.
A school district may not charge or collect from a nonresident student, the student’s parent, or the student’s district of residence any fees or charges not otherwise assessed to all resident students.

Source:

S.L. 2001, ch. 181, § 13; 2003 Sp., ch. 667, § 23; 2011, ch. 129, § 4; 2013, ch. 146, § 7.

DECISIONS UNDER PRIOR LAW

Application of Section.

Former section was intended to apply only in those cases where the receiving district already had facilities for seating and instruction which, in the judgment of its board, warranted the admission of nonresident pupils. Todd v. Board of Educ., 54 N.D. 235, 209 N.W. 369, 1926 N.D. LEXIS 139 (N.D. 1926).

Tuition.

Where a tuition charge is imposed upon nonresident pupils admitted to a high school, such charge must be alike to all, and the board may not arbitrarily admit certain pupils and exclude others. Todd v. Board of Educ., 54 N.D. 235, 209 N.W. 369, 1926 N.D. LEXIS 139 (N.D. 1926).

A school district cannot be compelled to pay the tuition of pupils attending any high school other than a standardized high school; a high school in a special school district not supervised by the department of public instruction nor receiving state aid was not a “standardized high school” within statute relating to admission of nonresident pupils. State ex rel. Mannes v. Alquist, 59 N.D. 762, 231 N.W. 952, 1930 N.D. LEXIS 194 (N.D. 1930).

15.1-29-14. Student placement for noneducational purposes — Residency determination — Payment of tuition and tutoring charges.

1. Except as provided in subdivision b, for purposes of applying this chapter, a student’s school district of residence is the district in which the student’s custodial parent or legal guardian resides:
  1. At the time that a state court, tribal court, director of juvenile court, or the division of juvenile services issues an order requiring the student to stay for a prescribed period in foster care or at a state-licensed child care home or facility;
  2. At the time a county or state social service agency places the student, with the consent of the student’s parent or legal guardian, in foster care or at a state-licensed child care home or facility;
  3. At the time the student is initially placed in a state-operated institution, even if the student is later placed in foster care or at a state-licensed child care home or facility; or
  4. At the time the student is placed voluntarily, by a parent or legal guardian, in a state-operated institution or in a state-licensed child care home, facility, or program, located either within or outside the student’s school district of residence, including those defined in sections 25-01.2-01 and 50-11-00.1.
2. A determination regarding the student’s school district of residence made under subdivision a is valid until the September fifteenth following the determination. On that date and each September fifteenth thereafter, the placing agency or the entity funding the student’s placement shall determine the district in which the student’s custodial parent or legal guardian resides and shall notify the district that it is deemed to be the student’s district of residence for purposes of this chapter. If, however, the student is placed in accordance with paragraph 4 of subdivision a and the placement is privately funded, the administrator of the facility or program in which the student is placed shall determine the student’s school district of residence and provide the notification required by this subdivision.
The student’s school district of residence is obligated to pay:
1. All charges for tuition upon claim of the admitting district; and
2. All charges for tutoring services upon claim of an admitting facility, provided that the tutoring services are delivered by an individual who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board.
The state shall pay the tuition and tutoring charges under subsection 2 from funds appropriated by the legislative assembly for state aid to schools if, on the September fifteenth after a student placement is made as provided for under subsection 1:
1. The student’s custodial parent or legal guardian establishes residency outside this state;
2. A court orders a termination of parental rights with respect to the student’s parents;
3. The student no longer has a custodial parent; or
4. The superintendent of public instruction has determined that all reasonable efforts to locate a parent or legal guardian have been unsuccessful.
If the student is voluntarily admitted to a state-licensed child care home or facility, or to a state-operated institution, the student’s parent or, if one has been appointed, the student’s legal guardian may appeal a determination under section 15.1-29-05 regarding the payment of tuition by filing a petition with the county superintendent of schools. Within fifteen days of receiving the petition, the three-member committee established under section 15.1-29-06 shall consult with the boards of the affected school districts and with the student’s parent or legal guardian and render a decision regarding responsibility for the payment of tuition charges.
If the student’s district of residence does not pay the required tuition and tutoring charges, the admitting district or facility shall notify the superintendent of public instruction. Upon verification that tuition and tutoring charges are due and unpaid, the superintendent shall withhold all state aid otherwise payable to the student’s school district of residence until the total amount due has been fully paid.
1. An amount equal to the state average per student elementary or high school cost, depending on the student’s grade of enrollment, is payable to the admitting district or facility as part of the cost of educating the student for the school year. The payment may not exceed the actual per student cost incurred by the admitting district or facility.
2. The remainder of the actual cost of educating the student not covered by other payments or credits must be paid by the state, within the limits of legislative appropriations, from funds appropriated for the payment of special education contract charges in the case of a student with disabilities or from state aid payments to schools in all other cases. For purposes of this subdivision, “actual costs” includes the cost of a summer program if the program is a condition of placement at a residential facility that has been determined by a placing agency or entity to be an appropriate placement for a student.
If a student with disabilities placed in accordance with this section reaches age eighteen and continues to receive special education and related services, the student’s school district of residence is deemed to be the same as that of the student’s custodial parent until the special education services are concluded. The obligations of the student’s school district of residence as provided in subsection 2 and the obligations of the state as provided in subsection 3 are applicable to all students described in this subsection.
1. The placing agency or entity funding the student’s placement shall provide written or electronic notice regarding an initial placement and all subsequent placements of a student to the superintendent of the student’s school district of residence and to the superintendent of the admitting district:
  1. Within five working days after a placement is made under court order;
  2. Within five working days after an emergency placement is made; or
  3. At least ten working days prior to any other placement.
2. If, however, the student’s parent or legal guardian voluntarily places the student in a state-operated institution or in a state-licensed child care home, facility, or program, located outside the student’s school district of residence, including those defined in sections 25-01.2-01 and 50-11-00.1, and if the placement is privately funded, the administrator of the facility or program in which the student is placed shall determine the student’s school district of residence and provide the notification required by this section.
3. The notice must include any information requested by the superintendent of public instruction for purposes of determining payment responsibility.
4. The placing agency shall afford the student’s school district of residence reasonable opportunity to participate in permanency planning for the student.
Notwithstanding this section, educational services provided to a student by the youth correctional center are not subject to the payment of tuition and tutoring charges by either the student’s school district of residence or the superintendent of public instruction.
For purposes of this section, “custodial parent” means the parent who has been awarded sole legal and physical custody of the student in a legal proceeding or, if there is currently no operative custody order, the parent with whom the student resides. If the student resides with both parents, then both are custodial parents.

Source:

S.L. 2001, ch. 181, § 13; 2003 Sp., ch. 667, § 24; 2005, ch. 176, § 1; 2007, ch. 179, § 2; 2007, ch. 274, § 2; 2007, ch. 163, § 32; 2009, ch. 13, § 19; 2011, ch. 149, § 1; 2013, ch. 163, § 1; 2017, ch. 150, § 1, eff August 1, 2017.

Law Reviews.

Case Comment: Schools — Handicapped Children: The United States Supreme Court Rules That The 1997 Amendments to Individuals With Disabilities Education Act Do Not Categorically Bar Tuition Reimbursement For Unilateral Private-School Placements: Forest Grove School District v. T.A., 129 S. Ct. 2484 (2009), see 86 N.D. L. Rev. 587 (2010).

15.1-29-14.1. Placement of student by out-of-state agency or entity — Provision of services — Contract — Responsibility for tuition and charges.

A school district in this state may not enroll a student who is placed in the district for purposes other than education by an out-of-state agency or entity and whose school district of residence is located in another state, unless:

This state and the student’s state or school district of residence have entered a contract that addresses responsibility for the payment of all tuition and tutoring charges; or
Other contractual arrangements exist governing responsibility for the payment of all tuition and tutoring charges.

Source:

S.L. 2005, ch. 176, § 2.

15.1-29-15. Levy for tuition payments.

If the board of a school district approves tuition payments for students in grades seven through twelve or if the board is required to make tuition or tutoring payments under this chapter, the board may levy an amount sufficient to meet such payments, pursuant to section 57-15-14.2.

Source:

S.L. 2001, ch. 181, § 13; 2007, ch. 163, § 33; 2013, ch. 13, § 41.

CHAPTER 15.1-30 Transportation of Students

15.1-30-01. Transportation or meals and lodging — Options of school board.

The board of a school district may:
1. Provide for the transportation of a student to and from school; or
2. If acceptable to the student’s parent, reimburse the parent for expenses incurred in providing meals and lodging to the student outside the student’s home.
A parent receiving payments under section 15.1-30-02 is not eligible to receive payments under this section.
If the board elects to provide for the transportation of students by public transit, the board shall establish eligibility criteria based on a minimum distance between a student’s residence and the school. Except as otherwise provided by law, the board shall apply the criteria equally to all students in the district.
If the board closes one of several schools in the district, nothing in this section precludes the board from agreeing to provide transportation to those students who were placed in another school in the district because of the closure.
Benefits under this section are available even if a student is transported to another school district in or outside this state, provided the student’s attendance meets all other conditions established by law.

Source:

S.L. 2001, ch. 181, § 14; 2003 ch. 166, § 1; 2003 Sp., ch. 667, § 25.

DECISIONS UNDER PRIOR LAW

Construction.

Former similar statute providing for the transportation of school children was mandatory, but was construed liberally. State ex rel. Brand v. Mostad, 28 N.D. 244, 148 N.W. 831, 1914 N.D. LEXIS 115 (N.D. 1914).

Implied Contract.

Where a school board failed to furnish transportation for children, it was under an implied contractual obligation to compensate the parties who carried their children to school. Eastgate v. Osago Sch. Dist., 41 N.D. 518, 171 N.W. 96 (1919), decided prior to the enactment of R.C. 1943, 15-3404 (repealed by Session Laws 1971, ch. 158).

15.1-30-02. Transportation payments — Board option.

The board of a school district in the state may pay to the parent of each student who resides more than two miles [3.22 kilometers] from the public school which the student attends a reasonable sum per day for each day the student attends the school, provided:
1. The student is transported to school by an adult member of the student’s family;
2. The student’s transportation is provided in a vehicle furnished by the student’s parent;
3. The student’s transportation is paid for by the student’s parent; or
4. The cost of providing meals and lodging for the student at a location other than the student’s residence is assumed by the student’s parent.
The board shall calculate the payment provided for in this section according to the distance between the front door of the student’s residence and the front door of the school attended by the student, using the most direct public route.

DECISIONS UNDER PRIOR LAW

Analysis

Constitutionality.
Imposition of User Fees.

Constitutionality.

A state’s decision to allow local school boards the option of charging patrons a user fee for bus service is constitutionally permissible. Kadrmas v. Dickinson Pub. Sch., 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

This section discriminates against no suspect class and interferes with no fundamental right. The statute does not violate the Equal Protection Clause of the Fourteenth Amendment. Kadrmas v. Dickinson Pub. Sch., 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

This section is purely economic legislation which involves neither a suspect classification nor a fundamental or important substantive right which would require the strict scrutiny or intermediate standard of review; in equal protection challenges to legislation involving student transportation the traditional rational basis standard of review has been employed; thus, this section must be upheld unless it is patently arbitrary and fails to bear a rational relationship to any legitimate government purpose. Kadrmas v. Dickinson Pub. Sch., 402 N.W.2d 897, 1987 N.D. LEXIS 275 (N.D. 1987), aff'd, 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

Encouraging local school districts to provide school bus service is a legitimate state purpose and such encouragement would be undermined by a rule requiring that general revenues be used to subsidize an optional service that would benefit a minority of the district’s families. Kadrmas v. Dickinson Pub. Sch., 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

Schoolbus charges authorized by this section are rationally related to the legitimate governmental objective of allocating limited resources, and this section does not discriminate on the basis of wealth so as to violate federal or state equal protection rights. Kadrmas v. Dickinson Pub. Sch., 402 N.W.2d 897, 1987 N.D. LEXIS 275 (N.D. 1987), aff'd, 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

This section does not violate the federal or state equal protection rights of persons residing in nonreorganized districts. Kadrmas v. Dickinson Pub. Sch., 402 N.W.2d 897, 1987 N.D. LEXIS 275 (N.D. 1987), aff'd, 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

Section 15-34.2-06.1 (now N.D.C.C. § 15.1-30-05), which authorizes charges for schoolbus service, does not violate N.D. Const., art. VIII, § 2, Kadrmas v. Dickinson Pub. Sch., 402 N.W.2d 897, 1987 N.D. LEXIS 275 (N.D. 1987), aff'd, 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

Plaintiffs failed to demonstrate that this section was both arbitrary and irrational. Kadrmas v. Dickinson Pub. Sch., 487 U.S. 450, 108 S. Ct. 2481, 101 L. Ed. 2d 399, 1988 U.S. LEXIS 2878 (U.S. 1988).

Imposition of User Fees.

15.1-30-06. Transportation — Bids, contracts, bonds.

Before the beginning of each school year, the board of a school district that provides transportation shall contract for the provision of transportation services during the school year. Except as provided in section 15.1-30-11, the board shall provide notice of its intent to contract by publishing the time and place for submission of sealed bids in the official newspaper of the school district at least ten days prior to the required date of submission. The notice must:
1. Include the route to be covered by each contract;
2. Provide that the board reserves the right to reject any and all bids;
3. Provide that each successful bidder must submit in a separate envelope a bond in an amount set by the board, provided that the amount of the bond must be at least five hundred dollars;
4. Provide that the bond must be conditioned for the faithful performance of the duties set forth in the contract; and
5. Provide that any bids submitted name the individual who will operate the vehicle and describe the vehicle.
If the transportation vehicle is privately owned, the duration of the contract may not exceed seven years.
This section does not apply to a school district that owns its own buses and employs its own busdrivers.

Source:

S.L. 2001, ch. 181, § 14.

15.1-30-07. Transportation contract — Standard form.

The superintendent of public instruction shall prepare a standard transportation contract form and shall provide copies, upon request, to school districts.

Source:

S.L. 2001, ch. 181, § 14.

15.1-30-08. Transportation contract — Provisions.

A transportation contract must:

Provide that no vehicle other than that described in the contract may be used to transport students, unless a change is authorized in writing by the board of the school district.
Provide that only the individual named in the contract may operate a vehicle used to transport students, unless a change is authorized in writing by the board.
Include the transportation routes that were established by the board and which are to be covered by the transportation provider.
Set compensation for the provision of transportation.
Describe the process by which an equitable adjustment of compensation will be determined and paid if a change in the established transportation routes becomes necessary.

Source:

S.L. 2001, ch. 181, § 14.

Notes to Decisions

Exhaustion of Remedies.
Judicial Review.

Prior statute did not prohibit board from furnishing transportation in cases where the district had made arrangements to send its pupils to another district. Herman v. Medicine Lodge Sch. Dist., 71 N.W.2d 323, 1955 N.D. LEXIS 117 (N.D. 1955).

15.1-30-12. Contract for transportation — Conditions.

The board of a school district shall let the contract, except as otherwise provided in section 15.1-30-11, to the lowest responsible bidder who:
1. Furnishes a bond approved by the board, as provided for in section 15.1-30-06;
2. Agrees to use a vehicle which, in the opinion of the board, meets the standards imposed by the superintendent of public instruction under sections 39-21-27 and 39-21-27.1 and which is safe, comfortable, and suitable for the purpose; and
3. Identifies individuals who, in the opinion of the board, are competent and responsible to serve as drivers.
The board may not enter a contract for transportation with an individual member of the board.
An individual member of the board may serve as the driver of a vehicle identified for use in the transportation contract.

CHAPTER 15.1-31 Open Enrollment

15.1-31-01. Open enrollment — Procedure.

By March first of the school year preceding the year of enrollment, 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. The superintendent of public instruction shall make the application forms available in each school district.
By April first of the school year preceding the year of enrollment, the board of the admitting district shall approve or deny the application. The board of the admitting district shall notify the board of the district of residence and the student’s parent of its decision within five days.
Notice of intent to enroll in the admitting district obligates the student to attend the admitting district during the following school year unless the school boards of the resident and the admitting districts agree in writing to allow the student to transfer back to the resident district or the student’s parent relocates to another district.
All applications must be reviewed in the order they are received.
A student whose school district of residence does not offer the grade level in which the student requires enrollment may not participate in open enrollment. For purposes of determining whether the grade level in which the student requires enrollment is offered, the several school districts cooperating with each other for the joint provision of education services under a plan approved by the superintendent of public instruction must be considered to be a single district.
A child placed for purposes other than education in a group or residential care facility or in a psychiatric residential treatment facility is not eligible for open enrollment under this section.
The board of a school district of residence and the board of an admitting district shall waive the application, consideration, and approval dates in this section for any student who, together with the student’s parent, moves from the student’s school district of residence to another school district and who wishes to enroll in a school district other than the district to which the student moved.
The board of a school district of residence and the board of an admitting district shall waive the application, consideration, and approval dates in this section for any student who, together with the student’s parent, moves into this state from out of state and who wishes to enroll in a school district other than the district to which the student moved.

CHAPTER 15.1-32 Special Education

15.1-32-01. Definitions.

As used in this chapter:

“Related services” means transportation and developmental and corrective or supportive services required to assist a student with disabilities to benefit from special education.
“Special education” means instruction designed to meet the needs of a student with disabilities, transportation, and corrective and supporting services required to assist a student with disabilities in taking advantage of, or responding to, educational programs and opportunities.
“Student who is gifted” means an individual who is identified by qualified professionals as being capable of high performance and who needs educational programs and services beyond those normally provided in a regular education program.
1. “Student with a disability” means an individual who is at least three years of age but who has not reached the age of twenty-one before August first of the year in which the individual turns twenty-one and who requires special education and related services because of:
  1. An intellectual disability;
  2. A hearing impairment, including deafness;
  3. Deaf-blindness;
  4. A speech or language impairment;
  5. A visual impairment, including blindness;
  6. An emotional disturbance;
  7. An orthopedic impairment;
  8. Autism;
  9. A traumatic brain injury;
  10. Other health impairment; or
  11. A specific learning disability.
2. “Student with a disability” includes a student age eighteen through twenty-one who is incarcerated in an adult correctional facility and who, in the last educational placement prior to incarceration, was identified as being a student with a disability and did not have an individualized education program or was identified as being a student with a disability and had an individualized education program.

Source:

S.L. 2001, ch. 181, § 16; 2001, ch. 196, § 2; 2003, ch. 168, § 1; 2007, ch. 182, § 1; 2011, ch. 150, § 1; 2011, ch. 207, § 4; 2015, ch. 62, § 12, eff August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 12 of chapter 62, S.L. 2015 became effective August 1, 2015.

Notes to Decisions

Right to Education.

Each school district shall provide special education and related services as a single district, as a member of a multidistrict special education unit in accordance with chapter 15.1-33, or as a participating district in a regional education association under chapter 15.1-09.1. Each school district and entity providing special education shall cooperate with the director of special education and with the institutions of this state in the provision of special education.

Source:

S.L. 2001, ch. 181, § 16; 2007, ch. 163, § 37; 2007, ch. 162, § 8.

Notes to Decisions

Residency Considerations.

Deaf child, whose family originally lived within the Southwest Multi-District Special Education Unit (Southwest District) and had to attend the North Dakota School for the Deaf in Devils Lake because the Southwest District had no comparable facility, was a resident of the Southwest District for educational purposes, despite the fact that her mother and sister relocated to live with her in Devils Lake during the school year. Lapp v. Reeder Pub. Sch. Dist. No. 3, 491 N.W.2d 65, 1992 N.D. LEXIS 196 (N.D. 1992).

Collateral References.

If in the opinion of an individualized education program team or a services plan team a student is unable to attend a public school in the special education unit to which the student’s school district of residence belongs, the student’s school district of residence shall contract with another public school that:
1. Does not belong to the same special education unit;
2. Is located in this state;
3. Is willing to admit the student; and
4. Is able to provide appropriate services to the student.
The superintendent of public instruction shall approve in advance the terms of the contract and the services to be provided by the admitting school.
The contract must provide that the student’s school district of residence is liable for the cost of educating the student.
Upon being notified by the district in which the student receives services that the student’s school district of residence has not paid for services that were provided to the student, the superintendent of public instruction, after verification, shall withhold all state aid payments to which the student’s school district of residence is entitled, until the required payments have been made.

Source:

S.L. 2001, ch. 181, § 16; 2005, ch. 177, § 1; 2007, ch. 163, § 38.

15.1-32-15. Student with disabilities — Attendance at private institution or out-of-state public school.

If in the opinion of an individualized education program team or an education services team a student is unable to attend a public school in the student’s school district of residence because of a disability, and if no public school in the state will accept the student and provide the necessary services, the student’s school district of residence shall contract with:
1. A private, accredited, nonsectarian, nonprofit institution that is located within or outside of this state and which has the proper facilities for the education of the student; or
2. A public school located outside of this state that has proper facilities for the education of the student.
The superintendent of public instruction shall approve in advance the terms of the contract and the services to be provided by the admitting institution or school.
The contract must provide that the student’s school district of residence is liable for the cost of educating the student.
A student who receives services under this section is deemed to be enrolled in the student’s school district of residence for purposes of determining average daily membership.

Notes to Decisions

Residency Considerations.

Law Reviews.

15.1-32-19. Boarding care costs — Reimbursement of school district. [Effective September 1, 2022]

Source:

S.L. 2001, ch. 181, § 16; 2011, ch. 149, § 2; 2013, ch. 163, § 2; 2021, ch. 352, § 72, eff September 1, 2022.

15.1-32-20. School district financing — Levy. [Repealed]

Source:

S.L. 2001, ch. 181, § 16; 2013, ch. 13, § 62; Repealed by 2015, ch. 137, § 38., eff July 1, 2015.

15.1-32-21. Federal aid for special education.

The superintendent of public instruction may apply for, receive, and administer federal aid available for the provision of special education services to students.
The superintendent may expend any federal aid received in the administration of this chapter within the limits of legislative appropriations.
School districts and multidistrict special education units are deemed to be local education agencies for purposes related to the funding of special education services within the limits of legislative appropriations.
North Dakota vision services — school for the blind, the school for the deaf, the life skills and transition center, the youth correctional center, and the state hospital may apply for, receive, and administer federal aid and may expend federal aid within the limits of legislative appropriations.

Source:

S.L. 2019, ch. 170, § 1, eff August 1, 2019.

15.1-32-26. Dyslexia screening — Pilot program — Report to legislative management — Professional development.

For purposes of this section:
1. “Dyslexia” means a specific learning disability that is neurological in origin and characterized by difficulties with accurate or fluent recognition of words and poor spelling and decoding abilities, independent of the individual’s general intelligence level.
2. “Specialist trained in dyslexia” means an individual who:
  1. Has expertise providing training in phonological and phonemic awareness, sound and symbol relationships, alphabet knowledge, rapid naming skills, and encoding and decoding skills;
  2. Is fluent in the dyslexia intervention process; and
  3. Has training in identifying dyslexia.
Beginning with the 2019-20 school year and continuing through the 2022-23 school year, t he superintendent of public instruction shall establish and operate a pilot program to provide early screening and intervention services for children with risk factors for dyslexia, including low phonemic awareness.
To be eligible to participate in the program, a school district, regional education association, or special education unit must submit an application to the superintendent which:
1. Identifies a method of screening children for low phonemic awareness and other risk factors for dyslexia;
2. Provides for the enrollment of children identified as having risk factors for dyslexia in a reading program staffed by specialists trained in dyslexia and multisensory structured language programs; and
3. Includes a methodology for evaluating the effects of the reading program on the identified risk factors of the child.
Each grantee selected to participate in the program shall:
1. Provide low phonemic awareness and other dyslexia risk factor screenings for children under seven years of age through a reading program established under subsection 3;
2. Provide reading intervention services to students identified as having dyslexia;
3. Administer assessments, approved by the superintendent of public instruction, to determine the effectiveness of the program in improving the reading and learning skills of children enrolled in the program; and
4. Provide professional development on dyslexia identification and interventions to grant participants.
The board of each participating grantee shall report annually to the superintendent of public instruction regarding the operation, results, and effectiveness of the pilot program in a manner prescribed by the superintendent. Before July 1, 2021, the superintendent of public instruction shall compile the information and report to the legislative management with a recommendation whether to continue the pilot program beyond the 2022-23 school year.

Source:

S.L. 2019, ch. 170, § 2, eff August 1, 2019.

CHAPTER 15.1-33 Multidistrict Special Education

15.1-33-01. Multidistrict special education unit — Corporation.

Each multidistrict special education unit is a body corporate and has all the powers and duties usual to corporations for public purposes or as conferred upon it by law.

Source:

S.L. 2001, ch. 181, § 17.

15.1-33-02. Multidistrict special education units — School district participation.

A school district may join a multidistrict special education unit or together with other school districts form a multidistrict special education unit for purposes of planning and delivering special education and related services. If a school district wishes to join a multidistrict special education unit from which it has been excluded, the school district may petition the superintendent of public instruction. A school district may appeal a decision of the superintendent under this section to the state board of public school education.

Source:

S.L. 2001, ch. 181, § 17; 2007, ch. 162, § 9; 2007, ch. 163, § 42.

15.1-33-03. Multidistrict special education unit — Organizational plan — Contents.

Each multidistrict special education unit shall maintain an organizational plan on file with the superintendent of public instruction. The organizational plan must include:

A list of the unit’s board members.
A description of how each school district is represented on the board.
The method used to select officers.
The terms of office.
Scheduled meeting times.
Quorum requirements.
Any other items required through rule by the superintendent of public instruction.

The board of the withdrawing school district shall approve the withdrawal.
The board of the withdrawing school district shall inform the board of the multidistrict special education unit that it has elected to withdraw from the unit.
The board of the withdrawing school district shall submit a plan to the superintendent of public instruction regarding the provision of services to students with disabilities.

Source:

S.L. 2001, ch. 181, § 17.

15.1-33-07. Multidistrict special education unit — Board — Preparation of annual plan.

The board of a multidistrict special education unit shall prepare, on behalf of the participating school districts, an annual plan regarding the provision of special education and related services and shall submit the plan to the superintendent of public instruction for approval.

Source:

S.L. 2001, ch. 181, § 17.

15.1-33-08. Multidistrict special education unit — Board — Powers.

The board of a multidistrict special education unit may:

Receive state and federal funds and distribute them to each participating school district.
Employ personnel necessary to carry out administrative services, itinerant instruction, coordinative services, and related services.
Receive private and public funds and expend such funds for the compensation of personnel and for the payment of the board’s expenses.
Contract with the board of any school district for the provision of special education and related services.

As used in this chapter:

“Boarding home care for a student with disabilities” means the provision of food, shelter, security, and safety, on a twenty-four-hour basis, to an individual who has reached the age of three years but who has not reached the age of twenty-one before September first of the year in which the individual turns twenty-one and who because of mental, physical, emotional, or learning characteristics requires regular or special education and related services designed to meet the individual’s educational needs.
“Department” means the department of human services.
“Family boarding home” means a private residence at which boarding home care is regularly provided by the owner or lessee to no more than four students with disabilities. The limit of four students may be exceeded if all the students boarding at the home are related to each other by blood or marriage.
“Registration” means the process by which the department maintains a record of all family boarding homes, prescribes standards and adopts rules under section 15.1-34-14, and requires the operator of a home to certify that the operator has complied with the prescribed standards and adopted rules.
“Registration certificate” means a document issued by the department to provide public notice that the certificate holder is in compliance with this chapter and the applicable rules and standards prescribed by the department.
“Relative” means a grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, or aunt of the student by marriage, blood, or adoption.

Source:

S.L. 2001, ch. 181, § 18.

Notes to Decisions

Care in Child’s Mother’s Home.
Natural Parent.

Care in Child’s Mother’s Home.

Registration requirements did not apply where boarding home care for child was provided in the home of the child’s mother. Lapp v. Reeder Pub. Sch. Dist. No. 3, 491 N.W.2d 65, 1992 N.D. LEXIS 196 (N.D. 1992).

Natural Parent.

Natural parent was a “relative” for purposes of this chapter, and did not have to be registered or licensed to provide boarding care for her natural child. Lapp v. Reeder Pub. Sch. Dist. No. 3, 491 N.W.2d 65, 1992 N.D. LEXIS 196 (N.D. 1992).

15.1-34-01. Definitions. [Effective September 1, 2022]

As used in this chapter:

“Boarding home care for a student with disabilities” means the provision of food, shelter, security, and safety, on a twenty-four-hour basis, to an individual who has reached the age of three years but who has not reached the age of twenty-one before September first of the year in which the individual turns twenty-one and who because of mental, physical, emotional, or learning characteristics requires regular or special education and related services designed to meet the individual’s educational needs.
“Department” means the department of health and human services.
“Family boarding home” means a private residence at which boarding home care is regularly provided by the owner or lessee to no more than four students with disabilities. The limit of four students may be exceeded if all the students boarding at the home are related to each other by blood or marriage.
“Registration” means the process by which the department maintains a record of all family boarding homes, prescribes standards and adopts rules under section 15.1-34-14, and requires the operator of a home to certify that the operator has complied with the prescribed standards and adopted rules.
“Registration certificate” means a document issued by the department to provide public notice that the certificate holder is in compliance with this chapter and the applicable rules and standards prescribed by the department.
“Relative” means a grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, or aunt of the student by marriage, blood, or adoption.

Source:

S.L. 2001, ch. 181, § 18; 2021, ch. 352, § 73, eff September 1, 2022.

15.1-34-02. Students with disabilities — Boarding home care — Registration certificate.

A person may not establish or operate a family boarding home unless the person first obtains a registration certificate from the department. This section does not apply if the student’s boarding and care are provided in:

The home of a relative.
A home or institution under the management and control of the state or the board of a school district.
A home providing “foster care for children” as defined in section 50-11-00.1.

Source:

S.L. 2001, ch. 181, § 18.

Notes to Decisions

Natural Parent.
Registration Requirements Inapplicable.

Natural Parent.

Registration Requirements Inapplicable.

15.1-34-03. Registration certificate — Application.

In order to obtain a registration certificate for a family boarding home, a person shall complete an application form available from the department.
The department may investigate the applicant’s activities and may inspect the home for which the registration is sought.
The department shall grant the registration certificate within ten working days from the date the department receives the application if:
1. The home is in sanitary condition;
2. The home is properly equipped to provide for the health and safety of student boarders; and
3. The individual in charge of the home and all assistants are qualified to fulfill the duties required of them under this chapter and under any rules or standards prescribed by the department.
A registration certificate issued under this section is effective for up to two years.

The department determines that the offense has a direct bearing upon the person’s ability to serve the public as an owner or operator of a boarding home for students with disabilities; or
Following conviction for any offense, the department deems that the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Maintain records regarding each student for whom care is provided, as directed by the department;
Submit forms and other information regarding each student for whom care is provided, as directed by the department; and
Allow department personnel and authorized agents of the department to examine all books, records, and reports regarding the home and each student for whom care is provided.

Source:

S.L. 2001, ch. 181, § 18.

15.1-34-10. Records — Students — Confidentiality.

All records and information regarding a student for whom care is provided under this chapter are confidential and may be disclosed only:

As part of a judicial proceeding;
To officers of the law;
To representatives of a governmental entity;
To the parent of a student for whom care is provided under this chapter; and
To any person who in the opinion of the department has, or may acquire, an advocacy function on behalf of a student for whom care is provided under this chapter.

Source:

S.L. 2001, ch. 181, § 18.

15.1-34-11. Registration certificate — Revocation.

The department may revoke a registration certificate issued under this chapter if:

The home is in an unsanitary condition.
The home is not properly equipped to provide for the health and safety of the students.
The individual in charge of the home and all assistants are not qualified to fulfill the duties required of them under this chapter and under any rules adopted by the department.
The owner or operator does not comply with the standards prescribed by the department.
The registration certificate was issued as a result of an application that contained fraudulent information or an untrue representation.
The person to whom the registration certificate was issued violated a rule adopted by the department.
The person to whom the registration certificate was issued is found guilty of an offense which, in the determination of the department, has a direct bearing upon the person’s ability to serve the public as an owner or operator of a boarding home for students with disabilities.
The person to whom the registration certificate was issued is found guilty of any offense and the department determines that the person is not sufficiently rehabilitated under section 12.1-33-02.1.

Source:

S.L. 2001, ch. 181, § 18.

15.1-34-12. Registration certificate — Revocation — Administrative hearing.

Source:

S.L. 2001, ch. 181, § 18.

CHAPTER 15.1-35 Child Nutrition and Food Distribution Programs

15.1-35-01. Definitions.

In this chapter unless the context otherwise requires:

“Child nutrition program” means any program that provides federal assistance for the provision of nutritious meals to children.
“Food distribution program” means any program that provides federally donated agricultural commodities, products, and other foods, or cash payments in lieu of foods, to eligible participants.
“School” means a public school or a not-for-profit nonpublic school.

Source:

S.L. 2001, ch. 181, § 19.

15.1-35-02. Federal funds — Contracts — Expenditures.

The superintendent of public instruction shall administer federal funds designed to provide nonprofit child nutrition programs and food distribution programs for eligible participants. The superintendent of public instruction may enter a contract with any agency of the federal government so that the state may use available federal funds to the fullest extent possible. The superintendent of public instruction shall receive, deposit, and disburse any funds received in accordance with state and federal law.

Source:

S.L. 2001, ch. 181, § 19.

15.1-35-03. Administration of program — Rules — Disbursement of funds.

In order to provide for the establishment, maintenance, operation, and expansion of any child nutrition and food distribution program, the superintendent of public instruction may:

Contract with any public or private entity.
Adopt rules.
Employ personnel.
Provide technical advice and assistance to any public or private entity.
Assist in the training of personnel.
Disburse state and federal funds.
Take any other necessary action, in accordance with state and federal law.

Study methods to improve and expand child nutrition and food distribution programs;
Study methods to promote nutrition education in schools;
Conduct appraisals regarding the nutritive benefits and other benefits of child nutrition and food distribution programs; and
Report the findings and recommendations to the governor.

CHAPTER 15.1-36 School Construction

15.1-36-01. School construction projects — Approval.

Notwithstanding the powers and duties of school boards provided by law, the superintendent of public instruction shall approve the construction, purchase, repair, improvement, modernization, or renovation of any public school building or facility before commencement of the project if the cost of the project, as estimated by the school board, is in excess of one hundred fifty thousand dollars.
The superintendent of public instruction may not approve a project unless the school district proposing the project:
1. Demonstrates the need for the project and the educational utility of the project or demonstrates potential utilization of the project by a future reorganized school district;
2. 1. Demonstrates that the student population has been stable or has increased during the preceding five school years and is expected to be stable or to increase during the ensuing five school years; or
  2. Demonstrates by clear and convincing evidence that, despite a declining student population, there are no feasible alternatives to the proposed project; and
3. Demonstrates the capacity to pay for the project under rules adopted by the superintendent of public instruction pursuant to chapter 28-32.
1. If the superintendent of public instruction denies the project, the school board may appeal the superintendent’s decision to the state board of public school education. In considering the appeal, the state board shall review:
  1. The need for the project;
  2. The educational utility of the project;
  3. The potential use of the project by a future reorganized school district;
  4. The capacity of the district to pay for the project; and
  5. Any other objective factors relative to the appeal.
2. The decision of the state board is final.
This section is applicable to any construction, purchase, repair, improvement, renovation, or modernization.
For purposes of this chapter, “facility” includes a public school parking lot, public school athletic complex, or any other improvement to real property owned by the school district.

Source:

S.L. 2001, ch. 181, § 20; 2007, ch. 185, § 1; 2009, ch. 175, § 42; 2011, ch. 151, § 1; 2015, ch. 153, § 3, eff May 12, 2015; 2015, ch. 154, § 1, eff May 12, 2015; 2015, ch. 155, § 1, eff April 28, 2015; 2017, ch. 368, § 1, eff July 1, 2017.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 153, S.L. 2015 became effective May 14, 2015, pursuant to an emergency clause in section 12 of chapter 153, S.L. 2015.

The 2015 amendment of this section by section 1 of chapter 154, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 1 of chapter 155, S.L. 2015 became effective April 28, 2015, pursuant to an emergency clause in section 7 of chapter 155, S.L. 2015.

Note.

Section 15.1-36-01 was amended 3 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 155, Session Laws 2015, Senate Bill 2178; Section 1 of Chapter 154, Session Laws 2015, House Bill 1426; and Section 3 of Chapter 153, Session Laws 2015, Senate Bill 2039.

Cross-References.

Regulations governing construction, see N.D.C.C. ch. 48-01.2.

DECISIONS UNDER PRIOR LAW

Gymnasiums and Auditoriums.

Although proposed building housed a gym, science unit, and lunch facility, school construction loan was properly granted where the building was part of a long term building program of an entire school unit which included other new buildings which had been constructed earlier. Halldorson v. State Sch. Constr. Fund, 224 N.W.2d 814, 1974 N.D. LEXIS 136 (N.D. 1974).

Collateral References.

What constitutes “school,” “educational use,” or the like within zoning ordinance, 64 A.L.R.3d 1087.

Zoning regulations as applied to public elementary and high schools, 74 A.L.R.3d 136.

15.1-36-02. Coal development trust fund — Board of university and school lands — School construction projects — Unanticipated construction projects and emergency repairs — Loans.

Up to sixty million dollars from the coal development trust fund is available to the board of university and school lands for loans under this section.
To be eligible for a loan under this section, the school district must demonstrate a need based on an unanticipated construction project, an unanticipated replacement project, or an emergency repair, and the board of a school district shall:
1. Obtain the approval of the superintendent of public instruction for the construction project under section 15.1-36-01; and
2. Submit to the superintendent of public instruction an application containing all information deemed necessary by the superintendent, including potential alternative sources or methods of financing the construction project.
The superintendent of public instruction shall consider each loan application in the order it received approval under section 15.1-36-01.
If the superintendent of public instruction approves the loan, the board of university and school lands shall issue a loan from the coal development trust fund. For a loan made under this section:
1. The minimum loan amount is two hundred fifty thousand dollars and the maximum loan amount for which a school district may qualify is two million dollars;
2. The term of the loan is twenty years, unless the board of the school district requests a shorter term in the written loan application; and
3. The interest rate of the loan may not exceed two percent per year.
1. If a school district seeking a loan under this section received an allocation of the oil and gas gross production tax during the previous fiscal year in accordance with chapter 57-51, the board of the district shall provide to the board of university and school lands, and to the state treasurer, its evidence of indebtedness indicating that the loan originated under this section.
2. If the evidence of indebtedness is payable solely from the school district’s allocation of the oil and gas gross production tax in accordance with section 57-51-15, the loan does not constitute a general obligation of the school district and may not be considered a debt of the district.
3. If a loan made to a school district is payable solely from the district’s allocation of the oil and gas gross production tax in accordance with section 57-51-15, the terms of the loan must require that the state treasurer withhold the dollar amount or percentage specified in the loan agreement, from each of the district’s oil and gas gross production tax allocations, in order to repay the principal and interest of the evidence of indebtedness. The state treasurer shall deposit the amount withheld into the fund from which the loan originated.
4. Any evidence of indebtedness executed by the board of a school district under this subsection is a negotiable instrument and not subject to taxation by the state or any political subdivision of the state.
For purposes of this section, a “construction project” means the purchase, lease, erection, or improvement of any structure or facility by a school board, provided the acquisition or activity is within a school board’s authority.

Source:

S.L. 2001, ch. 181, § 20; 2007, ch. 163, § 43; 2011, ch. 147, § 30; 2013, ch. 13, § 44; 2015, ch. 137, § 17, eff May 13, 2015; 2015, ch. 153, § 4, eff May 12, 2015; 2017, ch. 368, § 2, eff July 1, 2017.

Effective Date.

The 2015 amendment of this section by section 17 of chapter 137, S.L. 2015 became effective May 13, 2015, pursuant to an emergency clause in section 40 of chapter 137, S.L. 2015.

The 2015 amendment of this section by section 4 of chapter 153, S.L. 2015 became effective May 14, 2015, pursuant to an emergency clause in section 12 of chapter 153, S.L. 2015.

Note.

The 2015 amendment to this section by section 17, of chapter 137, S.L. 2015, removed the expiration date of the section.

Section 15.1-36-02 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 153, Session Laws 2015, Senate Bill 2039; and Section 17 of Chapter 137, Session Laws 2015, Senate Bill 2031.

15.1-36-02.1. School construction projects — Reorganized districts — Interest subsidy. [Repealed]

Source:

S.L. 2007, ch. 163, § 44; Repealed by 2017, ch. 368, § 9, eff April 10, 2017.

15.1-36-03. School construction project loans — Management by Bank of North Dakota. [Repealed]

History. S.L. 2015, ch. 155, § 2, eff April 28, 2015; 2017, ch. 368, § 3, eff July 1, 2017; 2021, ch. 144, § 3, eff April 16, 2021.

Effective Date.

This section became April 28, 2015, pursuant to an emergency clause in section 7 of chapter 155, S.L. 2015.

Note.

Section 15.1-36-06 was amended 1 time and repealed by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 368, Session Laws 2017, Senate Bill 2272; and Section 10 of Chapter 368, Session Laws 2017, Senate Bill 2272.

15.1-36-06. School construction loans — Bank of North Dakota. [Repealed effective July 1, 2023]

History. S.L. 2015, ch. 155, § 2, eff April 28, 2015; 2017, ch. 368, § 3, eff July 1, 2017; Repealed by 2017, ch. 368, § 10, eff July 1, 2023.

15.1-36-07. School construction loans — Bank of North Dakota. [Repealed]

Source:

S.L. 2015, ch. 153, § 5; Repealed by 2017, ch. 368, § 9, eff April 10, 2017.

15.1-36-08. School construction assistance revolving loan fund — Bank of North Dakota — School construction projects — Continuing appropriation.

The school construction assistance revolving loan fund is a special revolving loan fund administered by the Bank of North Dakota. The fund consists of all moneys appropriated or transferred to the fund by the legislative assembly, all interest or other earnings of the fund, and all repayments of loans made from the fund.
Moneys in the fund, interest upon the moneys in the fund, and payments to the fund of principal and interest are appropriated to the Bank of North Dakota on a continuing basis for the purpose of providing low-interest school construction loans and for paying administrative costs, in accordance with this section.
To be eligible for a loan under this section, the board of a school district shall:
1. Propose a new construction or remodeling project with a cost of at least one million dollars and an expected utilization of at least thirty years;
2. Obtain the approval of the superintendent of public instruction for the project under section 15.1-36-01;
3. 1. Publish in the official newspaper of the district the information regarding the proposed estimated additional millage and the dollar increase per one thousand dollars of taxable valuation in accordance with section 21-03-13 along with the notice of the election to authorize the school construction bond issuance in accordance with section 21-03-12; and
  2. Post the information on the school district’s website preceding the date of the election to authorize the school construction bond issuance in accordance with chapter 21-03;
4. Receive authorization for a bond issue in accordance with chapter 21-03; and
5. Submit a completed application to the Bank of North Dakota.
The superintendent of public instruction shall review loan applications based on a prioritization system that includes a review of all applications filed during the twelve-month period preceding April first and gives consideration to:
1. Student occupancy and academic needs in the district;
2. The age of existing structures to be replaced or remodeled;
3. Building design proposals that are based on safety and vulnerability assessments;
4. Community support;
5. Cost; and
6. Any other criteria established by the superintendent of public instruction, after consultation with an interim committee appointed by the legislative management.
If the superintendent of public instruction approves the loan, the Bank of North Dakota shall issue a loan from the school construction assistance revolving loan fund. For a loan made under this section:
1. The maximum loan amount for which a school district may qualify is ten million dollars. However, if a school district’s unobligated general fund balance on the preceding June thirtieth exceeds the amount under section 15.1-27-35.3, the loan amount under this section may not exceed eighty percent of the project’s cost up to a maximum loan amount of eight million dollars;
2. The term of the loan is twenty years, unless the board of the school district requests a shorter term in the written loan application; and
3. The interest rate of the loan may not exceed two percent per year.
The Bank may adopt policies and establish guidelines to administer this loan program in accordance with this section. The Bank of North Dakota may use a portion of the interest paid on the outstanding loans as a servicing fee to pay for administration costs which may not exceed one-half of one percent of the amount of the interest payment. The Bank of North Dakota shall deposit principal and interest payments made by school districts for loans under this section in the school construction assistance revolving loan fund. The Bank of North Dakota shall arrange for the conduct of an annual audit of the school construction assistance revolving loan fund, the cost of which must be paid from the fund and which must be conducted by an independent accounting firm.

History. S.L. 2015, ch. 153, § 6, eff May 14, 2015; 2017, ch. 368, § 4, eff April 10, 2017; 2021, ch. 144, § 4, eff April 16, 2021.

Effective Date..

This section became effective May 14, 2015, pursuant to an emergency clause in section 12 of chapter 153, S.L. 2015.

CHAPTER 15.1-37 Early Childhood Education Program

15.1-37-01. Early childhood education program — Approval. [Repealed]

Source:

S.L. 2005, ch. 178, § 1; 2011, ch. 147, § 31; 2015, ch. 156, § 1, eff August 1, 2015; Repealed by 2021, ch. 358, § 11, eff July 1, 2021.

15.1-37-02. North Dakota early childhood education council — Membership — Terms. [Effective until August 31, 2022]

Source:

S.L. 2009, ch. 175, § 43; 2011, ch. 147, § 32; Repealed by 2021, ch. 358, § 11, eff July 1, 2021.

15.1-37-03. Council — Duties. [Repealed]

Source:

S.L. 2009, ch. 175, § 44; 2011, ch. 147, § 33; Repealed by 2021, ch. 358, § 11, eff July 1, 2021.

15.1-37-04. Council members — Reimbursement for expenses. [Repealed]

Source:

S.L. 2009, ch. 175, § 45; Repealed by 2021, ch. 358, § 11, eff July 1, 2021.

15.1-37-05. Early childhood education providers — Coalition — Eligibility. [Suspended through June 30, 2025 — See note]

The superintendent of a school district shall invite all public and private providers of early childhood education services within the district to meet to:
1. Initiate the identification of all available options for cost-effectively maximizing the provision of early childhood education services within the district;
2. Address the coordinated utilization of facilities, personnel, and transportation, for the provision of early childhood education services within the district; and
3. 1. Form a coalition of early childhood education service providers; and
  2. Provide for the selection of a coalition governing board.
The board of the school district in which the coalition of service providers is located shall provide advice and guidance to the coalition in all matters pertaining to this section through section 15.1-37-08.
Any early childhood service provider who agrees to participate in the coalition or on its governing board may submit an application to the department of commerce for a grant under this section, provided the governing board certifies to the department that the provider:
1. Is a participating member in the coalition or on the governing board.
2. Operates an early childhood education program that:
  1. Is approved in accordance with section 50-11.1-21; and
  2. Incorporates within its curriculum at least ten hours of research-based parental involvement.
3. Has documented the provider’s willingness to admit children of all learning abilities into the early childhood education program.

History. S.L. 2015, ch. 156, § 2, eff July 1, 2015; 2021, ch. 358, § 2, eff July 1, 2021; § 2; Suspended by 2021, ch. 368, § 5, eff August 1, 2021.

Effective Date.

This section becomes effective July 1, 2015.

Note.

Pursuant to 2021 S.L. ch. 365, §§ 5 and 6, section 15.1-37-05 is suspended from August 1, 2021 through June 30, 2025.

15.1-37-06. Receipt and distribution of grants — Notification. [Suspended through June 30, 2025 — See note]

1. The department of commerce shall receive applications for and distribute grants under this section to eligible members, including governing board members, of a consortium formed in accordance with section 15.1-37-05, in the amount of two thousand dollars for each child enrolled in a program of early childhood education, if the child is eligible for free lunches under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751, et seq.], and one thousand dollars for each child enrolled in a program of early childhood education, if the child is eligible for reduced lunches under the Richard B. Russell National School Lunch Act [42 U.S.C. 1751, et seq.], provided:
  1. The child is a resident of this state;
  2. The child has reached four years of age before August first in the year of enrollment; and
  3. The program has a duration of at least four hundred hours over a period of at least thirty-two consecutive weeks.
2. A child enrolled in a federally funded head start program may not be counted for the purpose of determining grant eligibility under this section.
1. Once each calendar quarter, at the time and in the manner required by the department of commerce, any provider receiving a grant under this section shall forward to the parent of each child receiving services a notice indicating the total amount of the grant that was awarded to the provider for the quarter, the pro rata amount attributable to the parent’s child, and the source of the grant. The department of commerce shall standardize the notification required by this subdivision.
2. If a provider fails to meet the notification requirements of this subsection, the department of commerce shall reduce the amount of the provider’s next grant payment by fifty percent. If a provider fails to meet the notification requirements of this section a second time, the department of commerce shall determine that the provider is ineligible to participate in the grant program for a period of one year.

History. S.L. 2015, ch. 156, § 3, eff July 1, 2015; 2021, ch. 368, § 5; Suspended by 2021, ch. 368, § 5, eff August 1, 2021, eff August 1, 2021; 2017, ch. 151, § 1, eff August 1, 2017.

Effective Date.

This section becomes effective July 1, 2016.

Note.

Pursuant to 2021 S.L. ch. 365, §§ 5 and 6, section 15.1-37-06 is suspended from August 1, 2021 through June 30, 2025.

15.1-37-07. Acceptance of children into program — Requirements — Limitations. [Repealed]

History. S.L. 2015, ch. 156, § 4, eff July 1, 2016; Repealed by 2021, ch. 358, § 11, eff July 1, 2021.

15.1-37-08. Data collection — Requirements. [Suspended through June 30, 2025 — See note]

The superintendent of public instruction, with the advice and consent of the department of commerce, shall implement a uniform system for the accounting, budgeting, and reporting of data by any early childhood education provider to whom or to which grants are distributed in accordance with section 15.1-37-06. Grants may be withheld or forfeited, in whole or in part, if information required in accordance with this section is not submitted at the time or in the manner requested by the superintendent.

History. S.L. 2015, ch. 156, § 5, eff July 1, 2016; § 5; Suspended by 2021, ch. 368, § 5, eff August 1, 2021.

Effective Date.

This section becomes effective July 1, 2016.

Note.

S.L. 2005, ch. 179, § 1.

TABLE OF COMPARABLE SECTIONS

Table 15.1 Present to Former PresentSection FormerSection 15.1-01-01 15-21-17 15.1-01-02 15-21-18 15.1-01-03 15-27.1-06 15.1-02-01 15-21-01 15.1-02-02 15-21-02 15.1-02-03 15-21-03 15.1-02-04 15-21-04 15.1-02-04 15-21-07 15.1-02-04 15-21-08 15.1-02-04 15-21-09 15.1-02-04 15-22-17 15.1-02-04 15-27.1-07 15.1-02-05 15-21-07.1 15.1-02-06 15-21-05 15.1-02-07 15-21-21 15.1-02-08 15-21-13.1 15.1-02-09 15-21-14 15.1-02-10 15-21-15 15.1-02-11 15-21-04.1 15.1-02-12 15-21-22 15.1-03-01 15-21-01.1 15.1-03-03 15-21-13.2 15.1-04-01 15-64-01 15.1-04-02 15-64-02 15.1-05-01 15-65-02 15.1-05-02 15-65-02 15.1-05-03 15-65-02 15.1-05-04 15-65-02 15.1-05-05 15-65-03 15.1-05-05 15-65-05 15.1-05-05 15-65-06 15.1-05-06 15-47-36 15.1-06-01 15-47-01 15.1-06-02 15-38-04.1 15.1-16-03 15-47-04 15.1-06-04 15-47-33 15.1-06-05 15-47-33.1 15.1-06-06 15-34.1-03(1) 15.1-06-07 15-41-27 15.1-06-08 15-21-04.5 15.1-06-09 15-35-01.2 15.1-06-10 15-35-01.2 15.1-06-11 15-35-11 15.1-06-12 15-35-09 15.1-06-13 15-35-12 15.1-06-14 15-35-14 15.1-06-15 15-49-10.1 15.1-06-16 15-49-08 15.1-06-17 15-47-11 15.1-06-18 15-47-51 15.1-07-01 15-47-43 15.1-07-01 15-51-07 15.1-07-02 15-47-43 15.1-07-03 15-48-01 15.1-07-04 15-48-02 15.1-07-05 15-48-03 15.1-07-06 15-48-04 15.1-07-07 15-48-05 15.1-07-08 15-44-10 15.1-07-09 15-44-11 15.1-07-10 15-29-13 15.1-07-11 15-29-13 15.1-07-12 15-29-13 15.1-07-14 15-29-14 15.1-07-14 15-47-05 15.1-07-15 15-49-01 15.1-07-16 15-44-06 15.1-07-17 15-49-02 15.1-07-18 15-49-11 15.1-07-19 15-49-09 15.1-07-20 15-34.2-14 15.1-07-21 15-29-09 15.1-07-22 15-47-08 15.1-07-23 15-29-11 15.1-07-24 15-44-09 15.1-07-25 15-29-10 15.1-08-01 15-27.5-01 15.1-08-02 15-27.5-02 15.1-08-03 15-27.5-03 15.1-08-04 15-27.5-04 15.1-08-05 15-27.5-04(5) 15.1-08-06 15-27.5-05 15.1-08-07 15-27.5-06 15.1-09-01 15-28-01 15.1-09-01 15-51-01 15.1-09-02 15-28-03 15.1-09-02 15-51-01 15.1-09-03 15-28-03 15.1-09-04 15-28-02 15.1-09-05 15-29-06 15.1-09-06 15-29-05 15.1-09-07 15-47-06 15.1-09-08 15-28-09 15.1-09-09 15-28-06 15.1-09-09 15-51-02 15.1-09-10 15-28-07 15.1-09-11 15-28-09 15.1-09-12 15-28-08 15.1-09-12 15-51-02 15.1-09-13 15-28-04 15.1-09-14 15-47-06 15.1-09-15 15-47-06 15.1-09-16 15-47-06 15.1-09-17 15-47-07 15.1-09-18 15-47-06 15.1-09-19 15-28-10 15.1-09-20 15-28-05 15.1-09-21 15-28-10 15.1-09-22 15-28-03 15.1-09-23 15-28-03 15.1-09-24 15-28-03 15.1-09-25 15-47-08 15.1-09-26 15-47-09 15.1-09-27 15-29-03 15.1-09-27 15-51-04 15.1-09-28 15-29-04 15.1-09-29 15-29-01 15.1-09-30 15-29-02 15.1-09-31 15-28-11 15.1-09-32 15-29-01.1 15.1-09-33 15-29-08 15.1-09-34 15-47-15 15.1-09-35 15-29-08 15.1-09-36 15-43-11.2 15.1-09-37 15-43-11.4 15.1-09-39 15-47-39 15.1-09-40 15-47-40.1 15.1-09-41 15-47-25 15.1-09-42 15-47-14 15.1-09-43 15-34.2-12 15.1-09-44 15-34.2-18 15.1-09-45 15-34.2-13 15.1-09-46 15-47-13 15.1-09-47 15-51-11 15.1-09-48 15-51-12 15.1-09-49 15-51-13 15.1-09-50 15-51-17 15.1-09-51 15-51-20 15.1-09-52 15-51-21 15.1-10-01 15-27.1-03 15.1-10-02 15-27.1-04 15.1-10-03 15-27.1-04 15.1-10-04 15-27.1-05 15.1-11-01 15-22-01 15.1-11-01 15-22-02 15.1-11-02 15-22-01.1 15.1-11-03 15-22-04 15.1-11-04 15-22-09 15.1-11-04 15-22-18 15.1-11-05 15-22-14 15.1-11-06 15-22-07 15.1-12-01 15-27.1-01 15.1-12-02 15-27.1-02 15.1-12-03 15-27.2-01 15.1-12-04 15-27.2-01 15.1-12-05 15-27.2-04 15.1-12-06 15-27.1-10 15.1-12-07 15-27.2-05 15.1-12-08 15-27.1-12 15.1-12-09 15-27.3-01.1 15.1-12-10 15-27.3-05 15.1-12-11 15-27.3-08 15.1-12-12 15-27.3-07.1 15.1-12-13 15-27.3-11 15.1-12-14 15-27.3-12 15.1-12-15 15-27.3-13 15.1-12-16 15-27.3-13.1 15.1-12-17 15-27.3-14 15.1-12-18 15-27.3-15 15.1-12-19 15-27.3-17 15.1-12-20 15-27.3-18 15.1-12-21 15-27.3-19 15.1-12-22 15-27.3-20 15.1-12-23 15-27.3-21 15.1-12-24 15-27.1-11 15.1-12-25 15-27.1-11 15.1-12-26 15-27.4-01 15.1-12-27 15-27.4-02 15.1-12-28 15-27.4-02.1 15.1-12-29 15-27.4-03 15.1-19-01 15-47-48 15.1-19-02 15-47-47 15.1-19-03 15-47-30.1 15.1-19-04 15-34.2-17 15.1-19-05 15-47-50 15.1-19-06 15-47-49 15.1-19-07 15-47-22 15.1-19-08 15-47-01.1 15.1-19-09 15-29-08(13) 15.1-19-09 15-38-13.1 15.1-19-09 15-38-13.2 15.1-19-10 15-49-12 15.1-19-10 15-49-13 15.1-19-11 15-47-44.1 15.1-19-12 15-47-44.2 15.1-24-01 15-21.1-03 15.1-24-02 15-21.1-04 15.1-24-03 15-21.1-05 15.1-24-04 15-21.1-06 15.1-24-05 15-21.1-07 15.1-24-06 15-21.1-09 15.1-25-01 15-41.1-01 15.1-25-02 15-41.1-02 15.1-25-03 15-41.1-03 15.1-25-04 15-41.1-04 15.1-25-05 15-41.1-05 15.1-25-06 15-41.1-06 15.1-26-01 15-21-04.4 15.1-26-02 15-21-04.2 15.1-26-03 15-46-01 15.1-26-04 15-46-04 15.1-26-05 15-21-13.3 15.1-26-06 15-21-13.4 15.1-26-07 15-21-04.3

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