NDCODE

TABLE OF COMPARABLE SECTIONS

CHAPTER 15.1-01 State Board of Public School Education

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, effective 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, effective July 1, 2017; 2021, ch. 136, § 1, effective 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, effective August 1, 2019; 2021, ch. 136, § 2, effective 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, effective July 1, 2015; 2019, ch. 38, § 17, effective July 1, 2019; 2021, ch. 13, § 19, effective 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 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.
Shall collaborate with workforce development stakeholders and the kindergarten through grade twelve education coordination council to determine how best to integrate computer science and cybersecurity into elementary, middle, and high school curriculum under sections 15.1-21-01 and 15.1-21-02. Before September 1, 2022, the superintendent shall provide a report to the legislative management regarding the outcome of this collaboration.

Source:

S.L. 1999, ch. 196, § 2; 2019, ch. 145, § 1, effective August 1, 2019; 2019, ch. 146, § 1, effective July 1, 2019; 2019, ch. 146, § 2, effective July 1, 2023; 2021, ch. 136, § 3, effective August 1, 2021; 2021, 1st Sp. Sess. ch. 552, § 1, effective November 12, 2021.

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).

15.1-02-04. 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:

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, effective 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, effective August 1, 2019; 2021, ch. 13, § 20, effective July 1, 2021; 2021, ch. 137, § 1, effective August 1, 2021; 2021, ch. 138, § 1, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective July 1, 2015; 2019, ch. 149, § 2, effective July 1, 2019; 2021, ch. 140, § 1, effective August 1, 2021; 2021, ch. 141, §§ 1, 2, effective 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, effective July 1, 2015; repealed by 2021, ch. 142, § 1, effective 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, effective 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, effective August 1, 2017; 2021, ch. 141, § 3, effective 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, effective 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, effective 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, effective 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, effective 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, effective August 1, 2017; repealed by 2021, ch. 139, § 1, effective 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.

Source:

S.L. 2009, ch. 175, § 6; 2021, ch. 13, § 21, effective July 1, 2021.

15.1-06-20. Career advisor — Duties.

A career advisor shall provide sequential career development activities, current career information, and related career exploration opportunities to students in grades seven through twelve. A career advisor shall use computer-assisted career guidance systems and work at the direction and under the supervision of the school district counseling staff.

Source:

S.L. 2009, ch. 175, § 7.

CHAPTER 15.1-07 School Districts

15.1-07-01. School district — Corporate powers.

Each school district in this state is a public school district governed by the provisions of this title. Each school district is a body corporate. Each school district may sue and be sued, contract, and convey any real and personal property that comes into its possession.
The board of education of the city of Fargo is a body corporate. It has the power to sue and be sued and to contract with others. It possesses all the powers usual and incidental to a body corporate.

Source:

S.L. 1999, ch. 196, § 7.

15.1-07-02. School district — Name change.

In order for the name of a school district to be changed, the question must be placed before and approved by a majority of the district’s qualified voters at a district election. The school board may place the question on the ballot by resolution and shall place the question on the ballot if it receives a petition signed by qualified electors of the district equal in number to at least one-third of those who voted at the most recent annual school district election.
The proposed name change must include the phrase “school district” or “public school district” and may include no more than two additional words.
If a majority of the district’s qualified voters approve the name change, the district must be renamed accordingly.
The business manager of the district shall provide notification of the new name to the county auditor, the county superintendent of schools, and the superintendent of public instruction.

Source:

S.L. 1999, ch. 196, § 7; 2001, ch. 161, § 7; 2007, ch. 165, § 1.

15.1-07-03. District’s limit of indebtedness — Resolution.

The board of a school district may by resolution place on the ballot of any regular or special election the question of increasing the district’s limit of indebtedness, beyond that fixed by the constitution, by five percent of the assessed valuation of all taxable property in the district.
The board of a school district shall place on the ballot of the next regular or special election the question of increasing the district’s limit of indebtedness, beyond that fixed by the constitution, by five percent of the assessed valuation of all taxable property in the district, if the board receives a petition requesting the increase and signed by qualified electors of the district equal in number to at least one-third of those who voted at the most recent annual school district election.

S.L. 1999, ch. 196, § 7; 2015, ch. 140, § 1, effective 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, effective August 1, 2015; 2019, ch. 150, § 1, effective August 1, 2019; 2019, ch. 151, § 1, effective 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, effective 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.

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, effective August 1, 2021; enacted by 2021, ch. 141, § 5, effective 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.

Source:

S.L. 2003 Sp., ch. 667, § 2.

15.1-07-28. Educational association — Joint powers agreement — Review by superintendent of public instruction — Criteria. [Repealed]

Repealed by S.L. 2007, ch. 163, § 58, and by S.L. 2007, ch. 162, § 18.

15.1-07-29. Ending fund balance.

The board of a school district may carry over moneys to the ensuing fiscal year to meet the cash requirements of all funds or purposes to which the credit of the school district may be legally extended.

S.L. 2009, ch. 175, § 9; 2011, ch. 147, § 2; 2015, ch. 47, § 18, effective July 1, 2015; 2017, ch. 143, § 2, effective August 1, 2017; 2019, ch. 153, § 1, effective August 1, 2019; 2021, ch. 56, § 3, effective 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, effective July 1, 2015; 2017, ch. 350, § 1, effective August 1, 2017; 2019, ch. 149, § 3, effective July 1, 2019; 2019, ch. 154, § 1, effective 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, effective 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, effective 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, effective April 9, 2019; 2019, sb2265, § 4, effective 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, effective 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, effective August 1, 2015; 2021, ch. 146, § 1, effective August 1, 2021; 2021, ch. 147, § 1, effective 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, effective August 1, 2017; 2019, ch. 157, § 1, effective August 1, 2019; 2021, ch. 148, § 1, effective 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, effective 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, effective 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, effective July 1, 2021.

15.1-09-58. Four-year old program — Authorization — Support. [Effective September 1, 2022]

The board of a school district may establish a four-year old program and, provided the program is approved by the department of health and 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.

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, effective 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, effective 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, effective 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, effective July 1, 2019; 2021, ch. 324, § 1, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective August 1, 2015; 2021, ch. 151, § 4, effective 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, effective 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, effective 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 organization 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective 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, effective August 1, 2019; 2019, ch. 38, § 18, effective July 1, 2019; 2019, ch. 40, § 18, effective July 1, 2019; 2019, ch. 149, § 5, effective 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, effective 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, effective 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, effective 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, effective 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, effective August 1, 2015; repealed by 2017, ch. 350, § 6, effective 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, effective August 1, 2015; 2017, ch. 126, § 2, effective 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, effective 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).

The state has a compelling interest in ensuring that public or nonpublic education is conducted by