N.D. Cent. Code § 15.1-25-03 — ND Code / Title 15.1 / Chapter 15.1-25 / Section 15.1-25-03
15.1-25-03. Costs of attendance - Responsibility of student
Status: in_force

15.1-25-03. Costs of attendance - Responsibility of student

The student and the student's parent or legal guardian are responsible for all costs of

attendance at a postsecondary institution under this chapter. For purposes of this section,

"costs" includes tuition, fees, textbooks, materials, equipment, and other necessary charges

related to the course in which the student has enrolled.
N.D. Cent. Code § 15.1-14-05 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-05
15.1-14-05. School district superintendent - Discharge for cause - Notice of hearing - Legal expenses
Status: in_force

15.1-14-05. School district superintendent - Discharge for cause - Notice of hearing -

Legal expenses.

1. 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:

a. Provide the superintendent with a written description of the reasons for the

discharge; and

b. Provide the superintendent with written notice specifying the date and time at

which the board will conduct a hearing regarding the discharge.

2. If the superintendent chooses to be accompanied by an attorney, the legal expenses

attributable to that representation are the responsibility of the superintendent.
N.D. Cent. Code § 15.1-14-18 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-18
15.1-14-18. Multidistrict special education unit - Director - Suspension during discharge proceeding - Compensation
Status: in_force

15.1-14-18. Multidistrict special education unit - Director - Suspension during

discharge proceeding - Compensation.

The board of a multidistrict special education unit may suspend a director if, by unanimous

vote, the board determines that suspension is appropriate during the period in which a

discharge for cause is pursued. If the director is ultimately discharged for cause, the board may

determine the amount of compensation, if any, due the director during the period of suspension.

If the director is ultimately not discharged, the board may not apply any reduction to the

director's salary for the period of suspension.
N.D. Cent. Code § 15.1-01-03 — ND Code / Title 15.1 / Chapter 15.1-01 / Section 15.1-01-03
15.1-01-03. State board of public school education - Powers and duties
Status: in_force

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

1. The state board of public school education shall:

a. Assist county committees in carrying out their duties.

b. Provide county committees with clerical assistance, plans of procedure,

standards, data, maps, forms, and other materials, information, and services.

c. Appoint members to the county committee, if the county superintendent does not

fulfill this duty, as provided for in section 15.1-10-01.

d. Provide oversight for regional education associations as required by chapter

15.1-09.1.

e. 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.

2. The state board of public school education may adopt rules in accordance with chapter

28-32.
N.D. Cent. Code § 15.1-27-31 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-31
15.1-27-31. State transportation payments to school districts
Status: repealed

15.1-27-31. State transportation payments to school districts

Repealed by S.L. 2003, ch. 667, § 41.
N.D. Cent. Code § 15.1-13-36 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-36
15.1-13-36. Satisfaction survey - Development - Utilization - Report to legislative management
Status: in_force

15.1-13-36. Satisfaction survey - Development - Utilization - Report to legislative

management.

1. a. 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.

b. 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.

c. The education standards and practices board shall begin to utilize the survey no

later than June 1, 2015.

2. 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.

3. Any expenses incurred by the superintendent of public instruction in developing the

survey instrument are the responsibility of the education standards and practices

board.
N.D. Cent. Code § 15.1-27-03.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-03.1
15.1-27-03.1. Weighted average daily membership - Determination
Status: in_force

15.1-27-03.1. Weighted average daily membership - Determination

1. For each school district, the superintendent of public instruction shall multiply by:

a. 1.00 the number of full-time equivalent students enrolled in an extended

educational program in accordance with section 15.1-32-17;

b. 0.60 the number of full-time equivalent students enrolled in a summer education

program, including a migrant summer education program;

c. 0.40 the number of full-time equivalent students who:

(1) On a test of English language proficiency approved by the superintendent of

public instruction are determined to be least proficient and placed in the first

of six categories of proficiency; and

(2) Are enrolled in a program of instruction for English language learners;

d. 0.28 the number of full-time equivalent students who:

(1) On a test of English language proficiency approved by the superintendent of

public instruction are determined to be more proficient than students placed

in the first of six categories of proficiency and therefore placed in the second

of six categories of proficiency; and

(2) Are enrolled in a program of instruction for English language learners;

e. 0.25 the number of full-time equivalent students under the age of twenty-one

enrolled in grades nine through twelve in an alternative high school;

f. 0.20 the number of full-time equivalent students enrolled in a home-based

education program and monitored by the school district under chapter 15.1-23;

g. 0.17 the number of full-time equivalent students enrolled in an early childhood

special education program;

h. 0.15 the number of full-time equivalent students in grades six through eight

enrolled in an alternative education program for at least an average of fifteen

hours per week;

i. 0.10 the number of students enrolled in average daily membership, if the district

has fewer than one hundred students enrolled in average daily membership and

the district consists of an area greater than two hundred seventy-five square

miles [19424.9 hectares], provided that any school district consisting of an area

greater than six hundred square miles [155399 hectares] and enrolling fewer than

fifty students in average daily membership must be deemed to have an

enrollment equal to fifty students in average daily membership;

j. 0.088 the number of students enrolled in average daily membership, in order to

support the provision of special education services;

k. 0.07 the number of full-time equivalent students who:

(1) On a test of English language proficiency approved by the superintendent of

public instruction are determined to be more proficient than students placed

in the second of six categories of proficiency and therefore placed in the

third of six categories of proficiency;

(2) Are enrolled in a program of instruction for English language learners; and

(3) Have not been in the third of six categories of proficiency for more than

three years;

l. 0.025 the number of students representing that percentage of the total number of

students in average daily membership which is equivalent to the three-year

average percentage of students in grades three through eight who are eligible for

free or reduced lunches under the Richard B. Russell National School Lunch Act

[42 U.S.C. 1751 et seq.];

m. 0.002 the number of students enrolled in average daily membership in a school

district that is a participating member of a regional education association meeting

the requirements of chapter 15.1-09.1;

n. 1.0 the number of students by which the district's September tenth enrollment

report exceeds the number of students in the prior year's average daily

membership; and

o. For districts paid based on September tenth enrollment in the prior year, 1.00 the

number of students determined by deducting the number of students in the prior

year's September tenth enrollment from the prior year's average daily

membership. If the prior year's September tenth enrollment exceeds the prior

year's average daily membership, then a deduction of 1.00 the number of excess

students.

2. The superintendent of public instruction shall determine each school district's weighted

average daily membership by adding the products derived under subsection 1 to the

district's average daily membership.
N.D. Cent. Code § 15.1-27-04.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-04.1
15.1-27-04.1. Baseline funding - Establishment - Determination of state aid
Status: in_force

15.1-27-04.1. Baseline funding - Establishment - Determination of state aid

1. To determine the amount of state aid payable to each district, the superintendent of

public instruction shall establish each district's baseline funding. A district's baseline

funding consists of:

a. All state aid received by the district in accordance with chapter 15.1-27 during the

2018-19 school year;

b. An amount equal to the property tax deducted by the superintendent of public

instruction to determine the 2018-19 state aid payment;

c. An amount equal to seventy-five percent of the revenue received by the school

district during the 2017-18 school year for the following revenue types:

(1) Revenue reported under code 2000 of the North Dakota school district

financial accounting and reporting manual, as developed by the

superintendent of public instruction in accordance with section 15.1-02-08;

(2) Mineral revenue received by the school district through direct allocation from

the state treasurer and not reported under code 2000 of the North Dakota

school district financial accounting and reporting manual, as developed by

the superintendent of public instruction in accordance with section

15.1-02-08;

(3) Tuition reported under code 1300 of the North Dakota school district

financial accounting and reporting manual, as developed by the

superintendent of public instruction in accordance with section 15.1-02-08,

with the exception of revenue received specifically for the operation of an

educational program provided at a residential treatment facility, tuition

received for the provision of an adult farm management program, and

beginning in the 2025-26 school year, eighty-five percent of tuition received

under an agreement to educate students from a school district on an

air force base with funding received through federal impact aid, until the

2026-27 school year, and each school year thereafter, when all tuition

received under an agreement to educate students from a school district on

an air force base with funding received through federal impact aid must be

excluded from the tuition calculation under this paragraph;

(4) Revenue from payments in lieu of taxes on the distribution and transmission

of electric power;

(5) Revenue from payments in lieu of taxes on electricity generated from

sources other than coal; and

(6) Revenue from the leasing of land acquired by the United States for which

compensation is allocated to the state under 33 U.S.C. 701(c)(3);

d. An amount equal to the total revenue received by the school district during the

2017-18 school year for the following revenue types:

(1) Mobile home tax revenue;

(2) Telecommunications tax revenue; and

(3) Revenue from payments in lieu of taxes and state reimbursement of the

homestead credit and disabled veterans credit; and

e. Beginning with the 2020-21 school year, the superintendent shall reduce the

baseline funding for any school district that becomes an elementary district

pursuant to section 15.1-07-27 after the 2012-13 school year. The reduction must

be proportional to the number of weighted student units in the grades that are

offered through another school district relative to the total number of weighted

student units the school district offered in the year before the school district

became an elementary district. The reduced baseline funding applies to the

calculation of state aid for the first school year in which the school district

becomes an elementary district and for each year thereafter. For districts that

become an elementary district prior to the 2020-21 school year, the

superintendent shall use the reduced baseline funding to calculate state aid for

the 2020-21 school year and for each year thereafter.

2. a. The superintendent shall divide the district's baseline funding determined in

subsection 1 by the district's 2017-18 weighted student units to determine the

district's baseline funding per weighted student unit.

b. For any school district that becomes an elementary district pursuant to section

15.1-07-27 after the 2017-18 school year, the superintendent shall adjust the

district's baseline funding per weighted student unit used to calculate state aid.

The superintendent shall divide the district's baseline funding determined in

subsection 1 by the district's weighted student units after the school district

becomes an elementary district to determine the district's adjusted baseline

funding per weighted student unit. The superintendent shall use the district's

adjusted baseline funding per weighted student unit in the calculation of state aid

for the first school year in which the school district becomes an elementary district

and for each year thereafter.

c. Beginning with the 2021-22 school year and for each school year thereafter, the

superintendent shall reduce the district's baseline funding per weighted student

unit. Each year the superintendent shall calculate the amount by which the

district's baseline funding per weighted student unit exceeds the payment per

weighted student unit provided in subsection 3. For the 2023-24 school year the

superintendent shall reduce the district's baseline funding per weighted student

unit by forty percent of the amount by which the district's baseline funding per

weighted student unit exceeds the payment per weighted student unit for the

2023-24 school year. For each year thereafter, the reduction percentage is

increased by an additional fifteen percent. However, the district's baseline funding

per weighted student unit, after the reduction, may not be less than the payment

per weighted student unit provided in subsection 3.

3. a. For the 2025-26 school year, the superintendent shall calculate state aid as the

greater of:

(1) The district's weighted student units multiplied by eleven thousand three

hundred forty-nine dollars;

(2) One hundred two percent of the district's baseline funding per weighted

student unit, as established in subsection 2, multiplied by the district's

weighted student units, not to exceed the district's 2017-18 baseline

weighted student units, plus any weighted student units in excess of the

2017-18 baseline weighted student units multiplied by eleven thousand

three hundred forty-nine dollars; or

(3) The district's baseline funding as established in subsection 1 less the

amount in paragraph 1, with the difference reduced by seventy percent and

then the difference added to the amount determined in paragraph 1.

b. For the 2026-27 school year and each school year thereafter, the superintendent

shall calculate state aid as the greater of:

(1) The district's weighted student units multiplied by eleven thousand

six hundred thirty-three dollars;

(2) One hundred two percent of the district's baseline funding per weighted

student unit, as established in subsection 2, multiplied by the district's

weighted student units, not to exceed the district's 2017-18 baseline

weighted student units, plus any weighted student units in excess of the

2017-18 baseline weighted student units multiplied by eleven thousand

six hundred thirty-three dollars; or

(3) The district's baseline funding as established in subsection 1 less the

amount in paragraph 1, with the difference reduced by eighty-five percent

for the 2026-27 school year and the reduction percentage increasing by

fifteen percent each school year thereafter until the difference is reduced to

zero, and then the difference added to the amount determined in

paragraph 1.

4. After determining the product in accordance with subsection 3, the superintendent of

public instruction shall:

a. Subtract an amount equal to sixty mills multiplied by the taxable valuation of the

school district; and

b. Subtract an amount equal to seventy-five percent of all revenue types listed in

subdivision c and paragraphs 1 and 2 of subdivision d of subsection 1 and

revenue from payments in lieu of taxes. Before determining the deduction for

seventy-five percent of all revenue types, the superintendent of public instruction

shall adjust revenues as follows:

(1) Tuition revenue shall be adjusted as follows:

(a) In addition to deducting tuition revenue received specifically for the

operation of an educational program provided at a residential

treatment facility, tuition revenue received for the provision of an adult

farm management program, tuition received for the education of

high-cost and special education students, and tuition received under

an agreement to educate students from a school district on an

air force base with funding received through federal impact aid as

directed each school year in paragraph 3 of subdivision c of

subsection 1, the superintendent of public instruction also shall reduce

the total tuition reported by the school district by the amount of tuition

revenue received for the education of students not residing in the state

and for which the state has not entered a cross-border education

contract; and

(b) The superintendent of public instruction also shall reduce the total

tuition reported by admitting school districts meeting the requirements

of subdivision e of subsection 2 of section 15.1-29-12 by the amount

of tuition revenue received for the education of students residing in an

adjacent school district.

(2) After adjusting tuition revenue as provided in paragraph 1, the

superintendent shall reduce all remaining revenues from all revenue types

by the percentage of mills levied in 2024 by the school district for sinking

and interest relative to the total mills levied in 2024 by the school district for

all purposes.

5. The amount remaining after the computation required under subsection 4 is the

amount of state aid to which a school district is entitled, subject to any other statutory

requirements or limitations.

6. On or before June thirtieth of each year, the school board shall certify to the

superintendent of public instruction the final average daily membership for the current

school year.

7. For purposes of the calculation in subsection 4, each county auditor, in collaboration

with the school districts, shall report the following to the superintendent of public

instruction on an annual basis:

a. The amount of revenue received by each school district in the county during the

previous school year for each type of revenue identified in subdivisions c and d of

subsection 1;

b. The total number of mills levied in the previous calendar year by each school

district for all purposes; and

c. The number of mills levied in the previous calendar year by each school district

for sinking and interest fund purposes.
N.D. Cent. Code § 15.1-07-10 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-10
15.1-07-10. Activities fund
Status: in_force

15.1-07-10. Activities fund

The board of a school district shall establish an activities fund for the support of

school-related extracurricular activities. The school district business manager shall deposit all

receipts from extracurricular activities in the activities fund. The business manager shall submit

to the school board a monthly report of receipts, expenditures, and balances in the activities

fund.
N.D. Cent. Code § 15.1-18-10 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-10
15.1-18-10. Specialty areas - Teacher qualification (Effective through July 31, 2031)
Status: in_force

15.1-18-10. Specialty areas - Teacher qualification. (Effective through July 31, 2031)

Notwithstanding the requirements of this chapter:

1. 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:

a. Is licensed to teach by the education standards and practices board;

b. Is approved to teach in that area by the education standards and practices board;

and

c. Meets all requirements set forth in rule by the superintendent of public instruction.

2. An individual may teach Native American languages provided the individual is an

eminence-credentialed teacher.

3. 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.

4. An individual may teach in any subject, except elementary education, special

education, mathematics, science, language arts, and social studies, if the individual:

a. Has a permit issued by the board and has a high school diploma;

b. (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

c. Enrolls in the North Dakota teacher support system approved mentor program,

expensed to the sending district.

5. An individual may teach special education using a teaching authorization under this

subsection for a time not exceeding two years. An individual may obtain a special

education teaching authorization if the individual:

a. Is currently enrolled in a bachelor's program with a major in special education;

b. Has successfully completed all professional education coursework, special

education major-specific coursework, and student teaching; and

c. Has passed the tests required by the education standards and practices board,

including the content area test.

6. 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:

a. 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;

b. The individual successfully completes a background check conducted by the

education standards and practices board; and

c. The education standards and practices board issues a permit to the individual.

7. For an individual authorized to teach under subsection 6, the board of a school district

may authorize the individual to teach for an additional four years, up to a maximum of

seven years, if the individual also is enrolled in a teacher education program.

8. The board may adopt rules to administer teaching permits under this section.

9. The board of a school district may terminate the employment of an individual with a

teaching permit issued under this section at will.

Specialty areas - Teacher qualification. (Effective after July 31, 2031) Notwithstanding

the requirements of this chapter:

1. 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:

a. Is licensed to teach by the education standards and practices board;

b. Is approved to teach in that area by the education standards and practices board;

and

c. Meets all requirements set forth in rule by the superintendent of public instruction.

2. An individual may teach Native American languages provided the individual is an

eminence-credentialed teacher.

3. 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.

4. An individual may teach in any subject, except elementary education, special

education, mathematics, science, language arts, and social studies, if the individual:

a. Has a permit issued by the board and has a high school diploma;

b. (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

c. Enrolls in the North Dakota teacher support system approved mentor program,

expensed to the sending district.

5. An individual may teach special education using a teaching authorization under this

subsection for a time not exceeding two years. An individual may obtain a special

education teaching authorization if the individual:

a. Is currently enrolled in a bachelor's program with a major in special education;

b. Has successfully completed all professional education coursework, special

education major-specific coursework, and student teaching; and

c. Has passed the tests required by the education standards and practices board,

including the content area test.
N.D. Cent. Code § 15.1-32-15 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-15
15.1-32-15. Student with disabilities - Attendance at private institution or out-of-state public school
Status: in_force

15.1-32-15. Student with disabilities - Attendance at private institution or out-of-state

public school.

1. If in the opinion of an individualized education program team or an education services

team a student is unable to attend a public school in the student's school district of

residence because of a disability, and if no public school in the state will accept the

student and provide the necessary services, the student's school district of residence

shall contract with:

a. A private, accredited, nonsectarian, nonprofit institution that is located within or

outside of this state and which has the proper facilities for the education of the

student; or

b. A public school located outside of this state that has proper facilities for the

education of the student.

2. The superintendent of public instruction shall approve in advance the terms of the

contract and the services to be provided by the admitting institution or school.

3. The contract must provide that the student's school district of residence is liable for the

cost of educating the student.

4. A student who receives services under this section is deemed to be enrolled in the

student's school district of residence for purposes of determining average daily

membership.
N.D. Cent. Code § 15.1-14-26 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-26
15.1-14-26. Area career and technology center - Director - Discharge for cause - Hearing
Status: in_force

15.1-14-26. Area career and technology center - Director - Discharge for cause -

Hearing.

1. 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.

2. The hearing must be conducted in accordance with chapter 28-32.

3. All witnesses are subject to cross-examination.

4. Unless otherwise agreed to by the board and the director, the hearing must be

conducted as an executive session of the board, except that:

a. 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.

b. 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.

5. 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.

6. 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.
N.D. Cent. Code § 15.1-20-04 — ND Code / Title 15.1 / Chapter 15.1-20 / Section 15.1-20-04
15.1-20-04. Home education - Definition
Status: in_force

15.1-20-04. Home education - Definition

For purposes of this chapter, "home education" means a program of education supervised

by a child's parent in accordance with chapter 15.1-23.
N.D. Cent. Code § 15.1-07-25.3 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-25.3
15.1-07-25.3. Protection of student data - School district policy (Effective through June 30, 2026)
Status: in_force

15.1-07-25.3. Protection of student data - School district policy. (Effective through

June 30, 2026)

1. The board of each school district shall adopt a policy regarding the protection of

student data.

2. The policy must require that permission be obtained from the board before any student

data is shared with an individual who is not a school district employee or shared with

any other entity. This provision does not apply to the sharing of data with a student's

parent or to the sharing of data, if required by law.

3. The policy must require the school district superintendent to compile:

a. A list of all individuals with whom, and entities with which, student data is shared;

and

b. A list, by title, of all school district personnel who have access to student data.

4. A school district shall make copies of the policy available upon request.

Protection of student data - School district policy. (Effective after June 30, 2026)

1. The board of a school district shall adopt a policy regarding the protection of student

data.

2. The policy must:

a. Require that permission be obtained from the board before student data is shared

with an individual who is not a school district employee or any other entity. This

provision does not apply to sharing data with a student's parent or as otherwise

authorized by law.

b. Permit a school district to share student data with the state entity managing a

student information system if the school district and the state entity have entered

a data sharing agreement, subject to federal and state privacy laws. The data

sharing agreement must include a clause that designates the department as an

authorized representative of the school district under the Family Educational

Rights and Privacy Act of 1974 [20 U.S.C. 1232G] and title 34 Code of Federal

Regulations part 99 for purposes of the statewide longitudinal data system.

3. The policy must require the school district superintendent to compile:

a. A list of individuals with whom and entities with which student data is shared; and

b. A list, by title, of school district personnel who have access to student data.

4. A school district shall make copies of the policy available upon request.
N.D. Cent. Code § 15.1-27-04 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-04
15.1-27-04. Per student payment rate
Status: repealed

15.1-27-04. Per student payment rate

Repealed by S.L. 2015, ch. 137, § 38.
N.D. Cent. Code § 15.1-14-27 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-27
15.1-14-27. Area career and technology center - Director - Discharge for cause - Report to the education standards and practices board
Status: in_force

15.1-14-27. Area career and technology center - Director - Discharge for cause -

Report to the education standards and practices board.

If the board of an area career and technology center discharges a director for cause, the

board shall report the discharge to the education standards and practices board.
N.D. Cent. Code § 15.1-27-35.3 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-35.3
15.1-27-35.3. Payments to school districts - Unobligated general fund balance
Status: in_force

15.1-27-35.3. Payments to school districts - Unobligated general fund balance

1. a. Except as provided in subdivision b, beginning July 1, 2027, the superintendent of

public instruction shall determine the amount of payments due to a school district

and shall subtract from that the amount by which the unobligated general fund

balance of the district on the preceding June thirtieth is in excess of thirty-five

percent of its actual expenditures, plus fifty thousand dollars.

b. The superintendent of public instruction shall determine the amount of payments

due to a school district and shall subtract from that the amount by which the

unobligated general fund balance of the district on the preceding June thirtieth is

in excess of thirty-five percent of its actual expenditures, plus one hundred

thousand dollars if the school district is in a cooperative agreement with another

school district to share academic resources, and the school districts are

considering reorganization under chapter 15.1-12. An eligible school district may

receive payments under this provision for a maximum of two years.

2. For purposes of this section, a district's unobligated general fund balance includes all

moneys in the district's miscellaneous fund, as established under section 57-15-14.2,

but does not include federal impact aid funding.
N.D. Cent. Code § 15.1-06-15 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-15
15.1-06-15. Solicitations and sales in schools - Permission required - Accounting for proceeds - Penalty
Status: in_force

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

proceeds - Penalty.

1. 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.

2. 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.

3. Any person who violates any provision of this section is guilty of an infraction.
N.D. Cent. Code § 15.1-27-02 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-02
15.1-27-02. Per student payments - Required reports
Status: in_force

15.1-27-02. Per student payments - Required reports

1. The superintendent of public instruction may not forward state aid payments to a

school district beyond the September payment unless the district has filed the

September tenth fall enrollment report with the superintendent.

2. The superintendent of public instruction may not forward state aid payments to a

school district beyond the October payment unless the district has filed the following

with the superintendent:

a. The June thirtieth student membership and attendance report;

b. An annual school district financial report; and

c. The personnel report forms for licensed and nonlicensed employees.

3. On or before December fifteenth, each school district shall file with the superintendent

of public instruction the taxable valuation and mill levy certifications. If a district fails to

file the taxable valuation and mill levy certifications by the required date, the

superintendent of public instruction may not forward to the district any state aid

payments to which the district is entitled, until the taxable valuation and mill levy

certifications are filed.
N.D. Cent. Code § 15.1-04.1-02 — ND Code / Title 15.1 / Chapter 15.1-04.1 / Section 15.1-04.1-02
15.1-04.1-02. Compact on educational opportunity for military children - State council - Appointment
Status: in_force

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:

1. The following voting members:

a. The superintendent of public instruction, who shall serve as the chairman;

b. The superintendent of a school district that includes a high concentration of

military children, appointed by the governor;

c. A representative of a military installation, appointed by the governor;

d. One legislator, appointed by the chairman of the legislative management;

e. One representative of the executive branch of government, appointed by the

governor; and

f. Any other individuals recommended by the members of the state council listed in

subdivisions a through e; and

2. The following nonvoting members:

a. The compact commissioner appointed under section 15.1-04.1-03; and

b. The military family education liaison, appointed under section 15.1-04.1-04.
N.D. Cent. Code § 15.1-07-05 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-05
15.1-07-05. District's limit of indebtedness - Ballot
Status: in_force

15.1-07-05. District's limit of indebtedness - Ballot

In an election to increase a school district's limit of indebtedness, the ballots must state the

question in clear and concise language.
N.D. Cent. Code § 15.1-30-15 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-15
15.1-30-15. Transportation services to nonpublic students - Joint provision of transportation services
Status: in_force

15.1-30-15. Transportation services to nonpublic students - Joint provision of

transportation services.

1. If the board of a school district provides transportation services to its students, the

board may provide transportation services to students attending nonpublic schools,

provided:

a. The nonpublic school students are transported only along the bus route

established for the public school students;

b. The nonpublic school students are transported only on the days and at the times

that the public school students are transported; and

c. The legal passenger capacity of each bus is not exceeded by the transportation

of nonpublic school students.

2. a. The board of a school district that provides transportation to its students may

contract with other local, state, or federal government entities for the joint

provision and integration of transportation services to the public.

b. A contract under this section must provide for the observation of all safety

requirements otherwise imposed by law on schoolbuses, on school vehicles, and

on schoolbus drivers when students are being transported.
N.D. Cent. Code § 15.1-21-24 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-24
15.1-21-24. Health curriculum - Content
Status: in_force

15.1-21-24. Health curriculum - Content

Beginning July 1, 2012, each school district and nonpublic school shall ensure that the

portion of its health curriculum which is related to sexual health includes instruction pertaining to

the risks associated with adolescent sexual activity and the social, psychological, and physical

health gains to be realized by abstaining from sexual activity before and outside of marriage.
N.D. Cent. Code § 15.1-29-02 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-02
15.1-29-02. Education of students in bordering states - Contract - Tuition
Status: in_force

15.1-29-02. Education of students in bordering states - Contract - Tuition

1. A school district may contract with a school district in a bordering state for the

education of students. A contract between school districts must provide for the

payment of tuition at an agreed-upon amount.

2. A student who attends school in a bordering state under a contract provided for by this

section is deemed to be in attendance in the student's school district of residence. The

student's school district of residence is liable to the school district of the bordering

state for payments as provided in the contract.

3. A school district in this state may not agree to accept a student from a bordering state

unless the tuition payable equals or exceeds the amount of state aid that the district

would have received from this state for a student in the same grade if that student had

been attending school in the bordering state.
N.D. Cent. Code § 15.1-19-21 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-21
15.1-19-21. Causes of action - Immunity - School districts
Status: in_force

15.1-19-21. Causes of action - Immunity - School districts

1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress

pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through

15.1-19-22 do not create or alter any civil cause of action for monetary damages

against any person or school district, nor do sections 15.1-19-17 through 15.1-19-22

constitute grounds for any claim or motion raised by either the state or a defendant in

any proceedings.

2. Any individual who promptly, reasonably, and in good faith reports an incident of

bullying, reprisal, or retaliation to the school district employee or official designated in

the school district bullying policy is immune from civil or criminal liability resulting from

or relating to the report or to the individual's participation in any administrative or

judicial proceeding stemming from the report.

3. A school district and its employees are immune from any liability that might otherwise

be incurred as a result of a student having been the recipient of bullying, if the school

district implemented a bullying policy, as required by section 15.1-19-18 and

substantially complied with that policy.
N.D. Cent. Code § 15.1-17-04 — ND Code / Title 15.1 / Chapter 15.1-17 / Section 15.1-17-04
15.1-17-04. Complaint against teacher - Notification
Status: in_force

15.1-17-04. Complaint against teacher - Notification

If a complaint is filed against a teacher or against an individual for whom the teacher is

administratively responsible, and the complaint is to be placed in the teacher's personnel file,

the school principal, administrator, or school district superintendent shall inform the teacher of

the complaint.
N.D. Cent. Code § 15.1-27-24 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-24
15.1-27-24. Taylor Grazing Act funds - Disposition
Status: in_force

15.1-27-24. Taylor Grazing Act funds - Disposition

The state treasurer shall apportion payments from the federal government to this state

under the provisions of 43 United States Code 315i (the Taylor Grazing Act) among the counties

in the state in the proportion that the number of acres [hectares] of Taylor Grazing Act land in

each county bears to the total amount of Taylor Grazing Act land in the state. The state

treasurer shall provide the payment to the county treasurer of each county receiving payments

as directed by the United States bureau of land management. Each county treasurer receiving

payments shall distribute the funds to school districts in that county on the basis of average

daily membership of all students residing within the county.
N.D. Cent. Code § 15.1-18-07 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-07
15.1-18-07. Elementary school teacher qualifications
Status: repealed

15.1-18-07. Elementary school teacher qualifications

Repealed by S.L. 2017, ch. 138, § 4.
N.D. Cent. Code § 15.1-19-15 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-15
15.1-19-15. Record retention
Status: in_force

15.1-19-15. Record retention

Records regarding a student obtained by a school under section 15.1-19-14, section

27-20.2-21, or section 27-20.4-21 must be destroyed when the student reaches the age of

eighteen or no longer attends the school, whichever occurs later.
N.D. Cent. Code § 15.1-02-07 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-07
15.1-02-07. Superintendent of public instruction - Lease of unused real property
Status: in_force

15.1-02-07. Superintendent of public instruction - Lease of unused real property

1. The superintendent of public instruction may lease surplus portions of real property,

including buildings and improvements, owned by the state and administered by the

superintendent of public instruction at North Dakota vision services - school for the

blind and the school for the deaf.

2. The superintendent may lease the unused portion of a building only after consultation

with and adherence to conditions set by the administrator of the state fire and tornado

fund.

3. A lease agreement under this section may not exceed five years.

4. A lease agreement under this section must provide that:

a. It is cancelable by the state without liability at the end of any state fiscal biennium;

or

b. It is renewable at the sole discretion of the superintendent of public instruction at

the beginning of each fiscal biennium.

5. The superintendent may set additional terms and conditions for leases under this

section.

6. The attorney general shall review any lease under this section and approve its legal

adequacy before its execution.

7. The superintendent may expend revenues from leases under this section only with

legislative approval.
N.D. Cent. Code § 15.1-23-04 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-04
15.1-23-04. Home education - Required subjects - Instructional time
Status: in_force

15.1-23-04. Home education - Required subjects - Instructional time

A parent supervising home education shall include instruction in those subjects required by

law to be taught to public school students. The instruction must have a duration of at least four

hours each day for a minimum of one hundred seventy-five days each year.
N.D. Cent. Code § 15.1-15-05.1 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-05.1
15.1-15-05.1. Principal - Employed for less than two years - Notification of nonrenewal
Status: in_force

15.1-15-05.1. Principal - Employed for less than two years - Notification of

nonrenewal.

1. 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.

2. No claim for libel or slander may be brought regarding any communication made at an

executive session held in accordance with this section.
N.D. Cent. Code § 15.1-02-05 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-05
15.1-02-05. Federal government - Contracts
Status: in_force

15.1-02-05. Federal government - Contracts

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

government:

1. For and on behalf of the department of public instruction.

2. For and on behalf of a school district with the consent of the school district board.
N.D. Cent. Code § 15.1-29-04 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-04
15.1-29-04. Payment of tuition and transportation by sending districts - Interest on late payments - Notification
Status: in_force

15.1-29-04. Payment of tuition and transportation by sending districts - Interest on

late payments - Notification.

If the board of a school district agrees to pay tuition under this chapter, if it is required to pay

tuition under this chapter, or if it is required to pay tuition and transportation under this chapter,

the board of the sending district shall pay at least fifty percent of the annual charge to the

admitting district on or before December thirty-first and any remaining amount on or before May

thirty-first. If payment is not received by the admitting district within thirty days after the date on

which payment is due, simple interest at the rate of six percent per annum accrues to any

amount due. If payment is not received by the admitting district within sixty days after the date

on which payment is due, the admitting district shall notify the superintendent of public

instruction.
N.D. Cent. Code § 15.1-12-10 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-10
15.1-12-10. School district reorganization - Contents of plan - Public hearing - Testimony and evidence
Status: in_force

15.1-12-10. School district reorganization - Contents of plan - Public hearing -

Testimony and evidence.

1. The reorganization plan required by section 15.1-12-09 must:

a. Include a map showing the boundaries of each participating district and of the

proposed new district;

b. Include the number of students enrolled in each participating district during the

current school year and during the ten preceding school years;

c. Include projected student enrollments for the ensuing ten years;

d. Include the location and condition of all school buildings and facilities in each

participating district and intended uses for the buildings and facilities;

e. Address planned construction, modification, or improvement of school buildings

and facilities located within the boundaries of the new district;

f. Address planned course offerings by the new district;

g. Include the planned administrative structure of the new district and the number of

full-time equivalent personnel to be employed by the new district;

h. 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;

i. Address plans regarding student transportation;

j. Identify other governmental entities, including multidistrict special education units

and area career and technology centers, which may provide services to the new

district;

k. Include the taxable valuation and per student valuation of each participating

district and the taxable valuation and per student valuation of the new district;

l. Include the amount of all bonded and other indebtedness incurred by each

participating district;

m. 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;

n. Address the planned disposition of all property, assets, debts, and liabilities of

each participating district, taking into consideration section 15.1-12-18;

o. 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;

p. 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;

q. Include the number of the new district, as assigned by the superintendent of

public instruction; and

r. Include any other information that the participating school districts wish to have

considered by the county committee or the state board.

2. 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.

3. The county superintendent shall publish the notice in the official newspaper of the

county at least fourteen days before the date of the hearing.

4. 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.

5. Before the hearing, the county committee shall review the reorganization plan and

ensure that all statutory requirements have been met.

6. At the hearing, the county committee shall accept testimony and documentary

evidence regarding the reorganization plan.

7. Following consideration of the testimony and documentary evidence presented at the

hearing, the committee shall approve or deny the reorganization plan.

8. 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.

9. 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.
N.D. Cent. Code § 15.1-36-02 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-02
15.1-36-02. Coal development trust fund - Board of university and school lands - School construction projects - Unanticipated construction projects and emergency repairs - Loans
Status: in_force

15.1-36-02. Coal development trust fund - Board of university and school lands -

School construction projects - Unanticipated construction projects and emergency

repairs - Loans.

1. Up to sixty million dollars from the coal development trust fund is available to the board

of university and school lands for loans under this section.

2. To be eligible for a loan under this section, the school district must demonstrate a need

based on an unanticipated construction project, an unanticipated replacement project,

an emergency repair, or a legislatively defined condition, and the board of a school

district shall:

a. Obtain the approval of the superintendent of public instruction for the construction

project under section 15.1-36-01; and

b. Submit to the superintendent of public instruction an application containing all

information deemed necessary by the superintendent, including potential

alternative sources or methods of financing the construction project.

3. The superintendent of public instruction shall consider each loan application in the

order the application received approval under section 15.1-36-01.

4. If the superintendent of public instruction approves the loan, the board of university

and school lands shall issue a loan from the coal development trust fund.

a. For a loan made under this subsection:

(1) Except for loans provided for a school construction project on an air force

base, the minimum loan amount is two hundred fifty thousand dollars and

the maximum loan amount for which a school district may qualify is five

million dollars;

(2) The term of the loan is twenty years, unless the board of the school district

requests a shorter term in the written loan application; and

(3) The interest rate of the loan may not exceed two percent per year.

b. During the 2025-27 biennium, a loan for a school construction project on an air

force base is an allowable condition under subsection 2. For a loan made for a

school construction project on an air force base under this subsection:

(1) The maximum loan amount for which the school district may qualify is the

lesser of twenty percent of the project cost or twenty million dollars;

(2) The term of the loan is twenty years, unless the board of the school district

requests a shorter term in the written loan application;

(3) The interest rate of the loan may not exceed two percent per year; and

(4) The school district must obtain all necessary federal authorizations and

funding commitments for the project.

5. a. If a school district seeking a loan under this section received an allocation of the

oil and gas gross production tax during the previous fiscal year in accordance

with chapter 57-51, the board of the district shall provide to the board of university

and school lands, and to the state treasurer, its evidence of indebtedness

indicating the loan originated under this section.

b. If the evidence of indebtedness is payable solely from the school district's

allocation of the oil and gas gross production tax in accordance with section

57-51-15, the loan does not constitute a general obligation of the school district

and may not be considered a debt of the district.

c. If a loan made to a school district is payable solely from the district's allocation of

the oil and gas gross production tax in accordance with section 57-51-15, the

terms of the loan must require the state treasurer withhold the dollar amount or

percentage specified in the loan agreement, from each of the district's oil and gas

gross production tax allocations, in order to repay the principal and interest of the

evidence of indebtedness. The state treasurer shall deposit the amount withheld

into the fund from which the loan originated.

d. Any evidence of indebtedness executed by the board of a school district under

this subsection is a negotiable instrument and not subject to taxation by the state

or any political subdivision of the state.

6. For purposes of this section, a "construction project" means the purchase, lease,

erection, or improvement of any structure or facility by a school board, provided the

acquisition or activity is within a school board's authority.
N.D. Cent. Code § 15.1-08-05 — ND Code / Title 15.1 / Chapter 15.1-08 / Section 15.1-08-05
15.1-08-05. Military installation - School board - Business manager
Status: in_force

15.1-08-05. Military installation - School board - Business manager

A school board established under this chapter may employ and compensate a business

manager. The individual employed as a business manager may not be a member of the school

board. The school board may dismiss or suspend the business manager without notice for

serious cause. In other instances, the board may dismiss the business manager upon thirty

days' written notice.
N.D. Cent. Code § 15.1-14-17 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-17
15.1-14-17. Multidistrict special education unit - Director - Discharge for cause - Report to the education standards and practices board
Status: in_force

15.1-14-17. Multidistrict special education unit - Director - Discharge for cause -

Report to the education standards and practices board.

If the board of a multidistrict special education unit discharges a director for cause, the

board shall report the discharge to the education standards and practices board.
N.D. Cent. Code § 15.1-11-05 — ND Code / Title 15.1 / Chapter 15.1-11 / Section 15.1-11-05
15.1-11-05. Preservation of records
Status: in_force

15.1-11-05. Preservation of records

The county superintendent of schools shall provide for the preservation of all records

acquired in an official capacity which have educational value and interest or which record official

acts by the county superintendent. At the conclusion of the county superintendent's

employment, the county superintendent shall deliver the records to the superintendent's

successor.
N.D. Cent. Code § 15.1-09-05 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-05
15.1-09-05. School board - Vacancies - Appointments
Status: in_force

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

1. The business manager of a school district shall notify the county superintendent that a

vacancy exists on the school board.

2. 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.

3. 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.

4. A vacancy may be declared for any reason set forth in section 44-02-01.

5. The business manager shall certify any appointment made under this section to the

county superintendent of schools.
N.D. Cent. Code § 15.1-20-02 — ND Code / Title 15.1 / Chapter 15.1-20 / Section 15.1-20-02
15.1-20-02. Compulsory attendance - Exceptions
Status: in_force

15.1-20-02. Compulsory attendance - Exceptions

1. Section 15.1-20-01 does not apply if the person having responsibility for the child

demonstrates to the satisfaction of the school board that:

a. The child is in attendance for the same length of time at an approved nonpublic

school;

b. The child has completed high school;

c. The child is necessary to the support of the child's family;

d. A multidisciplinary team including 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;

e. The child is receiving home education; or

f. The child is a military-connected student engaging in virtual instruction under

section 15.1-07-37 at the educational entity of the gaining or losing military

installation, a student with a medical condition unable to physically attend school,

or a student moving out of state and virtual instruction is allowed by the gaining or

losing educational entity.

2. The period of virtual instruction under subdivision f of subsection 1 may not extend

beyond the current school year.

3. A decision by the board of a school district under subsection 1 is appealable to the

district court.
N.D. Cent. Code § 15.1-21-14 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-14
15.1-21-14. Test - Availability for viewing
Status: in_force

15.1-21-14. Test - Availability for viewing

Upon request, a school district must allow any individual over the age of twenty to view any

test administered under sections 15.1-21-08 through this section as soon as the test is in the

possession of the school district.
N.D. Cent. Code § 15.1-27-09 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-09
15.1-27-09. Per student payments - Unaccredited elementary schools
Status: repealed

15.1-27-09. Per student payments - Unaccredited elementary schools

Repealed by S.L. 2011, ch. 131, § 9.
N.D. Cent. Code § 15.1-29-10 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-10
15.1-29-10. Tuition contracts - Agreement with federal officials
Status: in_force

15.1-29-10. Tuition contracts - Agreement with federal officials

A school board may contract with federal officials for the education of students in a federal

school.
N.D. Cent. Code § 15.1-21-12.3 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-12.3
15.1-21-12.3. Mathematics curriculum and professional development - Rules - Reports to the superintendent of public instruction and the legislative management
Status: in_force

15.1-21-12.3. Mathematics curriculum and professional development - Rules - Reports

to the superintendent of public instruction and the legislative management.

1. The superintendent of public instruction, in collaboration with the kindergarten through

grade twelve education coordination council, shall adopt rules to implement section

15.1-21-12.2, including rules to monitor implementation.

2. The superintendent of public instruction and the regional education associations shall

support school districts with implementation of section 15.1-21-12.2. The

superintendent of public instruction shall provide periodic reports to the legislative

management on the implementation and effectiveness of section 15.1-21-12.2 in

improving educational outcomes and student competency in mathematics and shall

publish the reports submitted by school districts on the website of the department of

public instruction.
N.D. Cent. Code § 15.1-38-03 — ND Code / Title 15.1 / Chapter 15.1-38 / Section 15.1-38-03
15.1-38-03. English language learner services - Individualized plans
Status: in_force

15.1-38-03. English language learner services - Individualized plans

If a school district determines through assessment that a student requires English language

learner services, the school district shall convene a team to review the student's language and

educational needs. The team may develop an individualized language plan and recommend

specialized language instruction and related services.
N.D. Cent. Code § 15.1-27-34 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-34
15.1-27-34. Transfer of funds prohibited - Youth correctional center
Status: in_force

15.1-27-34. Transfer of funds prohibited - Youth correctional center

The superintendent of public instruction may not transfer any portion of the funds

appropriated for state aid payments to the youth correctional center to support the provision of

educational services by the youth correctional center.
N.D. Cent. Code § 15.1-32-03 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-03
15.1-32-03. Interagency cooperative agreements - Development and implementation
Status: in_force

15.1-32-03. Interagency cooperative agreements - Development and implementation

The superintendent of public instruction shall develop and implement interagency

agreements with the department of corrections and rehabilitation, the department of health and

human services, and other public and private entities to maximize the state resources available

for fulfilling the educationally related service requirements of Public Law No. 94-142 [89

Stat. 773] and section 504 of the Rehabilitation Act of 1973, as amended.
N.D. Cent. Code § 15.1-12-22 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-22
15.1-12-22. School district reorganization - Board - Powers after five years - Exceptions
Status: in_force

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

Exceptions.

1. 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.

2. Notwithstanding subsection 1, the board of a reorganized district may change

geographic voting areas only in accordance with section 15.1-12-21.
N.D. Cent. Code § 15.1-16-06 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-06
15.1-16-06. Factfinding - Sharing of cost
Status: in_force

15.1-16-06. Factfinding - Sharing of cost

If an impasse exists under section 15.1-16-14, the contending parties shall share the cost of

factfinding equally.
N.D. Cent. Code § 15.1-12-17 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-17
15.1-12-17. School district reorganization - Elementary schools
Status: in_force

15.1-12-17. School district reorganization - Elementary schools

An elementary school in existence at the time a reorganization becomes effective may be

closed upon approval of the board. Unless otherwise directed by the superintendent of public

instruction, a school closed under this section may be reopened only upon resolution of the

school board and only at the beginning of a school year that follows by at least ninety days the

date of the school board's closure vote.
N.D. Cent. Code § 15.1-09-59 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-59
15.1-09-59. Maintenance of insurance - Report to superintendent of public instruction
Status: in_force

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

1. At least once every six years, each school district shall work with its commercial

property insurance carrier for the purpose of ensuring that:

a. All school district buildings and facilities are properly identified and accurately

valued; and

b. The contents of all school district buildings and facilities are properly inventoried

and accurately valued.

2. a. 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.

b. 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.

3. 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.

4. Annually, the superintendent of public instruction shall verify that each school district is

in compliance with the requirements of this section.
N.D. Cent. Code § 15.1-23-09 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-09
15.1-23-09. Home education - Standardized achievement test - Exemption
Status: in_force

15.1-23-09. Home education - Standardized achievement test - Exemption

1. a. While in grades four, six, eight, and ten, each child receiving home education

shall take:

(1) A standardized achievement test used by the school district in which the

child resides; or

(2) A nationally normed standardized achievement test if requested by the

child's parent.

b. The child shall take the test in the child's learning environment or, if requested by

the child's parent, in a public school. An individual licensed to teach by the

education standards and practices board or approved to teach by the education

standards and practices board shall administer the test.

2. a. The requirement of subsection 1 does not apply if the parent notifies the school

district in which the child resides that the parent has a philosophical, moral, or

religious objection to the use of standardized achievement tests or the parent:

(1) Is licensed to teach by the education standards and practices board or

approved to teach by the education standards and practices board;

(2) Holds a baccalaureate degree; or

(3) Has met or exceeded the cutoff score of a national teacher examination

given in this state or in any other state if this state does not offer such an

examination.

b. The parent shall file the notification and necessary documentation required by

this subsection with the school district at the same time that the parent files the

statement of intent to supervise home education required by section 15.1-23-02.
N.D. Cent. Code § 15.1-27-04.3 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-04.3
15.1-27-04.3. Adjustment to state aid - Local property tax effort
Status: in_force

15.1-27-04.3. Adjustment to state aid - Local property tax effort

Expired under S.L. 2019, ch. 149, § 27.
N.D. Cent. Code § 15.1-07-33 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-33
15.1-07-33. Student information system - Exemption (Effective through June 30, 2026)
Status: in_force

15.1-07-33. Student information system - Exemption. (Effective through June 30,

2026)

1. Notwithstanding any other technology requirements imposed by the superintendent of

public instruction or the information technology department, each school district shall

implement the state student information system administered by the superintendent of

public instruction and use it as its principal student information system. Each school

district shall use a state course code, assigned by the department of public instruction,

to identify all local classes in the state student information system.

2. The superintendent of public instruction may exempt a school district from having to

implement and utilize the state student information system if the school district

demonstrates:

a. The district has acquired and is using a student information system determined to

be compatible with the statewide longitudinal data system; or

b. In accordance with requirements of the bureau of Indian education, the district

has acquired and is utilizing a student information system that is determined to be

comparable by the superintendent.

Student information system - Exemption. (Effective after June 30, 2026)

1. Notwithstanding any other technology requirements imposed by the superintendent of

public instruction or the information technology department, each school district shall

implement the state student information system administered by the superintendent of

public instruction, use it as its principal student information system, and enter a data

sharing agreement with the department of public instruction, subject to federal and

state privacy laws and section 15.1-07-25.3. Each school district shall use a state

course code, assigned by the department of public instruction, to identify all local

classes in the state student information system.

2. The superintendent of public instruction may exempt a school district from having to

implement and utilize the state student information system if the school district

demonstrates:

a. The district has acquired and is using a student information system determined to

be compatible with the statewide longitudinal data system; or

b. In accordance with requirements of the bureau of Indian education, the district

has acquired and is utilizing a student information system that is determined to be

comparable by the superintendent.
N.D. Cent. Code § 15.1-22-01 — ND Code / Title 15.1 / Chapter 15.1-22 / Section 15.1-22-01
15.1-22-01. Kindergarten - Establishment by board
Status: in_force

15.1-22-01. Kindergarten - Establishment by board

The board of a school district shall:

1. Provide at least a half-day kindergarten program for any student enrolled in the district;

or

2. Pay the tuition required for the student to attend a kindergarten program in another

school district or, if requested by a parent or guardian, through the center for distance

education.
N.D. Cent. Code § 15.1-09-08 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-08
15.1-09-08. School district elections - Candidate filings
Status: in_force

15.1-09-08. School district elections - Candidate filings

An individual seeking election to the board of a school district shall prepare and sign a

document stating the individual's name and the position for which that individual is a candidate.

A candidate shall also file a statement of interests as required by section 16.1-09-02. Whether

or not the election is held in conjunction with a statewide election, all statements of interest must

be filed with the school district business manager, or mailed to and in the possession of the

business manager, by four p.m. of the sixty-fourth day before the election. A candidate shall also

file a campaign contribution statement as required by section 16.1-08.1-02.3.
N.D. Cent. Code § 15.1-19-10 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-10
15.1-19-10. Possession of a weapon - Policy - Expulsion from school
Status: in_force

15.1-19-10. Possession of a weapon - Policy - Expulsion from school

1. 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.

2. The policy must:

a. Prohibit the possession of a dangerous 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.

b. Require a student who possesses a firearm in violation of this section to be

expelled for at least one year.

c. 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.

d. Include a referral mechanism to the criminal justice or juvenile delinquency

system for a student who possesses a firearm in violation of this subsection.

3. 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.

4. 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.].

5. 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.

6. For purposes of this section:

a. "Dangerous weapon" has the meaning provided in 18 U.S.C. 930(g)(2).

b. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197;

18 U.S.C. 921].

c. "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.
N.D. Cent. Code § 15.1-09-53 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-53
15.1-09-53. School district employees' group health plans
Status: in_force

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.
N.D. Cent. Code § 15.1-15-04 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-04
15.1-15-04. Contracts - Renewals - Notice
Status: in_force

15.1-15-04. Contracts - Renewals - Notice

1. a. 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.

b. 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.

c. 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.

2. a. 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.

b. 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.

3. a. 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.

b. 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.

c. 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.

4. a. 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.

b. 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.
N.D. Cent. Code § 15.1-40-11 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-11
15.1-40-11. Charter performance agreement - Terms - Delayed opening
Status: in_force

15.1-40-11. Charter performance agreement - Terms - Delayed opening

1. An initial charter performance agreement term is five years. The term commences on

the public charter school's first day of operation.

2. A public charter school may delay its opening for up to one school year after approval.

If the public charter school requires an opening delay of more than one school year,

the public charter school shall request an extension from the superintendent of public

instruction, which may be granted at the discretion of the superintendent.

3. The superintendent of public instruction may grant renewal of a charter performance

agreement for successive terms of five years.
N.D. Cent. Code § 15.1-06-05 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-05
15.1-06-05. Instructional days - Reconfiguration - Application
Status: repealed

15.1-06-05. Instructional days - Reconfiguration - Application

Repealed by S.L. 2019, ch. 149, § 19.
N.D. Cent. Code § 15.1-40-19 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-19
15.1-40-19. Public school employees
Status: in_force

15.1-40-19. Public school employees

1. Public charter school teachers must be licensed by the education standards and

practices board and must meet the requirements under chapter 15.1-18.

2. An employee of a public charter school is eligible to participate in retirement and

benefits programs of the state, if the public charter school elects to participate and

satisfies the requirements of the internal revenue service.
N.D. Cent. Code § 15.1-02-23 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-23
15.1-02-23. Intervention for chronically low-performing schools - Report
Status: in_force

15.1-02-23. Intervention for chronically low-performing schools - Report

1. As used in this section, unless context otherwise requires:

a. "Chronically low-performing district" means a school district for which auditing

and monitoring has revealed a consistent mishandling of processes, reporting, or

funds resulting in inadequate educational services for the school district's

students and has had chronically low-performing schools within the school

district.

b. "Chronically low-performing school" means a school identified by the state for

comprehensive support and improvement in accordance with the Every Student

Succeeds Act [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28 et seq.] for more than

one cycle.

c. "Inadequate educational services" include a lack of annual progress in academic

achievement, student engagement, resource allocation, teacher effectiveness,

chronic absenteeism, and persistent subgroup opportunity gaps.

2. The superintendent of public instruction shall intervene directly when a public school is

a chronically low-performing school and when a school district is a chronically

low-performing school district. The superintendent of public instruction shall conduct

an assessment and a review of past interventions of a chronically low-performing

school or school district to identify areas of insufficient performance and develop an

improvement plan. An improvement plan under this section may include a directive

from the superintendent of public instruction requiring:

a. Funds to be held in escrow for the school or school district or spent as designated

by the superintendent of public instruction.

b. Changes to curriculum, training, instruction, assessment, or the school calendar

in the school or school district.

c. Reassignment or hiring of school or school district staff to fill roles associated with

school or school district needs.

3. A memorandum of understanding must be entered between the department of public

instruction and a chronically low-performing school or school district.

4. A chronically low-performing school or school district shall complete a school board

leadership program as required by the department of public instruction.

5. The superintendent of public instruction shall report annually to the state board of

public school education, the education standing committees of the legislative assembly

during a legislative session, and an interim committee of the legislative management

when the legislative assembly is not in a legislative session regarding the

implementation of this section.
N.D. Cent. Code § 15.1-13-04 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-04
15.1-13-04. Term of office - Vacancy
Status: in_force

15.1-13-04. Term of office - Vacancy

The term of office for a member of the board is three years, beginning on July first of the

year of appointment. No person may serve for more than two consecutive terms. If a vacancy

occurs, it must be filled for the duration of the unexpired term in the same manner as an original

appointment.
N.D. Cent. Code § 15.1-09-24 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-24
15.1-09-24. School boards - Sharing of election expenses
Status: in_force

15.1-09-24. School boards - Sharing of election expenses

If a school district election is held in conjunction with a primary election, the board of the

school district may agree with the governing body of the county or counties in which the district

is located to share election costs and responsibilities, including those associated with a

canvassing board, election personnel, the printing of election materials, the publishing of legal

notices, and the use of poll books. Each board of a school district that enters into an agreement

with the county must notify the county auditor, in writing, at least sixty-four days before the

election of the offices to be filled at the election and any measures to appear on the ballot.
N.D. Cent. Code § 15.1-27-27.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-27.1
15.1-27-27.1. School district transportation of special education students - Payments
Status: repealed

15.1-27-27.1. School district transportation of special education students - Payments

Repealed by S.L. 2025, ch. 196, § 4.
N.D. Cent. Code § 15.1-34-06 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-06
15.1-34-06. Conviction - Effect on registration - Exceptions
Status: in_force

15.1-34-06. Conviction - Effect on registration - Exceptions

A person who has been convicted of an offense may not be disqualified from registration

under this chapter, unless:

1. The department determines that the offense has a direct bearing upon the person's

ability to serve the public as an owner or operator of a boarding home for students with

disabilities; or

2. Following conviction for any offense, the department deems that the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 15.1-12-24 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-24
15.1-12-24. Nonoperating school district - Reorganization or dissolution
Status: in_force

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.
N.D. Cent. Code § 15.1-07-35 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-35
15.1-07-35. School districts - Policy - Alternative curriculum outside the classroom - Participation - Report to legislative management
Status: in_force

15.1-07-35. School districts - Policy - Alternative curriculum outside the classroom -

Participation - Report to legislative management.

1. For purposes of this section:

a. "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.

b. "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.

2. The superintendent of public instruction shall adopt rules to administer this section.

3. 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.

4. A policy adopted under this section must provide criteria for:

a. The submission, approval, and evaluation of proposals for educational

opportunities by sponsoring entities for which a student may earn course credit;

b. Sponsoring entity eligibility; and

c. Educational opportunity accountability.

5. The board of a school district or governing board of a nonpublic school may approve a

proposal from any eligible sponsoring entity. To be approved, a proposal must:

a. Provide increased educational opportunities for students;

b. Improve the academic success of students; and

c. 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.

6. Upon approval by the board of a public school district or governing board of a

nonpublic school, the proposal must be submitted to the superintendent of public

instruction.

7. 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.

8. The superintendent of public instruction may revoke program 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.

9. The superintendent of public instruction shall provide a biennial report to the legislative

management regarding proposals under this section.
N.D. Cent. Code § 15.1-14-03.1 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-03.1
15.1-14-03.1. Individual functioning as a principal and a superintendent - Treatment
Status: in_force

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.
N.D. Cent. Code § 15.1-22-04 — ND Code / Title 15.1 / Chapter 15.1-22 / Section 15.1-22-04
15.1-22-04. Kindergarten - Discontinuation
Status: in_force

15.1-22-04. Kindergarten - Discontinuation

A school board by resolution may cease to provide a kindergarten.
N.D. Cent. Code § 15.1-07-09 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-09
15.1-07-09. Sinking fund - Transfers - Increases
Status: in_force

15.1-07-09. Sinking fund - Transfers - Increases

If a school board transfers money into a sinking fund, the board may not consider the

money to be cash on hand when computing the budget for the ensuing fiscal year. A school

board may not through transfers increase a sinking fund to the extent that the sinking fund is

greater than the amount needed to pay the bond issue in full.
N.D. Cent. Code § 15.1-19-01 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-01
15.1-19-01. Legal surname - Use
Status: in_force

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.
N.D. Cent. Code § 15.1-31-02 — ND Code / Title 15.1 / Chapter 15.1-31 / Section 15.1-31-02
15.1-31-02. Open enrollment - Grounds for denial - Exception
Status: repealed

15.1-31-02. Open enrollment - Grounds for denial - Exception

Repealed by S.L. 2007, ch. 181, § 3.
N.D. Cent. Code § 15.1-18.2-06 — ND Code / Title 15.1 / Chapter 15.1-18.2 / Section 15.1-18.2-06
15.1-18.2-06. Teacher support program - Availability of services
Status: in_force

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.
N.D. Cent. Code § 15.1-14-30 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-30
15.1-14-30. Area career and technology center - Director - Nonrenewal of contract - Hearing
Status: in_force

15.1-14-30. Area career and technology center - Director - Nonrenewal of contract -

Hearing.

1. At the hearing required by section 15.1-14-29, the board of the area career and

technology center shall present testimony or documentary evidence to substantiate the

reasons for the contemplated nonrenewal of a director who has been employed by the

board in that position for at least two consecutive years.

2. The director may call witnesses and present evidence necessary to refute the reasons

for nonrenewal.

3. Each witness appearing on behalf of the board or the director may be questioned for

the purpose of clarification.

4. Unless otherwise agreed to by the board and the director, the hearing must be

conducted as an executive session of the board, except that:

a. 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.

b. 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.

5. If the director chooses to be accompanied by an attorney, the legal expenses

attributable to that representation are the responsibility of the director.

6. If a continuance is requested by the director, the board shall grant a continuance for a

period not to exceed seven days.

7. 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.

8. If, after considering the testimony and evidence presented at the hearing, the board

chooses not to renew the contract of the director, the board shall provide written notice

of its decision to the director on or before May first.
N.D. Cent. Code § 15.1-24-02 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-02
15.1-24-02. Staff
Status: in_force

15.1-24-02. Staff

The superintendent of public instruction may employ an individual as a chemical abuse

project coordinator. The coordinator shall:

1. Develop rules, in consultation with other private and public entities.

2. Disseminate rules developed under this chapter.

3. Provide communities, through their schools, with technical assistance in the planning

and implementation of a chemical abuse and prevention program.

4. Collect data for reporting and program evaluation purposes.

5. Facilitate coordination of this program with prevention and educational programs

conducted by other state agencies.

6. Provide the superintendent of public instruction with a written program evaluation.

7. Serve as a resource specialist to schools regarding the development and

implementation of chemical abuse prevention programs.
N.D. Cent. Code § 15.1-07-30 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-30
15.1-07-30. Compensation - Reimbursement - Extraordinary service
Status: repealed

15.1-07-30. Compensation - Reimbursement - Extraordinary service

Repealed by S.L. 2007, ch. 162, § 18.
N.D. Cent. Code § 15.1-29-14.1 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-14.1
15.1-29-14.1. Placement of student by out-of-state agency or entity - Provision of services - Contract - Responsibility for tuition and charges
Status: in_force

15.1-29-14.1. Placement of student by out-of-state agency or entity - Provision of

services - Contract - Responsibility for tuition and charges.

A school district in this state may not enroll a student who is placed in the district for

purposes other than education by an out-of-state agency or entity and whose school district of

residence is located in another state, unless:

1. This state and the student's state or school district of residence have entered a

contract that addresses responsibility for the payment of all tuition and tutoring

charges; or

2. Other contractual arrangements exist governing responsibility for the payment of all

tuition and tutoring charges.
N.D. Cent. Code § 15.1-24-03 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-03
15.1-24-03. Chemical abuse preassessment team - Building level support team
Status: in_force

15.1-24-03. Chemical abuse preassessment team - Building level support team

Any school may appoint a chemical abuse preassessment team consisting of a school

counselor, a social worker, and other appropriately trained individuals or a school may use a

building support team to carry out chemical abuse prevention services under this chapter. The

team shall review and act upon law enforcement reports of chemical abuse violations by

students. Within fourteen days of receiving a report, the team shall determine whether to

provide to the student, or if the student is a minor to the student's parent or guardian,

information regarding chemical abuse and school and community services available to assist

individuals who engage in chemical abuse.
N.D. Cent. Code § 15.1-09-34.1 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-34.1
15.1-09-34.1. Vehicle and heating fuel - Purchases
Status: in_force

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.
N.D. Cent. Code § 15.1-19-25 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-25
15.1-19-25. Student journalists - Freedom of expression - Civil remedy
Status: in_force

15.1-19-25. Student journalists - Freedom of expression - Civil remedy

1. As used in this section:

a. "Protected activity" means an expression of free speech or freedom of the press.

b. "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.

c. "Student journalist" means a public school student who gathers, compiles, writes,

edits, photographs, records, or prepares information for dissemination in

school-sponsored media.

d. "Student media adviser" means an individual employed, appointed, or designated

by a school district to supervise or provide instruction relating to

school-sponsored media.

2. 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.

3. This section does not authorize or protect expression by a student that:

a. Is libelous, slanderous, or obscene;

b. Constitutes an unwarranted invasion of privacy;

c. Violates federal or state law; or

d. 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.

4. A school district may not authorize any prior restraint of any school-sponsored media

except when the media:

a. Is libelous, slanderous, or obscene;

b. Constitutes an unwarranted invasion of privacy;

c. Violates federal or state law; or

d. 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.

5. A school district may not sanction a student operating as an independent journalist.

6. 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.
N.D. Cent. Code § 15.1-12-16.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-16.1
15.1-12-16.1. Reorganization plan - Building fund levy
Status: in_force

15.1-12-16.1. Reorganization plan - Building fund levy

The reorganization plan required by section 15.1-12-09 may propose the inclusion of up to

ten mills as a building fund levy. If the reorganization plan is approved by a majority of electors

residing within the boundaries of the proposed new district, the building fund levy becomes

effective, notwithstanding any other voter approval requirement in section 57-15-16.
N.D. Cent. Code § 15.1-21-28 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-28
15.1-21-28. Growth and development and human sexuality curriculum - Content
Status: in_force

15.1-21-28. Growth and development and human sexuality curriculum - Content

1. As used in this section:

a. "Human growth and development discussion" means an oral, written, or digital

lesson, lecture, or presentation about human biology related to pregnancy and

human development inside the womb.

b. "Human sexuality instruction" means an oral, written, or digital lesson, lecture, or

presentation about sexual activity and pregnancy in the context of student health

or healthy relationships.

2. A school district's health curriculum must include human growth and development

discussion. The human growth and development discussion must include:

a. A high-definition ultrasound video, at least three minutes in duration, showing the

development of the brain, heart, sex organs, and other vital organs in early fetal

development; and

b. A high-quality, computer-generated rendering or animation showing the process

of fertilization and every stage of human development inside the uterus, noting

significant markers in cell growth and organ development for every week of

pregnancy until birth.

3. A school district offering human sexuality instruction shall ensure human sexuality

instruction includes:

a. A high-definition ultrasound video, at least three minutes in duration, showing the

development of the brain, heart, sex organs, and other vital organs in early fetal

development; and

b. A high-quality, computer-generated rendering or animation showing the process

of fertilization and every stage of human development inside the uterus, noting

significant markers in cell growth and organ development for every week of

pregnancy until birth.

4. The superintendent of public instruction shall ensure the requirements of this section

are included in the North Dakota health content standards.
N.D. Cent. Code § 15.1-27-13 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-13
15.1-27-13. Per student payments - Students on active duty
Status: in_force

15.1-27-13. Per student payments - Students on active duty

A school district is entitled to receive payments under this chapter for a student who is

absent up to one semester because the student is a member of the North Dakota national guard

and is engaged in active duty or training within or outside the state.
N.D. Cent. Code § 15.1-09-49 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-49
15.1-09-49. Board of education of city of Fargo - Taxes for buildings
Status: in_force

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.
N.D. Cent. Code § 15.1-09-33.5 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-33.5
15.1-09-33.5. School board - Immunity from liability
Status: in_force

15.1-09-33.5. School board - Immunity from liability

The superintendent of public instruction, school districts, schools, school boards and

individual school board members, governing boards and individual governing board members,

administrators, principals, teachers, and any other school district employed personnel are

immune from any liability for damages resulting from a school's decision to display the

ten commandments or permit students to recite the pledge of allegiance under section

15.1-09-33.
N.D. Cent. Code § 15.1-14-23 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-23
15.1-14-23. Area career and technology center - Director - Evaluation
Status: in_force

15.1-14-23. Area career and technology center - Director - Evaluation

1. Before December fifteenth of each year, the board of an area career and technology

center shall conduct a formative evaluation of the director's performance.

2. 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.

3. 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.

4. 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.

5. The board shall meet with the director to discuss the evaluation.
N.D. Cent. Code § 15.1-21-07 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-07
15.1-21-07. School-to-work - Student participation voluntary
Status: in_force

15.1-21-07. School-to-work - Student participation voluntary

Before an elementary or secondary school student may participate in any course, program,

or project offered under the auspices of the School-to-Work Opportunities Act of 1994

[Pub. L. 103-239; 108 Stat. 568; 20 U.S.C. 2394 et seq.], the student's school principal shall

obtain the written consent of the student's parent or legal guardian. Participation by a student is

voluntary and may not be deemed a condition of graduation. Neither school personnel, school

district personnel, nor the superintendent of public instruction may impose any academic

penalties or any other sanctions on a student for failure to participate. A student's participation in

a course, program, or project offered under the auspices of the School-to-Work Opportunities

Act of 1994 is subject to all state and federal child labor laws.
N.D. Cent. Code § 15.1-29-06 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-06
15.1-29-06. Petition for waiver of tuition - Appeal - Withholding of state payments
Status: in_force

15.1-29-06. Petition for waiver of tuition - Appeal - Withholding of state payments

1. a. Within fifteen days after receipt of an appeal filed under section 15.1-29-05, the

county superintendent of schools shall convene a three-member committee

consisting of the county superintendent, the state's attorney, and one member

appointed by the board of county commissioners for a term of three years. The

committee shall consult with the boards of the affected districts and with the

student's parent. The committee shall schedule a hearing, giving due notice to

each affected board and to the student's parent. The committee shall conduct the

hearing in a manner that allows all parties to present arguments and responses.

The committee shall base its decision regarding the petition on the grade in which

the student is or will be enrolled.

b. (1) If the student is or during the following school year will be enrolled in any

grade from nine through twelve and the committee finds that the attendance

of the student is necessitated by shorter distances, previous attendance in

another high school, inadequacy of curriculum considering the student's

educational needs, or extreme hardship for the student or the student's

family, the committee shall approve the petition and direct the board of the

student's school district of residence to pay the tuition or sign a tuition

waiver contract.

(2) The committee's directive regarding the payment of tuition or the duration of

the tuition waiver contract may be for any fixed number of school years, up

to the completion of the student's high school education, unless open

enrollment is an available option.

c. (1) If the student is or during the following school year will be enrolled in any

grade from kindergarten through eight and the committee finds the

attendance of the student is necessitated by shorter distances or extreme

hardship for the student or the student's family, the committee shall approve

the petition and direct the board of the student's school district of residence

to pay the tuition or sign a tuition waiver contract.

(2) The committee's directive regarding the payment of tuition or the duration of

the tuition waiver contract is limited to one school year. The student's parent

may make subsequent applications for the payment of tuition or the signing

of a tuition waiver contract.

d. The decision of the committee may be appealed to the state board of public

school education and the decision of the board is final.

2. If a student's school district of residence consists of land situated in more than one

county, the three-member committee established under subsection 1 must consist of

the county superintendent of schools and the state's attorney from the county in which

the greatest portion of the school district's land is situated, and an individual appointed

for a term of three years by the board of county commissioners representing the

county in which the greatest portion of the school district's land is situated.

3. If the student's school district of residence does not pay the tuition or sign the tuition

waiver contract, as required by this section, the board of the admitting district shall

notify the superintendent of public instruction. Upon verification, the superintendent of

public instruction shall withhold all state payments to the student's school district of

residence until the requisite action has been taken.

4. A school district of residence may provide transportation to a student for whom tuition

is paid under this section or for whom the payment of tuition is contractually waived. If

a school district of residence does not provide transportation to the student, it may be

provided by the admitting district.
N.D. Cent. Code § 15.1-25-06 — ND Code / Title 15.1 / Chapter 15.1-25 / Section 15.1-25-06
15.1-25-06. Courses - Statutory and regulatory exemption
Status: in_force

15.1-25-06. Courses - Statutory and regulatory exemption

The courses for which dual high school and postsecondary credit are available under this

chapter are postsecondary courses and are exempt from any statutory or regulatory provisions

otherwise applicable to high school courses and to the individuals by whom high school courses

are taught.
N.D. Cent. Code § 15.1-30-10 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-10
15.1-30-10. Transportation contract - Assignment
Status: in_force

15.1-30-10. Transportation contract - Assignment

A transportation contract is assignable only upon written authorization by the school board.
N.D. Cent. Code § 15.1-36-05 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-05
15.1-36-05. Construction of public school building - Violations - Penalty
Status: in_force

15.1-36-05. Construction of public school building - Violations - Penalty

1. A person is guilty of an infraction if the person:

a. Draws plans or specifications for the construction of a public school building or

facility in violation of this chapter;

b. Superintends the construction of a public school building or facility in violation of

this chapter;

c. Constructs a public school building or facility in violation of this chapter; or

d. Violates any other provision of this chapter.

2. A member of a school board is guilty of an infraction if the member concurred in a

violation of this chapter by the board.
N.D. Cent. Code § 15.1-07-11 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-11
15.1-07-11. Incidental revolving fund
Status: in_force

15.1-07-11. Incidental revolving fund

The board of a school district may establish a revolving fund from which to pay incidental

expenses. The board shall establish the amount to be retained in the incidental fund and must

draw the amount from the general fund of the district. The school district superintendent or

another school administrator designated to draw checks on the fund shall submit a monthly

report to the school board listing the checks drawn, the payee, and the purpose for which each

check was drawn.
N.D. Cent. Code § 15.1-09-29 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-29
15.1-09-29. School board - Quorum - Majority vote
Status: in_force

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.
N.D. Cent. Code § 15.1-14-20 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-20
15.1-14-20. Multidistrict special education unit - Director - Nonrenewal of contract - Hearing
Status: in_force

15.1-14-20. Multidistrict special education unit - Director - Nonrenewal of contract -

Hearing.

1. At the hearing required by section 15.1-14-19, the board of the multidistrict special

education unit shall present testimony or documentary evidence to substantiate the

reasons for the contemplated nonrenewal of a director who has been employed by the

board in that position for at least two consecutive years.

2. The director may call witnesses and present evidence necessary to refute the reasons

for nonrenewal.

3. Each witness appearing on behalf of the board or the director may be questioned for

the purpose of clarification.

4. Unless otherwise agreed to by the board and the director, the hearing must be

conducted as an executive session of the board, except that:

a. 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.

b. 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.

5. If the director chooses to be accompanied by an attorney, the legal expenses

attributable to that representation are the responsibility of the director.

6. If a continuance is requested by the director, the board shall grant a continuance for a

period not in excess of seven days.

7. 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.

8. If, after considering the testimony and evidence presented at the hearing, the board

chooses not to renew the contract of the director, the board shall provide written notice

of its decision to the director on or before May first.
N.D. Cent. Code § 15.1-37-06 — ND Code / Title 15.1 / Chapter 15.1-37 / Section 15.1-37-06
15.1-37-06. Receipt and distribution of grants - Notification
Status: repealed

15.1-37-06. Receipt and distribution of grants - Notification

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 15.1-38-02 — ND Code / Title 15.1 / Chapter 15.1-38 / Section 15.1-38-02
15.1-38-02. Program establishment
Status: in_force

15.1-38-02. Program establishment

The superintendent of public instruction shall:

1. Appoint a state advisory committee to assist with the establishment and administration

of English language learner programs and the state English language proficiency

assessment;

2. Establish standards for English language learner programs;

3. Establish student caseload criteria for English language learner teachers, deviation

from which may not affect the accreditation or funding level of a school district;

4. Ensure that the English language learner programs use effective research-based

methods to teach the students;

5. Assist school districts with the development and administration of English language

learner programs and services;

6. Employ a program administrator and other necessary personnel; and

7. Coordinate federal, state, and local funding to maximize the services available to

students.
N.D. Cent. Code § 15.1-32-09 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-09
15.1-32-09. Superintendent of public instruction - Rules
Status: in_force

15.1-32-09. Superintendent of public instruction - Rules

The superintendent of public instruction shall adopt rules for the provision of special

education to students with disabilities and for the administration of this chapter.
N.D. Cent. Code § 15.1-33-03 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-03
15.1-33-03. Multidistrict special education unit - Organizational plan - Contents
Status: in_force

15.1-33-03. Multidistrict special education unit - Organizational plan - Contents

Each multidistrict special education unit shall maintain an organizational plan on file with the

superintendent of public instruction. The organizational plan must include:

1. A list of the unit's board members.

2. A description of how each school district is represented on the board.

3. The method used to select officers.

4. The terms of office.

5. Scheduled meeting times.

6. Quorum requirements.

7. Any other items required through rule by the superintendent of public instruction.
N.D. Cent. Code § 15.1-02-18 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-18
15.1-02-18. Statewide longitudinal data system committee - Membership - Powers and duties - Report to interim committee - Continuing appropriation
Status: repealed

15.1-02-18. Statewide longitudinal data system committee - Membership - Powers and

duties - Report to interim committee - Continuing appropriation.

Repealed by S.L. 2015, ch. 141, § 9.
N.D. Cent. Code § 15.1-21-05.1 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-05.1
15.1-21-05.1. Curriculum - Critical race theory - Prohibited
Status: in_force

15.1-21-05.1. Curriculum - Critical race theory - Prohibited

Each school district and public school shall ensure instruction of its curriculum is factual,

objective, and aligned to the kindergarten through grade twelve state content standards. A

school district or public school may not include instruction relating to critical race theory in any

portion of the district's required curriculum under sections 15.1-21-01 or 15.1-21-02, or any

other curriculum offered by the district or school. For purposes of this section, "critical race

theory" means the theory that racism is not merely the product of learned individual bias or

prejudice, but that racism is systemically embedded in American society and the American legal

system to facilitate racial inequality. The superintendent of public instruction may adopt rules to

govern this section.
N.D. Cent. Code § 15.1-27-20.2 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-20.2
15.1-27-20.2. Taxable valuation - Impact on state aid
Status: in_force

15.1-27-20.2. Taxable valuation - Impact on state aid

1. If a school district's imputed taxable valuation per student is greater than one hundred

fifty percent of the state average imputed taxable valuation per student, the

superintendent of public instruction shall:

a. Determine the difference between the district's imputed taxable valuation per

student and one hundred fifty percent of the state average imputed taxable

valuation per student;

b. Multiply the dollar amount determined under subdivision a by the district's

average daily membership;

c. Multiply the dollar amount determined under subdivision b by one hundred

eighty-five mills;

d. Multiply the dollar amount determined under subdivision c by a factor of 0.75; and

e. Subtract the dollar amount determined under subdivision d from the total amount

of state aid to which the district is otherwise entitled.

2. For purposes of this section, "imputed taxable valuation" means the valuation of all

taxable real property in the district plus an amount determined by dividing the district's

mineral and tuition revenue by sixty percent of the district's general fund mill levy.

Beginning July 1, 2008, "imputed taxable valuation" means the valuation of all taxable

real property in the district plus an amount determined by dividing seventy percent of

the district's mineral and tuition revenue by the district's general fund mill levy.
N.D. Cent. Code § 15.1-34-11 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-11
15.1-34-11. Registration certificate - Revocation
Status: in_force

15.1-34-11. Registration certificate - Revocation

The department may revoke a registration certificate issued under this chapter if:

1. The home is in an unsanitary condition.

2. The home is not properly equipped to provide for the health and safety of the students.

3. The individual in charge of the home and all assistants are not qualified to fulfill the

duties required of them under this chapter and under any rules adopted by the

department.

4. The owner or operator does not comply with the standards prescribed by the

department.

5. The registration certificate was issued as a result of an application that contained

fraudulent information or an untrue representation.

6. The person to whom the registration certificate was issued violated a rule adopted by

the department.

7. The person to whom the registration certificate was issued is found guilty of an offense

which, in the determination of the department, has a direct bearing upon the person's

ability to serve the public as an owner or operator of a boarding home for students with

disabilities.

8. The person to whom the registration certificate was issued is found guilty of any

offense and the department determines that the person is not sufficiently rehabilitated

under section 12.1-33-02.1.
N.D. Cent. Code § 15.1-27-05 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-05
15.1-27-05. School district equalization factor
Status: repealed

15.1-27-05. School district equalization factor

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-13-14 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-14
15.1-13-14. Initial and re-entry licensure of teachers - Criminal history record check
Status: in_force

15.1-13-14. Initial and re-entry licensure of teachers - Criminal history record check

The board shall check, or cause to be checked, the criminal history record of each applicant

for initial licensure and re-entry licensure as a teacher in accordance with section 12-60-24. All

costs associated with the background check and with obtaining and processing the fingerprints

are the responsibility of the applicant. Criminal history records provided to the board pursuant to

this section are confidential and closed to the public and may only be used by the board for

determining an applicant's eligibility for licensure and obtaining documentation to support a

denial of licensure.
N.D. Cent. Code § 15.1-09-46 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-46
15.1-09-46. School district census
Status: repealed

15.1-09-46. School district census

Repealed by S.L. 2007, ch. 163, § 57.
N.D. Cent. Code § 15.1-13-35 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-35
15.1-13-35. Teacher licensure requirement - Youth mental health competency
Status: in_force

15.1-13-35. Teacher licensure requirement - Youth mental health competency

1. The board shall ensure a candidate for teacher licensure demonstrates competencies

in youth mental health. Competencies must include:

a. 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;

b. Knowledge of mental health symptoms, social stigmas, risks, and protective

factors; and

c. Awareness of referral sources and strategies for appropriate interventions.

2. 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.
N.D. Cent. Code § 15.1-29-11 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-11
15.1-29-11. Admission of students - Conditions
Status: in_force

15.1-29-11. Admission of students - Conditions

The board of a school district shall admit students from other districts to its schools if:

1. The admission does not create overcrowding; and

2. a. The board of the sending district has entered into a contract with the board of the

admitting district regarding the students' attendance;

b. Tuition will be paid by the parents of the students from the sending district; or

c. The grade level required by the students is not offered by the sending district.
N.D. Cent. Code § 15.1-12-01 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-01
15.1-12-01. Definitions
Status: in_force

15.1-12-01. Definitions

In this chapter, unless the context otherwise requires:

1. "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.

2. "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.

3. "Dissolution" means the process through which a school district ceases to function and

the subsequent attachment of its real property to other school districts.

4. "Reorganization" means the formation of a new school district through the

combination, in whole or in part, of two or more school districts.

5. "State board" means the state board of public school education.
N.D. Cent. Code § 15.1-02-10 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-10
15.1-02-10. School district finance facts report - Distribution
Status: in_force

15.1-02-10. School district finance facts report - Distribution

The superintendent of public instruction shall make the annual school district finance facts

report available to each member of the legislative assembly upon request. The superintendent

shall provide eight copies of the report to the state library. The superintendent shall make the

report available to the public on the superintendent of public instruction's website.
N.D. Cent. Code § 15.1-30-09 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-09
15.1-30-09. Transportation contract - Waiver of provisions
Status: in_force

15.1-30-09. Transportation contract - Waiver of provisions

In the case of an emergency or other unforeseen event, the school board president may

waive transportation contract provisions requiring that only vehicles described in the contract be

used and that the vehicles be operated only by individuals named in the contract. The waiver is

valid only until the next regular or special meeting of the board.
N.D. Cent. Code § 15.1-13-27 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-27
15.1-13-27. Suspension or revocation of teaching license - Notice
Status: in_force

15.1-13-27. Suspension or revocation of teaching license - Notice

1. 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.

2. 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.
N.D. Cent. Code § 15.1-18.1-02 — ND Code / Title 15.1 / Chapter 15.1-18.1 / Section 15.1-18.1-02
15.1-18.1-02. National board certification program - Recertification - Board duties
Status: in_force

15.1-18.1-02. National board certification program - Recertification - Board duties

1. The board shall:

a. Inform teachers of the national board certification program and the scholarships

and services the national board provides to teachers seeking certification.

b. 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.

c. (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.

d. Ensure that all scholarship recipients under this subsection receive adequate

information regarding the level of commitment required to acquire certification.

2. 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:

a. Approve no more than three scholarship applications per year under this

subsection;

b. 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

c. 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.

3. 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.

4. 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:

a. The individual was employed during the school year as a full-time classroom

teacher by a school district in this state; and

b. The individual participated in any efforts of the employing school district to

develop and implement teacher mentoring programs.

5. 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.
N.D. Cent. Code § 15.1-29-13 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-13
15.1-29-13. Tuition payments - Nonresident students
Status: in_force

15.1-29-13. Tuition payments - Nonresident students

1. a. Except as provided in this subsection or as otherwise agreed to in the compact

on educational opportunity for military children, the board of a school district that

admits a nonresident student shall charge and collect tuition for the student.

Either the student's district of residence shall pay the tuition to the admitting

district in accordance with section 15.1-29-12 or the student's parent shall pay the

tuition to the admitting district in accordance with section 15.1-29-07.

b. A board may charge tuition for nonresident students enrolled in an approved

alternative education program.

c. Except as otherwise provided, if a school district fails to charge and collect tuition

for a nonresident student, the districts shall forfeit any state aid otherwise payable

for the nonresident student.

2. a. The board of a school district may admit a nonresident student from another

district in this state offering the same grade level as that in which the student is

enrolled without a charge and collection of tuition if the sending and admitting

districts have entered into a written contract regarding the student's admission.

b. For purposes of determining whether the same grade level is offered, two or more

school districts cooperating with each other for the joint provision of educational

services under a plan approved by the superintendent of public instruction must

be considered to be a single district.

c. The contract must specify whether transportation is to be provided and, if so, by

which district. If a school district of residence does not provide transportation to

the student, it may be provided by the admitting district and the admitting district

is then entitled to state payments for the transportation of the student.

d. A contract is not necessary if the nonresident student is enrolled in an approved

alternative education program for which no tuition is charged.

e. A school district may admit a nonresident student described in section 15.1-31-07

from another school district in this state without a charge and collection of tuition

and without a written agreement.

3. A school district may not charge or collect from a nonresident student, the student's

parent, or the student's district of residence any fees or charges not otherwise

assessed to all resident students.
N.D. Cent. Code § 15.1-21-16 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-16
15.1-21-16. Summer school courses and programs - Eligibility for payment
Status: in_force

15.1-21-16. Summer school courses and programs - Eligibility for payment

The summer school courses and programs for which a school district may receive payment

as provided in section 15.1-27-19 are:

1. a. Mathematics provided to students enrolled in any grade from kindergarten

through eight;

b. Reading provided to students enrolled in any grade from kindergarten through

eight;

c. Science provided to students enrolled in any grade from five through eight; and

d. Social studies provided to students enrolled in any grade from five through eight;

and

2. Any other high school summer courses that satisfy requirements for graduation,

comprise at least as many clock-hours as courses offered during the regular school

term, and comply with rules adopted by the superintendent of public instruction.
N.D. Cent. Code § 15.1-13-10.1 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-10.1
15.1-13-10.1. Student teaching requirements - Teachers licensed in other states
Status: in_force

15.1-13-10.1. Student teaching requirements - Teachers licensed in other states

If an individual who is or was licensed to teach in another state applies for a license to teach

in this state, the education standards and practices board may not impose on the individual any

student teaching requirements as a condition of licensure. This section is applicable to an

individual who graduated from a state-approved regular education program but not to an

individual who completed an alternative education program as a condition of licensure.
N.D. Cent. Code § 15.1-07-41 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-41
15.1-07-41. Personal electronic devices - Prohibition during instructional time
Status: in_force

15.1-07-41. Personal electronic devices - Prohibition during instructional time

1. As used in this section:

a. "Instructional time" means the time from the start of the schoolday until dismissal

at the end of the schoolday on school premises, for which the signal may be the

ringing of a bell, including a structured or unstructured learning experience,

recess, a lunch period, and time in between classes. The term does not include

private student travel time to and from an area career and technology center or

other offsite learning experience or instructional time occurring in virtual

environments off school premises.

b. "Parent" means a parent or guardian of a student who is authorized to make

decisions regarding education for the student.

c. "Personal electronic communication device" means a portable electronic device

capable of communication by voice, text, or other data with one or more other

parties or devices, or capable of connection to a smartphone, the internet, or a

cellular or wireless fidelity network, including a smartphone, cell phone, bluetooth-

enabled device, tablet, smartwatch or other wearable device, and gaming device.

The term does not include:

(1) School-owned devices provided to a student and school-approved devices

used by a student in accordance with this section.

(2) Portable devices that meet the definition of a medical device under the

federal Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.].

d. "School" means a public school providing prekindergarten, elementary, or

secondary education, including area career and technology centers. The term

does not include virtual schools, virtual instruction, the North Dakota center for

distance education, or education occurring in a homeschool environment.

e. "School-related activity" means a school sanctioned activity, event, or function,

occurring outside of instructional time, at which students are under supervision of

the school, whether on or off school premises, including a bus ride, field trip,

sporting event, and school dance.

f. "Student" means an individual currently enrolled or registered at a school as

defined under subdivision d of this section.

2. Each school district or applicable governing body shall adopt and implement a policy

for schools which:

a. Requires all personal electronic communication devices be silenced or turned off,

securely stowed away, and inaccessible to students during instructional time;

b. Provides schools may limit or allow student access to personal electronic

communication devices outside of instructional time, during a school-related

activity;

c. Includes enforcement provisions to ensure strict compliance with the policy by

students and school employees; and

d. Provides a student may contact the student's parent or authorized caregiver

during the schoolday if needed by using a school telephone made available to the

student in a manner and location designated by the school.

3. Notwithstanding subsection 2, a school may not prohibit a student from possessing or

using a personal electronic communication device, if:

a. A medical provider licensed under title 43 determines the possession or use of a

personal electronic communication device is necessary for the health or well-

being of the student; or

b. The possession or use of a personal electronic communication device is required

by the student's individual education program under:

(1) The Individuals with Disabilities Education Act [ 20 U.S.C. 1400 ];

(2) Section 504 of the federal Rehabilitation Act of 1973 [29 U.S.C. 794]; or

(3) A plan developed in accordance with state or federal law requiring

accommodation.

4. A school district shall collect data annually with the goal of measuring the impact of its

policy on student behavior, mental health, disciplinary incidents, school attendance,

and academic performance.

5. Upon the adoption and implementation of a policy in accordance with this section, a

school district shall:

a. Ensure the policy is communicated to students, parents, and authorized

caregivers; and

b. Publish the policy in student and personnel handbooks.
N.D. Cent. Code § 15.1-07-18 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-18
15.1-07-18. Offer of reward - Purchase of school supplies - Penalty
Status: in_force

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.
N.D. Cent. Code § 15.1-09-56 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-56
15.1-09-56. Student financial institution
Status: in_force

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.
N.D. Cent. Code § 15.1-09-14 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-14
15.1-09-14. School district election - Vote tally
Status: in_force

15.1-09-14. School district election - Vote tally

Upon the closing of the polls, the judges shall count and canvass the votes for each office.

At the conclusion of the canvass of votes on election night, the judges and clerks of the election

shall sign the returns and file them with the business manager of the school district. 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.
N.D. Cent. Code § 15.1-32-21.1 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-21.1
15.1-32-21.1. Postsecondary transitional grant program - Students
Status: in_force

15.1-32-21.1. Postsecondary transitional grant program - Students

The superintendent of public instruction shall provide integrated formula payments to

postsecondary transitional programs for eligible students enrolled in a postsecondary

transitional program within the state at the rate provided under section 15.1-27-04.1. For

purposes of this section, "eligible student" means a student with a documented intellectual or

developmental disability who is at least eighteen years of age but has not reached the age of

twenty-two, who has graduated from a public high school in the state or obtained an equivalent

degree, and who enrolls in a postsecondary transitional program. By June thirtieth of each year,

postsecondary transitional programs shall submit to the superintendent of public instruction for

the reimbursement of eligible students enrolled in the program. Grant payments under this

section may not exceed the per student rate under section 15.1-27-04.1. The superintendent of

public instruction shall review and approve postsecondary transitional programs and develop a

system for the distribution of payments necessary to implement this section.
N.D. Cent. Code § 15.1-06-08 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-08
15.1-06-08. Rules for school accreditation - Waiver
Status: in_force

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

1. 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:

a. Encourages innovation; and

b. Has the potential to result in improved educational opportunities or enhanced

academic opportunities for the students.

2. 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.

3. 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.

4. 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.
N.D. Cent. Code § 15.1-21-27 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-27
15.1-21-27. High school graduation requirement - Civics test
Status: in_force

15.1-21-27. High school graduation requirement - Civics test

1. For purposes of this section, "civics test" means the one hundred questions that, as of

January 1, 2015, officers of the United States citizenship and immigration services use

as the basis for selecting the questions posed to applicants for naturalization, in order

that the applicants can demonstrate a knowledge and understanding of the

fundamentals of United States history and the principles and form of United States

government, as required by 8 U.S.C. 1423.

2. a. If a student is enrolled in the twelfth grade during the 2016-17 school year, that

student must, as a condition of receiving a high school diploma, correctly answer

at least sixty percent of the questions on the civics test.

b. Before any other student may be awarded a high school diploma, that student

must correctly answer at least seventy percent of the questions on the civics test.

3. a. The requirement set forth in this section applies to each student who is:

(1) Enrolled in a public school district;

(2) Enrolled in a nonpublic school;

(3) Enrolled in the center for distance education;

(4) Receiving home education if the student is to be issued a high school

diploma in accordance with subsection 1 of section 15.1-23-17; or

(5) Pursuing a general equivalency diploma.

b. A student may be exempted from the requirement of this section by the provisions

of the student's individualized education program plan.

4. The superintendent of public instruction shall, upon request, provide to the person

administering the civics test the correct answer or acceptable answers to each

question.

5. A student may take the test, in whole or in part, at any time after enrolling in grade

seven and may repeat the test, or any portion thereof, as often as necessary to

demonstrate proficiency.

6. Neither the superintendent of public instruction nor a school district may impose or

collect any fees or charges in connection with this section.

7. This section is applicable to any student who graduates from high school during or

after the 2016-17 school year.
N.D. Cent. Code § 15.1-29-09 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-09
15.1-29-09. Payment of tuition by federal government
Status: in_force

15.1-29-09. Payment of tuition by federal government

An admitting district may accept payments under title 1 of Public Law No. 81-874 [64 Stat.

1100; 20 U.S.C. 236 et seq.] as tuition for a nonresident student if:

1. The student's parent is employed on an installation owned by the federal government;

2. The student's parent resides on an installation owned by the federal government; and

3. The boards of the student's school district of residence and the admitting district agree

to accept the payments in lieu of other tuition for the nonresident student.
N.D. Cent. Code § 15.1-23-11 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-11
15.1-23-11. Home education - Standardized achievement test - Results
Status: in_force

15.1-23-11. Home education - Standardized achievement test - Results

1. A parent supervising home education shall file the results of the child's standardized

achievement test with the superintendent of the district in which the child resides or

with the county superintendent if the district does not employ a superintendent.

2. If the child's basic composite score on a standardized achievement test is less than

the thirtieth percentile nationally, a multidisciplinary assessment team shall assess the

child for a potential learning problem under rules adopted by the superintendent of

public instruction.

3. If the multidisciplinary assessment team determines that the child is not disabled and

the child's parent wishes to continue home education, the parent, with the advice and

consent of 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,

shall prepare a remediation plan to address the child's academic deficiencies and file

the plan with the superintendent of the school district or with the county superintendent

if the district does not employ a superintendent. The parent is responsible for any costs

associated with the development of the remediation plan. If the parent fails to file a

remediation plan, the parent is deemed to be in violation of compulsory school

attendance provisions and may no longer supervise the home education of the child.
N.D. Cent. Code § 15.1-23-17 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-17
15.1-23-17. Home education - High school diplomas
Status: in_force

15.1-23-17. Home education - High school diplomas

1. A child's school district of residence, an approved nonpublic high school, or the center

for distance education may issue a high school diploma to a child who, through home

education, has met the issuing entity's requirements for high school graduation

provided the child's parent submits to the issuing entity a description of the course

material covered in each high school subject, a description of the course objectives

and how the objectives were met, and a transcript of the child's performance in grades

nine through twelve.

2. In the alternative, a high school diploma may be issued by the child's school district of

residence, an approved nonpublic high school, or the center for distance education

provided the child, through home education, has completed at least twenty-two units of

high school coursework from the minimum required curriculum offerings established by

law for public and nonpublic schools and the child's parent or legal guardian submits to

the issuing entity a description of the course material covered in each high school

subject, a description of the course objectives and how the objectives were met, and a

transcript of the child's performance in grades nine through twelve. The issuing entity

may indicate on a diploma issued under this subsection that the child was provided

with home education.

3. If for any reason the documentation required in subsection 1 or 2 is unavailable, the

entity issuing the diploma may accept any other reasonable proof that the child has

met the applicable requirements for high school graduation.
N.D. Cent. Code § 15.1-12-03 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-03
15.1-12-03. Annexation of property to school district - Eligibility
Status: in_force

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

Real property may be annexed to a school district provided:

1. The property to be annexed constitutes a single area that is contiguous to the school

district;

2. The property to be annexed does not constitute an entire school district;

3. The annexation petition is signed by two-thirds of the qualified electors residing on the

property to be annexed;

4. The annexation petition is filed with the county superintendent of schools whose

jurisdiction includes the administrative headquarters of the district;

5. A public hearing is held by the county committee or the county committees, as

required in section 15.1-12-05; and

6. The annexation petition is approved by the state board.
N.D. Cent. Code § 15.1-07-20 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-20
15.1-07-20. School vehicle driver - Requirements
Status: in_force

15.1-07-20. School vehicle driver - Requirements

1. a. 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.

b. 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.

2. a. 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.

b. 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.
N.D. Cent. Code § 15.1-37-07 — ND Code / Title 15.1 / Chapter 15.1-37 / Section 15.1-37-07
15.1-37-07. Acceptance of children into program - Requirements - Limitations
Status: repealed

15.1-37-07. Acceptance of children into program - Requirements - Limitations

Repealed by S.L. 2021, ch. 358, § 11.
N.D. Cent. Code § 15.1-02-06 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-06
15.1-02-06. Preservation of property
Status: in_force

15.1-02-06. Preservation of property

The superintendent of public instruction shall provide for the preservation of all property that

the superintendent acquires in an official capacity and which has educational interest and value

or which records official acts by the superintendent. At the conclusion of the superintendent's

term of office, the superintendent shall deliver the property to the superintendent's successor.
N.D. Cent. Code § 15.1-09-39 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-39
15.1-09-39. Districts in bordering states - Contract
Status: in_force

15.1-09-39. Districts in bordering states - Contract

1. Notwithstanding any other provision of law, the board of a school district in this state

may contract with the board of a school district in another state for the joint operation

and maintenance of school facilities and for joint activities, if the districts are

contiguous. To be valid, the contract must be approved by the superintendent of public

instruction and by a majority of the qualified electors residing in the district.

2. In assessing the contract, the superintendent shall consider the district's enrollment, its

valuation, and its longevity.

3. If the superintendent approves the contract, the board shall submit the contract to the

electorate of the district, for approval, at an annual or a special election.

4. The board shall publish notice of the election in the official newspaper of the district at

least fourteen days before the election. The notice must include a statement regarding

the purpose of the election and the terms of the contract.

5. On the ballot, the board shall seek the voters' permission to execute the proposed

contract, as approved by the superintendent of public instruction.

6. If the voters approve the execution of the contract, the board may levy and collect

taxes, as permitted in accordance with chapter 57-15, to carry out the contract

pursuant to law.

7. If a district that is a party to a contract under this section dissolves, any district to

which the land of the dissolved district is attached shall assume the contractual

responsibilities.
N.D. Cent. Code § 15.1-33-04 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-04
15.1-33-04. Multidistrict special education unit - Board member appointments
Status: in_force

15.1-33-04. Multidistrict special education unit - Board member appointments

The organizational plan of each multidistrict special education unit must provide for the

manner in which board members are appointed.
N.D. Cent. Code § 15.1-32-04 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-04
15.1-32-04. Institutions not supervised by public school authorities - Rules
Status: in_force

15.1-32-04. Institutions not supervised by public school authorities - Rules

The superintendent of public instruction shall adopt rules governing special education

programs in institutions that are supported in whole or in part by the state, but which are not

supervised by public school authorities. The rules must be similar to those established for the

delivery of special education in a public school.
N.D. Cent. Code § 15.1-35-01 — ND Code / Title 15.1 / Chapter 15.1-35 / Section 15.1-35-01
15.1-35-01. Definitions
Status: in_force

15.1-35-01. Definitions

In this chapter unless the context otherwise requires:

1. "Child nutrition program" means any program that provides federal assistance for the

provision of nutritious meals to children.

2. "Food distribution program" means any program that provides federally donated

agricultural commodities, products, and other foods, or cash payments in lieu of foods,

to eligible participants.

3. "School" means a public school or a not-for-profit nonpublic school.
N.D. Cent. Code § 15.1-35-08 — ND Code / Title 15.1 / Chapter 15.1-35 / Section 15.1-35-08
15.1-35-08. Contract - Preparation and provision of meals
Status: in_force

15.1-35-08. Contract - Preparation and provision of meals

1. The board of a school district may prepare and provide meals, snacks, or other food

services for any events or programs occurring on or off school property, provided the

events or programs:

a. Are hosted by or under the auspices of the school district; or

b. Involve child care centers participating in the Child and Adult Care Food Program

Act [Pub. L. 108-265; 118 Stat. 729; 42 U.S.C. 1766 et seq.].

2. a. The board of a school district may enter into a contract to prepare and provide

meals, snacks, or other food services for persons or programs other than those in

subsection 1, provided any person that wishes to enter a contract with the board

under this subdivision first demonstrates to the satisfaction of the board that there

are no private entities able and willing to enter into such a contract.

b. The board of a school district may not advertise to the general public its

willingness to provide meals, snacks, or other food services under this section.
N.D. Cent. Code § 15.1-02-16.1 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-16.1
15.1-02-16.1. Teacher qualifications - Accreditation rules - Directives
Status: in_force

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.
N.D. Cent. Code § 15.1-12-07.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-07.1
15.1-12-07.1. Voluntary transfer of property to school district - Hearing
Status: in_force

15.1-12-07.1. Voluntary transfer of property to school district - Hearing

1. The boards of two school districts may initiate a voluntary transfer of property between

the districts if each board:

a. Votes to pursue the transfer;

b. Votes to approve the proposed adjustment of the district boundaries; and

c. Files with the county superintendent a document evidencing compliance with this

subsection.

2. Upon receiving the requisite document from the board of each school district, the

county superintendent shall:

a. Forward a copy of the document to the county committee;

b. Schedule a public hearing regarding the proposed transfer of property to be held

within sixty days after the date of filing; and

c. Give notice of the public hearing regarding the proposed transfer of property to

the affected property owners by registered mail and 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.

3. At the public hearing, the county committee shall consider:

a. The value and amount of property held by each school district affected by the

proposed transfer of property;

b. The amount of all outstanding bonded and indebtedness of each affected school

district;

c. The taxable valuation of each affected school district and the taxable valuation

under the proposed transfer of property;

d. The size and boundaries of each affected school district before and after the

proposed transfer of property;

e. The number of students enrolled in each affected school district before and after

the proposed transfer of property; and

f. Any other relevant factors.

4. Following the public hearing, the county committee shall approve or deny the property

transfer. If the property transfer 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 property transfer. If the property transfer is denied, the boards jointly may appeal

the decision to the state board.

5. The state board shall conduct a hearing, consider testimony and documentary

evidence regarding the proposed property transfer, make specific findings, and

approve or deny the property transfer. If no opposition is presented at the hearing held

by the county committee and the committee approves the property transfer, the state

board may review the record of the county committee and give final approval to the

property transfer without holding a hearing.

6. If a proposed property transfer includes property in more than one county, the county

committee of the county in which the major portion of property to be transferred is

located has jurisdiction over the public hearing.

7. Any property transfer approved by the county committee and the state board becomes

effective on July first following the approval.
N.D. Cent. Code § 15.1-23-03 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-03
15.1-23-03. Home education - Parental qualifications
Status: in_force

15.1-23-03. Home education - Parental qualifications

A parent may supervise home education if the parent:

1. Holds a high school diploma or a general educational development diploma; or

2. Meets the requirements of section 15.1-23-06.
N.D. Cent. Code § 15.1-34-05 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-05
15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner or operator
Status: in_force

15.1-34-05. Boarding home - Conditions - Inspection - Investigation of owner or

operator.

At any time, the department or its authorized agents may inspect the conditions of a family

boarding home and investigate the qualifications of the owner or operator.
N.D. Cent. Code § 15.1-32-26 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-26
15.1-32-26. Dyslexia screening and intervention - Report to legislative management - Professional development
Status: in_force

15.1-32-26. Dyslexia screening and intervention - Report to legislative management -

Professional development.

1. For purposes of this section, "dyslexia" means a specific learning disability that is

neurobiological in origin and characterized by difficulties with accurate or fluent

recognition of words and poor spelling and decoding abilities, independent of the

individual's general intelligence level.

2. The superintendent of public instruction shall provide guidance and recommendations

regarding proven strategies in early screening and intervention services for children

with risk factors for dyslexia characteristics, including low phonemic awareness.

3. Each school district shall:

a. For enrolled children seven years of age and younger, provide a universal

screening for dyslexia including core components of phonemic awareness,

decoding, and spelling, which must be approved by the superintendent of public

instruction;

b. Include a process to further evaluate identified risk factors;

c. Describe the intervention services for the identified dyslexia risk factors;

d. Provide reading intervention services to students with dyslexia characteristics;

e. Administer assessments, approved by the superintendent of public instruction, to

determine the effectiveness of the intervention services in improving the reading

and learning skills of the child; and

f. Provide professional development on dyslexia characteristics and interventions

related to phonological and phonemic awareness, sound and symbol

relationships, alphabet knowledge, rapid naming skills, and encoding and

decoding skills, to appropriate kindergarten through grade three personnel of the

school district and special education unit. Professional development may meet

the requirements for continuing education credits for license renewal.

4. A school district or special education unit shall provide a universal screener under

subdivision a of subsection 3 upon request by a parent, legal guardian, or teacher.

5. Before July 1, 2024, the superintendent of public instruction shall provide a report to

the legislative management regarding dyslexia screening and intervention under this

section.
N.D. Cent. Code § 15.1-19-28 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-28
15.1-19-28. Dress code - Inclusion of traditional tribal regalia and objects of cultural significance
Status: in_force

15.1-19-28. Dress code - Inclusion of traditional tribal regalia and objects of cultural

significance.

The board of a school district or a school may not establish a dress code policy that

includes prohibiting a student from wearing traditional tribal regalia or objects of cultural

significance at a graduation ceremony. For purposes of this section "tribal regalia" or "object of

cultural significance" means an eagle feather or eagle plume.
N.D. Cent. Code § 15.1-19-09 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-09
15.1-19-09. Students - Suspension and expulsion - Rules
Status: in_force

15.1-19-09. Students - Suspension and expulsion - Rules

1. 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 under 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.

2. A school district may suspend a student for up to ten days for insubordination, habitual

indolence, disorderly conduct, or for violating a school district weapons policy.

3. A school district may suspend a student who is enrolled in an alternative education

program for which state per student payments are available for up to twenty days for

insubordination, habitual indolence, disorderly conduct, or for violating a school district

weapons policy.

4. A school district may expel a student, including one enrolled in an alternative

education program, for up to twelve months for insubordination, habitual indolence, or

disorderly conduct. The school district shall consider the severity of the infraction, the

age of the student, and the disciplinary history of the student to determine the duration

of the expulsion. If the student satisfies the conditions for reinstatement established by

the school district, if any, the school district may review and reduce the duration of the

expulsion. A student who violates the school district's weapons policy may be expelled

under section 15.1-19-10.
N.D. Cent. Code § 15.1-09-32 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-32
15.1-09-32. School board members - Attendance at workshop
Status: in_force

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.
N.D. Cent. Code § 15.1-09.1-10 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-10
15.1-09.1-10. State aid - Payable to a regional education association - Obligation of district
Status: in_force

15.1-09.1-10. State aid - Payable to a regional education association - Obligation of

district.

The superintendent of public instruction shall forward the portion of a school district's

state aid which is payable by the superintendent under subdivision l of subsection 1 of section

15.1-27-03.1 as a result of the district's participation in a regional education association directly

to the association in which the district participates. The superintendent shall forward the amount

payable under this section at the same time and in the same manner as provided for other state

aid payments under section 15.1-27-01, unless otherwise directed in accordance with section

15.1-09.1-12.
N.D. Cent. Code § 15.1-23-16 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-16
15.1-23-16. Home education - Participation in extracurricular activities
Status: in_force

15.1-23-16. Home education - Participation in extracurricular activities

1. A child receiving home education may participate in extracurricular activities either:

a. Under the auspices of the child's school district of residence; or

b. Under the auspices of an approved nonpublic school, if permitted by the

administrator of the school.

2. For purposes of this section, a child participating under the auspices of the child's

school district of residence is subject to the same standards for participation in

extracurricular activities as those required of full-time students enrolled in the district.

3. For purposes of this section, a child participating under the auspices of an approved

nonpublic school is subject to the same standards for participation in extracurricular

activities as those required of full-time students enrolled in the school.

4. Once a child's parent has selected the public school district or the approved nonpublic

school in which the child will participate for purposes of extracurricular activities and

has provided notification of the selection through the statement required by section

15.1-23-02, the child is subject to the transfer rules as provided in the constitution and

bylaws of the North Dakota high school activities association.
N.D. Cent. Code § 15.1-27-35.2 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-35.2
15.1-27-35.2. Average daily membership - Dissolved school districts
Status: in_force

15.1-27-35.2. Average daily membership - Dissolved school districts

For purposes of determining state aid, the superintendent of public instruction shall amend

the average daily membership of any school district that enrolls students who attended a

dissolved school district during the school year prior to the dissolution.
N.D. Cent. Code § 15.1-09-22 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-22
15.1-09-22. School boards - Annual elections - Poll books
Status: in_force

15.1-09-22. School boards - Annual elections - Poll books

1. The board of a school district shall hold an election each year between April first and

June thirtieth to fill all vacancies, including those caused by the expiration of terms of

office.

2. Upon resolution of the school board, the annual election may be held in conjunction

with the regular election of a city, as required by state law or by the home rule powers

of the city, provided the city is located wholly or partially within the school district. The

school board may agree with the governing body of the city to share election costs and

responsibilities, including those associated with election personnel, the printing of

election materials, the publishing of legal notices, and the use of poll books.

3. If a school board holds its election in conjunction with a city, references in this chapter

to the date of a school board election mean the date of the applicable city election.

4. If a school board holds its election in conjunction with a city and only one set of poll

books is used, the set must reference the voter's eligibility to vote in the city election, in

the school district election, or both.
N.D. Cent. Code § 15.1-19-08 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-08
15.1-19-08. Homeless child - Education
Status: in_force

15.1-19-08. Homeless child - Education

1. 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.].

2. A school district shall allow a nonresident homeless child to attend school.

3. 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.

4. 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.
N.D. Cent. Code § 15.1-06-07 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-07
15.1-06-07. Nonpublic high schools - Approval criteria
Status: in_force

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:

1. The school meets all statutory requirements regarding the subjects to be taught, the

length of the school year, and health, fire, and safety standards;

2. 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;

3. The school employs at least one state-licensed high school teacher to serve in a

supervisory capacity for each twenty-five students;

4. 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

5. The school and its employees are governed by a board of directors that includes

parental representation.
N.D. Cent. Code § 15.1-09.1-07 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-07
15.1-09.1-07. Joint operating fund - Accounting functions
Status: in_force

15.1-09.1-07. Joint operating fund - Accounting functions

The board of a regional education association may contract with any person, including a

school district, for the maintenance of the association's joint operating fund and for the

performance of any business or accounting functions required by law or necessary for the

association's operation.
N.D. Cent. Code § 15.1-14-15 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-15
15.1-14-15. Multidistrict special education unit - Director - Discharge for cause - Notice of hearing - Legal expenses
Status: in_force

15.1-14-15. Multidistrict special education unit - Director - Discharge for cause -

Notice of hearing - Legal expenses.

1. 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:

a. Provide the director with a written description of the reasons for the discharge;

and

b. Provide the director with written notice specifying the date and time at which the

board will conduct a hearing regarding the discharge.

2. If the director chooses to be accompanied by an attorney, the legal expenses

attributable to that representation are the responsibility of the director.
N.D. Cent. Code § 15.1-04.1-03 — ND Code / Title 15.1 / Chapter 15.1-04.1 / Section 15.1-04.1-03
15.1-04.1-03. Compact commissioner - Appointment - Duties
Status: in_force

15.1-04.1-03. Compact commissioner - Appointment - Duties

The governor shall appoint a compact commissioner who shall be responsible for the

administration and management of the state's participation in the compact on educational

opportunity for military children.
N.D. Cent. Code § 15.1-23-07 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-07
15.1-23-07. Home education - Required monitoring of progress - Reporting of progress - Compensation
Status: in_force

15.1-23-07. Home education - Required monitoring of progress - Reporting of

progress - Compensation.

1. If monitoring is required under section 15.1-23-06, the school district shall assign and

compensate an individual to monitor a child receiving home education unless the

parent notifies the school district that the parent shall select and compensate an

individual to monitor the child.

2. The individual assigned by the school district or selected by the parent under

subsection 1 must be licensed to teach by the education standards and practices

board or approved to teach by the education standards and practices board.

3. Twice during each school year, the individual shall report the child's progress to the

school district superintendent or to the county superintendent if the district does not

employ a superintendent.

4. If one child receives home education, the individual shall spend an average of one

hour per week in contact with the child and the child's parent. If two or more children

receive home education, the individual shall spend one-half hour per month for each

additional child receiving home education. If the child attends a public or an approved

nonpublic school, the time may be proportionately reduced.
N.D. Cent. Code § 15.1-02-08 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-08
15.1-02-08. Accounting and reporting system - Uniformity
Status: in_force

15.1-02-08. Accounting and reporting system - Uniformity

The superintendent of public instruction shall implement a uniform system for the

accounting, budgeting, and reporting of data for all school districts in the state and for all

regional education associations governed by chapter 15.1-09.1. The superintendent of public

instruction shall designate the software standards to be used by the school districts and by the

regional education associations in their accounting, budgeting, and reporting functions.
N.D. Cent. Code § 15.1-18.2-03.2 — ND Code / Title 15.1 / Chapter 15.1-18.2 / Section 15.1-18.2-03.2
15.1-18.2-03.2. Professional development - Discretionary
Status: in_force

15.1-18.2-03.2. Professional development - Discretionary

A school administrator shall recommend professional development content areas

appropriate for a public school or school district to the board of a school district. The board of a

school district may designate professional development for a school district. Professional

development may include content areas, including behavioral, physical, or mental health.

Professional development must include the professional development training required under

section 15.1-21-12.1.
N.D. Cent. Code § 15.1-28-01 — ND Code / Title 15.1 / Chapter 15.1-28 / Section 15.1-28-01
15.1-28-01. State tuition fund - Source
Status: in_force

15.1-28-01. State tuition fund - Source

The net proceeds of fines for the violation of state laws and distributions received from the

common schools trust fund must be paid into the state treasury and constitute the state tuition

fund.
N.D. Cent. Code § 15.1-21-02.4 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-02.4
15.1-21-02.4. North Dakota career and technical education scholarship
Status: repealed

15.1-21-02.4. North Dakota career and technical education scholarship

Repealed by S.L. 2021, ch. 159, § 10.
N.D. Cent. Code § 15.1-30-04 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-04
15.1-30-04. Provision of meals and lodging for high school students - Payment permitted
Status: in_force

15.1-30-04. Provision of meals and lodging for high school students - Payment

permitted.

Instead of providing transportation so that an eligible high school student residing in the

district can attend school in another district, a school board may pay a reasonable allowance to

the student's parent for costs incurred in the provision of meals and lodging for the student at a

location other than the student's residence.
N.D. Cent. Code § 15.1-02-11 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-11
15.1-02-11. Superintendent of public instruction - Accreditation of schools - Rules
Status: in_force

15.1-02-11. Superintendent of public instruction - Accreditation of schools - Rules

1. The superintendent of public instruction:

a. May adopt rules governing the accreditation of public and nonpublic schools. Any

rule adopted under this section must incorporate measures of student

achievement and bear a direct relationship to improving student achievement.

b. May provide schools with a choice of accreditation options, including:

(1) Accreditation through a state-defined accreditation process established by

the superintendent of public instruction; or

(2) Accreditation through a nationally recognized accrediting organization, a

formal school improvement organization, or a continuous improvement

organization approved by the superintendent of public instruction.

c. May establish a process to select the accreditation options for schools and a

process for schools to select an accreditation option. Development of the process

may include input and participation from a steering committee, including

representatives of education stakeholder groups, school administrators,

secondary and elementary school principals, and school board members.

d. Periodically shall review and evaluate the effectiveness of each accreditation

option in improving student achievement and school performance.

2. Each accreditation option must:

a. Meet or exceed the state standards to ensure consistency in the quality of

education.

b. Provide measurable outcomes for student achievement, aligning with the state

goals.

3. A school may select the accreditation option best aligning to the instructional goals and

operational needs of the school, subject to approval by the superintendent of public

instruction.

4. The superintendent of public instruction shall contract with an accreditation

organization or vendor to create state-provided accreditation to offer to each public

school district at no charge.

5. If a district chooses to use an accreditation process from the state-approved list, the

district is responsible for any accreditation-related costs.
N.D. Cent. Code § 15.1-40-02 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-02
15.1-40-02. Public charter schools - Authority - Governance - Requirements
Status: in_force

15.1-40-02. Public charter schools - Authority - Governance - Requirements

A public charter school formed under this chapter:

1. Is a public school within the state's public education system.

2. May decide matters related to budgeting, curriculum, and operating procedures,

subject to the school's charter performance agreement.

3. Shall obtain insurance against loss or damage to its property, liability resulting from the

use of its property, and liability from the acts or omissions of its officers and

employees.

4. Is under the control of a governing board, the members of which are elected or

selected pursuant to the school's charter performance agreement.

5. Is established by a charter performance agreement between the governing board and

the superintendent of public instruction.

6. Is a school to which a parent or guardian may choose to send the parent or guardian's

child.

7. Provides a program of education that:

a. Meets or exceeds state performance standards, instructional hours, and

graduation requirements.

b. Includes one or more grade levels from kindergarten through grade twelve.

c. May focus on at-risk students, including English language learners, students in

foster care, and students involved with the juvenile justice system.

d. May include a specific academic approach or theme.

8. May receive and disburse funds for school purposes.

9. May enter an agreement or cooperate with a public or nonpublic entity for services for

students with special needs, English language learners, and other specialized

populations or administrative services.

10. May sue and be sued in its name.

11. May not engage in religious practices in its educational program, admissions,

employment policies, or operations.

12. May not charge tuition or fees for any services provided for students, except fees for

field trips, clubs, organizations, and athletic participation.

13. Must be an in-person school. A public charter school may not provide online, virtual, or

home education as the primary method of educational programming.

14. Is responsible for collecting, analyzing, and reporting student data from state

assessments administered by the superintendent of public instruction under section

15.1-21-08 in accordance with the performance framework in the approved charter

performance agreement.

15. Is subject to the public school approval requirements under section 15.1-06-06.
N.D. Cent. Code § 15.1-19-13 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-13
15.1-19-13. Alcohol or controlled substance - Use or possession by student - Notification of principal - Exception
Status: in_force

15.1-19-13. Alcohol or controlled substance - Use or possession by student -

Notification of principal - Exception.

If a teacher knows or has reason to believe that a student is using, is in possession of, or is

delivering alcohol or a controlled substance while the student is on school property, involved in a

school-related activity, or in attendance at a school-sponsored event, the teacher shall notify the

student's principal. The notification requirement in this section does not apply to a teacher or

administrator who participates in a juvenile treatment court program and receives confidential

information regarding a student as a result of participation in the program. This section does not

prevent a teacher or any other school employee from reporting to a law enforcement agency

any violation of law occurring on school property, at a school-related activity, or at a

school-sponsored event.
N.D. Cent. Code § 15.1-27-07.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-07.1
15.1-27-07.1. Kindergarten payments - Determination
Status: repealed

15.1-27-07.1. Kindergarten payments - Determination

Repealed by S.L. 2013, ch. 13, § 64.
N.D. Cent. Code § 15.1-22-02 — ND Code / Title 15.1 / Chapter 15.1-22 / Section 15.1-22-02
15.1-22-02. Public kindergarten - Requirements
Status: in_force

15.1-22-02. Public kindergarten - Requirements

A school district operating a kindergarten:

1. May not employ an individual as a kindergarten teacher unless the individual is

licensed to teach by the education standards and practices board or approved by the

education standards and practices board;

2. Shall submit to the superintendent of public instruction and follow a developmentally

appropriate curriculum;

3. Shall provide kindergarten instruction, on a half-day or full-day basis, as determined by

the school board;

4. Shall provide for a kindergarten instructional calendar equal to at least fifty percent of

the full-time instructional days required in accordance with section 15.1-06-04;

5. Shall apply all municipal and state health, fire, and safety requirements to the

kindergarten; and

6. May not enroll a child who is not five years old before August first of the year of

enrollment, unless the child will be five years old before December first and:

a. The child, by means of developmental and readiness screening instruments

approved by the superintendent of public instruction and administered by the

kindergarten operator, can demonstrate superior academic talents or abilities and

social and emotional readiness; or

b. The child has been enrolled in another approved kindergarten.