N.D. Cent. Code § 15.1-02-14 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-14
15.1-02-14. Duplicative payments - Transfer - Distribution
Status: in_force

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

If the superintendent of public instruction receives any federal or other moneys to pay

programmatic administrative expenses for which the superintendent received a state general

fund appropriation, the superintendent shall transfer the moneys to the state tuition fund. This

section does not apply if the superintendent is required by federal law or by the terms of a grant

to employ additional personnel.
N.D. Cent. Code § 15.1-21-03 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-03
15.1-21-03. High school unit - Instructional time
Status: in_force

15.1-21-03. High school unit - Instructional time

1. Except as provided in subsection 2, each unit must consist of at least one hundred

twenty hours of student engagement per school calendar.

2. The following units must consist of at least one hundred fifty hours of student

engagement per school calendar: natural sciences, agriculture, business and office

technology, marketing, diversified occupations, trade and industrial education,

technology education, and health careers.

3. The hour requirements of this section are subject to reductions resulting from the

holidays and nonstudent contact days provided for in section 15.1-06-04.

4. This section does not apply to schools or school districts having block schedules

approved by the superintendent of public instruction.

5. This section does not apply to units attained from a district-approved mastery

framework under section 15.1-21-03.
N.D. Cent. Code § 15.1-27-15.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-15.1
15.1-27-15.1. Isolated school districts - Transition payments
Status: in_force

15.1-27-15.1. Isolated school districts - Transition payments

If during the 2010-11 school year, a school district received payments as a result of section

15.1-27-15, as the section existed on June 30, 2011, and if that district is not eligible for the

factor established under subdivision h of subsection 1 of section 15.1-27-03.1, the district is

entitled to the following transition payments:

1. For the 2013-14 school year, an amount equal to that which the district would have

received under section 15.1-27-15, as the section existed on June 30, 2011;

2. For the 2014-15 school year, an amount equal to seventy-five percent of that which the

district would have received under section 15.1-27-15, as the section existed on

June 30, 2011;

3. For the 2015-16 school year, an amount equal to fifty percent of that which the district

would have received under section 15.1-27-15, as the section existed on June 30,

2011; and

4. For the 2016-17 school year, an amount equal to twenty-five percent of that which the

district would have received under section 15.1-27-15, as the section existed on

June 30, 2011.
N.D. Cent. Code § 15.1-25-01 — ND Code / Title 15.1 / Chapter 15.1-25 / Section 15.1-25-01
15.1-25-01. Postsecondary enrollment options program
Status: in_force

15.1-25-01. Postsecondary enrollment options program

Any North Dakota student enrolled in grade ten, eleven, or twelve in a public high school is

eligible to receive high school and postsecondary credit for the successful completion of an

academic course offered by any postsecondary institution accredited by a regional accrediting

organization or a career and technical education course offered by a postsecondary institution in

a program accredited by a national or regional accrediting organization recognized by the

United States department of education.
N.D. Cent. Code § 15.1-06-12 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-12
15.1-06-12. Emergency and disaster drills - Implementation
Status: in_force

15.1-06-12. Emergency and disaster drills - Implementation

Each public and nonpublic school shall conduct fire, tornado, and other emergency or

disaster drills, including lockdown drills.
N.D. Cent. Code § 15.1-16-09 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-09
15.1-16-09. Scope of representation
Status: in_force

15.1-16-09. Scope of representation

A representative organization's scope of representation may include matters relating to the

terms and conditions of employment and employer-employee relations, including salary and

working hours.
N.D. Cent. Code § 15.1-27-31.2 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-31.2
15.1-27-31.2. Transportation average daily membership equivalents converted to weighted student unit equivalents - Determination (Effective through June 30, 2027)
Status: in_force

15.1-27-31.2. Transportation average daily membership equivalents converted to

weighted student unit equivalents - Determination. (Effective after June 30, 2027)

1. The superintendent of public instruction shall determine transportation average daily

membership equivalents for eligible school districts providing schoolbus transportation

in contract schoolbuses, or in district-owned and operated schoolbuses, and for

eligible school districts with students riding commercial buses to and from a school

within the incorporated limits of a city. Transportation average daily membership

equivalents must be determined as follows:

a. 0.0011 multiplied by the number of eligible large bus miles;

b. 0.00052 multiplied by the number of eligible small bus miles;

c. 0.01 multiplied by the number of eligible large bus runs;

d. 0.00468 multiplied by the number of eligible small bus runs;

e. 0.012 multiplied by the number of square miles in the school district;

f. 2.0 multiplied by the number of educational school plants within the school district

boundary; and

g. 0.00025 multiplied by the number of eligible miles transported by a student's

family and reimbursed by the school district.

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

transportation average daily membership equivalent by adding the products derived

under subsection 1 and then multiplying the total transportation average daily

membership equivalent by 0.091 to determine the school district's weighted student

unit equivalent.

3. Subject to legislative appropriation, the superintendent of public instruction shall pay

each school district providing schoolbus transportation in contract schoolbuses, or in

district-owned and operated schoolbuses, an amount equal to the school district's

weighted student unit equivalent multiplied by the per student payment rate for the

applicable school year in subsection 3 of section 15.1-27-04.1.

4. To be eligible, school districts must certify compliance with state law relating to

schoolbus standards and school vehicle driver requirements. The superintendent of

public instruction may adopt rules governing certification of compliance under this

subsection.

5. Each year, the superintendent of public instruction shall determine the school district's

transportation average daily membership equivalent based on the latest available

miles and runs. Eligible miles and runs include miles and runs transporting eligible

students to and from:

a. School, including miles students are transported by family transportation in

accordance with section 15.1-30-02;

b. Special education programs approved by the superintendent of public instruction,

regardless of whether the students transported live within the incorporated limits

of the city in which the students' school is located, including miles students are

transported by family transportation pursuant to subsection 6; and

c. Career and technology centers and career and technical education courses,

either within the district or in other school districts offered through cooperative

arrangements approved by the state board for career and technical education,

regardless of whether the students transported live within the incorporated limits

of the city in which the students' school is located.

6. To be eligible for special education miles, a student transported by a family member

must:

a. Be a student with a disability as defined in chapter 15.1-32;

b. Have an individualized education program that requires the student attend a

public or nonpublic school located outside the student's school district of

residence; and

c. Be transported by an adult family member in family provided transportation

reimbursed by the school district for no more than two round trips per day

between the home of the student and the school.

7. If a school district ceases to exist, the superintendent of public instruction shall adjust,

in the first year after closure, the transportation average daily membership equivalents

of each school district in the state which enrolls students who attended the former

school. The superintendent of public instruction shall determine the transportation

average daily membership equivalents the former school district would have been

entitled to for providing transportation services during the school district's final year of

operation and shall prorate those transportation average daily membership equivalents

to each enrolling school district based on the number of students enrolled from the

former school. Transportation average daily membership equivalents of the enrolling

school districts after the first year will be based on reported transportation average

daily membership equivalents.

8. This section does not apply to miles and runs:

a. Incurred in providing transportation for students to attend extracurricular activities

or events; or

b. Related to students who are participating in open enrollment, or who are enrolled

pursuant to a written contract entered by the sending and admitting districts which

waives the charge and collection of tuition for the student.

9. The superintendent of public instruction may adopt rules relating to information

reported by school districts and reporting deadlines.
N.D. Cent. Code § 15.1-18.2-01 — ND Code / Title 15.1 / Chapter 15.1-18.2 / Section 15.1-18.2-01
15.1-18.2-01. Professional development plan - Adoption - Review by school district
Status: repealed

15.1-18.2-01. Professional development plan - Adoption - Review by school district

Repealed by S.L. 2011, ch. 147, § 43.
N.D. Cent. Code § 15.1-21-12.1 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-12.1
15.1-21-12.1. Reading curriculum - Content - Professional development - Reports to legislative management
Status: in_force

15.1-21-12.1. Reading curriculum - Content - Professional development - Reports to

legislative management.

1. Beginning July 1, 2022, each school district and nonpublic school shall ensure the

portion of its curriculum which is related to reading:

a. Is scientifically based, evidence based, and research based;

b. Focuses on:

(1) Phonemic awareness;

(2) Phonics;

(3) Fluency;

(4) Vocabulary; and

(5) Comprehension; and

c. Uses systematic direct instruction for students in kindergarten through grade

three to ensure all students obtain necessary early reading skills.

2. Before the 2022-23 school year, each teacher who teaches kindergarten through

grade three at a school district or nonpublic school, and each principal of a public or

nonpublic school with kindergarten through grade three, shall attend teacher-

approved, professional development training that includes training in the topics

provided under subsection 1.

3. Each teacher or principal hired by a school district or nonpublic school that provides

instruction in kindergarten through grade three shall complete the training under

subsection 2, or demonstrate mastery of the topics provided under subsection 1, within

one year of the teacher's or principal's first year of placement in the grade level or at

the school.

4. To be approved by the superintendent of public instruction, each public and nonpublic

school shall certify to the superintendent of public instruction that the district or school:

a. Ensures the placement of highly effective teachers in kindergarten through grade

three;

b. Has integrated reading instruments used to diagnose reading development and

comprehension; and

c. Has integrated evidence-based resources to support reading development and

comprehension.

5. The superintendent of public instruction shall provide ongoing assistance to school

districts and nonpublic schools to be in and maintain compliance with this section.

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

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

section, including rules to monitor implementation and compliance with this section.

7. The superintendent of public instruction shall provide periodic reports to the legislative

management on the implementation and effectiveness of this section in improving

educational outcomes and reading competency of students.
N.D. Cent. Code § 15.1-09-60 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-60
15.1-09-60. School district safety plan - Establishment of school safety plan fund - Approval - Open records exemption
Status: in_force

15.1-09-60. School district safety plan - Establishment of school safety plan fund -

Approval - Open records exemption.

The board of a school district may develop a school safety plan, in consultation with the

qualified electors residing within the district, and establish and maintain a school safety plan

fund subject to the limitations in section 57-15-14.2. A school safety plan developed by the

board of a school district is exempt from the provisions of section 44-04-18 and section 6 of

article XI of the Constitution of North Dakota with respect to aspects of the plan addressing the

security of students.
N.D. Cent. Code § 15.1-17-01 — ND Code / Title 15.1 / Chapter 15.1-17 / Section 15.1-17-01
15.1-17-01. Personnel file - Review by teacher
Status: in_force

15.1-17-01. Personnel file - Review by teacher

A teacher employed by a school district or a state-supported institution that provides

elementary and secondary education to its students may review documents generated and

placed in the teacher's personnel file after the teacher was employed for the position. Upon

receiving a written request, the school principal, administrator, or school district superintendent

shall provide to a teacher a copy of any document in the teacher's personnel file. The teacher

shall pay any copying costs.
N.D. Cent. Code § 15.1-14-09 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-09
15.1-14-09. School district superintendent - Nonrenewal of contract - Reasons - Notice
Status: in_force

15.1-14-09. School district superintendent - Nonrenewal of contract - Reasons -

Notice.

1. If the board of a school district contemplates not renewing the contract of a

superintendent who has been employed by the board in that position for at least two

consecutive years, the board shall on or before April fifteenth:

a. Provide written notification of the contemplated nonrenewal to the superintendent.

b. Schedule a hearing to be held on or before April twenty-first for the purpose of

discussing and acting upon the contemplated nonrenewal.

c. Provide written notification of the date, time, and place for the hearing to the

superintendent.

d. Provide written notification of the reasons for the contemplated nonrenewal to the

superintendent.

2. a. The reasons for the contemplated nonrenewal of the superintendent's contract

must:

(1) Be sufficient to justify the contemplated nonrenewal;

(2) Relate to the ability, competence, or qualifications of the superintendent; and

(3) Originate from specific findings documented in the formal evaluation of the

superintendent's performance required by section 15.1-14-03.

b. The provisions of this section do not apply if the contemplated nonrenewal is

based on a necessary reduction in personnel.
N.D. Cent. Code § 15.1-04-01 — ND Code / Title 15.1 / Chapter 15.1-04 / Section 15.1-04-01
15.1-04-01. Compact for education
Status: in_force

15.1-04-01. Compact for education

The compact for education is hereby entered into and enacted into law with all jurisdictions

legally joining therein, in the form substantially as follows:

COMPACT FOR EDUCATION

Article I - Purpose and Policy

A. It is the purpose of this compact to:

1. Establish and maintain close cooperation and understanding among executive,

legislative, professional, educational, and lay leadership on a nationwide basis at

the state and local levels.

2. Provide a forum for the discussion, development, crystallization, and

recommendation of public policy alternatives in the field of education.

3. Provide a clearinghouse for information on matters relating to education problems

and how they are being met in different places throughout the nation, so that the

executive and legislative branches of state government and of local communities

may have ready access to the experience and record of the entire country, and so

that both lay and professional groups in the field of education may have additional

avenues for the sharing of experience and the interchange of ideas in the

formation of public policy in education.

4. Facilitate the improvement of state and local education systems so that all of

them will be able to meet adequate and desirable goals in a society that requires

continuous qualitative and quantitative advances in educational opportunities,

methods, and facilities.

B. It is the policy of this compact to encourage and promote local and state initiatives in

the development, maintenance, improvement, and administration of education

systems and institutions in a manner that will accord with the needs and advantages of

diversity among localities and states.

C. The party states recognize that each of them has an interest in the quality and quantity

of education furnished in each of the other states, as well as in the excellence of its

own education system and institutions, because of the highly mobile character of

individuals within the nation, and because the products and services contributing to the

health, welfare, and economic advancement of each state are supplied in significant

part by persons educated in other states.

Article II - State Defined

As used in this compact, "state" means a state, territory, or possession of the United States, the

District of Columbia, or the Commonwealth of Puerto Rico.

Article III - The Commission

A. The education commission of the states, hereinafter called "the commission", is

hereby established. The commission consists of seven members representing each

party state. One of the members must be the governor and two must be members of

the state legislative assembly selected by its respective houses. The governor shall

appoint the remaining four members, all of whom serve at the pleasure of the

governor. If the laws of a state prevent legislators from serving on the commission, the

governor shall appoint six members, all of whom shall serve at the pleasure of the

governor, unless the laws of the state otherwise provide. In addition to any other

principles or requirements that a state may establish for the appointment and service

of its members on the commission, the guiding principle for the composition of the

membership on the commission from each party state is that the members

representing the state must, by virtue of their training, experience, knowledge, or

affiliations, be in a position collectively to reflect broadly the interests of the state

government, higher education, the state education system, local education, and lay

and professional, as well as public and nonpublic educational leadership. Of those

appointees, one must be the head of a state agency or institution, designated by the

governor, having responsibility for one or more programs of public education. In

addition to the members of the commission representing the party states, there may

not be more than ten nonvoting commissioners selected by the steering committee for

terms of one year. The nonvoting commissioners shall represent leading national

organizations of professional educators or individuals concerned with educational

administration.

B. The members of the commission are entitled to one vote each on the commission. No

action of the commission is binding unless taken at a meeting at which a majority of

the total number of votes on the commission are cast in favor of the action. Action of

the commission may be only at a meeting at which a majority of the commissioners

are present. The commission shall meet at least once a year. In its bylaws, and subject

to any directions and limitations contained in the bylaws, the commission may

delegate the exercise of its powers to the steering committee or the executive director,

except for the power to approve budgets or requests for appropriations, the power to

make policy recommendations pursuant to Article IV, and the adoption of the annual

report pursuant to this article.

C. The commission shall have a seal.

D. The commission shall elect annually, from among its members, a chairman, who must

be a governor, a vice chairman, and a treasurer. The commission shall provide for the

appointment of an executive director. The executive director shall serve at the pleasure

of the commission and, together with the treasurer and other personnel deemed

appropriate by the commission, shall be bonded in an amount determined by the

commission. The executive director shall be secretary.

E. Notwithstanding the civil service, personnel, or other merit system laws of a party

state, the executive director, subject to the approval of the steering committee, shall

appoint, remove, or discharge personnel as necessary for the performance of the

functions of the commission, and shall fix the duties and compensation of the

personnel. The commission in its bylaws shall provide for the personnel policies and

programs of the commission.

F. The commission may borrow, accept, or contract for the services of personnel from

any party jurisdiction, the United States, or any subdivision or agency of the

aforementioned governments, or from any agency of two or more of the party

jurisdictions or their subdivisions.

G. The commission may accept for any of its purposes and functions under this compact

any and all donations, and grants of money, equipment, supplies, materials, and

services, conditional or otherwise, from any state, the United States, or any other

governmental agency, or from any person, firm, association, foundation, or

corporation, and may receive, utilize, and dispose of the same. Any donation or grant

accepted by the commission or services borrowed pursuant to this article must be

reported in the annual report of the commission. The report must include the nature,

amount, and conditions, if any, of the donation, grant, or services borrowed, and the

identity of the donor or lender.

H. The commission may establish and maintain facilities for transacting its business. The

commission may acquire, hold, and convey real and personal property and any

interest therein.

I. The commission shall adopt bylaws for the conduct of its business and shall have the

power to amend and rescind the bylaws. The commission shall publish its bylaws in

convenient form and shall file a copy of the bylaws and any amendment to the bylaws,

with the appropriate agency or officer in each of the party states.

J. The commission annually shall make to the governor and legislative assembly of each

party state a report covering the activities of the commission for the preceding year.

The commission may make additional reports, as it deems desirable.

Article IV - Powers

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

commission has the authority to:

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

needs and resources.

B. Encourage and foster research in all aspects of education, but with special reference

to the desirable scope of instruction, organization, administration, and instructional

methods and standards employed or suitable for employment in public education

systems.

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

many levels.

D. Conduct or participate in research if the commission finds that such research is

necessary for the advancement of the purposes and policies of this compact, utilizing

fully the resources of national associations, regional compact organizations for higher

education, and other agencies and institutions, both public and private.

E. Formulate suggested policies and plans for the improvement of public education as a

whole, or for any segment of public education, and make the recommendations

available to appropriate governmental units, agencies, and public officials.

F. Do any other thing necessary or incidental to the administration of its authority or

functions pursuant to this compact.

Article V - Cooperation With Federal Government

A. If the laws of the United States specifically so provide, or if administrative provision is

made within the federal government, the United States may be represented on the

commission by not more than ten representatives. Representatives of the United

States must be appointed and serve in the manner provided by or pursuant to federal

law, and may be drawn from any branch of the federal government. No representative

may have a vote on the commission.

B. The commission may provide information and make recommendations to any

executive or legislative agency or officer of the federal government concerning the

common education policies of the states, and may advise the agency or officer

concerning any matter of mutual interest.

Article VI - Committees

A. To assist in the expeditious conduct of its business when the full commission is not

meeting, the commission shall elect a steering committee of thirty-two members which,

subject to the provisions of this compact and consistent with the policies of the

commission, shall be constituted and function as provided in the bylaws of the

commission. One-fourth of the voting membership of the steering committee must

consist of governors, one-fourth must consist of legislators, and the remainder must

consist of other members of the commission. A federal representative on the

commission may serve with the steering committee, but without vote. The voting

members of the steering committee shall serve for terms of two years, except that

members elected to the first steering committee of the commission shall be elected as

follows: sixteen for one year and sixteen for two years. The chairman, vice chairman,

and treasurer of the commission must be members of the steering committee and,

anything in this paragraph to the contrary notwithstanding, shall serve during their

continuance in these offices. Vacancies in the steering committee do not affect its

authority to act, but the commission at the next regular meeting following the

occurrence of any vacancy shall fill it for the unexpired term. No person may serve

more than two terms as a member of the steering committee; provided, that service for

a partial term of one year or less does not count toward the two-term limitation.

B. The commission may establish advisory and technical committees composed of state,

local, and federal functions. Any advisory or technical committee may, on request of

the states concerned, be established to consider any matter of special concern to two

or more of the party states.

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

Article VII - Finance

A. The commission shall advise the governor or designated officer of each party state

regarding its budget and estimated expenditures for the period required by the laws of

that party state. Each of the commission's budgets of estimated expenditures must

contain specific recommendations regarding the amount to be appropriated by each

party state.

B. The total amount of appropriation requests under any budget must be apportioned

among the party states. In making the apportionment, the commission shall devise and

employ a formula that takes equitable account of the populations and per capita

income levels of the party states.

C. The commission may not pledge the credit of any party state. The commission may

meet its obligations in whole or in part with funds available to it pursuant to

paragraph G of Article III of this compact; provided, that the commission takes specific

action setting aside such funds prior to incurring an obligation to be met in whole or in

part in this manner. Except when the commission makes use of funds available to it

pursuant to paragraph G of Article III, the commission may not incur any obligation

prior to the allotment of funds by the party states adequate to meet the obligation.

D. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission must be subject to the audit and

accounting procedures established by its bylaws. However, all receipts and

disbursements of funds handled by the commission must be audited annually by a

qualified public accountant, and the report of the audit must be included in and

become part of the annual report of the commission.

E. The accounts of the commission must be open at any reasonable time for inspection

by duly constituted officers of the party states and by any person authorized by the

commission.

F. Nothing contained herein may be construed to prevent commission compliance with

laws relating to the audit or inspection of accounts by or on behalf of any government

contributing to the support of the commission.

Article VIII - Eligible Parties; Entry Into and Withdrawal

A. This compact has as eligible parties all states, territories, and possessions of the

United States, the District of Columbia, and the Commonwealth of Puerto Rico. With

respect to any jurisdiction not having a governor, the term "governor", as used in this

compact, shall mean the closest equivalent official and the jurisdiction.

B. A state or eligible jurisdiction may enter into this compact and it becomes binding on

the state or jurisdiction when adopted; provided, that in order to enter into initial effect,

adoption by at least ten eligible party jurisdictions is required.

C. Adoption of the compact may be either by enactment of the compact or by adherence

to the compact by the governor; provided, that in the absence of enactment,

adherence by the governor is sufficient to make a state a party only until December 31,

1967. Any party state may withdraw from this compact by enacting a statute repealing

the compact. A withdrawal may not take effect until one year after the governor of the

withdrawing state has given notice in writing of the withdrawal to the governors of all

other party states. No withdrawal shall affect any liability already incurred by or

chargeable to a party state prior to the time of withdrawal.

Article IX - Construction and Severability

This compact must be liberally construed to effectuate its purposes. The provisions of this

compact are severable and if any phrase, clause, sentence, or provision of this compact is

declared to be contrary to the constitution of any state or of the United States, or the application

of the compact to any government, agency, person, or circumstance is held invalid, the validity

of the remainder of this compact and the applicability of the compact to any government,

agency, person, or circumstance is not affected. If this compact is held contrary to the

constitution of any participating state, the compact must remain in full force and effect as to the

state affected and as to all several matters.
N.D. Cent. Code § 15.1-30-07 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-07
15.1-30-07. Transportation contract - Standard form
Status: in_force

15.1-30-07. Transportation contract - Standard form

The superintendent of public instruction shall prepare a standard transportation contract

form and shall provide copies, upon request, to school districts.
N.D. Cent. Code § 15.1-02-19 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-19
15.1-02-19. Health insurance programs - Joint enrollment program
Status: in_force

15.1-02-19. Health insurance programs - Joint enrollment program

The superintendent of public instruction and the department of health and human services

jointly shall develop a system under which families of children enrolling in the public school

system are provided with information regarding state and federally funded health insurance

programs and encouraged to apply for such coverage if determined to be eligible.
N.D. Cent. Code § 15.1-06-06.2 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-06.2
15.1-06-06.2. Compliance report - Impossibility of timely submission
Status: in_force

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

The superintendent of public instruction may delay imposing the sanctions set forth in

section 15.1-06-06 in the case of a public school and may delay imposing the sanctions set forth

in section 15.1-06-06.1 in the case of a nonpublic school, until a time certain, if:

1. The required submission of a school's compliance report is an impossibility due to:

a. A natural disaster or act of God, including fire, earthquake, or tornado;

b. An unauthorized or illegal act by a third party, including terrorism, sabotage, riot,

or vandalism;

c. Death;

d. A medical or personal emergency;

e. Operational interruption, including electrical failure, and computer hardware or

software failures; or

f. Governmental action, including an emergency order or judicial or law

enforcement action; and

2. The superintendent of public instruction determines that the report, had it been

submitted, would have demonstrated compliance with the approval requirements of

section 15.1-06-06 in the case of a public school and compliance with the approval

requirements of section 15.1-06-06.1 in the case of a nonpublic school.
N.D. Cent. Code § 15.1-14-31 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-31
15.1-14-31. Area career and technology center - Director - Contract - Failure to provide notice of nonrenewal
Status: in_force

15.1-14-31. Area career and technology center - Director - Contract - Failure to

provide notice of nonrenewal.

The contract of an area career and technology center director is deemed to be renewed for

a period of one year from its termination date if:

1. On or before April fifteenth, the board of the center has not provided written notification

to the director regarding a contemplated nonrenewal of the director's contract; and

2. On or before June first, the director has not provided to the board a written resignation.
N.D. Cent. Code § 15.1-09-10 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-10
15.1-09-10. School district elections - Form of notice
Status: in_force

15.1-09-10. School district elections - Form of notice

A notice for the election of school board members must state the purpose for the election,

the date of the election, and the time at which the polls will open and close.
N.D. Cent. Code § 15.1-15-10 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-10
15.1-15-10. Suspension during discharge proceeding - Compensation
Status: in_force

15.1-15-10. Suspension during discharge proceeding - Compensation

1. The board of a school district may suspend an individual employed as a teacher, a

principal, or as an assistant or associate superintendent if, by unanimous vote, the

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

discharge for cause is pursued.

2. The board shall address the matter of the individual's suspension in an executive

session, unless both the board and the individual agree that the matter may be

addressed in the presence of others or at an open meeting of the board.

3. If the individual is ultimately discharged for cause, the board may determine the

amount of compensation, if any, payable to the individual during the period of

suspension. If the individual is ultimately not discharged, the board may not apply any

reduction to the individual's salary for the period of suspension.
N.D. Cent. Code § 15.1-12-27 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-27
15.1-12-27. Dissolution of school district - Notice - Hearing - Order of attachment
Status: in_force

15.1-12-27. Dissolution of school district - Notice - Hearing - Order of attachment

1. The county superintendent shall schedule and give notice of a public hearing

regarding the dissolution of the district and the subsequent attachment of the property

to other high school districts in the same county, or to non-high school districts in the

same county if there are no high school districts in the same county adjacent to the

district being dissolved. The county superintendent shall publish the notice in the

official newspaper of each county that encompasses property in the dissolving district

and in the official newspaper of each county that encompasses property in a high

school district adjacent to the dissolving district, or to non-high school districts in the

same county if there are no high school districts in the same county adjacent to the

district being dissolved, at least fourteen days before the date of the hearing. The

county superintendent shall provide notice of the public hearing to the business

manager of each high school district adjacent to the dissolving district, or to non-high

school districts in the same county if there are no high school districts in the same

county adjacent to the district being dissolved.

2. At the hearing, the board of the dissolving district may propose a particular manner of

dissolution, including the sale, exchange, or donation of property and assets of the

dissolving district to another political subdivision for less than fair market value.

3. The county committee shall consider testimony and documentary evidence regarding:

a. The value and amount of property held by the dissolving school district;

b. The amount of all outstanding bonded and other indebtedness;

c. The distribution of property and assets among the school districts to which the

dissolved district is attached, or to another political subdivision as proposed by

the dissolving district;

d. The taxable valuation of the dissolving district and adjacent school districts and

the taxable valuation of adjacent school districts under the proposed manner of

dissolution;

e. The size, geographical features, and boundaries of the dissolving district and of

adjacent school districts;

f. The number of students enrolled in the dissolving district and in adjacent school

districts;

g. Each school in the dissolving district and in adjacent school districts, including its

name, location, condition, accessibility, and the grade levels it offers;

h. The location and condition of roads, highways, and natural barriers in the

dissolving district and in adjacent school districts;

i. Conditions affecting the welfare of students in the dissolving district and in

adjacent school districts;

j. The boundaries of other governmental entities;

k. The educational needs of communities in the dissolving district and in adjacent

school districts;

l. Potential savings in school district transportation and administrative services;

m. The anticipated future use of the dissolving districts' buildings, sites, and

playfields;

n. The potential for a reduction in per student valuation disparities between the

school districts to which the dissolved district is attached;

o. The potential to equalize or increase the educational opportunities for students

from the dissolving district and for students in adjacent school districts; and

p. All other relevant factors.

4. After the hearing, the county committee shall make findings of fact. Subject to final

approval by the state board, the county committee may order the district dissolved and

its real property or assets:

a. Attached to one or more contiguous, operating high school districts in the same

county;

b. Attached to non-high school districts in the same county if there are no high

school districts in the same county adjacent to the district being dissolved; or

c. Sold, exchanged, or donated to another political subdivision for less than fair

market value provided the dissolving district has sufficient property and assets

remaining to satisfy the requirements of sections 15.1-12-28 and 15.1-12-28.1.

5. Any property ordered attached to other school districts under this section must have at

least one minor residing within its boundaries.

6. The county superintendent shall forward all minutes, records, documentary evidence,

and other information regarding the dissolution proceeding together with a copy of the

county committee's order to the state board for final approval of the dissolution. The

state board shall publish notice of its meeting at which it will consider the dissolution,

in the official newspapers of the counties required for publication under subsection 1,

at least fourteen days before the meeting.

7. The order of dissolution becomes effective July first following approval by the state

board, unless the county committee provides for a different effective date.

8. If the boundaries of the dissolving school district cross county lines, the proceeding to

dissolve the district must be conducted jointly by the county committees representing

counties containing twenty-five percent or more of the dissolving district's taxable

valuation. If, after the hearing, a majority of the county committees are unable to agree

upon an order of dissolution and attachment, the county superintendent of the county

in which the administrative headquarters of the dissolving school district is located

shall notify the state board. The state board shall conduct a public hearing, as required

in this section, and order the dissolution of the district and the attachment of its real

property to adjacent school districts in the manner it deems appropriate. The state

board shall publish notice of the public hearing in the official newspapers of the

counties required for publication under subsection 1, at least fourteen days before the

date of the hearing.

9. If any portion of the order providing for the attachment of real property is suspended or

voided, the order of dissolution is likewise suspended or voided.

10. The state board shall provide a copy of its final findings of fact, conclusions of law, and

order regarding the dissolution to job service North Dakota. If not otherwise included in

the findings of fact, the state board shall also provide job service North Dakota with

information on the distribution and valuation of property from the dissolving district to

the receiving districts.
N.D. Cent. Code § 15.1-06-04 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-04
15.1-06-04. School calendar - Length
Status: in_force

15.1-06-04. School calendar - Length

1. A school district shall provide for a school calendar that includes:

a. At least nine hundred sixty-two and one-half hours of instruction for elementary

school students and one thousand fifty hours of instruction for middle and high

school students;

b. Three holidays, as selected by the board in consultation with district teachers

from the list provided for in subdivisions b through j of subsection 1 of section

15.1-06-02;

c. No more than two days for:

(1) Parent-teacher conferences; or

(2) Compensatory time for parent-teacher conferences held outside of regular

school hours; and

d. At least three days of professional development not including meals or breaks.

2. For the first three days of professional development required under subdivision d of

subsection 1, a day of professional development must consist of:

a. Six hours of professional development, exclusive of meals and other breaks,

conducted within a single day;

b. Six hours of cumulative professional development conducted under the auspices

of a professional learning community; or

c. Two four-hour periods of professional development, exclusive of meals and other

breaks, conducted over two days.

3. If because of weather or other conditions a school must cancel hours of instruction or

dismiss before completing all hours of instruction for the day, the school is responsible

for making up only those hours and portions of an hour between the time of

cancellation or early dismissal and the conclusion of all hours of classroom instruction

for the day if the dismissal will result in the school failing to meet the requirements of

subdivision a of subsection 1. A school district may satisfy the requirements of this

section by providing virtual instruction pursuant to section 15.1-07-25.4.

4. For purposes of this section, a full day of instruction at a physical school plant consists

of:

a. At least five and one-half hours for kindergarten and elementary students, during

which time the students are required to be in attendance for the purpose of

receiving curricular instruction; and

b. At least six hours for high school students, during which time the students are

required to be in attendance for the purpose of receiving curricular instruction.

5. If a school district intends to operate under a school calendar that consists of four days

of instruction per week, the school district shall apply and be approved for a waiver by

the superintendent of public instruction.

6. If a school district intends to provide virtual instruction, the instruction must comply

with the requirements under subsection 4. The attendance of students participating in

virtual instruction must be verified by monitoring the student's progress on academic

pacing guides developed by the school district to ensure students are in attendance

and receiving sufficient curricular instruction, as defined in rules adopted by the

superintendent of public instruction.
N.D. Cent. Code § 15.1-29-05 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-05
15.1-29-05. Petition by parent for payment of tuition or tuition waiver
Status: in_force

15.1-29-05. Petition by parent for payment of tuition or tuition waiver

1. If a student wishes to attend a school district other than the student's district of

residence, the student's parent may file a written petition with the board of the

student's school district of residence requesting that the board either:

a. Pay the tuition required by this chapter in order that the student can attend

another school district; or

b. Sign a tuition waiver contract with another district that has agreed to admit the

student.

2. Within thirty days after receiving the petition, the board of the student's school district

of residence shall meet with the student's parent and render a decision regarding the

payment of tuition. The board may:

a. Agree to pay the tuition;

b. Agree to sign a tuition waiver contract with the admitting district; or

c. Refuse to pay the tuition or sign a tuition waiver contract.

3. If the board of the student's school district of residence does not render a decision

within the thirty-day period, the petition is deemed approved and the board becomes

obligated to pay tuition to the admitting district.

4. If the petition is denied, the student's parent may file an appeal with the county

superintendent of schools.
N.D. Cent. Code § 15.1-30-13 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-13
15.1-30-13. Transportation of students - Control and discipline
Status: in_force

15.1-30-13. Transportation of students - Control and discipline

The driver of a vehicle used to transport students under a contract as provided in this

chapter is under the supervision and direction of the school board, the school district

superintendent, the school principal, and the teachers of the school while the driver is on duty.

The disciplinary authority of the school exists while a student is being transported, by or on

behalf of the student's school, and the driver of the vehicle is charged with exercising control

and discipline during the transportation.
N.D. Cent. Code § 15.1-27-04.2 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-04.2
15.1-27-04.2. State aid - Minimum local effort - Determination
Status: in_force

15.1-27-04.2. State aid - Minimum local effort - Determination

If a district's taxable valuation per student is less than twenty percent of the state average

valuation per student, the superintendent of public instruction, for purposes of determining state

aid in accordance with section 15.1-27-04.1, shall utilize an amount equal to sixty mills times

twenty percent of the state average valuation per student multiplied by the number of weighted

student units in the district.
N.D. Cent. Code § 15.1-13-16 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-16
15.1-13-16. Teaching license - Student transcript
Status: in_force

15.1-13-16. Teaching license - Student transcript

A student who has met all the criteria necessary to receive a teaching license, but who has

not graduated from a college or university, may request that the college or university provide a

copy of the student's completed transcript to the board or to a comparable entity in another

state. Within ten days of the request by the student, the college or university shall provide a

copy of the transcript showing that the student has met all the criteria necessary to receive a

teaching license except graduation. The transcript must indicate areas in which the student has

a major or minor.
N.D. Cent. Code § 15.1-06-10 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-10
15.1-06-10. Inspection of nonpublic schools - Submission of inspection report - Correction of deficiencies
Status: in_force

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

Correction of deficiencies.

1. The state fire marshal or the state fire marshal's designee shall inspect each nonpublic

school in this state at least once every three years, prepare an inspection report, and

provide copies of the report to the administrator of the school and the superintendent

of public instruction.

2. a. If a deficiency is noted, the administrator of the school shall submit a plan of

correction to the state fire marshal or the state fire marshal's designee and shall

remedy the deficiency within a time period acceptable to the state fire marshal or

the state fire marshal's designee.

b. If the report discloses an imminent fire hazard, the state fire marshal or the state

fire marshal's designee shall immediately notify the administrator of the school

and the superintendent of public instruction. Upon a recommendation of

immediate closure by the superintendent of public instruction, the administrator

may immediately close some or all of the school until the fire hazard is eliminated.

In the case of a closure, the administrator shall cooperate with the superintendent

of public instruction to make adequate arrangements for the interim education of

all affected students.
N.D. Cent. Code § 15.1-07-29 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-29
15.1-07-29. Ending fund balance
Status: in_force

15.1-07-29. Ending fund balance

The board of a school district may carry over moneys to the ensuing fiscal year to meet the

cash requirements of all funds or purposes to which the credit of the school district may be

legally extended.
N.D. Cent. Code § 15.1-30-08 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-08
15.1-30-08. Transportation contract - Provisions
Status: in_force

15.1-30-08. Transportation contract - Provisions

A transportation contract must:

1. Provide that no vehicle other than that described in the contract may be used to

transport students, unless a change is authorized in writing by the board of the school

district.

2. Provide that only the individual named in the contract may operate a vehicle used to

transport students, unless a change is authorized in writing by the board.

3. Include the transportation routes that were established by the board and which are to

be covered by the transportation provider.

4. Set compensation for the provision of transportation.

5. Describe the process by which an equitable adjustment of compensation will be

determined and paid if a change in the established transportation routes becomes

necessary.
N.D. Cent. Code § 15.1-29-15 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-15
15.1-29-15. Levy for tuition payments
Status: in_force

15.1-29-15. Levy for tuition payments

If the board of a school district approves tuition payments for students in grades seven

through twelve or if the board is required to make tuition or tutoring payments under this

chapter, the board may levy an amount sufficient to meet such payments, pursuant to section

57-15-14.2.
N.D. Cent. Code § 15.1-34-15 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-15
15.1-34-15. Penalty
Status: in_force

15.1-34-15. Penalty

A person who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 15.1-04.1-01 — ND Code / Title 15.1 / Chapter 15.1-04.1 / Section 15.1-04.1-01
15.1-04.1-01. Compact on educational opportunity for military children
Status: in_force

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

The compact on educational opportunity for military children is entered with all jurisdictions

legally joining therein, in the form substantially as follows:

ARTICLE I - PURPOSE

It is the purpose of this compact to remove barriers to educational success imposed on

children of military families because of frequent moves and deployment of their parents by:

1. Facilitating the timely enrollment of children of military families and ensuring that they

are not placed at a disadvantage due to difficulty in the transfer of educational records

from a sending to a receiving school district or variations in entrance or age

requirements;

2. Facilitating the student placement process to ensure that children of military families

are not disadvantaged by variations in attendance requirements, scheduling,

sequencing, grading, course content, or assessment;

3. Facilitating the qualification and eligibility of children of military families for enrollment,

educational programs, and participation in extracurricular academic, athletic, and

social activities;

4. Facilitating the on-time graduation of children of military families;

5. Providing for the promulgation and enforcement of administrative rules implementing

this compact;

6. Providing for the uniform collection and sharing of information among member states,

school districts, and military families under this compact;

7. Promoting coordination between this compact and other compacts affecting the

children of military families; and

8. Promoting flexibility and cooperation between the educational system, parents, and

the student in order to achieve educational success for the children of military families.

ARTICLE II - DEFINITIONS

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

1. "Active duty" means full-time duty status in the active uniformed services of the United

States, including members of the national guard and reserve on active duty orders

pursuant to 10 U.S.C. 1209 and 1211.

2. "Children of military families" means school-aged children, enrolled in kindergarten

through grade twelve, in the household of an active duty member.

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

4. "Compact commissioner" means the voting representative of each compacting state

appointed pursuant to article VIII of this compact.

5. "Deployment" means the period one month before the service member's departure

from the home station on military orders through six months after return to the home

station.

6. "Educational records" means official records, files, and data directly related to a

student and maintained by the student's school or school district, including records

encompassing all the material kept in the student's cumulative folder such as general

identifying data, records of attendance and of academic work completed, records of

achievement and results of evaluative tests, health data, disciplinary status, test

protocols, and individualized education programs.

7. "Extracurricular activities" means a voluntary activity sponsored by the school or

school district or an organization sanctioned by the school district, including

preparation for involvement in public performances, contests, athletic competitions,

demonstrations, displays, and club activities.

8. "Member state" means a state that has enacted this compact.

9. "Military installation" means a base, camp, post, station, yard, center, homeport facility

for any ship, or other facility under the jurisdiction of the department of defense,

including any leased facility that is located within a state. The term does not include

any facility used primarily for civil works, rivers and harbors projects, or flood control

projects.

10. "Nonmember state" means a state that has not enacted this compact.

11. "Receiving state" means the state to which a child of a military family is sent, brought,

or caused to be sent or brought.

12. "Rule" means a written statement by the commission promulgated pursuant to

article XII of this compact which:

a. Is of general applicability;

b. Implements, interprets, or prescribes a policy or provision of the compact;

c. Is an organizational, procedural, or practice requirement of the commission;

d. Has the force and effect of law in a member state; and

e. Includes the amendment, repeal, or suspension of an existing rule.

13. "Sending state" means the state from which a child of a military family is sent, brought,

or caused to be sent or brought.

14. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, the Northern Marianas Islands, and any other United States territory.

15. "Student" means the child of a military family who is formally enrolled in kindergarten

through grade twelve and for whom a school district receives public funding.

16. "Transition" means:

a. The formal and physical process of transferring from one school to another; or

b. The period of time during which a student moves from one school in the sending

state to another school in the receiving state.

17. "Uniformed services" means the army, navy, air force, marine corps, and coast guard,

and the commissioned corps of the national oceanic and atmospheric administration

and public health services.

18. "Veteran" means an individual who served in the uniformed services and who was

discharged or released therefrom under conditions other than dishonorable.

ARTICLE III - APPLICABILITY

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

a. Active duty members of the uniformed services as defined in this compact,

including members of the national guard and reserve on active duty orders

pursuant to 10 U.S.C. 1209 and 1211;

b. Members or veterans of the uniformed services who are severely injured and

medically discharged or retired for a period of one year after medical discharge or

retirement; and

c. Members of the uniformed services who die on active duty or as a result of

injuries sustained on active duty, for a period of one year after the member's

death.

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

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

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

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

subsection 1;

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

d. Other United States department of defense personnel and other federal agency

civilian and contract employees not defined as active duty members of the

uniformed services.

ARTICLE IV - EDUCATIONAL RECORDS AND ENROLLMENT

1. If official educational records cannot be released to the parents for the purpose of

transfer, the custodian of the records in the sending state shall prepare and furnish to

the parent a complete set of unofficial educational records containing uniform

information as determined by the commission. Upon receipt of the unofficial

educational records by a school in the receiving state, the school shall enroll and

appropriately place the student based on the information provided in the unofficial

records pending validation by the official records, as quickly as possible.

2. Simultaneous with the enrollment and conditional placement of the student, the school

in the receiving state shall request the student's official educational records from the

school in the sending state. Upon receipt of this request, the school in the sending

state shall process and furnish the official educational records to the school in the

receiving state within ten days or within the time determined to be reasonable under

the rules promulgated by the commission.

3. Compacting states shall give thirty days from the date of enrollment, or the time

determined to be reasonable under the rules promulgated by the commission, for

students to obtain any immunization required by the receiving state. For a series of

immunizations, initial vaccinations must be obtained within thirty days or within the

time determined to be reasonable under the rules promulgated by the commission.

4. Students must be allowed to continue their enrollment at grade level in the receiving

state commensurate with their grade level in the sending state at the time of transition,

regardless of age. A student who satisfactorily has completed the prerequisite grade

level in the sending state is eligible for enrollment in the next highest grade level in the

receiving state, regardless of age. A student transferring after the start of the school

calendar in the receiving state shall enter the school in the receiving state on the

validated level from the school in the sending state.

ARTICLE V - PLACEMENT AND ATTENDANCE

1. When a student transfers before or during the regular school calendar, the receiving

state school shall initially honor placement of the student in educational courses based

on the student's enrollment in the sending school or educational assessments

conducted at the school in the sending state, if the courses are offered. Course

placement includes honors, international baccalaureate, advanced placement, and

career and technical education courses. Continuing the student's academic program

from the sending school and promoting placement in challenging courses should be

paramount when considering placement. This does not preclude the school in the

receiving state from performing subsequent evaluations to ensure appropriate

placement and continued enrollment of the student in the course.

2. a. The receiving school initially shall honor placement of the student in educational

programs based on current educational assessments conducted at the sending

school or based on placement in like programs in the sending school. Such

programs include gifted and talented programs and English language learner

programs. This does not preclude the receiving school from performing

subsequent evaluations to ensure appropriate placement of the student.

b. This subsection does not require a school district to create programs or offer

services that were not in place before the enrollment of the student unless the

programs or services are required by federal law.

3. a. In compliance with the Individuals With Disabilities Education Act [20 U.S.C. 1400

et seq.], the receiving school initially shall provide comparable services to a

student with disabilities based on the student's current individualized education

program; and

b. In compliance with the requirements of section 504 of the Rehabilitation Act

[29 U.S.C. 794] and with the Americans with Disabilities Act [42 U.S.C. 12131

et seq.], the receiving school shall make reasonable accommodations and

modifications to address the needs of incoming students with disabilities, subject

to an existing 504 or title II plan, to provide the student with equal access to

education. This does not preclude the receiving school from performing

subsequent evaluations to ensure appropriate placement of the student.

4. School district administrators have flexibility in waiving course or program

prerequisites and other preconditions for placement in courses or programs offered by

the district.

5. A student whose parent or legal guardian is an active duty member of the uniformed

services and has been called to duty for, is on leave from, or has immediately returned

from deployment to a combat zone or a combat support posting must be granted

additional excused absences by the school district superintendent to visit with the

student's parent or legal guardian relative to the leave or deployment of the parent or

guardian.

ARTICLE VI - ELIGIBILITY

1. Eligibility for enrollment:

a. A special power of attorney, relative to the guardianship of a child of a military

family and executed under applicable law is sufficient for the purposes of

enrollment and all other actions requiring parental participation and consent.

b. A school district may not charge tuition to a transitioning military child placed in

the care of a noncustodial parent or other individual standing in loco parentis who

lives in a school district other than that of the custodial parent.

c. A transitioning military child, placed in the care of a noncustodial parent or other

person standing in loco parentis who lives in a school district other than that of

the custodial parent, may continue to attend the school in which the child was

enrolled while residing with the custodial parent.

2. The superintendent of public instruction, school districts, and the North Dakota high

school activities association shall facilitate the opportunity for transitioning military

children's inclusion in extracurricular activities, regardless of application deadlines, to

the extent they are otherwise qualified.

ARTICLE VII - GRADUATION

To facilitate the on-time graduation of children of military families, the superintendent of

public instruction and school district administrators shall incorporate the following procedures:

1. School district administrators shall waive specific courses required for graduation if

similar coursework has been satisfactorily completed in another school district or shall

provide reasonable justification for denial. Should a waiver not be granted to a student

who would qualify to graduate from the sending school, the receiving school district

shall provide an alternative means of acquiring required coursework so that graduation

may occur on time.

2. States must accept exit or end-of-course examinations required for graduation from

the sending state, national norm-referenced achievement tests, or alternative testing in

lieu of testing requirements for graduation in the receiving state. If these alternatives

cannot be accommodated by the receiving state for a student transferring in the

student's senior year, then subsection 3 applies.

3. Should a military student transferring at the beginning or during the student's senior

year be ineligible to graduate from the receiving school district after all alternatives

have been considered, the sending and receiving school districts shall ensure the

receipt of a diploma from the sending school district if the student meets the

graduation requirements of the sending school district. If one of the states in question

is not a member of this compact, the member state shall use best efforts to facilitate

the on-time graduation of the student in accordance with subsections 1 and 2.

ARTICLE VIII - STATE COORDINATION

1. Each member state, through the creation of a state council or use of an existing entity,

shall provide for the coordination among its state agencies, school districts, and

military installations concerning the state's participation in, and compliance with, this

compact and commission activities. While each member state may determine the

membership of its own state council, its membership must include at least the

superintendent of public instruction, a gubernatorial appointee who is the

superintendent of a school district with a high concentration of military children, a

representative from a military installation, one member of the legislative assembly

appointed by the chairman of the legislative management, a gubernatorial appointee

who represents the executive branch of government, and any other individuals or

group representatives that the state council determines appropriate. A member state

that does not have a school district determined to contain a high concentration of

military children may appoint a superintendent from another school district to represent

school districts on the state council.

2. The state council of each member state shall appoint or designate a military family

education liaison to assist military families and the state in facilitating the

implementation of this compact; provided, however, in North Dakota, the appointment

shall be made by the adjutant general of the national guard.

3. The compact commissioner responsible for the administration and management of the

state's participation in the compact must be appointed by the governor or as otherwise

determined by each member state.

4. The compact commissioner and the military family education liaison are ex officio

members of the state council, unless either is already a full voting member of the state

council.

ARTICLE IX - INTERSTATE COMMISSION ON

EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN

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

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

discretionary state function.

3. The commission is a body corporate and joint agency of the member states and has

all the responsibilities, powers, and duties set forth herein, and any additional powers

as may be conferred upon it by a subsequent concurrent action of the respective

legislatures of member states in accordance with the terms of this compact.

4. The commission consists of one commission voting representative from each member

state who must be that state's compact commissioner.

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

vote.

b. A majority of the total member states constitutes a quorum for the transaction of

business unless a larger quorum is required by the bylaws of the commission.

c. A representative may not delegate a vote to another member state. If the

compact commissioner is unable to attend a meeting of the commission, the

governor or state council may delegate voting authority to another person from

the state for a specified meeting.

d. The bylaws may provide for meetings of the commission to be conducted by

telecommunications or electronic communication.

5. The commission consists of ex officio, nonvoting representatives who are members of

interested organizations. Ex officio members, as defined in the bylaws, may include

members of the representative organizations of military family advocates, school

district officials, parent and teacher groups, the department of defense, the education

commission of the states, the interstate agreement on the qualification of educational

personnel, and other interstate compacts affecting the education of children of military

members.

6. The commission shall meet at least once each calendar year. The chairman may call

additional meetings and, upon the request of a majority of the member states, shall

call additional meetings.

7. The commission shall establish an executive committee, whose members must

include the officers of the commission and any other members of the commission as

determined by the bylaws. Members of the executive committee shall serve a one-year

term. Members of the executive committee are entitled to one vote each. The

executive committee may act on behalf of the commission, with the exception of

rulemaking, during periods when the commission is not in session. The executive

committee shall oversee the day-to-day activities of the administration of the compact,

including enforcement and compliance with the compact, its bylaws and rules, and

other such duties as determined necessary. The department of defense is an ex officio

nonvoting member of the executive committee.

8. The commission shall establish bylaws and rules that provide for conditions and

procedures under which the commission shall make its information and official records

available to the public for inspection or copying. The commission may exempt from

disclosure information or official records to the extent they would adversely affect

personal privacy rights or proprietary interests.

9. The commission shall give public notice of all meetings and all meetings shall be open

to the public, except as set forth in the rules or as otherwise provided in the compact.

The commission and its committees may close a meeting, or portion thereof, when it

determines by two-thirds vote that an open meeting would be likely to:

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

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

statute;

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

confidential;

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

e. Disclose information of a personal nature when disclosure would constitute a

clearly unwarranted invasion of personal privacy;

f. Disclose investigative records compiled for law enforcement purposes; or

g. Specifically relate to the commission's participation in a civil action or other legal

proceeding.

10. The commission shall cause its legal counsel or designee to certify that a meeting may

be closed and shall reference each relevant exemptible provision for any meeting, or

portion of a meeting, which is closed pursuant to this provision. The commission shall

keep minutes that fully and clearly describe all matters discussed in a meeting and

shall provide a full and accurate summary of actions taken, and the reasons therefore,

including a description of the views expressed and the record of a roll call vote. All

documents considered in connection with an action must be identified in the minutes.

All minutes and documents of a closed meeting must remain under seal, subject to

release by a majority vote of the commission.

11. The commission shall collect standardized data concerning the educational transition

of the children of military families under this compact as directed through its rules,

which shall specify the data to be collected, the means of collection, and data

exchange and reporting requirements. The methods of data collection, exchange, and

reporting, insofar as is reasonably possible, must conform to current technology and

coordinate its information functions with the appropriate custodian of records as

identified in the bylaws and rules.

12. The commission shall create a process that permits military officials, education

officials, and parents to inform the commission if and when there are alleged violations

of the compact or its rules or when issues subject to the jurisdiction of the compact or

its rules are not addressed by the state or local education agency. This subsection

does not create a private right of action against the commission, any member state, or

any school district.

ARTICLE X - POWERS AND DUTIES OF THE COMMISSION

The commission may:

1. Provide for dispute resolution among member states;

2. Adopt rules that have the force and effect of law and are binding in the compact states

to the extent and in the manner provided in this compact and take all necessary

actions to effect the goals, purposes, and obligations as enumerated in this compact;

3. Issue, upon request of a member state, advisory opinions concerning the meaning or

interpretation of the interstate compact, its bylaws, rules, and actions;

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

and the bylaws;

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

6. Purchase and maintain insurance and bonds;

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

8. Establish and appoint committees, including an executive committee as required by

article IX, which may act on behalf of the commission in carrying out its powers and

duties;

9. Elect or appoint officers, attorneys, employees, agents, and consultants and fix their

compensation; define their duties; determine their qualifications; and establish the

commission's personnel policies and programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel;

10. Accept, receive, use, and dispose of donations and grants of money, equipment,

supplies, materials, and services;

11. Lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property, real, personal, or mixed;

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

any property;

13. Establish a budget and make expenditures;

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

15. Report annually to the legislatures, governors, judiciary, and state councils of the

member states concerning the activities of the commission during the preceding year

and include any recommendations that were adopted by the commission;

16. Coordinate education, training, and public awareness regarding the compact, its

implementation, and operation for officials and parents involved in such activity;

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

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

19. Perform such functions as may be necessary or appropriate to achieve the purpose of

this compact; and

20. Provide for the uniform collection and sharing of information between and among

member states, schools, and military families under this compact.

ARTICLE XI - ORGANIZATION AND OPERATION OF THE COMMISSION

1. The commission, by a majority of the members present and voting, within twelve

months after the first commission meeting, shall adopt bylaws to govern its conduct as

may be necessary or appropriate to carry out the purposes of the compact, including:

a. Establishing the fiscal year of the commission;

b. Establishing an executive committee and such other committees as may be

necessary;

c. Providing for the establishment of committees and for governing any general or

specific delegation of authority or function of the commission;

d. Providing reasonable procedures for calling and conducting meetings of the

commission and ensuring reasonable notice of each meeting;

e. Establishing the titles and responsibilities of the officers and staff of the

commission;

f. Providing a mechanism for concluding the operations of the commission and the

return of surplus funds that may exist upon the termination of the compact after

the payment and reserving of all its debts and obligations; and

g. Providing startup rules for initial administration of the compact.

2. The commission, by a majority of the members, shall elect annually from among its

members a chairman, a vice chairman, and a treasurer, each of whom has the

authority and duties specified in the bylaws. The chairman or, in the chairman's

absence or disability, the vice chairman shall preside at all meetings of the

commission. The officers so elected serve without compensation or remuneration from

the commission; provided that, subject to the availability of budgeted funds, the officers

are entitled to be reimbursed for ordinary and necessary costs and expenses incurred

by them in the performance of their responsibilities as officers of the commission.

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

including:

(1) Managing the affairs of the commission in a manner consistent with the

bylaws and purposes of the commission;

(2) Overseeing an organizational structure and appropriate procedures for the

commission to provide for the creation of rules, operating procedures, and

administrative and technical support functions; and

(3) Planning, implementing, and coordinating communications and activities

with other state, federal, and local government organizations in order to

advance the goals of the commission.

b. The executive committee, subject to the approval of the commission, may appoint

or retain an executive director for such period, upon such terms and conditions,

and for such compensation as the commission determines appropriate. The

executive director shall serve as secretary to the commission but may not be a

member of the commission. The executive director shall hire and supervise such

other persons as may be authorized by the commission.

4. The commission's executive director and its employees are immune from suit and

liability, either personally or in their official capacity, for a claim for damage to or loss of

property or personal injury or other civil liability caused or arising out of or relating to

an actual or alleged act, error, or omission that occurred, or that such person had a

reasonable basis for believing occurred, within the scope of commission employment,

duties, or responsibilities; provided, those individuals are not protected from suit or

liability for damage, loss, injury, or liability caused by their intentional or willful and

wanton misconduct.

a. The liability of the commission's executive director and employees or commission

representatives, acting within the scope of that individual's employment or duties

for acts, errors, or omissions occurring within that individual's state, may not

exceed the limits of liability set forth under the constitution and laws of that state

for state officials, employees, and agents. The commission is considered to be an

instrumentality of the states for the purposes of any such action. This subsection

does not protect an individual from suit or liability for damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct of the

individual.

b. The commission shall defend the executive director and its employees and,

subject to the approval of the attorney general or other appropriate legal counsel

of the member state represented by a commission representative, shall defend a

commission representative in any civil action seeking to impose liability arising

out of an actual or alleged act, error, or omission that occurred within the scope of

commission employment, duties, or responsibilities, or that the defendant had a

reasonable basis for believing occurred within the scope of commission

employment, duties, or responsibilities, provided that the actual or alleged act,

error, or omission did not result from intentional or willful and wanton misconduct

on the part of the individual.

c. To the extent not covered by the state involved, member state, or the

commission, the representatives or employees of the commission must be held

harmless in the amount of a settlement or judgment, including attorney's fees and

costs, obtained against the individuals arising out of an actual or alleged act,

error, or omission that occurred within the scope of commission employment,

duties, or responsibilities, or that those individuals had a reasonable basis for

believing occurred within the scope of commission employment, duties, or

responsibilities, provided that the actual or alleged act, error, or omission did not

result from intentional or willful and wanton misconduct on the part of those

individuals.

ARTICLE XII - RULEMAKING FUNCTIONS OF THE COMMISSION

1. The commission shall adopt reasonable rules in order to effectively and efficiently

achieve the purposes of this compact. If the commission exercises its rulemaking

authority in a manner that is beyond the scope of the purposes of this compact, or the

powers granted by this compact, then such an action by the commission is invalid and

has no force or effect.

2. Rules must be made pursuant to a rulemaking process that substantially conforms to

the Model State Administrative Procedure Act of the national conference of

commissioners on uniform state laws, as may be appropriate to the operations of the

commission.

3. Within thirty days after a rule is adopted, any person may file a petition for judicial

review of the rule; provided, that the filing of the petition does not stay or otherwise

prevent the rule from becoming effective unless the court finds that the petitioner has a

substantial likelihood of success. The court shall give deference to the actions of the

commission consistent with applicable law and shall not find the rule to be unlawful if

the rule represents a reasonable exercise of the commission's authority.

4. If a majority of the legislatures of the compacting states rejects a rule by enactment of

a statute or resolution in the same manner used to adopt the compact, then the rule

has no further force and effect in any compacting state.

ARTICLE XIII - OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION

1. a. Each member state shall enforce this compact to effectuate the compact's

purposes and intent. The provisions of this compact and the rules promulgated

hereunder have standing as statutory law.

b. Courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of

this compact which may affect the powers, responsibilities, or actions of the

commission.

c. The commission is entitled to receive all service of process in any proceeding and

has standing to intervene in the proceeding for all purposes. Failure to provide

service of process to the commission renders a judgment or order void as to the

commission, this compact, or adopted rules.

2. If the commission determines that a member state has defaulted in the performance of

its obligations or responsibilities under this compact, or the bylaws or adopted rules,

the commission shall:

a. Provide written notice to the defaulting state and other member states of the

nature of the default, the means of curing the default, and any action taken by the

commission, and specify the conditions by which the defaulting state must cure

its default; and

b. Offer technical assistance to the member state.

3. If the defaulting state fails to cure the default, the defaulting state shall terminate from

the compact upon an affirmative vote of a majority of the member states and all rights,

privileges, and benefits conferred by this compact are terminated from the effective

date of termination. A cure of the default does not relieve the offending state of

obligations or liabilities incurred during the period of the default, except that in the

event of a default by this state, its total financial responsibility is limited to the amount

of its most recent annual assessment.

4. Suspension or termination of membership in the compact may be imposed only after

all other means of securing compliance have been exhausted. Notice of intent to

suspend or terminate must be given by the commission to the governor, the majority

and minority leaders of the defaulting state's legislature, and each member state.

5. The state that has been suspended or terminated is responsible for all assessments,

obligations, and liabilities incurred through the effective date of suspension or

termination, to a maximum of five thousand dollars multiplied by the number of years

that the state has been a member of the compact. In the event that this state is

suspended or terminated, its total financial responsibility is limited to the amount of its

most recent annual assessment.

6. The commission may not bear any costs relating to any state that has been found to

be in default or which has been suspended or terminated from the compact, unless

otherwise mutually agreed upon in writing between the commission and the defaulting

state.

7. The defaulting state may appeal the action of the commission by petitioning the United

States district court for the District of Columbia or the federal district where the

commission has its principal offices. The prevailing party must be awarded all costs of

such litigation, including reasonable attorney's fees.

8. The commission shall attempt, upon the request of a member state, to resolve

disputes that are subject to the compact and which may arise among member states

and between member and nonmember states. The commission shall adopt a rule

providing for mediation and binding dispute resolution for disputes as appropriate.

ARTICLE XIV - FINANCING OF THE COMMISSION

1. The commission shall pay, or provide for the payment of, the reasonable expenses of

its establishment, organization, and ongoing activities.

2. a. The commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the commission

and its staff which must be in a total amount sufficient to cover the commission's

annual budget as approved each year.

b. The aggregate annual assessment amount must be allocated based upon a

formula to be determined by the commission, which shall adopt a rule binding

upon all member states.

c. The annual assessment applicable to this state may not exceed an amount equal

to two dollars multiplied by the latest available number of children of military

families in this state.

d. This state may not be held liable for the payment of any special assessment or

any assessment other than the annual assessment in the amount established by

this subsection.

3. The commission may not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor may the commission pledge the credit of any of the

member states, except by and with the authority of the member state.

4. The commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the commission are subject to the audit and accounting

procedures established under its bylaws. However, all receipts and disbursements of

funds handled by the commission must be audited yearly by a certified or licensed

public accountant and the report of the audit must be included in and become part of

the annual report of the commission.

ARTICLE XV - MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT

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

2. The compact becomes effective and binding upon legislative enactment of the

compact into law by no less than ten states. The effective date may not be earlier than

December 1, 2007. Thereafter, the compact becomes effective and binding as to any

other member state upon enactment of the compact into law by that state. The

governors of nonmember states or their designees must be invited to participate in the

activities of the commission on a nonvoting basis prior to adoption of the compact by

all states.

3. The commission may propose amendments to the compact for enactment by the

member states. No amendment may become effective and binding upon the

commission and the member states until the amendment is enacted into law by

unanimous consent of the member states.

ARTICLE XVI - WITHDRAWAL AND DISSOLUTION

1. a. Once effective, the compact continues in force and remains binding upon each

member state, provided that a member state may withdraw from the compact by

specifically repealing the statute that enacted the compact into law, except that in

the case of this state, withdrawal from the compact may also be accomplished by

statutorily allowing for the expiration of this Act.

b. Withdrawal from this compact must be by the enactment of a statute repealing

the compact, except that in the case of this state, withdrawal from the compact

may also be accomplished by statutorily allowing for the expiration of this Act.

c. The withdrawing state immediately shall notify the chairman of the commission in

writing upon the introduction of legislation repealing this compact in the

withdrawing state, except that if this state elects to withdraw from the compact by

statutorily allowing for the expiration of this Act, this state shall notify the chairman

of the commission when it becomes evident that the expiration will take effect.

The commission shall notify the other member states of the withdrawing state's

intent to withdraw within sixty days of receiving the notice.

d. The withdrawing state is responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal, to a maximum amount

equal to two dollars multiplied by the latest available number of children of military

families in this state.

e. Reinstatement following withdrawal of a member state occurs upon the

withdrawing state re-enacting the compact or upon such later date as determined

by the commission.

2. This compact dissolves effective upon the date of the withdrawal or default of the

member state which reduces the membership in the compact to one member state.

Upon the dissolution of this compact, the compact becomes null and void and is of no

further force or effect, and the business and affairs of the commission must be

concluded and surplus funds must be distributed in accordance with the bylaws.

ARTICLE XVII - SEVERABILITY AND CONSTRUCTION

1. The provisions of this compact are severable and if any phrase, clause, sentence, or

provision is determined unenforceable, the remaining provisions of the compact are

enforceable.

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

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

the states are members.

ARTICLE XVIII - BINDING EFFECT OF COMPACT AND OTHER LAWS

1. Nothing in this compact prevents the enforcement of any other law of a member state

that is not inconsistent with this compact. All member states' laws conflicting with this

compact are superseded to the extent of the conflict.

2. a. All lawful actions of the commission, including all rules and bylaws promulgated

by the commission, are binding upon the member states.

b. All agreements between the commission and the member states are binding in

accordance with their terms.

c. If any provision of this compact exceeds the constitutional limits imposed on the

legislature of any member state, the provision is ineffective to the extent of the

conflict with the constitutional provision in question in that member state.
N.D. Cent. Code § 15.1-21-04 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-04
15.1-21-04. Minimum high school courses - Alternative curriculum plans
Status: in_force

15.1-21-04. Minimum high school courses - Alternative curriculum plans

1. Except as otherwise provided in this section, each student shall enroll in at least four

units of high school work in each grade from nine through twelve.

2. A student in grade twelve may enroll in fewer than four units of work, provided:

a. The student requires fewer than four units of work for graduation; and

b. The board of the school district has adopted an alternative high school senior

curriculum plan.

3. An alternative high school senior curriculum plan becomes effective if:

a. It is adopted by action of the school board;

b. It contains specific criteria under which a high school senior may enroll in fewer

than four units of work; and

c. It has been submitted to and approved by the superintendent of public instruction.
N.D. Cent. Code § 15.1-16-01 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-01
15.1-16-01. Definitions
Status: in_force

15.1-16-01. Definitions

As used in this chapter:

1. "Administrator" means an individual who is employed by the board of a public school

district primarily for administration of a school or schools of the district and who

devotes at least fifty percent of the individual's time in any one year to the duties of

administration of the school or schools of the district.

2. "Negotiating unit" means:

a. A group of administrators having common interests, common problems, a

common employer, or a history of common representation, which warrants that

group being represented by a single representative organization in negotiations

with the board of a school district; or

b. A group of teachers having common interests, common problems, a common

employer, or a history of common representation, which warrants that group

being represented by a single representative organization in negotiations with the

board of a school district.

3. "Representative organization" means an organization authorized by a negotiating unit

to represent the members of the unit in negotiations with a school board.

4. "Strike" means any concerted work stoppage, slowdown, or withholding of contracted

services.

5. "Teacher" means a public school employee licensed to teach by the education

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

practices board and employed primarily as a classroom teacher.
N.D. Cent. Code § 15.1-23-01 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-01
15.1-23-01. Definitions
Status: in_force

15.1-23-01. Definitions

In this chapter:

1. "Home education" means a program of education supervised by a child's parent in

accordance with the requirements of this chapter.

2. "Parent" includes a child's legal guardian.

3. "Supervise" means the selection of materials, determination of an educational

philosophy, and oversight of the method, manner, and delivery of instruction.
N.D. Cent. Code § 15.1-18-06 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-06
15.1-18-06. Provisional special education strategist credential
Status: repealed

15.1-18-06. Provisional special education strategist credential

Repealed by S.L. 2025, ch. 186, § 1.
N.D. Cent. Code § 15.1-12-05 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-05
15.1-12-05. Annexation of property to school district - Hearing
Status: in_force

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

1. Upon receiving a petition for the annexation of property to a school district, the county

superintendent shall schedule and give notice of a public hearing regarding the

annexation.

2. At least twenty-one days before the date of the public hearing, the county

superintendent shall provide notice by certified mail with return receipt regarding the

annexation to each owner of real property to be annexed 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. If no newspaper is published in

the county, the county superintendent shall publish the notice in a newspaper in an

adjoining county in this state.

3. Before the hearing, the county committee shall:

a. Determine the number of qualified electors residing on the property to be

annexed;

b. Ensure that two-thirds of such qualified electors have signed the petition; and

c. Ensure that all other statutory requirements regarding the petition have been met.

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

evidence regarding:

a. The value and amount of property held by each affected school district;

b. The amount of all outstanding bonded and other indebtedness of each affected

district;

c. The levies for bonded indebtedness to which the property will be subjected or

from which the property will be exempted, as provided for in section 15.1-12-08;

d. The taxable valuation of each affected district and the taxable valuation under the

proposed annexation;

e. The size, geographical features, and boundaries of each affected district;

f. The number of students enrolled in each affected district;

g. Each school in the district, including its name, location, condition, the grade levels

it offers, and the distance that students living in the petitioned area would have to

travel to attend school;

h. The location and condition of roads, highways, and natural barriers in each

affected district;

i. Conditions affecting the welfare of students residing on the property to be

annexed;

j. The boundaries of other governmental entities;

k. The educational needs of communities in each affected district;

l. Potential savings in school district transportation and administrative services;

m. The potential for a reduction in per student valuation disparity between the

affected districts;

n. The potential to equalize or increase the educational opportunities for students in

each affected district;

o. The potential modification to the property tax obligation of the owners of the

property to be annexed and the concerns of the owners of the property to be

annexed; and

p. All other relevant factors.

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

hearing, the committee shall make specific findings of fact and approve or deny the

annexation. If the annexation is approved, the county superintendent shall forward all

minutes, records, documentary evidence, and other information regarding the

proceeding and the county committee's decision to the state board for final approval of

the annexation.

6. a. Except as provided in this subsection, the state board shall conduct a hearing

after publication of a notice in the manner required in subsection 2, accept and

consider testimony and documentary evidence regarding the proposed

annexation, make specific findings, and approve or deny the annexation.

b. If no opposition is presented to the county committee at the hearing and the

county committee approves the annexation, the state board may review the

record of the county committee and give final approval to the annexation without

holding its own hearing.

7. If the school districts involved in a proposed annexation include property in more than

one county, but the major portion of each district's property is in the same county, the

county committee of that county shall consider the annexation petition.

8. If the school districts involved in a proposed annexation are situated in more than one

county and the major portion of each district's property is not in the same county, the

county committees of those counties encompassing the major portion of each school

district shall jointly consider the annexation petition. The county committees shall vote

separately on whether to approve the annexation.

9. If the state board denies the annexation, another petition involving any of the same

property may not be submitted to the county committee for a period of three months

after the state board's denial. A petition involving any of the same property cited in the

original petition may not be considered by the state board more than twice in a

twelve-month period.

10. Regardless of how many county committees consider the annexation, the decision

may be appealed to the state board.

11. Each annexation must receive final approval from the state board.

12. The county superintendent with whom the petition has been filed shall forward all

minutes, records, documentary evidence, and other information regarding the

annexation, and the county committee's decision to the state board for final approval

or for consideration of an appeal.

13. A decision of the state board with respect to an annexation petition may be appealed

to the district court of the judicial district in which the property to be annexed is located.
N.D. Cent. Code § 15.1-09-13 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-13
15.1-09-13. Election precincts - Polling places - Election officials
Status: in_force

15.1-09-13. Election precincts - Polling places - Election officials

1. At least thirty-five days prior to the annual election, the board of each school district

shall designate one or more precincts for the election. The board shall arrange the

precincts in a way that divides the electors of the district as equally as possible.

2. At least thirty-five days prior to the annual election, the board of each school district

shall designate one or more polling places for each precinct. The board shall locate the

polling places as conveniently as possible for the voters in the precinct. Once

established by the board, a polling place must remain a polling place for a precinct

until it is changed by subsequent action of the board.

3. For school board elections not held in conjunction with county elections, the board

shall appoint two election judges and two election clerks for each polling place. Before

opening the polls, the judges and clerks shall take an affirmation or oath to perform

their duties according to law and to the best of their ability. The affirmation or oath may

be administered by any officer authorized to administer oaths or by any of the judges

or clerks.

4. For school board elections held in conjunction with county elections, the county

election boards shall administer the election in the same manner as the county or state

election.
N.D. Cent. Code § 15.1-16-19 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-19
15.1-16-19. Sick leave - Accumulation
Status: in_force

15.1-16-19. Sick leave - Accumulation

The board of a school district shall allow a teacher to:

1. Use at least ten days of sick leave each school year without a loss of compensation;

and

2. Accumulate sick leave and carry over from year to year at least thirty days of

accumulated unused sick leave.
N.D. Cent. Code § 15.1-12-02 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-02
15.1-12-02. Annexation of property to school district - Exchange - Petition - Requirements
Status: in_force

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

Requirements.

An individual may petition to have property in one school district annexed to another school

district by an exchange of property with property in a contiguous school district. In order to be

approved:

1. The petitioner must reside within the boundary of the property to be exchanged;

2. The petitioner must obtain the written approval of one qualified elector from each

residence within the boundary of the property referenced in subsection 1;

3. The petitioner must obtain written authorization for the exchange of property from the

owner of the property to be exchanged in the adjacent district, provided that the owner

need not reside on the property to be exchanged;

4. The difference in the taxable valuation of the property involved in the exchange must

be agreed upon by both affected school districts;

5. Each property involved in the exchange is contiguous with the school district to which

it is being annexed; and

6. Except as otherwise provided in this section, the annexation by an exchange of

property under this section is subject to, and meets, all other statutory requirements

regarding annexations.
N.D. Cent. Code § 15.1-37-03 — ND Code / Title 15.1 / Chapter 15.1-37 / Section 15.1-37-03
15.1-37-03. Council - Duties
Status: repealed

15.1-37-03. Council - Duties

Repealed by S.L. 2021, ch. 358, § 11.
N.D. Cent. Code § 15.1-13-26 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-26
15.1-13-26. Crimes against a child and sexual offenses - Denial of or immediate revocation of teaching license
Status: in_force

15.1-13-26. Crimes against a child and sexual offenses - Denial of or immediate

revocation of teaching license.

1. The board shall deny an application for a teaching license and shall immediately

revoke the teaching license of an individual who has been found guilty of a crime

against a child or a sexual offense.

2. An individual who is denied a teaching license or who has had a teaching license

revoked under subsection 1 may file a request with the board for a due process

hearing under chapter 28-32. The hearing must be held within ten days of the request.

The scope of the hearing is limited to determining whether the individual was convicted

of a crime against a child or a sexual offense and whether the conviction has been

overturned on appeal.

3. A final decision denying a teaching license or revoking a teaching license under this

section is appealable pursuant to chapter 28-32. A court may not stay the decision

pending an appeal. A court shall affirm the decision denying a teaching license or

revoking a teaching license unless the court finds that the individual was not convicted

of a crime against a child or a sexual offense or that the conviction was overturned on

appeal.

4. The board may impose a fee against a licensee as reimbursement for all or part of the

costs of administrative actions that result in disciplinary action against the licensee

under this section.

5. As used in this section:

a. "Conviction" means a finding of guilt, a guilty plea, a plea of no contest, a plea of

nolo contendere, a judgment of conviction even though the court suspended

execution of sentence in accordance with subsection 3 of section 12.1-32-02, or a

deferred imposition of sentence in accordance with subsection 4 of section

12.1-32-02 or an equivalent statute. The term does not include a finding of guilt

overturned on appeal.

b. "Crime against a child" means violation of section 12.1-16-01, 12.1-16-02,

12.1-16-03, 12.1-16-04, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04,

12.1-17-05, 12.1-17-06, 12.1-17-07, 12.1-17-07.1, 12.1-17-10, 12.1-18-01,

12.1-18-02, 12.1-18-03, 12.1-29-01, 12.1-29-02, or 12.1-29-03, or an equivalent

federal law or local ordinance, in which the victim is a minor or is otherwise of the

age required for the act to be a crime or an attempt to commit these offenses.

c. "Sexual offense" means a violation of section 12.1-20-03, 12.1-20-03.1,

12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-07, 12.1-20-11,

12.1-20-12.1, 12.1-20-12.2, or 12.1-20-12.3, or chapter 12.1-27.2, or an

equivalent federal law or local ordinance.
N.D. Cent. Code § 15.1-09-33.2 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-33.2
15.1-09-33.2. Continuing education - Payment - Directives
Status: in_force

15.1-09-33.2. Continuing education - Payment - Directives

A school board's right to reimburse teachers for the cost of continuing education activities

undertaken in connection with the Every Student Succeeds Act of 2015 may not be contractually

curtailed.
N.D. Cent. Code § 15.1-36-07 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-07
15.1-36-07. School construction loans - Bank of North Dakota
Status: repealed

15.1-36-07. School construction loans - Bank of North Dakota

Repealed by S.L. 2017, ch. 368, § 9.
N.D. Cent. Code § 15.1-12-09.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-09.1
15.1-12-09.1. Reorganization plan - General fund mill levy
Status: in_force

15.1-12-09.1. Reorganization plan - General fund mill levy

A reorganization plan may provide that the general fund mill levy applicable to property in

those participating districts having a general fund mill levy that is lower than the proposed

general fund mill levy for the reorganized district may be raised incrementally, over a period not

to exceed five years, to the level proposed for the reorganized district.
N.D. Cent. Code § 15.1-25-02 — ND Code / Title 15.1 / Chapter 15.1-25 / Section 15.1-25-02
15.1-25-02. Permission to enroll - Notification - Credits
Status: in_force

15.1-25-02. Permission to enroll - Notification - Credits

Before enrolling in a course for credit under this chapter, the student must obtain written

permission from the student's school district superintendent. The student's school district

superintendent shall determine the number of credits for which the student is eligible and shall

include the number of credits on the document granting permission required by this section. For

purposes of determining credit, a three-semester-hour course offered by a postsecondary

institution is equivalent to a full semester high school course. Upon the student's successful

completion of the course, the postsecondary institution shall notify the student's school district

superintendent of that fact.
N.D. Cent. Code § 15.1-21-06 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-06
15.1-21-06. Goals 2000 - Participation voluntary
Status: repealed

15.1-21-06. Goals 2000 - Participation voluntary

Repealed by S.L. 2021, ch. 139, § 1.
N.D. Cent. Code § 15.1-07-28 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-28
15.1-07-28. Educational association - Joint powers agreement - Review by superintendent of public instruction - Criteria
Status: repealed

15.1-07-28. Educational association - Joint powers agreement - Review by

superintendent of public instruction - Criteria.

Repealed by S.L. 2007, ch. 163, § 58, and by S.L. 2007, ch. 162, § 18.
N.D. Cent. Code § 15.1-07-01 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-01
15.1-07-01. School district - Corporate powers
Status: in_force

15.1-07-01. School district - Corporate powers

1. Each school district in this state is a public school district governed by the provisions of

this title. Each school district is a body corporate. Each school district may sue and be

sued, contract, and convey any real and personal property that comes into its

possession.

2. The board of education of the city of Fargo is a body corporate. It has the power to sue

and be sued and to contract with others. It possesses all the powers usual and

incidental to a body corporate.
N.D. Cent. Code § 15.1-09-42 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-42
15.1-09-42. Educational meetings - Attendance by school district personnel
Status: repealed

15.1-09-42. Educational meetings - Attendance by school district personnel

Repealed by S.L. 2005, ch. 167, § 36.
N.D. Cent. Code § 15.1-09-07 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-07
15.1-09-07. School district election - Conduct
Status: in_force

15.1-09-07. School district election - Conduct

Unless otherwise provided by law, a school district election must be conducted and the

votes must be canvassed in the same manner as in the election of county officers.
N.D. Cent. Code § 15.1-32-11 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-11
15.1-32-11. School district records - Students with disabilities
Status: in_force

15.1-32-11. School district records - Students with disabilities

Each school district shall make and keep current a record of all students with disabilities

who are residents of the district.
N.D. Cent. Code § 15.1-27-07 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-07
15.1-27-07. Per student payments - Weighting factors - Elementary school students
Status: repealed

15.1-27-07. Per student payments - Weighting factors - Elementary school students

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-02-18.2 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-18.2
15.1-02-18.2. State agencies - Mandatory provision of information - Confidentiality
Status: repealed

15.1-02-18.2. State agencies - Mandatory provision of information - Confidentiality

Repealed by S.L. 2015, ch. 141, § 9.
N.D. Cent. Code § 15.1-19-06 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-06
15.1-19-06. Abortion referrals
Status: in_force

15.1-19-06. Abortion referrals

1. No person while acting in an official capacity as an employee or agent of a school

district may refer a student to another person, agency, or entity for the purpose of

obtaining an abortion. This provision does not extend to private communications

between the employee or agent and a child of the employee or agent.

2. Between normal childbirth and abortion, it is the policy of the state of North Dakota that

normal childbirth is to be given preference, encouragement, and support by law and by

state action. A person acting in an official capacity as an employee or agent of a school

district, between normal childbirth and abortion, shall give preference, encouragement,

and support to normal childbirth. No public school in the state may endorse or support

any program that, between normal childbirth and abortion, does not give preference,

encouragement, and support to normal childbirth. No public school of the state may

authorize a presentation to students that, between normal childbirth and abortion, does

not give preference, encouragement, and support to normal childbirth.
N.D. Cent. Code § 15.1-02-16 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-16
15.1-02-16. Superintendent of public instruction - Issuance of credentials to teachers and administrators
Status: in_force

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

and administrators.

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

1. Credentials for teachers of driver's education;

2. Credentials for teachers of early childhood special education;

3. Credentials for elementary school principals;

4. Credentials for teachers of students who are emotionally disturbed;

5. Credentials for teachers of students who are gifted and talented;

6. Credentials for secondary school principals;

7. Credentials for library media;

8. Credentials for teachers of title I;

9. Credentials for teachers of students who have intellectual disabilities;

10. Credentials for teachers of students who are physically disabled;

11. Credentials for coordinators of programs for students with limited English proficiency;

12. Credentials for school counselors;

13. Credentials for special education directors;

14. Credentials for special education strategists;

15. Credentials for teachers of students who have specific learning disabilities;

16. Credentials for superintendents;

17. Credentials for teachers of students who have vision impairments;

18. Credentials for teachers of students who are deaf or hard of hearing;

19. Credentials for specialists trained in dyslexia;

20. Credentials for teachers of computer and cyber science;

21. Certificates of completion for special education technicians;

22. Certificates of completion for paraprofessionals; and

23. Certificates of completion for school health technicians.
N.D. Cent. Code § 15.1-27-33 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-33
15.1-27-33. Nonoperating school districts - Education of students - State payments
Status: repealed

15.1-27-33. Nonoperating school districts - Education of students - State payments

Repealed by S.L. 2005, ch. 172, § 1.
N.D. Cent. Code § 15.1-07-25.2 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-25.2
15.1-07-25.2. School district records - Retention
Status: in_force

15.1-07-25.2. School district records - Retention

1. A school district shall permanently retain the minutes of each school board meeting.

2. Unless otherwise provided by law, a school district shall retain payroll records and

records of revenues and expenditures for a period of five years.

3. A school district may consult with the state archivist before disposing of records in

order to determine whether the records may have any archival value.
N.D. Cent. Code § 15.1-09-38 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-38
15.1-09-38. Duties of school board - Employment of relatives
Status: repealed

15.1-09-38. Duties of school board - Employment of relatives

Repealed by S.L. 2003, ch. 151, § 2.
N.D. Cent. Code § 15.1-32-16 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-16
15.1-32-16. Transportation services
Status: in_force

15.1-32-16. Transportation services

If a student's individualized education program or services plan requires the provision of

transportation services, the student's school district of residence shall provide the services by

any reasonably prudent means, including a regularly scheduled schoolbus, public transit,

commercial transportation, chartered or other contracted transportation, and transportation

provided by the student's parent or other responsible party.
N.D. Cent. Code § 15.1-18-11 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-11
15.1-18-11. Rural school districts - Federal flexibility
Status: in_force

15.1-18-11. Rural school districts - Federal flexibility

The education standards and practices board may extend the effective dates for any

provision in this chapter if the United States secretary of education by rule, policy, or guidance

authorizes such extension.
N.D. Cent. Code § 15.1-10-02 — ND Code / Title 15.1 / Chapter 15.1-10 / Section 15.1-10-02
15.1-10-02. County committee - Chairman - Meetings
Status: in_force

15.1-10-02. County committee - Chairman - Meetings

The members of the county committee shall elect one member to serve as chairman for one

year and until a successor is chosen. Meetings of the committee must be held upon the call of

the chairman or a majority of the committee members.
N.D. Cent. Code § 15.1-27-01 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-01
15.1-27-01. Payments to school districts - Distribution
Status: in_force

15.1-27-01. Payments to school districts - Distribution

1. The superintendent of public instruction shall estimate the total state payments to

which a school district is entitled each year.

2. The superintendent of public instruction shall pay each district ten percent of the

amount determined under subsection 1, within the limits of legislative appropriation, on

or before August first and September first of each year. The superintendent shall pay

each school district twenty percent of that amount, within the limits of legislative

appropriation, on or before October first of each year.

3. The superintendent of public instruction shall estimate the amount that, in addition to

the payments already made, is necessary to constitute the remainder of the amount

due each district for the current school year.

4. On or before November first, the superintendent of public instruction shall pay to each

district, within the limits of legislative appropriation, an amount that, in addition to the

above payments, constitutes sixty percent of the sum due under this chapter.

5. On or before the first day of December, January, February, March, and April, payments

equal to twenty percent of the total remaining payments must be made to each district.

6. If funds appropriated for distribution to districts as state aid become available after

April first, the superintendent of public instruction shall distribute the newly available

payments on or before June thirtieth.
N.D. Cent. Code § 15.1-23-14 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-14
15.1-23-14. Child with a developmental disability - Home education
Status: in_force

15.1-23-14. If at any time the services plan team agrees the child is not making

adequate progress or maintaining progress made based on academic ability, the team

shall notify the superintendent of the child's school district of residence and request the

child be evaluated by a multidisciplinary team appointed by the superintendent of the

child's school district of residence.

2. The superintendent of the child's school district of residence shall forward copies of all

documentation required by this section to the superintendent of public instruction.
N.D. Cent. Code § 15.1-04.1-04 — ND Code / Title 15.1 / Chapter 15.1-04.1 / Section 15.1-04.1-04
15.1-04.1-04. Military family education liaison - Appointment - Duties
Status: in_force

15.1-04.1-04. Military family education liaison - Appointment - Duties

The state council on educational opportunity for military children shall appoint a military

family education liaison to assist military families and the state in facilitating the implementation

of the compact on educational opportunity for military children.
N.D. Cent. Code § 15.1-09.1-11 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-11
15.1-09.1-11. Rights of employees
Status: in_force

15.1-09.1-11. Rights of employees

Any individual employed by the board of a regional education association has the same

statutory rights as those accorded to an individual employed by a public school district for the

same purpose.
N.D. Cent. Code § 15.1-06-21 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-21
15.1-06-21. Transgender student accommodations - Restroom use - Enforcement - Penalty
Status: in_force

15.1-06-21. Transgender student accommodations - Restroom use - Enforcement -

Penalty.

1. A board of a school district, public school, or public school teacher may not adopt a

policy or guidelines, whether implicit or explicit, requiring or prohibiting an individual

from using a student's preferred gender pronoun.

2. A board of a school district shall establish, with the approval of the parent or legal

guardian, a plan for the use of a separate restroom accommodation for a transgender

student.

3. A board of a school district or a public school shall prohibit a student from using a

restroom that does not coincide with the student's biological sex.

4. A restroom or shower room on school grounds, which is accessible by multiple

individuals at one time, must be designated for use exclusively for males or exclusively

for females and may be used only by members of the designated sex. Multi-stall

gender neutral restrooms and shower rooms are prohibited. This subsection does not

apply to a restroom in existence on July 1, 2025.

5. Notwithstanding subsection 4:

a. An individual may use a restroom in accordance with the federal Individuals with

Disabilities Education Act of 1990 [20 U.S.C. 1400 et seq.], section 504 of the

federal Rehabilitation Act of 1973 [29 U.S.C. 794], the federal Americans with

Disabilities Act [42 U.S.C. 12131 et seq.]; and

b. A public school may change the designation of a restroom or shower room from

one designated sex to the other designated sex to accommodate a school-

sponsored event.

6. Unless otherwise required by law, a school district, public school, or public school

teacher may not:

a. Adopt a policy or guidelines, whether implicit or explicit, concerning a particular

student's transgender status without approval from the student's parent or legal

guardian; or

b. Withhold or conceal information about a student's transgender status from the

student's parent or legal guardian.

7. The parent of a student in a school district may submit a complaint to the school

district, in the manner prescribed by the school district policy, if the school district

appears to the parent to be violating this section.

8. After the parent has made a complaint under subsection 7, if it appears to the parent

the school district is violating this section, the parent may submit a complaint to the

attorney general.

9. Upon receipt of a complaint under subsection 8, the attorney general shall enforce this

section and may conduct investigations by:

a. Examining under oath any individual responsible for an alleged violation of this

section.

b. Issuing subpoenas.

c. Applying to a district court for an order enforcing the subpoena or other

investigation demand.

10. For a violation of this section, the attorney general may seek and obtain a declaratory

judgment or injunction in district court which prohibits the board of a school district, a

public school, or a public school teacher from continuing the unlawful practice.

11. The court may assess a civil penalty in an amount not to exceed two thousand five

hundred dollars for each violation of this section.
N.D. Cent. Code § 15.1-07-08 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-08
15.1-07-08. School district funds - Transfers
Status: in_force

15.1-07-08. School district funds - Transfers

At the time of preparing the annual budget, a school board, by resolution, may transfer from

the general fund of the district the amount of money, in whole or in part, by which the balance in

the general fund exceeds the amount that would be required for the general reserve fund in the

ensuing fiscal year, into any sinking funds of the district established and held for the payment of

outstanding bonds.
N.D. Cent. Code § 15.1-13-17.1 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-17.1
15.1-13-17.1. Members of the military - Military spouses
Status: in_force

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

1. Notwithstanding contrary provisions of this chapter regarding licensure and licensure

renewal, sections 43-51-11 and 43-51-11.1, regarding licensure renewal of a military

member and licensure of a military spouse, apply to a license issued or renewed under

this chapter.

2. Rules adopted by the board under this chapter must comply with sections 43-51-11

and 43-51-11.1.
N.D. Cent. Code § 15.1-38-01 — ND Code / Title 15.1 / Chapter 15.1-38 / Section 15.1-38-01
15.1-38-01. English language learners - Program of instruction
Status: in_force

15.1-38-01. English language learners - Program of instruction

Each school district shall provide a program of instruction for students who are English

language learners. The program may be provided by a school district or in conjunction with one

or more districts.
N.D. Cent. Code § 15.1-15-08 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-08
15.1-15-08. Discharge for cause - Hearing
Status: in_force

15.1-15-08. Discharge for cause - Hearing

1. If the board of a school district contemplates the discharge for cause of an individual

employed as a teacher, a principal, or as an assistant or associate superintendent

before the expiration of the individual's contract, the board shall petition the director of

the office of administrative hearings for appointment of an administrative law judge to

preside over the hearing. The administrative law judge shall set the time and place of

the hearing, direct the board to publish notice of the hearing, and direct the board to

provide to the individual a list of charges at least five days before the hearing.

2. Except as otherwise provided in this section, the hearing must be conducted in

accordance with chapter 28-32.

3. Unless otherwise agreed to by the board and the individual, the administrative law

judge shall close the hearing, except for the parties, their legal representatives,

witnesses, three invitees requested by the individual, and three invitees requested by

the board.

4. The individual subject to the discharge may request one continuance. If a continuance

is requested, the administrative law judge shall grant the continuance not in excess of

seven days. Upon a showing of good cause by the individual, the administrative law

judge may grant a continuance in excess of seven days.

5. No cause of action for libel or slander may be brought regarding any communication

made in an executive session of the board held for the purposes provided in this

section.

6. At the conclusion of the hearing, the administrative law judge shall provide all evidence

presented at the hearing to the board in order that the board may make a

determination regarding the discharge.

7. A determination of the board under this section may be appealed to the district court.

8. All costs of the services provided by the administrative law judge, including

reimbursement for expenses, are the responsibility of the board.
N.D. Cent. Code § 15.1-09.1-01 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-01
15.1-09.1-01. Definition
Status: in_force

15.1-09.1-01. Definition

For purposes of this chapter, "regional education association" means a group of school

districts that have entered a joint powers agreement that has been reviewed by the

superintendent of public instruction and verified as meeting the requirements of section

15.1-09.1-02.
N.D. Cent. Code § 15.1-38-01.1 — ND Code / Title 15.1 / Chapter 15.1-38 / Section 15.1-38-01.1
15.1-38-01.1. English language learner - Definition
Status: in_force

15.1-38-01.1. English language learner - Definition

English language learner means a student who:

1. Is at least five years of age but has not reached the age of twenty-one before August

first of the year of enrollment;

2. Is enrolled in a school district in this state;

3. Has a primary language other than English or comes from an environment in which a

language other than English significantly impacts the individual's level of English

language proficiency; and

4. Has difficulty speaking, reading, writing, and understanding English, as evidenced by a

language proficiency test approved by the superintendent of public instruction and

aligned to the state English language proficiency standards and the state language

proficiency test.
N.D. Cent. Code § 15.1-21-22 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-22
15.1-21-22. Required reading of historical documents
Status: in_force

15.1-21-22. Required reading of historical documents

Before a student is deemed to have successfully completed either United States

government or problems of democracy, as required by section 15.1-21-02.1, the student's

school district shall ensure that the student has read the Declaration of Independence, the

United States Constitution, and the Bill of Rights.
N.D. Cent. Code § 15.1-35-05 — ND Code / Title 15.1 / Chapter 15.1-35 / Section 15.1-35-05
15.1-35-05. Accounts and records - Rules - Reporting - Availability
Status: in_force

15.1-35-05. Accounts and records - Rules - Reporting - Availability

The superintendent of public instruction shall adopt rules regarding recordkeeping,

accounting, and reporting by any public or private entity participating in a child nutrition or food

distribution program. All accounts and records must be available for inspection and audit at any

time by authorized officials and must be preserved for the period of time prescribed by the

superintendent of public instruction. The superintendent of public instruction shall conduct or

cause to be conducted audits, inspections, and administrative reviews of accounts, records, and

operations with respect to child nutrition and food distribution programs, as necessary to

determine whether the participants are complying with the terms of any contracts entered under

this chapter, to determine whether the participants are following the rules adopted under this

chapter, and to ensure that child nutrition and food distribution programs are effectively

administered.
N.D. Cent. Code § 15.1-19-29 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-29
15.1-19-29. Mandated reporter of suspected child abuse or neglect - Training
Status: repealed

15.1-19-29. Mandated reporter of suspected child abuse or neglect - Training

Repealed by S.L. 2025, ch. 171, § 2.
N.D. Cent. Code § 15.1-29-02.1 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-02.1
15.1-29-02.1. Cross-border attendance - Contract with South Dakota
Status: in_force

15.1-29-02.1. Cross-border attendance - Contract with South Dakota

1. A student who resides in a North Dakota school district contiguous to the South

Dakota border may attend school in South Dakota, and a student who resides in a

South Dakota school district contiguous to the North Dakota border may attend school

in North Dakota, provided the superintendent of public instruction has entered into a

contract with the secretary of the South Dakota department of education for the

cross-border attendance of eligible students.

2. A contract entered under subsection 1 must set forth:

a. An application procedure;

b. Causes for denial of an application; and

c. The manner and notification of acceptance.

3. A contract entered under subsection 1 must authorize the superintendent of public

instruction to count any South Dakota student participating in cross-border attendance

under this section for the purposes of determining the amount of state aid to which a

school district in this state is entitled. The superintendent of public instruction may not

count a North Dakota student participating in cross-border attendance in accordance

with the contract for purposes of determining the amount of state aid to which a school

district in this state is entitled.

4. A contract entered under subsection 1 must provide that if there are more students

from North Dakota than South Dakota participating in cross-border attendance under

this section, the superintendent of public instruction shall forward to the secretary of

the South Dakota department of education, on behalf of each excess student, an

amount annually agreed to by the superintendent and the secretary as reflecting the

average cost of education per student in the school districts participating in

cross-border attendance in accordance with the contract. The contract must also

provide that if there are more students from South Dakota than North Dakota

participating in cross-border attendance under this section, the secretary shall forward

to the superintendent, on behalf of each excess student, an amount annually agreed to

by the superintendent and the secretary as reflecting the average cost of education

per student in the school districts participating in cross-border attendance in

accordance with the contract. The superintendent shall pay the cost of cross-border

attendance from funds appropriated by the legislative assembly for state aid to

schools. Payments received by the superintendent under this subsection shall be

deposited in the general fund.

5. A student who requires special education services may participate in cross-border

attendance under this section, provided the contract entered under subsection 1 sets

forth each school district's and each state's responsibilities for payment of any excess

costs incurred as a result of providing the services to the student.

6. Each school district may provide transportation to students participating in

cross-border attendance under this section. However, the superintendent of public

instruction may include only transportation provided within this state for purposes of

determining the state transportation aid to which a district is entitled.

7. Sections 15.1-29-01 through 15.1-29-13 do not apply to students participating in

cross-border attendance under this section.
N.D. Cent. Code § 15.1-23-06 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-06
15.1-23-06. Home education - Required monitoring of progress
Status: in_force

15.1-23-06. Home education - Required monitoring of progress

A parent who does not meet the qualifications provided in section 15.1-23-03 may supervise

home education but must be monitored in accordance with section 15.1-23-07 for the first two

years. If a child receiving home education obtains a basic composite standardized achievement

test score below the fiftieth percentile nationally, the parent must be monitored for at least one

additional school year and until the child receives a test score at or above the fiftieth percentile.

If testing is not required by section 15.1-23-07 during the first two years of monitoring, the period

of monitoring may not be extended, except upon the mutual consent of the parent and the

monitor. If a parent completes the monitoring requirements of this section for one child, the

parent may not be monitored with respect to other children for whom the parent supervises

home education.
N.D. Cent. Code § 15.1-13-05 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-05
15.1-13-05. Officers
Status: in_force

15.1-13-05. Officers

The board annually shall select a chairman and a vice chairman. The executive director of

the board or the executive director's designee shall serve as secretary.
N.D. Cent. Code § 15.1-14-10 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-10
15.1-14-10. School district superintendent - Nonrenewal of contract - Hearing
Status: in_force

15.1-14-10. School district superintendent - Nonrenewal of contract - Hearing

1. At the hearing required by section 15.1-14-09, the board of the school district shall

present testimony or documentary evidence to substantiate the reasons for the

contemplated nonrenewal of a superintendent who has been employed by the board in

that position for at least two consecutive years.

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

reasons for nonrenewal.

3. Each witness appearing on behalf of the board of the school district or the

superintendent may be questioned for the purpose of clarification.

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

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

a. The superintendent may invite to the hearing any two representatives to speak on

behalf of the superintendent and may invite the superintendent's spouse or one

other family member.

b. The board may invite to the hearing any two representatives to speak on behalf of

the board and may invite the school district business manager.

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

attributable to that representation are the responsibility of the superintendent.

6. If a continuance is requested by the superintendent, 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 superintendent, the board shall provide

written notice of its decision to the superintendent on or before May first.
N.D. Cent. Code § 15.1-19-05 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-05
15.1-19-05. Birth control device - Distribution - Restriction
Status: in_force

15.1-19-05. Birth control device - Distribution - Restriction

No person while acting in an official capacity as an employee or agent of a school district

may distribute a birth control device to a student. This section does not apply to the distribution

of a birth control device by an employee or agent to a child of that employee or agent.
N.D. Cent. Code § 15.1-21-02.2 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-02.2
15.1-21-02.2. High school graduation - Minimum requirements
Status: in_force

15.1-21-02.2. High school graduation - Minimum requirements

1. Except as provided in section 15.1-21-02.3 and subsection 2, the following twenty-two

units of high school coursework constitute the minimum requirement for high school

graduation:

a. Four units of English language arts from a sequence that includes literature,

composition, and speech;

b. Three units of mathematics, which may include one unit of computer science

approved by the superintendent of public instruction;

c. Three units of science, consisting of:

(1) (a) One unit of biology;

(b) One unit of chemistry; and

(c) One unit of physics; or

(2) (a) One unit of biology;

(b) One unit of physical science; and

(c) One unit or two one-half units of any other science which may include

one unit of computer science or cybersecurity approved by the

superintendent of public instruction;

d. Three units of social studies, including:

(1) One unit of United States history, including Native American tribal history;

(2) (a) One-half unit of United States government and one-half unit of

economics; or

(b) One unit of problems of democracy; and

(3) One unit or two one-half units of any other social studies, which may include

civics, civilization, geography and history, multicultural studies, North Dakota

studies, psychology, sociology, and world history;

e. (1) One unit of physical education; or

(2) One-half unit of physical education and one-half unit of health;

f. Three units of:

(1) Foreign languages;

(2) Native American languages;

(3) Fine arts; or

(4) Career and technical education courses;

g. Any five additional units; and

h. One unit of computer science or cybersecurity whether under subdivision b, c, or

both.

i. The requirements of subdivision h are waived if the student has completed a

computer science and cybersecurity integration plan approved by the school

board.

2. If approved by the board of a school district or nonpublic school, a school district or

nonpublic school may:

a. Develop eligibility criteria or programmatic requirements to allow a passing score

on the relevant portions of the GED assessment to receive credit for the

corresponding requirements of subdivisions a through d of subsection 1.

b. Establish a policy to allow a student to receive credit for no more than one unit

under subsection 1 for completing an alternative course, including an elective

course or dual-credit course, if the student demonstrates an emergent

circumstance.
N.D. Cent. Code § 15.1-09-21 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-21
15.1-09-21. School district elections - Expenses
Status: in_force

15.1-09-21. School district elections - Expenses

A school district is responsible for the payment of all expenses incurred as a result of a

school district election.
N.D. Cent. Code § 15.1-21-01 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-01
15.1-21-01. Elementary and middle schools - Required instruction (Effective through July 31, 2027)
Status: in_force

15.1-21-01. Elementary and middle schools - Required instruction. (Effective through

July 31, 2027)

To be approved by the superintendent of public instruction, each public and nonpublic

elementary and middle school shall:

1. Provide to students instruction in:

a. English language arts, including reading, composition, creative writing, English

grammar, and spelling.

b. Mathematics.

c. Social studies, including:

(1) The United States Constitution;

(2) United States history;

(3) Geography;

(4) Government; and

(5) North Dakota studies, with an emphasis on geography, history, the federally

recognized Indian tribes in the state, and agriculture of this state, in the

fourth and eighth grades.

d. Science, including agriculture.

e. Physical education.

f. Health, including physiology, hygiene, disease control, and the nature and effects

of alcohol, tobacco, and narcotics.

g. Computer science, including cybersecurity.

2. Develop a computer science and cybersecurity integration plan to ensure introduction

to foundational computer science and cybersecurity knowledge. The board of a public

school or school district shall approve a plan by July 1, 2024.

Elementary and middle schools - Required instruction. (Effective after July 31, 2027)

To be approved by the superintendent of public instruction, each public and nonpublic

elementary and middle school shall:

1. Provide to students instruction in:

a. English language arts, including reading, composition, creative writing, English

grammar, and spelling.

b. Mathematics.

c. Social studies, including:

(1) The United States Constitution;

(2) United States history;

(3) Geography;

(4) Government; and

(5) North Dakota studies, with an emphasis on geography, history, the federally

recognized Indian tribes in the state, and agriculture of this state, in the

fourth and eighth grades.

d. Science, including agriculture.

e. Physical education, including requiring participation in the presidential physical

fitness test. The superintendent of public instruction may establish criteria for and

exceptions to the presidential physical fitness test, in alignment with federal

guidance.

f. Health, including physiology, hygiene, disease control, and the nature and effects

of alcohol, tobacco, and narcotics.

g. Computer science, including cybersecurity.

2. Develop a computer science and cybersecurity integration plan to ensure introduction

to foundational computer science and cybersecurity knowledge. The board of a public

school or school district shall approve a plan by July 1, 2024.
N.D. Cent. Code § 15.1-40-13 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-13
15.1-40-13. Public charter school performance report - Renewal responsibilities
Status: in_force

15.1-40-13. Public charter school performance report - Renewal responsibilities

1. The superintendent of public instruction shall issue a public charter school

performance report for each five-year term of a charter performance agreement no

later than seventy-five days before a public charter school's fourth year of operation

begins.

2. The report must include renewal application guidance, as needed, and notice of any

concerns that may jeopardize the public charter school's position in seeking renewal if

not timely rectified.

3. A public charter school must be given at least thirty days to respond to the

performance report and submit any corrections or clarifications for the report.
N.D. Cent. Code § 15.1-13-34 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-34
15.1-13-34. Approval of theological studies instructors
Status: in_force

15.1-13-34. Approval of theological studies instructors

The board shall approve an individual to be an instructor of theological studies upon receipt

of the application and fees required under section 15.1-13-11 and pending completion of the

background check required by section 15.1-13-14, if the individual:

1. Holds a baccalaureate degree; and

2. Is recommended for approval as an instructor of theological studies by the governing

board of a nonpublic school offering a theological studies course.
N.D. Cent. Code § 15.1-02-13 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-13
15.1-02-13. School district employee compensation report
Status: in_force

15.1-02-13. School district employee compensation report

1. Before September eleventh of each year, each school district shall report the following

information to the superintendent of public instruction, with respect to each teacher

and class of teachers and with respect to each administrator and class of

administrators:

a. The number of days each was employed during the preceding school year.

b. The base salaries.

c. The amount of compensation provided for extended contracts.

d. The amount of compensation provided for cocurricular activities.

e. The amount expended for contract buyouts.

f. The amount of compensation provided in lieu of salaries.

g. The amount paid for signing bonuses.

h. The amount of compensation provided for substitute teaching and workload

adjustment.

i. The amount of compensation provided for any other purposes.

j. The amount expended for health insurance benefits.

k. The amount expended for dental, vision, and cancer insurance benefits.

l. The amount expended for life and long-term disability insurance benefits.

m. The amount of retirement contributions and assessments, including individual

shares if paid by the district.

n. The district's share of Federal Insurance Contributions Act taxes.

o. The amount of dues or membership fees paid by the district.

p. Any other benefits provided by the district.

2. In addition to the requirements of subsection 1, each school district shall also indicate:

a. Whether each teacher and administrator is employed on a full-time or a part-time

basis.

b. The number of days used to determine the base salary of each teacher and

administrator.

3. The superintendent of public instruction shall:

a. Compile the information required by this section in a manner that allows for

accurate comparisons; and

b. Forward a copy of the compiled information to the governor and the legislative

council.

4. The superintendent of public instruction may not expand the reporting requirements of

this section.

5. If any school district fails without good cause to provide the information required by

this section on or before September tenth and in the manner directed by the

superintendent of public instruction, the superintendent shall withhold all state aid until

the information is received.

6. For purposes of this section:

a. "Administrator" includes an individual who is employed by a school district in an

administrative position and who is classified by the superintendent of public

instruction as:

(1) A class 67 school district superintendent;

(2) A class 66 assistant or associate superintendent;

(3) A class 53 principal;

(4) A class 05 assistant principal;

(5) A class 29 director, including a special education director and a career and

technical education director;

(6) A class 04 assistant director; and

(7) Any other individual whose position requires an administrator's credential.

b. "Teacher" means an individual, other than an administrator, who is licensed to

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

the education standards and practices board and who is employed by the board

of a school district in a position classified by the superintendent of public

instruction as:

(1) A class 22 coordinator;

(2) A class 37 guidance counselor or school counselor;

(3) A class 38 guidance counselor designate;

(4) A class 40 instructional programmer;

(5) A class 41 library media specialist;

(6) A class 56 pupil personnel service provider;

(7) A class 59 school psychologist;

(8) A class 62 speech-language pathologist;

(9) A class 68 supervisor;

(10) A class 70 teacher or special education teacher; or

(11) A class 72 tutor in training.
N.D. Cent. Code § 15.1-24-01 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-01
15.1-24-01. Chemical abuse prevention program - Rules
Status: in_force

15.1-24-01. Chemical abuse prevention program - Rules

1. The superintendent of public instruction shall adopt rules regarding the implementation

of chemical abuse prevention programs in this state's schools. The rules may include:

a. Community involvement through a citizens' advisory committee.

b. An assessment of services and resources available locally.

c. An assessment of student and staff needs.

d. The coordination of activities with public and private entities.

e. The development of an implementation plan.

f. An evaluation mechanism.

g. The development of a budget to fund the program.

2. If funds are appropriated or otherwise become available, the superintendent shall call

for and review school district applications for development of a program. School

districts may apply for funds independently or jointly. The superintendent shall award

the funds according to the merit of each application.

3. The superintendent shall develop a plan for the coordination of services with other

agencies, including the department of health and human services, the department of

transportation, and law enforcement agencies.
N.D. Cent. Code § 15.1-09-33 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-33
15.1-09-33. School board - Powers
Status: in_force

15.1-09-33. School board - Powers

The board of a school district may:

1. Establish a system of free public schools for all children of legal school age residing

within the district.

2. Organize, establish, operate, and maintain elementary, middle, and high schools.

3. Have custody and control of all school district property and, in the case of the board of

education of the city of Fargo, have custody and control of all public school property

within the boundaries of the Fargo public school district and to manage and control all

school matters.

4. Acquire real property and construct school buildings and other facilities.

5. Relocate or discontinue schools and liquidate the assets of the district as required by

law; provided no site may be acquired or building constructed, or no school may be

organized, established, operated, maintained, discontinued, or changed in location

without the approval of the state board of public school education if outside the

boundary of the district.

6. Purchase, sell, exchange, and improve real property.

7. Lease real property for a maximum of one year except in the case of:

a. A career and technical education facility constructed in whole or in part with

financing acquired under chapter 40-57, which may be leased for up to twenty

years; or

b. A lease for the installation of a wireless telecommunications facility, which may be

leased for up to twenty years.

8. Subject to chapter 32-15, exercise the power of eminent domain to acquire real

property for school purposes.

9. Purchase, sell, exchange, improve, and lease for up to one year equipment, furniture,

supplies, and textbooks.

10. Recruit or contract with others to recruit homes and facilities which provide boarding

care for special education students.

11. Provide dormitories for the boarding care of special education students.

12. Insure school district property.

13. Independently or jointly with other school districts, purchase telecommunications

equipment or lease a telecommunications system or network.

14. Provide for the education of students by another school district.

15. Contract with federal officials for the education of students in a federal school.

16. Prescribe courses of study in addition to those prescribed by the superintendent of

public instruction or by law.

17. Adopt rules regarding the instruction of students, including their admission, transfer,

organization, grading, and government.

18. Join the North Dakota high school activities association and pay membership fees.

19. Adopt alternative curricula for high school seniors who require fewer than four

academic units.

20. Contract with, employ, and compensate school district personnel.

21. Contract with and provide reimbursement for the provision of teaching services by an

individual certified as an instructor in the areas of North Dakota American Indian

languages and culture by the education standards and practices board.

22. a. Suspend school district personnel;

b. Delegate to the superintendent of the district the authority to suspend school

district personnel, except as provided for in section 15.1-15-10; or

c. In the case of a district that does not employ a superintendent, delegate to the

individual charged with administering the district the authority to suspend school

district personnel, except as provided for in section 15.1-15-10.

23. Dismiss school district personnel.

24. Participate in group insurance plans and pay all or part of the insurance premiums.

25. Contract for the services of a district superintendent, provided that the contract, which

may be renewed, does not exceed a period of three years.

26. Contract for the services of a principal.

27. Employ an individual to serve as the school district business manager or contract with

any person to perform the duties assigned to a school district business manager by

law.

28. Dismiss a school district business manager for cause without prior notice.

29. Dismiss a school district business manager without cause with thirty days' written

notice.

30. Defray the necessary and contingent expenses of the board.

31. Levy a tax upon property in the district for school purposes, as permitted in

accordance with chapter 57-15.

32. Amend and certify budgets and tax levies, as provided in title 57.

33. Pay dues allowing for the board to hold membership in city, county, state, and national

organizations and associations.

34. Designate, at its annual meeting, a newspaper of general circulation as the official

newspaper of the district.

35. Authorize schools within the district to display the ten commandments with a display of

other historical documents in the school and in a classroom.
N.D. Cent. Code § 15.1-11-03 — ND Code / Title 15.1 / Chapter 15.1-11 / Section 15.1-11-03
15.1-11-03. County superintendent of schools - Salary
Status: in_force

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

The county superintendent of schools is entitled to receive a salary, as determined under

section 11-10-10.
N.D. Cent. Code § 15.1-19-03 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-03
15.1-19-03. Period of silence
Status: repealed

15.1-19-03. Period of silence

Repealed by S.L. 2001, ch. 187, § 2.
N.D. Cent. Code § 15.1-13-07 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-07
15.1-13-07. Quorum - Revocation requirement
Status: in_force

15.1-13-07. Quorum - Revocation requirement

1. A majority of the board constitutes a quorum.

2. Except as otherwise provided in this section, a majority of the quorum at any meeting

has the authority to act upon any matter properly before the board.

3. At least five members of the board must consent to the revocation of an individual's

teaching license.
N.D. Cent. Code § 15.1-09.1-05 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-05
15.1-09.1-05. Regional education association - Provision of special education and related services - Student transportation - Coordination
Status: in_force

15.1-09.1-05. Regional education association - Provision of special education and

related services - Student transportation - Coordination.

A regional education association shall plan and coordinate the transportation of students

who are enrolled in its member districts and to whom it provides special education and related

services.
N.D. Cent. Code § 15.1-40-17 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-17
15.1-40-17. Local education agency status
Status: in_force

15.1-40-17. Local education agency status

A public charter school:

1. Is a local education agency for purposes related to the funding of special education

services within the limits of legislative appropriations.

2. Shall provide services to students in public charter schools as required by federal,

state, and local law and the charter performance agreement.
N.D. Cent. Code § 15.1-18.2-05 — ND Code / Title 15.1 / Chapter 15.1-18.2 / Section 15.1-18.2-05
15.1-18.2-05. Teacher support program - Establishment
Status: in_force

15.1-18.2-05. Teacher support program - Establishment

The education standards and practices board shall:

1. Establish and administer a teacher support program;

2. Employ an individual to serve as a teacher support program coordinator;

3. a. Select and train experienced teachers who will serve as mentors for first-year

teachers and assist the first-year teachers with instructional skills development; or

b. If a school district or other employing entity listed in section 15.1-18.2-07 is not in

need of mentors for its first-year teachers, select and train experienced teachers

who will work with school district administrators and administrators from the other

employing entities to identify the needs of the non-first-year teachers and help the

non-first-year teachers address their particular needs through the use of:

(1) Research-validated interventions; and

(2) Proven instructional methods.
N.D. Cent. Code § 15.1-02-22 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-22
15.1-02-22. Loans - Teacher shortages - Loan forgiveness
Status: in_force

15.1-02-22. Loans - Teacher shortages - Loan forgiveness

Expired under S.L. 2019, ch. 146, § 8
N.D. Cent. Code § 15.1-13-23 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-23
15.1-13-23. School guidance and counseling services - Providers
Status: in_force

15.1-13-23. School guidance and counseling services - Providers

Notwithstanding any other law, guidance and counseling services at the elementary and

secondary school level may be provided by a person holding a graduate degree in counseling

from a state-approved school counseling program, with coursework and an internship in school

counseling, as required for all counselors by the superintendent of public instruction, provided

the person has a North Dakota teaching license or will obtain one within seven years from the

date of first employment under this section. The board shall conduct a criminal history record

check in accordance with section 12-60-24 on each person hired under this section. All costs

associated with a background check are the responsibility of the person being hired. The board

shall monitor a person hired under this section to ensure that the person annually completes at

least one-seventh of the total credits required for that person to obtain a teaching license, as

determined at the time of employment under this section.
N.D. Cent. Code § 15.1-30-06 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-06
15.1-30-06. Transportation - Bids, contracts, bonds
Status: in_force

15.1-30-06. Transportation - Bids, contracts, bonds

1. Before the beginning of each school year, the board of a school district that provides

transportation shall contract for the provision of transportation services during the

school year. Except as provided in section 15.1-30-11, the board shall provide notice of

its intent to contract by publishing the time and place for submission of sealed bids in

the official newspaper of the school district at least ten days prior to the required date

of submission. The notice must:

a. Include the route to be covered by each contract;

b. Provide that the board reserves the right to reject any and all bids;

c. Provide that each successful bidder must submit in a separate envelope a bond

in an amount set by the board, provided that the amount of the bond must be at

least five hundred dollars;

d. Provide that the bond must be conditioned for the faithful performance of the

duties set forth in the contract; and

e. Provide that any bids submitted name the individual who will operate the vehicle

and describe the vehicle.

2. If the transportation vehicle is privately owned, the duration of the contract may not

exceed seven years.

3. This section does not apply to a school district that owns its own buses and employs

its own busdrivers.
N.D. Cent. Code § 15.1-27-44 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-44
15.1-27-44. Dissolved district - Continuation of equity payment
Status: repealed

15.1-27-44. Dissolved district - Continuation of equity payment

Repealed by S.L. 2015, ch. 137, § 38.
N.D. Cent. Code § 15.1-27-11 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-11
15.1-27-11. Equity payments
Status: repealed

15.1-27-11. Equity payments

Repealed by S.L. 2015, ch. 137, § 38.
N.D. Cent. Code § 15.1-15-09 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-09
15.1-15-09. Alleged child abuse - Discharge - Nonrenewal of contract - Limitations
Status: in_force

15.1-15-09. Alleged child abuse - Discharge - Nonrenewal of contract - Limitations

1. The board of a school district may not discharge or refuse to renew the contract of a

teacher, a principal, or an assistant or associate superintendent solely because a

report of suspected child abuse or neglect under section 50-25.1-05 alleges

participation by the individual.

2. If a report of suspected child abuse or neglect under section 50-25.1-05 alleges

participation by a teacher, a principal, or an assistant or associate superintendent, the

individual may be suspended pending the outcome of the case by:

a. The board of the employing school district;

b. The superintendent of the employing school district, if authorized in accordance

with subdivision b of subsection 22 of section 15.1-09-33; or

c. An individual charged with administering the district, if authorized in accordance

with subdivision c of subsection 22 of section 15.1-09-33.
N.D. Cent. Code § 15.1-27-31.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-31.1
15.1-27-31.1. State transportation payments to school districts
Status: repealed

15.1-27-31.1. State transportation payments to school districts

Repealed by S.L. 2025, ch. 196, § 4.
N.D. Cent. Code § 15.1-36-01 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-01
15.1-36-01. School construction projects - Approval
Status: in_force

15.1-36-01. School construction projects - Approval

1. Notwithstanding the powers and duties of school boards provided by law, the

superintendent of public instruction shall approve the construction, purchase, repair,

improvement, modernization, or renovation of any public school building or facility

before commencement of the project if the cost of the project, as estimated by the

school board, is in excess of one hundred fifty thousand dollars.

2. The superintendent of public instruction may not approve a project unless the school

district proposing the project:

a. Demonstrates the need for the project and the educational utility of the project or

demonstrates potential utilization of the project by a future reorganized school

district;

b. (1) Demonstrates that the student population has been stable or has increased

during the preceding five school years and is expected to be stable or to

increase during the ensuing five school years; or

(2) Demonstrates by clear and convincing evidence that, despite a declining

student population, there are no feasible alternatives to the proposed

project; and

c. Demonstrates the capacity to pay for the project under rules adopted by the

superintendent of public instruction pursuant to chapter 28-32.

3. a. If the superintendent of public instruction denies the project, the school board

may appeal the superintendent's decision to the state board of public school

education. In considering the appeal, the state board shall review:

(1) The need for the project;

(2) The educational utility of the project;

(3) The potential use of the project by a future reorganized school district;

(4) The capacity of the district to pay for the project; and

(5) Any other objective factors relative to the appeal.

b. The decision of the state board is final.

4. This section is applicable to any construction, purchase, repair, improvement,

renovation, or modernization.

5. For purposes of this chapter, "facility" includes a public school parking lot, public

school athletic complex, or any other improvement to real property owned by the

school district.
N.D. Cent. Code § 15.1-12-25 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-25
15.1-12-25. Nonoperating school district - Transportation
Status: in_force

15.1-12-25. Nonoperating school district - Transportation

The school board of the district to which a nonoperating district is attached shall provide

transportation to students residing within the boundaries of the attached land in the same

manner that transportation is provided to all other students in the district.
N.D. Cent. Code § 15.1-09.1-04 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-04
15.1-09.1-04. Regional education association - Provision of special education and related services - Powers
Status: in_force

15.1-09.1-04. Regional education association - Provision of special education and

related services - Powers.

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

1. Receive and expend state and federal moneys for the provision of special education

and related services to the students of its member districts;

2. Employ personnel necessary to carry out administrative services, itinerant instruction,

coordinative services, and related services; and

3. Receive and expend private and public moneys.
N.D. Cent. Code § 15.1-32-13 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-13
15.1-32-13. Related services - Insurance options - School district responsibility
Status: in_force

15.1-32-13. Related services - Insurance options - School district responsibility

Each school district shall obtain parental consent before accessing any family insurance

options, whether public or private, to pay for the cost of determining a student's medically

related disability and to pay for the provision of related services to the student, provided there is

no financial loss to the student or the student's parent. The school district is responsible for all

costs not covered by the family's insurance.
N.D. Cent. Code § 15.1-14-22 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-22
15.1-14-22. Multidistrict special education unit - Director - Employed for less than two years - Notification of nonrenewal
Status: in_force

15.1-14-22. Multidistrict special education unit - Director - Employed for less than two

years - Notification of nonrenewal.

If the board of a multidistrict special education unit elects not to renew the contract of a

director who has been employed by the board in that position for less than two years, the board

shall provide written notice of the nonrenewal to the director before May first. At the request of

the director, the board shall meet with the director to convey the reasons for the nonrenewal.
N.D. Cent. Code § 15.1-37-05 — ND Code / Title 15.1 / Chapter 15.1-37 / Section 15.1-37-05
15.1-37-05. Early childhood education providers - Coalition - Eligibility
Status: repealed

15.1-37-05. Early childhood education providers - Coalition - Eligibility

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 15.1-12-12 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-12
15.1-12-12. School district reorganization - Vote on issuance of bonds
Status: in_force

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

1. If the reorganization plan proposes the issuance of bonds under chapter 21-03, the

question of the bond issuance may be voted on at the same election as that for which

approval of the reorganization plan is sought; provided:

a. Each of the school boards involved in the reorganization adopts, by a majority

vote, an identical initial resolution required by chapter 21-03; and

b. All of the terms of chapter 21-03 are complied with, except that if there is a

conflict with section 15.1-12-14 regarding how the election will proceed, the terms

of section 15.1-12-14 prevail.

2. If the reorganization is not approved, the result of the vote on the bond issuance is

void.
N.D. Cent. Code § 15.1-31-07 — ND Code / Title 15.1 / Chapter 15.1-31 / Section 15.1-31-07
15.1-31-07. Students not subject to this chapter
Status: in_force

15.1-31-07. Students not subject to this chapter

If a student, as a result of a school district dissolution or reorganization, resides in a district

other than the one the student chooses to attend at the time of the dissolution or reorganization,

the student is not subject to this chapter and may attend school in the chosen school district.
N.D. Cent. Code § 15.1-13-11 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-11
15.1-13-11. Application and licensing fees
Status: in_force

15.1-13-11. Application and licensing fees

1. The board may set and charge a fee for:

a. Filing an application for a teaching license.

b. Issuing a teaching license.

2. Any fee collected by the board must be deposited and disbursed in accordance with

section 54-44-12.
N.D. Cent. Code § 15.1-09-52 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-52
15.1-09-52. Board of education of city of Fargo - Ownership of real property
Status: in_force

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

Whenever any real property is purchased by the board, the transfer or grant and

conveyance of the property must be taken to the "city of Fargo for the use of the schools" and

whenever any sale is made by the board, it must be so resolved and placed upon the records of

the board. The conveyance must be executed, in the name of the city of Fargo, by the president

of the board and attested to by the business manager. The president and the business manager

may execute conveyances upon a sale or exchange, with or without full covenants or warranty,

on behalf of the city.
N.D. Cent. Code § 15.1-32-05 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-05
15.1-32-05. Special education - Cooperation among agencies
Status: in_force

15.1-32-05. Special education - Cooperation among agencies

The superintendent of public instruction and the department of health and human services

shall cooperate in planning and coordinating early intervention programs for individuals under

the age of three.
N.D. Cent. Code § 15.1-14-32 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-32
15.1-14-32. Area career and technology center - Director - Employed for less than two years - Notification of nonrenewal
Status: in_force

15.1-14-32. Area career and technology center - Director - Employed for less than two

years - Notification of nonrenewal.

If the board of an area career and technology center elects not to renew the contract of a

director who has been employed by the board in that position for less than two years, the board

shall provide written notice of the nonrenewal to the director before May first. At the request of

the director, the board shall meet with the director to convey the reasons for the nonrenewal.
N.D. Cent. Code § 15.1-07-38 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-38
15.1-07-38. School districts - Policy - School meals
Status: in_force

15.1-07-38. School districts - Policy - School meals

A school district participating in the Richard B. Russell National School Lunch Act [42 U.S.C.

1751 et seq.] shall adopt a school meals policy and publish the policy on the school district's

website. A school meals policy must ensure:

1. A school may not deny a United States department of agriculture reimbursable meal to

a student who requests one, unless the student's parent or guardian has provided

written permission to the school to withhold a meal. A school may not serve an

alternative meal to a student with an unpaid student meal balance or without funds to

pay for a meal. This provision does not apply to an a la carte food item or second meal

requested by a student during the same meal period.

2. A school may not dispose of or take away from a child any food that already has been

served to the child on account of the child having an unpaid student meal balance or

lacking the funds to pay for a meal.

3. A school may not identify or stigmatize a student as receiving a free, reduced-price, or

full-price meal, or a meal for which the child lacks funds to pay, including the use of

tokens, stickers, stamps, or by placing the child's name on a published list of persons

with student meal debt.

4. A school may not limit a student's participation in any school activities, graduation

ceremonies, field trips, athletics, activity clubs, or other extracurricular activities or

access to materials, technology, or other items provided to students due to an unpaid

student meal balance.

5. A school may not require a student to provide services or perform work, including

cleaning duties or chores, to pay for school meals debt.

6. A school may contact a student's parent or guardian directly regarding unpaid meals

debt or a school meals account without funds to pay for additional meals. A school

may require a child deliver a sealed letter addressed to the child's parent or guardian

containing a written communication regarding the unpaid school meal debt. The letter

may not be distributed to the child in a manner that stigmatizes the child.

7. A school shall adopt policies to encourage or provide an incentive for a parent or

guardian of a student to apply for free or reduced meals through the Richard B.

Russell National School Lunch Act [42 U.S.C. 1751 et seq.], including when a student

has unpaid school meals debt.
N.D. Cent. Code § 15.1-29-12 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-12
15.1-29-12. Tuition payments - Determination
Status: in_force

15.1-29-12. Tuition payments - Determination

1. Except as provided in section 15.1-29-13, a school district sending a student to

another district for purposes of education shall pay the full cost of education per

student incurred by the admitting district.

2. a. The admitting district shall determine the cost of education per student for its

kindergarten, elementary, and high school students on the basis of its average

daily membership and those expenditures permitted in determining the cost of

education per student in section 15.1-27-03.

b. To the cost of education per student, the admitting district shall add the latest

available statewide average per student cost for extracurricular activities and the

state average capital outlay per student. The state average capital outlay per

student is determined by dividing the total of all school districts' annual

expenditures for sinking and interest funds, tax receipts to the building funds, and

general fund expenditures for capital outlay by the average daily membership of

the state.

c. The admitting district shall subtract the following from the amount arrived at under

subdivision b:

(1) The per student payment multiplied by the admitting district's school size

weighting factor; and

(2) Any credit for taxes paid to the admitting district by the student's parent.

d. The amount remaining is the full cost of education per student incurred by the

admitting district. The tuition amount payable for the individual student is the

lesser of:

(1) The full cost of education per student incurred by the admitting district; or

(2) One hundred fifty percent of the state average full cost of education per

student.

e. Admitting school districts shall charge the tuition amount payable determined in

subdivision d multiplied by two hundred percent or four thousand dollars,

whichever is greater, if the admitting school district:

(1) Is located in an oil-producing county;

(2) Is eligible to receive gross production tax revenue in lieu of property taxes;

(3) Is located in cities with populations over twenty-four thousand;

(4) Has a tax base fewer than twenty square miles;

(5) Levies greater than sixty mills for local property taxes;

(6) Has student enrollments of greater than four thousand;

(7) Has average student growth of over two hundred per year over the

preceding five years;

(8) Uses portable classrooms; and

(9) Has enrollment exceeding school facility capacity.

3. This section does not affect the right of a school board to charge and collect tuition

from students who are not residents of this state, in accordance with section

15.1-29-02.
N.D. Cent. Code § 15.1-01-02 — ND Code / Title 15.1 / Chapter 15.1-01 / Section 15.1-01-02
15.1-01-02. Joint meetings - State board of public school education - State board of higher education - Education standards and practices board - State board for career and technical education
Status: in_force

15.1-01-02. Joint meetings - State board of public school education - State board of

higher education - Education standards and practices board - State board for career and

technical education.

The state board of public school education, the state board of higher education, the

education standards and practices board, and the state board for career and technical

education shall meet together at least once each year at the call of the superintendent of public

instruction, the commissioner of higher education, the executive director of the education

standards and practices board, and the director of career and technical education for the

purposes of:

1. Coordinating elementary and secondary education programs, career and technical

education programs, and higher education programs;

2. Establishing high standards and expectations of students at all levels of the education

continuum;

3. Ensuring that all students have access to challenging curricula;

4. Ensuring that the individuals instructing students at all levels of the education

continuum are highly qualified and capable;

5. Cooperating in the provision of professional growth and development opportunities for

individuals instructing students at all levels of the education continuum; and

6. Ensuring cooperation in any other jointly beneficial project or program.
N.D. Cent. Code § 15.1-24-06 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-06
15.1-24-06. Report of chemical abuse - Immunity from liability
Status: in_force

15.1-24-06. Report of chemical abuse - Immunity from liability

Any individual, other than the alleged violator, who in good faith reports or furnishes

information regarding another's alleged chemical abuse to the chemical abuse preassessment

team or the support team referenced in section 15.1-24-03, is immune from any liability, civil or

criminal, that might otherwise result from the report. For the purpose of any proceeding, the

good faith of a person reporting or furnishing information is presumed.
N.D. Cent. Code § 15.1-06-16 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-16
15.1-06-16. Disturbance of a public school - Penalty
Status: in_force

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

It is a class B misdemeanor for any person to:

1. Willfully disturb a public school that is in session;

2. Willfully interfere with or interrupt the proper order or management of a public school

by an act of violence, boisterous conduct, or threatening language; or

3. Rebuke, insult, or threaten a teacher in the presence of a student.
N.D. Cent. Code § 15.1-09-33.4 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-33.4
15.1-09-33.4. Student misconduct - Prohibition against participation in extracurricular activities
Status: in_force

15.1-09-33.4. Student misconduct - Prohibition against participation in extracurricular

activities.

1. The board of a school district may prohibit a student from participating in any

extracurricular activity if:

a. The student has pled guilty to or been convicted of a criminal offense and

sentenced under section 12.1-32-02.1 or pled guilty or been convicted of an

offense specified in subsection 1 of section 12.1-32-09.1;

b. The student has:

(1) A civil protection order issued against the student at the request of another

student or employee of the school under chapter 14-07.7; or

(2) Any other order issued against the student prohibiting contact with a student

or employee of the school which is signed by a district judge or a judicial

referee within a delinquency or criminal case;

c. The principal of the school receives information pertaining to an offense or order

included under this section as provided in section 27-20.2-21; or

d. The victim of the offense or the subject of the order notifies the principal of the

offense or order.

2. For purposes of this section, a representative of the juvenile court system may notify

the principal of a school regarding the existence of files or records of the juvenile court

pertaining to a student of the school which are open to inspection by the principal

under section 27-20.2-21.
N.D. Cent. Code § 15.1-23-19 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-19
15.1-23-19. Home education - State aid to school districts
Status: in_force

15.1-23-19. Home education - State aid to school districts

For purposes of allocating state aid to school districts, a child receiving home education is

included in a school district's determination of average daily membership only for those days or

portions of days that the child attends a public school.
N.D. Cent. Code § 15.1-13-28 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-28
15.1-13-28. Teaching license - Effect of revocation
Status: in_force

15.1-13-28. Teaching license - Effect of revocation

The revocation of an individual's teaching license results in the immediate termination of the

individual's employment by a school district. The school district shall, however, compensate the

individual for services rendered only until such time as the notice of revocation is received by

the district.
N.D. Cent. Code § 15.1-12-11.2 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-11.2
15.1-12-11.2. Reorganization bonus - Advanced payment
Status: repealed

15.1-12-11.2. Reorganization bonus - Advanced payment

Repealed by S.L. 2005, ch. 167, § 38.
N.D. Cent. Code § 15.1-23-15 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-15
15.1-23-15. Child with a developmental disability - Home education - Progress reports
Status: in_force

15.1-23-15. Child with a developmental disability - Home education - Progress

reports.

1. On or before November first, February first, and May first of each school year, a parent

supervising home education for a child with a developmental disability under section

15.1-23-14 shall file with the superintendent of the child's school district of residence

progress reports prepared by the services plan team selected under section
N.D. Cent. Code § 15.1-27-12 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-12
15.1-27-12. Per student payments - English language learners
Status: repealed

15.1-27-12. Per student payments - English language learners

Repealed by S.L. 2007, ch. 163, § 58.