N.D. Cent. Code § 15.1-06-20 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-20
15.1-06-20. Career advisor - Duties
Status: in_force

15.1-06-20. Career advisor - Duties

A career advisor shall provide sequential career development activities, current career

information, and related career exploration opportunities to students in grades seven through

twelve. A career advisor shall use computer-assisted career guidance systems and work at the

direction and under the supervision of the school district counseling staff.
N.D. Cent. Code § 15.1-22-03 — ND Code / Title 15.1 / Chapter 15.1-22 / Section 15.1-22-03
15.1-22-03. Nonpublic kindergarten - Requirements - Approval
Status: in_force

15.1-22-03. Nonpublic kindergarten - Requirements - Approval

Any person operating a nonpublic kindergarten may request approval of the kindergarten

from the superintendent of public instruction. The superintendent shall approve a nonpublic

kindergarten if it meets the requirements of section 15.1-22-02.
N.D. Cent. Code § 15.1-14-11 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-11
15.1-14-11. School district superintendent - Contract - Failure to provide notice of nonrenewal
Status: in_force

15.1-14-11. School district superintendent - Contract - Failure to provide notice of

nonrenewal.

The contract of a school district superintendent is deemed to be renewed for a period of one

year from its termination date if:

1. On or before April fifteenth, the board of a school district has not provided written

notification to the superintendent regarding a contemplated nonrenewal of the

superintendent's contract; and

2. On or before June first, the superintendent has not provided to the board a written

resignation.
N.D. Cent. Code § 15.1-09-04 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-04
15.1-09-04. Rural members of school board - Definitions
Status: in_force

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

1. Except as provided in subsection 2:

a. At least two members of a school board must be rural members if a district

contains six or more sections of land, has a city within its boundaries, and a

district population of two thousand or fewer.

b. At least one member of a school board must be a rural member if a district

contains six or more sections of land, has within its boundaries a city of more

than two thousand but fewer than fifteen thousand, and has at least twenty-five

families residing on farms outside the corporate limits of the city but within the

district and sending children to school in the district.

c. If the taxable valuation of agricultural property in the rural area of a district

containing a city is greater than the taxable valuation of the urban area, the

majority of the members of the school board must be rural members.

d. If the variance in population between the geographic voting areas of a school

district is greater than ten percent, all qualified voters in the district may vote for

each school board candidate.

2. A reorganization plan under chapter 15.1-12 may provide for school board

membership requirements that are different from those in subsection 1.

3. For purposes of this section, a rural school board member is one who resides on a

farm outside the corporate limits of a city or one who resides within a city that

according to the latest federal census has a population of two hundred or fewer and is

located within a district that has four or more incorporated cities.

4. For purposes of this section:

a. "Agricultural property" means property located outside the limits of an

incorporated city and zoned agricultural.

b. "Rural" means outside the limits of an incorporated city.
N.D. Cent. Code § 15.1-18-08 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-08
15.1-18-08. Middle school teacher qualifications
Status: repealed

15.1-18-08. Middle school teacher qualifications

Repealed by S.L. 2017, ch. 138, § 4.
N.D. Cent. Code § 15.1-14-29 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-29
15.1-14-29. Area career and technology center - Director - Nonrenewal of contract - Reasons - Notice
Status: in_force

15.1-14-29. Area career and technology center - Director - Nonrenewal of contract -

Reasons - Notice.

1. If the board of an area career and technology center contemplates not renewing the

contract of a director 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 director.

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

director.

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

director.

2. a. The reasons for the contemplated nonrenewal of the director's contract must:

(1) Be sufficient to justify the contemplated nonrenewal;

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

(3) Originate from specific findings documented in the formal and written

evaluations of the director's performance required by section 15.1-14-23.

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 § 15.1-13-12.1 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-12.1
15.1-13-12.1. Teaching license - Lifetime licensure - Report to the board
Status: in_force

15.1-13-12.1. Teaching license - Lifetime licensure - Report to the board

1. If an individual has been licensed to teach in this state for a period of twenty-five

years, the education standards and practices board shall grant the individual lifetime

licensure.

2. Nothing in this section precludes the board from taking any action against an

individual's lifetime license if the board determines that the action is warranted under

this chapter.

3. An individual holding a lifetime license who is or intends to be employed as a teacher

shall provide a report to the board at least once every five years. The report:

a. Must be made in the form and manner prescribed by the board.

b. May not cause the individual holding a lifetime license to incur any cost.

c. Must disclose:

(1) Whether the individual has violated a criminal statute since the issuance of

the lifetime license or the last report; and

(2) Any information that may cause the individual's teaching license to be

revoked or suspended.
N.D. Cent. Code § 15.1-32-17 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-17
15.1-32-17. Extended educational program
Status: in_force

15.1-32-17. Extended educational program

A student with disabilities is entitled to an educational program that extends beyond the

normal school calendar if the student's individualized education program team or services team

determines that regression would be caused by an interruption in the student's educational

program and that the student's limited recoupment capacity makes it impossible or unlikely that

the student will attain the level of self-sufficiency and independence from caretakers which the

student would otherwise be expected to reach.
N.D. Cent. Code § 15.1-18.2-03 — ND Code / Title 15.1 / Chapter 15.1-18.2 / Section 15.1-18.2-03
15.1-18.2-03. Professional development advisory committee - Duties - Staff support
Status: repealed

15.1-18.2-03. Professional development advisory committee - Duties - Staff support

Repealed by S.L. 2011, ch. 147, § 43.
N.D. Cent. Code § 15.1-35-09 — ND Code / Title 15.1 / Chapter 15.1-35 / Section 15.1-35-09
15.1-35-09. Beverages - Snack breaks
Status: in_force

15.1-35-09. Beverages - Snack breaks

During the 2013-15 biennium, a school district may utilize resources provided in accordance

with subdivision l of subsection 1 of section 15.1-27-03.1 to ensure that students who are

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

[42 U.S.C. 1751 et seq.] receive one serving of milk or juice if a mid-morning snack break is

provided.
N.D. Cent. Code § 15.1-09-45 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-45
15.1-09-45. Storage facilities for schoolbuses
Status: in_force

15.1-09-45. Storage facilities for schoolbuses

The board of a school district may lease for purchase, purchase, or construct a storage

facility for schoolbuses upon advertised bids as provided in section 15.1-09-34. For these

purposes, the board may use money in the district's general fund or building fund provided the

money is not otherwise obligated.
N.D. Cent. Code § 15.1-12-28.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-28.1
15.1-12-28.1. Dissolving school district to set up reimbursement account for benefit of job service North Dakota - Liability of receiving school districts if funds are insufficient
Status: in_force

15.1-12-28.1. Dissolving school district to set up reimbursement account for benefit

of job service North Dakota - Liability of receiving school districts if funds are

insufficient.

1. After the dissolution is approved by the state board and after ten thousand dollars is

set aside as provided for in section 15.1-12-28, the school district shall set aside in a

reimbursement account the amount of money estimated by job service North Dakota

to reimburse job service North Dakota for unemployment compensation benefits that

could potentially be paid by job service North Dakota to school district employees, as

indicated in section 15.1-12-26.1. The school district shall set aside that money in a

reimbursement account with the North Dakota school boards association or with the

county auditor and shall notify job service North Dakota of the account's location.

2. The money must be held for two and one-half years from the effective date of the

dissolution and must be used to reimburse job service North Dakota for unemployment

compensation benefits paid by job service North Dakota to former employees of the

dissolved school district for which the dissolved school district would have been liable,

including any delinquent reimbursement payments.

3. After the two and one-half year period, moneys remaining in the account must be

distributed to the school districts that received the dissolving school district's land, in

the same proportion as taxable valuation received by the school districts.

4. If the money in the account is not sufficient to reimburse job service North Dakota for

all unemployment compensation claims paid, then the school districts that received the

dissolving school district's land must pay the balance to job service North Dakota in

the same proportion as taxable valuation received by the school districts.
N.D. Cent. Code § 15.1-12-08 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-08
15.1-12-08. Payment of school district levies after annexation or dissolution
Status: in_force

15.1-12-08. Payment of school district levies after annexation or dissolution

1. Property annexed or attached to the receiving school district is subject to all of the

receiving school district's levies, except those to retire bonded debt existing before the

effective date of the annexation or dissolution. The county committee and the state

board in approving the annexation or dissolution, however, may require that the

property be subject to the receiving school district's levies that are required to retire

bonded debt existing before the effective date of the annexation or dissolution.

2. Property annexed to a receiving school district is not subject to any levies of the school

district from which it was detached, except those to retire bonded debt existing before

the effective date of the annexation. The county committee and the state board in

approving the annexation, however, may exempt the property from the levies of the

school district from which the property was detached which are required to retire

bonded debt existing before the effective date of the annexation.
N.D. Cent. Code § 15.1-02-25 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-25
15.1-02-25. School buildings - Assessment - Rules
Status: in_force

15.1-02-25. School buildings - Assessment - Rules

The superintendent of public instruction:

1. May collect regularly conducted assessments by school districts of each building

located on school grounds in the state, including the interior and exterior of the

building, doors, windows, fire sprinklers, fire protection systems, components of

heating, cooling, plumbing, electrical, and security systems, and handicap accessibility

features.

2. May, every four years, document the inventory of buildings, including building type,

original construction year, facility additions, facility addition construction year, and

facility square footage as submitted by school districts.

3. May develop and maintain a system for tracking the assessments of buildings,

including construction, repairs, modifications, and maintenance recommended for

each school.

4. Shall adopt rules under chapter 28-32 to implement this section.

5. May contract for professional services to implement this section, including contracting

to study appropriate criteria to establish for public school facility standards.
N.D. Cent. Code § 15.1-06-08.1 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-08.1
15.1-06-08.1. Statutes - Waiver
Status: in_force

15.1-06-08.1. Statutes - Waiver

1. The superintendent of public instruction may not waive any statute, in whole or in part,

except as provided for in this section.

2. A school or school district may apply to the superintendent of public instruction for a

waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25,

15.1-32, and 15.1-38, or any associated rules, if the waiver:

a. Improves the delivery of education;

b. Improves the administration of education;

c. Provides increased educational opportunities for students; or

d. Improves the academic success of students.

3. The initial waiver must be for a specific period of time but may not exceed one year.

The school district may apply for extensions of the waiver. The first extension may not

exceed a period of one year. Additional extensions may not exceed periods of two

years.

4. If the superintendent of public instruction, after receipt and consideration of an

application for a waiver under this section, approves the waiver, the superintendent

shall file a report with the legislative management. The report must provide a detailed

account of the reasons for which the waiver was granted and the specific time period

for the waiver. If the superintendent of public instruction denies an application for a

waiver under this section, the superintendent shall file a notice of denial with the

legislative management. If requested, the superintendent shall appear and respond to

questions regarding the approval or denial of any application for a waiver under this

section.

5. The superintendent of public instruction shall adopt rules governing the submission

and evaluation of applications and the monitoring of any school or school district that

receives a waiver under this section.
N.D. Cent. Code § 15.1-36-03 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-03
15.1-36-03. School construction project loans - Management by Bank of North Dakota
Status: repealed

15.1-36-03. School construction project loans - Management by Bank of North

Dakota.

Repealed by S.L. 2017, ch. 368, § 9.
N.D. Cent. Code § 15.1-27-20.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-20.1
15.1-27-20.1. General fund levy - Impact on state aid
Status: repealed

15.1-27-20.1. General fund levy - Impact on state aid

Repealed by S.L. 2009, ch. 535, § 8 and ch. 175, § 64.
N.D. Cent. Code § 15.1-21-09 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-09
15.1-21-09. Test scores - Compilation
Status: in_force

15.1-21-09. Test scores - Compilation

The superintendent of public instruction shall arrange for the compilation of test scores in a

manner that indicates achievement and allows a comparison of individual students, classrooms

within a given school and school district, schools within the state, and school districts within the

state. The test scores must also allow for comparisons based on students' gender, ethnicity,

economic status, service status, and assessment status, unless doing so enables the

identification of any student.
N.D. Cent. Code § 15.1-09-01 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-01
15.1-09-01. School board membership - Size and term adjustments
Status: in_force

15.1-09-01. School board membership - Size and term adjustments

1. The board of a school district must be composed of five, seven, or nine members.

2. The size of a school board may be increased to seven or nine members or decreased

to seven or five members if a petition is signed by qualified electors of the school

district equal in number to at least one-third of those who voted at the most recent

annual school district election and the change is approved by a majority of the

qualified electors of the school district voting on the question at a special election

called for that purpose.

3. If a majority of the qualified voters in a school district elect to increase the size of the

school board, the additional members must be elected to the board at the next annual

school district election in the same manner as other board members.

a. If the total number of board members after approval of the increase is seven, the

terms of three members extend until the first annual election, the terms of two

members extend until the second annual election, and the terms of the remaining

two members extend until the third annual election.

b. If the total number of board members after approval of the increase is nine, the

terms of three members extend until the first annual election, the terms of three

members extend until the second annual election, and the terms of the remaining

three members extend until the third annual election.

c. The length of the terms specified in this subsection must be determined by lot.

d. All board members shall serve for the terms specified in this subsection and until

their successors are elected and qualified.

e. The length of any term in existence before the increase in board membership and

held by a board member who is duly qualified may not be modified.

f. Terms subsequent to the first term are for the normal period of three years and

extend until a successor is elected and qualified.

4. The voters of a school district shall elect school board members at large. If, however,

the district has been reorganized, board members may be elected at large, by

geographical area, or at large by geographical area.

5. An election on a reorganization proposal takes the place of the petition and election

requirements of this section. Approval of the reorganization proposal has the same

effect as if the approval were by the election provided for in this section.

6. If the qualified electors of a district approve a reduction in the size of the school board,

the excess number of members will serve out existing terms until the number

approved by the electors has been reached.

7. If the board of a school district has elected to convert its members' terms to four years

and has also increased the number of its board members, the board by lot or by some

other random selection method shall provide for a combination of initial terms of office

not to exceed four years for the new members. The combination must equalize to the

greatest extent possible the number and length of terms for old board members and

for new members to be elected during the next three election years. The members'

terms must be staggered and must expire in even-numbered years.
N.D. Cent. Code § 15.1-24-05 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-05
15.1-24-05. Law enforcement agencies - Duty to inform team
Status: in_force

15.1-24-05. Law enforcement agencies - Duty to inform team

1. A law enforcement agency shall notify a school principal in writing if the agency has

probable cause to believe that a student enrolled in the school has violated section

5-01-08, section 12.1-31-03, chapter 19-03.1, chapter 19-03.2, chapter 19-03.4,

section 39-08-01, or section 39-08-18. The law enforcement agency shall provide the

notice within two weeks of an incident.

2. The principal shall forward the notice to the school's chemical abuse preassessment

team or support team referenced in section 15.1-24-03.

3. Subsection 1 does not apply if, in the opinion of the law enforcement agency, providing

the notice would jeopardize the conclusion of a criminal investigation.
N.D. Cent. Code § 15.1-18-12 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-12
15.1-18-12. Military spouses
Status: in_force

15.1-18-12. Military spouses

Notwithstanding contrary provisions of this chapter regarding licensure qualifications,

section 43-51-11.1, regarding licensure of a military spouse, applies to an applicant's

qualifications for licensure.
N.D. Cent. Code § 15.1-09.1-08 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-08
15.1-09.1-08. Regional education association - Report of expenses
Status: in_force

15.1-09.1-08. Regional education association - Report of expenses

1. The board of a regional education association shall submit annually to the

superintendent of public instruction, at the time and in the manner designated by the

superintendent, a report detailing all expenses incurred by the association and shall

attribute the expenses on a per student basis by participating school district.

2. The board shall deposit any moneys received by or on behalf of the regional education

association into the association's joint operating fund.
N.D. Cent. Code § 15.1-21-26 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-26
15.1-21-26. Driver education curriculum - Content - Anatomical gift
Status: in_force

15.1-21-26. Driver education curriculum - Content - Anatomical gift

1. Beginning July 1, 2014, each school district shall ensure that its curriculum for driver

education includes information regarding the manner in which a student obtaining a

driver's license may make an anatomical gift, as provided for in section 23-06.6-04.

2. The school district shall provide notification of the curricular requirement set forth in

subsection 1 to the parent of each student enrolled in driver education. The notification

may be provided electronically or in written form.
N.D. Cent. Code § 15.1-15-02 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-02
15.1-15-02. Probationary teachers - Review of evaluations - Renewal and nonrenewal of contracts
Status: in_force

15.1-15-02. Probationary teachers - Review of evaluations - Renewal and nonrenewal

of contracts.

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

employed as a probationary teacher, the board shall review the individual's evaluations

required by section 15.1-15-01 and meet with the individual in an executive session to

discuss the reasons for the contemplated nonrenewal.

2. The individual employed as a probationary teacher may be accompanied by two

representatives selected by the individual for the purpose of speaking on behalf of the

individual and by the individual's spouse or one other family member.

3. No claim for relief for libel or slander may be brought regarding any communication

made at an executive session of a school board held pursuant to this section.

4. If the board of a school district elects not to renew the contract of an individual

employed as a probationary teacher, the board shall provide written notification of the

decision, together with a detailed description of the board's reasons, to the individual

no earlier than April fifteenth nor later than May first.

5. Failure by the board of a school district to provide the notification required by

subsection 4 constitutes an offer to renew the individual's contract on the same terms

and conditions as the individual's contract for the current year.

6. The board of a school district may waive probationary status for a teacher with at least

two years of teaching experience in the state.

7. The board of a school district shall offer, as needed, based on the teacher's evaluation,

a teacher mentoring program for probationary teachers.

8. For purposes of this section, "probationary teacher" means an individual teaching for

less than two years in the school district.
N.D. Cent. Code § 15.1-19-19 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-19
15.1-19-19. Professional development activities
Status: repealed

15.1-19-19. Professional development activities

Repealed by S.L. 2017, ch. 350, § 6.
N.D. Cent. Code § 15.1-32-06 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-06
15.1-32-06. Director of special education
Status: in_force

15.1-32-06. Director of special education

The superintendent of public instruction shall employ a qualified director of special

education and any necessary assistants.
N.D. Cent. Code § 15.1-33-10 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-10
15.1-33-10. Multidistrict special education board - Rights of employees
Status: in_force

15.1-33-10. Multidistrict special education board - Rights of employees

Any individual employed by the board of a multidistrict special education unit has the same

statutory rights as those accorded to an individual employed by a school district for the same

purpose.
N.D. Cent. Code § 15.1-40-22 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-22
15.1-40-22. Facilities - Activities
Status: in_force

15.1-40-22. Facilities - Activities

1. A public charter school may enter an agreement with a public or private entity for the

use of the entity's facility.

2. A public charter school holds a right of first refusal to part or all of an unused state-

owned facility or property located in the state. The superintendent of public instruction

shall maintain a list of available buildings.

3. A facility or part of a facility that is the location of a public charter school is exempt

from property taxes under subsection 6 of section 57-02-08.

4. A public charter school may enter a cooperative agreement with a public or private

school to facilitate athletics and other activities.

5. A public charter school may become a member of the North Dakota high school

activities association.
N.D. Cent. Code § 15.1-06-14.1 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-14.1
15.1-06-14.1. Patriotic society - Permission to speak to students at public schools
Status: in_force

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

1. For purposes of this section, "youth patriotic society" means a youth group that

promotes patriotism, civic education, and civic involvement, listed under title 36, United

States Code, subtitle II, part B, as of January 1, 2021.

2. Representatives of a youth patriotic society must be allowed to speak to students

during regular school hours at each public school in the state during the first quarter of

each academic school year to inform the students about the society and to explain

how students may participate in or join the society. The youth patriotic society shall

provide the school principal with notice of the society's intent to speak to the students.

A school principal may designate the time, place, and manner in which representatives

of a youth patriotic society are allowed to speak to students.
N.D. Cent. Code § 15.1-12-18.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-18.1
15.1-12-18.1. Reorganizing school districts to contact job service North Dakota - Liability of new reorganized school district for reimbursement of unemployment compensation benefits paid
Status: in_force

15.1-12-18.1. Reorganizing school districts to contact job service North Dakota -

Liability of new reorganized school district for reimbursement of unemployment

compensation benefits paid.

The reorganizing school districts shall contact job service North Dakota for its estimation of

the new reorganized school district's potential obligation to job service North Dakota for

reimbursement of unemployment compensation benefits that could potentially be paid by job

service North Dakota to employees of the reorganizing school districts. The new reorganized

school district shall reimburse job service North Dakota for unemployment compensation

benefits paid by job service North Dakota to former employees of the school districts which

reorganized and for which the reorganizing school districts would have been liable, including

any delinquent reimbursement payments.
N.D. Cent. Code § 15.1-14-16 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-16
15.1-14-16. Multidistrict special education unit - Director - Discharge for cause - Hearing
Status: in_force

15.1-14-16. Multidistrict special education unit - Director - Discharge for cause -

Hearing.

1. At the hearing, the director may produce evidence and witnesses to rebut any reasons

given by the board of the multidistrict special education unit for its discharge of the

director.

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

3. All witnesses are subject to cross-examination.

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

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

a. The director may invite to the hearing any two representatives to speak on behalf

of the director and may invite the director's spouse or one other family member.

b. The board may invite to the hearing any two representatives to speak on behalf of

the board and may invite the unit's business manager.

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

period not in excess of seven days. The board may grant a continuance in excess of

seven days upon a showing of good cause.

6. No cause of action for libel or slander may be brought regarding any communication

made at an executive session held by the board for the purposes provided in this

section.
N.D. Cent. Code § 15.1-08-01 — ND Code / Title 15.1 / Chapter 15.1-08 / Section 15.1-08-01
15.1-08-01. Military installation - School district formation
Status: in_force

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

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

installation provided:

1. The state board is requested to do so by the base commander of the installation;

2. The state board schedules and holds a public hearing after publishing notice of the

hearing in the official newspaper of the county in which the proposed school district is

to be located, at least fourteen days before the date of the hearing; and

3. The boundaries of the district are coterminous with all lands over which the installation

has exclusive concurrent or proprietary jurisdiction.
N.D. Cent. Code § 15.1-07-39 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-39
15.1-07-39. Electronic collection of free or reduced-price meal eligibility information - Requirements (Effective after June 30, 2026)
Status: in_force

15.1-07-39. Electronic collection of free or reduced-price meal eligibility information -

Requirements. (Effective after June 30, 2026)

1. Each school district shall annually provide an electronic form to all parents or

guardians of enrolled students to collect household income information necessary to

determine eligibility for free or reduced-price meals under the national school lunch

program and other relevant federal and state assistance programs.

2. The electronic form must be made available to all parents or guardians at the

beginning of the eligibility period or the beginning of each school year and must be

designed to facilitate ease of completion and submission.

3. A school district shall offer a paper form upon request of a parent or guardian who

prefers a nonelectronic submission method.
N.D. Cent. Code § 15.1-09.1-03 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-03
15.1-09.1-03. Regional education association - Provision of special education and related services - Annual plan
Status: in_force

15.1-09.1-03. Regional education association - Provision of special education and

related services - Annual plan.

A regional education association may prepare an annual plan regarding the provision of

special education and related services on behalf of its members and submit the plan to the

superintendent of public instruction for approval.
N.D. Cent. Code § 15.1-13-31 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-31
15.1-13-31. Conviction of individual holding teaching license - Written notification
Status: in_force

15.1-13-31. Conviction of individual holding teaching license - Written notification

A state's attorney shall provide written notification to the board when an individual holding a

teaching license is convicted of a felony or a class A misdemeanor.
N.D. Cent. Code § 15.1-27-22 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-22
15.1-27-22. Insufficient moneys - Fractional payments
Status: in_force

15.1-27-22. Insufficient moneys - Fractional payments

If moneys in the state general fund are insufficient to make all payments to school districts,

the superintendent of public instruction shall prorate the payments on a fractional basis. As

additional moneys come into the fund, payments may be made until the school districts receive

all moneys to which they are entitled. If an appropriation made by the legislative assembly is

inadequate to meet all claims against the appropriation and is therefore the cause of the

insufficiency, the prorated fractional payments made under this section constitute payment in

full.
N.D. Cent. Code § 15.1-12-11.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-11.1
15.1-12-11.1. Reorganization bonus - Eligibility - Distribution
Status: repealed

15.1-12-11.1. Reorganization bonus - Eligibility - Distribution

Repealed by S.L. 2005, ch. 167, § 37.
N.D. Cent. Code § 15.1-27-32 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-32
15.1-27-32. School district closure - Distribution of per student special education payments
Status: repealed

15.1-27-32. School district closure - Distribution of per student special education

payments.

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-21-11 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-11
15.1-21-11. Superintendent of public instruction - Review of test questions
Status: in_force

15.1-21-11. Superintendent of public instruction - Review of test questions

The superintendent of public instruction shall require that the entity developing a test to be

administered under section 15.1-21-08 not include questions that might be deemed personal to

a student or to the student's family and that the entity developing the test not include questions

requiring responses that might be deemed personal to a student or to the student's family.

Before a test is finalized for use in this state, the superintendent shall require that the test be

reviewed by a standards alignment committee appointed by the superintendent to ensure that

the test meets the requirements of this section.
N.D. Cent. Code § 15.1-36-02.1 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-02.1
15.1-36-02.1. School construction projects - Reorganized districts - Interest subsidy
Status: repealed

15.1-36-02.1. School construction projects - Reorganized districts - Interest subsidy

Repealed by S.L. 2017, ch. 368, § 9.
N.D. Cent. Code § 15.1-06-13 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-13
15.1-06-13. Schools - Compliance with health, safety, and sanitation requirements
Status: in_force

15.1-06-13. Schools - Compliance with health, safety, and sanitation requirements

The superintendent of each school district shall ensure that the physical school plants in the

district comply with all health, safety, and sanitation requirements.
N.D. Cent. Code § 15.1-07-34.1 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-34.1
15.1-07-34.1. Child safety liaison workgroup
Status: in_force

15.1-07-34.1. Child safety liaison workgroup

1. As used in this section, "child protective services" means an "authorized agent" or the

"department" as the terms are defined under section 50-25.1-02.

2. A school district and the corresponding human service zone may designate

representatives to form a child safety liaison workgroup.

3. The child safety liaison workgroup:

a. Shall focus on child safety issues, including:

(1) The roles and responsibilities of child protective services and mandatory

reporters;

(2) Opportunities for improved relations between the human service zone and

school district; and

(3) The coordination of services for children and families.

b. Must be proportional in member size to the need and population served, and

have an equal number of representatives from the school district and human

service zone.

c. Shall meet at least twice annually.

d. Shall report to the human service zone board, the school board, and the

children's cabinet by July thirty-first of each year. The report must include

recommendations, proposed solutions, progress, training needs, and identified

gaps in service coordination.

4. The human service zone is responsible for coordinating the child safety liaison

workgroup meetings.
N.D. Cent. Code § 15.1-21-17.1 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-17.1
15.1-21-17.1. Interim assessment - State-provided or state-approved list
Status: in_force

15.1-21-17.1. Interim assessment - State-provided or state-approved list

1. Each public school district shall administer annually to students in grades kindergarten

through ten at least two assessments in mathematics and reading. In administering the

assessment, a public school district shall use:

a. The state-provided interim assessment; or

b. An interim assessment from a state-approved list created and maintained by the

superintendent of public instruction.

2. The superintendent of public instruction shall contract with an interim assessment

vendor to create a state-provided interim assessment and distribute the assessment to

each public school district, at no charge to the districts, for the grade levels and

subjects provided in subsection 1.

3. If a district chooses to use an assessment from the state-approved list, the district is

responsible for any assessment-related costs.

4. To qualify as a state-provided or state-approved vendor of interim assessments, a

vendor must share the assessment data electronically with the statewide longitudinal

data system for the purposes of statewide aggregated data results. Individual district

level data may be shared at the discretion of the local district.

5. The superintendent shall adopt rules to develop the selection and approval criteria for

a state-approved interim assessment vendor.
N.D. Cent. Code § 15.1-21-15 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-15
15.1-21-15. Electronic course delivery - Approval process
Status: repealed

15.1-21-15. Electronic course delivery - Approval process

Repealed by S.L. 2017, ch. 146, § 1.
N.D. Cent. Code § 15.1-19-12 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-12
15.1-19-12. School safety patrols - Immunity from liability
Status: in_force

15.1-19-12. School safety patrols - Immunity from liability

The superintendent of public instruction, schools, school boards and individual school board

members, governing boards and individual governing board members, administrators,

principals, teachers, safety patrol members whether students or adults, and parents of safety

patrol student members are immune from any liability that might otherwise be incurred as a

result of an injury to a safety patrol member or as a result of an injury caused by an act or

omission on the part of a safety patrol member while on duty, provided that the persons

substantially complied with the rules to guide safety patrol members, as adopted by the

superintendent of public instruction.
N.D. Cent. Code § 15.1-02-15 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-15
15.1-02-15. Every Student Succeeds Act - Information required
Status: in_force

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

Whenever the superintendent of public instruction determines any bill or amendment under

consideration by an interim committee of the legislative management or by a standing

committee or a conference committee of the legislative assembly contains a provision required

by the Every Student Succeeds Act of 2015 [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28

et seq.] or by federal regulations promulgated to implement that Act, the superintendent shall

provide the members of the appropriate committee with the specific language of the Every

Student Succeeds Act which sets forth the requirement, together with the statutory citation for

that language, or the specific language of the federal regulations which sets forth the

requirement, together with the citation for the regulations.
N.D. Cent. Code § 15.1-13-32 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-32
15.1-13-32. Educational standards and practices board - Unified credential system
Status: repealed

15.1-13-32. Educational standards and practices board - Unified credential system

Repealed by S.L. 2009, ch. 65, § 8.
N.D. Cent. Code § 15.1-12-19 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-19
15.1-12-19. School district reorganization - Sale or removal of school buildings
Status: in_force

15.1-12-19. School district reorganization - Sale or removal of school buildings

The board of a reorganized district may sell or move a school building located in the district.

If a petition calling for the sale of a school building is signed by a majority of the qualified

electors residing within the boundaries of a former school district now wholly located within the

boundaries of the reorganized district, and is submitted to the board, the board shall sell the

building. If the petition calls for the board to move the building, the board shall move the building

to the location designated in the petition. The board shall deposit proceeds of the sale in either

the district's general fund or the building fund. If the purchaser or recipient of the building is a

political subdivision of this state, the board, upon a unanimous vote, may sell the building for

less than its fair market value.
N.D. Cent. Code § 15.1-20-03.1 — ND Code / Title 15.1 / Chapter 15.1-20 / Section 15.1-20-03.1
15.1-20-03.1. Submission of data
Status: in_force

15.1-20-03.1. Submission of data

Each school district and nonpublic school shall submit data regarding school attendance

and the application of this chapter to the superintendent of public instruction at the time and in

the manner directed by the superintendent.
N.D. Cent. Code § 15.1-14-06 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-06
15.1-14-06. School district superintendent - Discharge for cause - Hearing
Status: in_force

15.1-14-06. School district superintendent - Discharge for cause - Hearing

1. At the hearing, the superintendent may produce evidence and witnesses to rebut any

reasons given by the board of the school district for its discharge of the

superintendent.

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

3. All witnesses are subject to cross-examination.

4. Unless otherwise agreed to by the board and the 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 a continuance is requested by the superintendent, the board shall grant a

continuance for a period not in excess of seven days. The board may grant a

continuance in excess of seven days upon a showing of good cause.

6. No cause of action for libel or slander may be brought regarding any communication

made at an executive session held by the board for the purposes provided in this

section.
N.D. Cent. Code § 15.1-29-03 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-03
15.1-29-03. Education of students in other districts - Payment of tuition and transportation
Status: in_force

15.1-29-03. Education of students in other districts - Payment of tuition and

transportation.

1. After taking into account the best interests of all affected parties, the board of a school

district may elect to send its students to another school district. In this instance, the

board shall pay for the students' tuition and transportation. The board may arrange,

and when petitioned to do so by qualified electors of the district equal in number to at

least a majority of those who voted in the most recent annual school district election

shall arrange, with other boards to send students to the other districts and to pay for

their tuition and transportation.

2. If a district does not provide educational services to an entire grade level, the students

in that grade level may attend a public school of their choice outside their district of

residence without going through the procedures outlined in section 15.1-29-05. The

board of the students' school district of residence shall pay for the students' tuition and

transportation. For purposes of determining whether educational services are provided

to an entire grade level, districts cooperating with each other in the joint provision of

educational services under a plan approved by the superintendent of public instruction

are considered to be a single district.
N.D. Cent. Code § 15.1-16-12 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-12
15.1-16-12. Representative organization - Payroll deduction - Dues
Status: in_force

15.1-16-12. Representative organization - Payroll deduction - Dues

If an individual who is employed as a teacher, and who is a member of a representative

organization as defined in this chapter, signs a petition requesting that dues for the

representative organization be deducted from the individual's regular paycheck, the board of the

school district shall comply with the petition. Nothing in this section may be interpreted to mean

that the dues of a nonmember must be deducted in that manner.
N.D. Cent. Code § 15.1-09-11 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-11
15.1-09-11. School district elections - Preparation of ballots
Status: in_force

15.1-09-11. School district elections - Preparation of ballots

1. At least forty days before the election, the business manager shall prepare and cause

to be printed, or otherwise uniformly reproduced, an official ballot containing the

names of all individuals who have indicated their intent to be candidates by meeting

the provisions of section 15.1-09-08. The business manager shall notify the candidates

as to the time and place of the drawing for position on the ballot.

2. The ballot must be nonpartisan in form and include:

a. The words "official ballot" at the top;

b. The name of the school district;

c. The date of the election;

d. The number of persons to be elected to each office; and

e. Below the list of candidates for each office, blank spaces in which names not

printed on the ballot may be written.
N.D. Cent. Code § 15.1-15-06 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-06
15.1-15-06. Contracts - Contemplated nonrenewal - Hearing
Status: in_force

15.1-15-06. Contracts - Contemplated nonrenewal - Hearing

1. At the hearing required by section 15.1-15-05, the school district superintendent or a

designee of the board shall present testimony or documentary evidence regarding the

reasons for the contemplated nonrenewal of the individual's contract.

2. The board of the school district contemplating the nonrenewal of an individual's

contract may call additional witnesses to present testimony or documentary evidence

regarding the reasons for nonrenewal.

3. The individual whose contract is subject to nonrenewal may call witnesses and

produce evidence necessary to refute the reasons for the nonrenewal.

4. Each witness appearing on behalf of the board of the school district or the individual

whose contract is subject to nonrenewal may be questioned for the purpose of

clarification.

5. The board of the school district shall review all testimony and evidence presented at

the hearing and make a determination regarding the nonrenewal. If the board

determines that the reasons for nonrenewal have not been substantiated, the board

shall dismiss the nonrenewal proceedings.

6. Unless otherwise agreed to by the board of the school district and the individual

subject to the nonrenewal, the hearing must be conducted as an executive session of

the board, except that:

a. The individual may invite to the hearing any two representatives, and the

individual's spouse or one other family member; and

b. The board may invite to the hearing any two representatives, the school district

business manager, and the school district superintendent.

7. The individual subject to the nonrenewal may request one continuance. If a

continuance is requested, the board of the school district shall grant a continuance not

in excess of seven days.

8. 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.

9. A determination by the board of a school district not to renew an individual's contract

is, if made in good faith, final and binding on all parties.

10. If the board of a school district elects not to renew an individual's contract, the board

shall provide notice of its determination to the individual in writing on or before May

first.
N.D. Cent. Code § 15.1-30-02 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-02
15.1-30-02. Transportation payments - Board option
Status: in_force

15.1-30-02. Transportation payments - Board option

1. The board of a school district in the state may pay to the parent of each student who

resides more than two miles [3.22 kilometers] from the public school which the student

attends a reasonable sum per day for each day the student attends the school,

provided:

a. The student is transported to school by an adult member of the student's family;

b. The student's transportation is provided in a vehicle furnished by the student's

parent;

c. The student's transportation is paid for by the student's parent; or

d. The cost of providing meals and lodging for the student at a location other than

the student's residence is assumed by the student's parent.

2. The board shall calculate the payment provided for in this section according to the

distance between the front door of the student's residence and the front door of the

school attended by the student, using the most direct public route.
N.D. Cent. Code § 15.1-15-05 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-05
15.1-15-05. Contracts - Contemplated nonrenewal - Reasons - Notice
Status: in_force

15.1-15-05. Contracts - Contemplated nonrenewal - Reasons - Notice

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

employed as a teacher, a principal, or as an associate or assistant superintendent, the

board shall, no earlier than March first nor later than April fifteenth:

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

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

individual.

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

individual.

2. The reasons for the contemplated nonrenewal of the individual's contract must not be

frivolous or arbitrary. The reasons must be sufficient to justify the contemplated

nonrenewal and must:

a. Originate from specific findings documented in the report of the individual's

performance required by section 15.1-15-01 and relate to the individual's ability,

competence, or qualifications; or

b. Originate from the needs of the district in justifying a reduction in the staff.
N.D. Cent. Code § 15.1-39-02 — ND Code / Title 15.1 / Chapter 15.1-39 / Section 15.1-39-02
15.1-39-02. Designation of athletic teams
Status: in_force

15.1-39-02. Designation of athletic teams

1. An interscholastic or intramural athletic team or sport sponsored by a school must be

expressly designated as one of the following based on the sex of the intended

participants:

a. "Males", "men", or "boys";

b. "Females", "women", or "girls"; or

c. "Coed" or "mixed".

2. An athletic team or sport designated for "females", "women", or "girls" may not be

open to students of the male sex.

3. This section may not be construed to restrict the eligibility of a student to participate in

interscholastic or intramural athletic teams or sports designated as "males", "men", or

"boys" or designated as "coed" or "mixed".
N.D. Cent. Code § 15.1-40-05 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-05
15.1-40-05. Charter schools - Eligibility - Enrollment
Status: in_force

15.1-40-05. Charter schools - Eligibility - Enrollment

1. A prospective student is eligible to enroll in a public charter school if the prospective

student resides in the state.

2. A public charter school:

a. Shall enroll all students who wish to attend the school, unless the number of

students exceeds the enrollment capacity of a program, class, grade level, or

building.

b. Shall determine admission by a lottery if initial capacity is insufficient to enroll all

students who timely submit an application. The selection process must take place

in a public setting. An applicant must have a fair opportunity to be selected in the

lottery. The lottery must be randomized and conducted competently,

transparently, and impartially.

c. May not base admissions on ethnicity, national origin, religion, gender, income

level, disabling condition, proficiency in the English language, or academic or

athletic ability, except as provided under this section.

d. May limit enrollment to students to a given age group, grade level, or pursuant to

a special emphasis stated in the school's application for a charter performance

agreement.

e. Shall give enrollment preference to students and the siblings of students enrolled

in the public charter school the previous school year.

f. May give enrollment preference to children of a public charter school's

employees, if the students constitute no more than ten percent of the total student

population.
N.D. Cent. Code § 15.1-27-37 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-37
15.1-27-37. Compensation of teachers - Claim for reimbursement - Rules
Status: repealed

15.1-27-37. Compensation of teachers - Claim for reimbursement - Rules

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-40-15 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-15
15.1-40-15. Charter performance agreement - Revocation - Nonrenewal
Status: in_force

15.1-40-15. Charter performance agreement - Revocation - Nonrenewal

1. A charter performance agreement may be revoked at any time or not renewed if the

superintendent of public instruction determines the public charter school:

a. Failed to comply with this chapter or other law.

b. Committed a material violation of a term, condition, standard, or procedure

required under the charter performance agreement.

c. Failed to meet or make sufficient progress toward the performance expectations

under the charter performance agreement.

d. Failed to meet accepted standards of fiscal management.

2. Revocation may not occur before a public meeting with the charter holder occurs,

unless the superintendent of public instruction determines the continued operation of

the public charter school presents an imminent public safety issue, in which case the

charter performance agreement may be revoked immediately.

3. A public charter school has thirty days to respond to the superintendent of public

instruction's notice to revoke the school's charter performance agreement.

4. If the superintendent of public instruction revokes or does not renew a charter

performance agreement, the superintendent of public instruction shall publish the

reasons for the revocation or nonrenewal.
N.D. Cent. Code § 15.1-09-41 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-41
15.1-09-41. School board authority - Reward for destruction of school property
Status: in_force

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

The board of a school district may offer and pay a reward to any person who furnishes

information leading to the apprehension and conviction of one appropriating or destroying

property or equipment belonging to the district.
N.D. Cent. Code § 15.1-13-01 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-01
15.1-13-01. Definitions
Status: in_force

15.1-13-01. Definitions

For purposes of this chapter:

1. "Administrator" means an individual who holds an administrator's credential and who is

employed by the board of a school district for the primary purpose of providing

administrative services to the schools of the district. The term includes a school district

superintendent, an assistant or associate school district superintendent, a school

principal, an assistant or associate school principal, a special education director, a

director of a multidistrict special education unit, a career and technical education

director, and a director of an area career and technology center. The term may include

an athletic or activity director who meets the requirements of this subsection.

2. "Board" means the education standards and practices board.

3. "Profession of teaching" means providing services in an approved school as a teacher,

counselor, librarian, curriculum director or supervisor, speech or language therapist,

school psychologist, special educator, or administrator.
N.D. Cent. Code § 15.1-09-37 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-37
15.1-09-37. Duties of school board - Postsecondary instructional programs - Fees
Status: repealed

15.1-09-37. Duties of school board - Postsecondary instructional programs - Fees

Repealed by S.L. 2001, ch. 161, § 37.
N.D. Cent. Code § 15.1-30-01 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-01
15.1-30-01. Transportation or meals and lodging - Options of school board
Status: in_force

15.1-30-01. Transportation or meals and lodging - Options of school board

1. The board of a school district may:

a. Provide for the transportation of a student to and from school; or

b. If acceptable to the student's parent, reimburse the parent for expenses incurred

in providing meals and lodging to the student outside the student's home.

2. A parent receiving payments under section 15.1-30-02 is not eligible to receive

payments under this section.

3. If the board elects to provide for the transportation of students by public transit, the

board shall establish eligibility criteria based on a minimum distance between a

student's residence and the school. Except as otherwise provided by law, the board

shall apply the criteria equally to all students in the district.

4. If the board closes one of several schools in the district, nothing in this section

precludes the board from agreeing to provide transportation to those students who

were placed in another school in the district because of the closure.

5. Benefits under this section are available even if a student is transported to another

school district in or outside this state, provided the student's attendance meets all

other conditions established by law.
N.D. Cent. Code § 15.1-25-05 — ND Code / Title 15.1 / Chapter 15.1-25 / Section 15.1-25-05
15.1-25-05. Per student payments - Extracurricular activities
Status: in_force

15.1-25-05. Per student payments - Extracurricular activities

A student attending a postsecondary institution under this chapter is deemed to be in

attendance at the student's school district of residence for purposes of calculating per student

payments and for purposes relating to the student's eligibility to participate in high school

extracurricular activities.
N.D. Cent. Code § 15.1-14-04 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-04
15.1-14-04. School district superintendent - Grounds for dismissal
Status: in_force

15.1-14-04. School district superintendent - Grounds for dismissal

The board of a school district may dismiss a school district superintendent prior to the

expiration of the individual's contract for any of the following causes:

1. Immoral conduct.

2. Insubordination.

3. Conviction of a felony.

4. Conduct unbecoming the position of superintendent.

5. Failure to perform contracted duties without justification.

6. Gross inefficiency that the superintendent has failed to correct after written notice.

7. Continuing physical or mental disability that renders the superintendent unfit or unable

to perform the superintendent's duties.
N.D. Cent. Code § 15.1-29-14 — ND Code / Title 15.1 / Chapter 15.1-29 / Section 15.1-29-14
15.1-29-14. Student placement for noneducational purposes - Residency determination - Payment of tuition and tutoring charges
Status: in_force

15.1-29-14. Student placement for noneducational purposes - Residency

determination - Payment of tuition and tutoring charges.

1. a. Except as provided in subdivision b, for purposes of applying this chapter, a

student's school district of residence is the district in which the student's custodial

parent or legal guardian resides:

(1) At the time that a state court, tribal court, director of juvenile court, or the

division of juvenile services issues an order requiring the student to stay for

a prescribed period in foster care or at a state-licensed child care home or

facility;

(2) At the time a county or state social service agency places the student, with

the consent of the student's parent or legal guardian, in foster care or at a

state-licensed child care home or facility;

(3) At the time the student is initially placed in a state-operated institution, even

if the student is later placed in foster care or at a state-licensed child care

home or facility; or

(4) At the time the student is placed voluntarily, by a parent or legal guardian, in

a state-operated institution or in a state-licensed child care home, facility, or

program, located either within or outside the student's school district of

residence, including those defined in sections 25-01.2-01 and 50-11-00.1.

b. A determination regarding the student's school district of residence made under

subdivision a is valid until the September fifteenth following the determination. On

that date and each September fifteenth thereafter, the placing agency or the

entity funding the student's placement shall determine the district in which the

student's custodial parent or legal guardian resides and shall notify the district

that it is deemed to be the student's district of residence for purposes of this

chapter. If, however, the student is placed in accordance with paragraph 4 of

subdivision a and the placement is privately funded, the administrator of the

facility or program in which the student is placed shall determine the student's

school district of residence and provide the notification required by this

subdivision.

2. The student's school district of residence is obligated to pay:

a. All charges for tuition upon claim of the admitting district; and

b. All charges for tutoring services upon claim of an admitting facility, provided that

the tutoring services are delivered by an individual who is licensed to teach by the

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

standards and practices board.

3. The state shall pay the tuition and tutoring charges under subsection 2 from funds

appropriated by the legislative assembly for state aid to schools if, on the September

fifteenth after a student placement is made as provided for under subsection 1:

a. The student's custodial parent or legal guardian establishes residency outside

this state;

b. A court orders a termination of parental rights with respect to the student's

parents;

c. The student no longer has a custodial parent; or

d. The superintendent of public instruction has determined that all reasonable efforts

to locate a parent or legal guardian have been unsuccessful.

4. If the student is voluntarily admitted to a state-licensed child care home or facility, or to

a state-operated institution, the student's parent or, if one has been appointed, the

student's legal guardian may appeal a determination under section 15.1-29-05

regarding the payment of tuition by filing a petition with the county superintendent of

schools. Within fifteen days of receiving the petition, the three-member committee

established under section 15.1-29-06 shall consult with the boards of the affected

school districts and with the student's parent or legal guardian and render a decision

regarding responsibility for the payment of tuition charges.

5. If the student's district of residence does not pay the required tuition and tutoring

charges, the admitting district or facility shall notify the superintendent of public

instruction. Upon verification that tuition and tutoring charges are due and unpaid, the

superintendent shall withhold all state aid otherwise payable to the student's school

district of residence until the total amount due has been fully paid.

6. a. An amount equal to the state average per student elementary or high school cost,

depending on the student's grade of enrollment, is payable to the admitting

district or facility as part of the cost of educating the student for the school year.

The payment may not exceed the actual per student cost incurred by the

admitting district or facility.

b. The remainder of the actual cost of educating the student not covered by other

payments or credits must be paid by the state, within the limits of legislative

appropriations, from funds appropriated for the payment of special education

contract charges in the case of a student with disabilities or from state aid

payments to schools in all other cases. For purposes of this subdivision, "actual

costs" includes the cost of a summer program if the program is a condition of

placement at a residential facility that has been determined by a placing agency

or entity to be an appropriate placement for a student.

7. If a student with disabilities placed in accordance with this section reaches age

eighteen and continues to receive special education and related services, the student's

school district of residence is deemed to be the same as that of the student's custodial

parent until the special education services are concluded. The obligations of the

student's school district of residence as provided in subsection 2 and the obligations of

the state as provided in subsection 3 are applicable to all students described in this

subsection.

8. a. The placing agency or entity funding the student's placement shall provide written

or electronic notice regarding an initial placement and all subsequent placements

of a student to the superintendent of the student's school district of residence and

to the superintendent of the admitting district:

(1) Within five working days after a placement is made under court order;

(2) Within five working days after an emergency placement is made; or

(3) At least ten working days prior to any other placement.

b. If, however, the student's parent or legal guardian voluntarily places the student in

a state-operated institution or in a state-licensed child care home, facility, or

program, located outside the student's school district of residence, including

those defined in sections 25-01.2-01 and 50-11-00.1, and if the placement is

privately funded, the administrator of the facility or program in which the student

is placed shall determine the student's school district of residence and provide

the notification required by this section.

c. The notice must include any information requested by the superintendent of

public instruction for purposes of determining payment responsibility.

d. The placing agency shall afford the student's school district of residence

reasonable opportunity to participate in permanency planning for the student.

9. Notwithstanding this section, educational services provided to a student by the youth

correctional center are not subject to the payment of tuition and tutoring charges by

either the student's school district of residence or the superintendent of public

instruction.

10. For purposes of this section, "custodial parent" means the parent who has been

awarded sole legal and physical custody of the student in a legal proceeding or, if

there is currently no operative custody order, the parent with whom the student

resides. If the student resides with both parents, then both are custodial parents.
N.D. Cent. Code § 15.1-27-26.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-26.1
15.1-27-26.1. School district transportation of students - Payments
Status: repealed

15.1-27-26.1. School district transportation of students - Payments

Repealed by S.L. 2025, ch. 196, § 4.
N.D. Cent. Code § 15.1-34-01 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-01
15.1-34-01. Definitions
Status: in_force

15.1-34-01. Definitions

As used in this chapter:

1. "Boarding home care for a student with disabilities" means the provision of food,

shelter, security, and safety, on a twenty-four-hour basis, to an individual who has

reached the age of three years but who has not reached the age of twenty-one before

September first of the year in which the individual turns twenty-one and who because

of mental, physical, emotional, or learning characteristics requires regular or special

education and related services designed to meet the individual's educational needs.

2. "Department" means the department of health and human services.

3. "Family boarding home" means a private residence at which boarding home care is

regularly provided by the owner or lessee to no more than four students with

disabilities. The limit of four students may be exceeded if all the students boarding at

the home are related to each other by blood or marriage.

4. "Registration" means the process by which the department maintains a record of all

family boarding homes, prescribes standards and adopts rules under section

15.1-34-14, and requires the operator of a home to certify that the operator has

complied with the prescribed standards and adopted rules.

5. "Registration certificate" means a document issued by the department to provide

public notice that the certificate holder is in compliance with this chapter and the

applicable rules and standards prescribed by the department.

6. "Relative" means a grandparent, brother, sister, stepparent, stepsister, stepbrother,

uncle, or aunt of the student by marriage, blood, or adoption.
N.D. Cent. Code § 15.1-32-14 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-14
15.1-32-14. High-cost students
Status: in_force

15.1-32-14. High-cost students

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

student with a disability or a student with a significant medical condition is unable to

attend a public school in the student's school district of residence, the student's school

district of residence shall release the student at the time deemed necessary to begin

attendance with another public school that:

a. Is located in this state;

b. Is willing to admit the student; and

c. Is able to provide appropriate services to the student.

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

cost of educating the student.

3. Upon being notified by the district in which the student receives services that the

student's school district of residence has not paid for services that were provided to

the student, the superintendent of public instruction, after verification, shall withhold all

state aid payments to which the student's school district of residence is entitled, until

the required payments have been made.
N.D. Cent. Code § 15.1-34-10 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-10
15.1-34-10. Records - Students - Confidentiality
Status: in_force

15.1-34-10. Records - Students - Confidentiality

All records and information regarding a student for whom care is provided under this

chapter are confidential and may be disclosed only:

1. As part of a judicial proceeding;

2. To officers of the law;

3. To representatives of a governmental entity;

4. To the parent of a student for whom care is provided under this chapter; and

5. To any person who in the opinion of the department has, or may acquire, an advocacy

function on behalf of a student for whom care is provided under this chapter.
N.D. Cent. Code § 15.1-13-12 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-12
15.1-13-12. Teaching license - Period of effectiveness
Status: in_force

15.1-13-12. Teaching license - Period of effectiveness

A teaching license issued by the board is effective for at least one school year, unless

suspended or revoked by the board. This section does not apply to provisional teaching licenses

issued by the board under section 15.1-13-13.
N.D. Cent. Code § 15.1-32-23 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-23
15.1-32-23. Special education teachers - Credentialing process
Status: repealed

15.1-32-23. Special education teachers - Credentialing process

Repealed by S.L. 2017, ch. 129, § 8.
N.D. Cent. Code § 15.1-39-01 — ND Code / Title 15.1 / Chapter 15.1-39 / Section 15.1-39-01
15.1-39-01. Definitions
Status: in_force

15.1-39-01. Definitions

As used in this chapter:

1. "School" means a public school or a not-for-profit nonpublic school whose athletic

teams compete against a public school.

2. "Sex" means the biological state of being female or male, based on an individual's

nonambiguous sex organs, chromosomes, or endogenous hormone profile at birth.

3. "Student" means an individual enrolled at a school.
N.D. Cent. Code § 15.1-32-10 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-10
15.1-32-10. Gifted students
Status: in_force

15.1-32-10. Gifted students

A school district may provide special education to students who are gifted.
N.D. Cent. Code § 15.1-07-21 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-21
15.1-07-21. School district business manager - Duties
Status: in_force

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

The business manager of a school district shall:

1. Keep a true and accurate record of all school board proceedings.

2. Hold all books and records of the district and deliver them to the business manager's

successor in office.

3. Prepare and submit an annual report to the board and to the county superintendent of

schools.

4. Authorize the preparation of all negotiable instruments as directed by the board.

5. Perform all duties required by law.

6. Perform duties required by the board.

7. Keep true and accurate district financial records.

8. Prepare and submit a school district financial report to the board quarterly or in the

case of a business manager for a district having only one-room or two-room schools,

to submit the report at the request of the board.

9. Produce all district financial records when directed to do so by the board.

10. Maintain custody of all district moneys coming into the business manager's hands.

11. Pay out district moneys under the business manager's control as directed by the

board.

12. Receive and maintain custody of all moneys to which the district or the board is

entitled.
N.D. Cent. Code § 15.1-12-07 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-07
15.1-12-07. Transfer of real property upon annexation, reorganization, or dissolution
Status: in_force

15.1-12-07. Transfer of real property upon annexation, reorganization, or dissolution

The legal title to all real property owned by a school district and annexed to another school

district, included in a reorganized district, or subjected to dissolution, vests in the board of the

reorganized school district or of the district to which the property is annexed or attached on the

effective date of the reorganization, annexation, or dissolution. If the reorganized district or

district to which the property is annexed or attached includes less than the whole of the former

district, legal title to the real property of the former district vests in the board of the school district

in which the property is situated on the effective date of the reorganization, annexation, or

dissolution. If the real property of a dissolved district is sold, exchanged, or donated to another

political subdivision pursuant to section 15.1-12-27, legal title to the real property vests in the

political subdivision to which the real property was sold, exchanged, or donated on the effective

date of the dissolution. A certificate prepared by a licensed attorney, citing the legal description

of the property and stating that the property has become annexed, attached, or reorganized with

another school district, or sold, exchanged, or donated to another political subdivision, must be

recorded in the office of the recorder of the county in which the property is located.
N.D. Cent. Code § 15.1-02-09 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-09
15.1-02-09. School district finance facts report - Contents
Status: in_force

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

The superintendent of public instruction shall submit an annual report on the financial

condition of school districts to the governor, legislative council, and the secretary of state by the

end of February. The secretary of state shall transmit the report to the state archivist for official

and public use. The report must include:

1. The number of school districts in the state.

2. The financial condition of each school district, including its receipts and expenditures.

3. The value of all property owned or controlled by each school district.

4. The cost of education in each school district.

5. The number of teachers employed by each school district and their salaries.

6. The number of students in average daily membership, in weighted average daily

membership, and in average daily attendance, in each school district, the grades in

which the students are enrolled, and, when applicable, the courses in which the

students are enrolled.

7. Information regarding the state's approved nonpublic schools.

8. Other statistical data on public education in the state.
N.D. Cent. Code § 15.1-12-11 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-11
15.1-12-11. School district reorganization - Approved plan - Special election - Formation of new district
Status: in_force

15.1-12-11. School district reorganization - Approved plan - Special election -

Formation of new district.

1. If the state board approves a reorganization plan, the state board shall notify each

county superintendent of schools having jurisdiction over real property in the proposed

new district. A county superintendent receiving notice under this section shall call a

special election in order that the electors residing within the boundaries of the

proposed new district may approve or reject the reorganization plan. The election must

be held between July first and December thirty-first of the year in which the plan is

approved by the state board. If there are insufficient days left in the year to meet the

notice requirements of this section, the election must be held the following year.

2. If the state board approves a reorganization plan, the state board shall notify job

service North Dakota of the names of the school districts planning to reorganize, the

election date proposed in the reorganization plan, the proposed effective date of the

reorganization, and the proposed name of the new reorganized school district.

3. The county superintendent shall give notice of the election by publishing the time,

date, and place of the election in the official newspaper of the county, at least fourteen

days before the date of the election.

4. The election notice must:

a. State that the election has been called for the purpose of approving or rejecting a

plan to form a new school district;

b. Describe the boundaries of the proposed new district; and

c. Include a statement describing the adjustment of property, debts, and liabilities

proposed in the plan, together with the proposed tax levy.

5. The county superintendent shall appoint judges and clerks of the election. The election

must be conducted in the same manner and the polls must open and close at the

same time as specified for school district elections.

6. The result of the elections must be certified by the participating school boards and

delivered to the county superintendent within three days after the closing of the polls.

7. If a majority of electors residing within each school district vote to approve the

reorganization plan, the county superintendent shall make the necessary adjustments

of property, debts, and liabilities and perform all duties required by law in order to

establish and organize the new school district. The county superintendent shall also

notify job service North Dakota regarding the results of the election and, if the

reorganization is approved, shall indicate the effective date of the reorganization and

the name of the new reorganized school district.
N.D. Cent. Code § 15.1-33-09 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-09
15.1-33-09. Multidistrict special education unit - Board - Coordination of student transportation
Status: in_force

15.1-33-09. Multidistrict special education unit - Board - Coordination of student

transportation.

The board of a multidistrict special education unit shall plan and coordinate the

transportation of each student receiving special education services within the unit.
N.D. Cent. Code § 15.1-27-40 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-40
15.1-27-40. Approved joint powers agreement - Report of expenses
Status: repealed

15.1-27-40. Approved joint powers agreement - Report of expenses

Repealed by S.L. 2007, ch. 162, § 18.
N.D. Cent. Code § 15.1-06-11 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-11
15.1-06-11. Exit doors - Free of obstructions
Status: in_force

15.1-06-11. Exit doors - Free of obstructions

A school principal shall ensure that, during all hours students are in school, any door or

doorway that could be used as an exit in case of fire or other emergency remains free of all

obstruction and free of any device or mechanism which may impede immediate egress through

the door or doorway. This section does not include doors that provide access solely to private

offices, supply rooms, or storage rooms.
N.D. Cent. Code § 15.1-16-05 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-05
15.1-16-05. Education factfinding commission - Rules - Powers
Status: in_force

15.1-16-05. Education factfinding commission - Rules - Powers

The education factfinding commission may adopt rules. The commission and any factfinder

appointed by the commission have, in the performance of their duties, the powers provided in

sections 28-32-33, 28-32-34, and 28-32-36.
N.D. Cent. Code § 15.1-27-08 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-08
15.1-27-08. Per student payments - Unaccredited high schools
Status: repealed

15.1-27-08. Per student payments - Unaccredited high schools

Repealed by S.L. 2011, ch. 131, § 9.
N.D. Cent. Code § 15.1-40-21 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-21
15.1-40-21. Funding - Categorical aid - Transportation
Status: in_force

15.1-40-21. Funding - Categorical aid - Transportation

1. A public charter school shall certify to the superintendent of public instruction its

student enrollment in accordance with section 15.1-27-02.

2. The state shall pay to the public charter school an amount equal to the statewide

average amount distributed per student under subsection 5 of section 15.1-27-04.1 for

the previous year for each student enrolled in the public charter school.

3. The state shall pay the proportionate share of moneys derived from federal and state

categorical aid programs to public charter schools with students or teachers who are

eligible for such aid. A public charter school that receives categorical aid shall comply

with related reporting requirements.

4. A public charter school may enter a contract with a local school district or private

provider to provide transportation to students of the public charter school.

5. Any moneys remaining in an account of a public charter school at the end of a budget

year must remain in the account for use by the public charter school during

subsequent budget years.

6. This chapter does not prohibit any person from providing funding or other assistance

to a public charter school. The governing board of a public charter school may accept

gifts, donations, and grants and may expend or use gifts, donations, and grants in

accordance with the conditions prescribed by the donor, if the condition is not contrary

to law or the charter performance contract.
N.D. Cent. Code § 15.1-06-02 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-02
15.1-06-02. School holidays
Status: in_force

15.1-06-02. School holidays

1. Schools may not be in session on the following holidays:

a. Any Sunday.

b. New Year's Day, the first day of January.

c. Good Friday, the Friday preceding Easter Sunday.

d. Memorial Day, the last Monday in May.

e. The anniversary of the Declaration of Independence, the fourth day of July.

f. Labor Day, the first Monday in September.

g. Veteran's Day, the eleventh day of November.

h. Thanksgiving Day, the fourth Thursday in November.

i. Christmas Day, the twenty-fifth day of December.

j. Any day declared to be a public holiday by the President of the United States or

the governor.

2. Notwithstanding the provisions of subsection 1, if the first day of January, the fourth

day of July, the eleventh day of November, or the twenty-fifth day of December is a

Sunday, the school district shall observe the holiday on the following Monday.

3. Notwithstanding the provisions of subsection 1, if the eleventh day of November is a

Saturday, the school district shall observe the holiday on the preceding Friday.

4. The board of a school district may direct that classes not be held on the day of a

statewide election if the school is used as a polling place on that day.
N.D. Cent. Code § 15.1-10-04 — ND Code / Title 15.1 / Chapter 15.1-10 / Section 15.1-10-04
15.1-10-04. State's attorney to represent committee
Status: in_force

15.1-10-04. State's attorney to represent committee

Each county's state's attorney shall serve as legal counsel to the county committee. The

state's attorney shall defend the committee and any of its officers in legal proceedings relating to

the conduct or business of the committee. If providing this defense would cause a conflict with

the other duties of the state's attorney, the board of county commissioners, at county expense,

shall employ a special counsel to represent the committee in the proceedings.
N.D. Cent. Code § 15.1-27-06 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-06
15.1-27-06. Per student payments - Weighting factors - High school students
Status: repealed

15.1-27-06. Per student payments - Weighting factors - High school students

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-21-19 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-19
15.1-21-19. Summative assessment - Selection - Cost - Exemptions
Status: in_force

15.1-21-19. Summative assessment - Selection - Cost - Exemptions

1. Except as otherwise provided, each public and nonpublic school student in grade

eleven may take:

a. The ACT or an equivalent nationally recognized standardized test approved by

the state board of higher education, including the writing test; or

b. Three WorkKeys assessments or an equivalent nationally recognized

standardized test, recommended by the department of career and technical

education and approved by the superintendent of public instruction.

2. The student's career advisor or guidance counselor shall meet with the student to

review the student's assessment results.
N.D. Cent. Code § 15.1-34-08 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-08
15.1-34-08. Registration certificate - Information
Status: in_force

15.1-34-08. Registration certificate - Information

The registration certificate must indicate the name of the owner or operator of the boarding

home, the location of the boarding home, and the maximum number of students with disabilities

who, at any one time, may board at the home.
N.D. Cent. Code § 15.1-14-24 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-24
15.1-14-24. Area career and technology center - Director - Grounds for dismissal
Status: in_force

15.1-14-24. Area career and technology center - Director - Grounds for dismissal

The board of an area career and technology center may dismiss a director prior to the

expiration of the individual's contract for any of the following causes:

1. Immoral conduct.

2. Insubordination.

3. Conviction of a felony.

4. Conduct unbecoming the position of a director.

5. Failure to perform contracted duties without justification.

6. Gross inefficiency that the director has failed to correct after written notice.

7. Continuing physical or mental disability that renders the director unfit or unable to

perform the director's duties.
N.D. Cent. Code § 15.1-30-03 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-03
15.1-30-03. Transportation payments - Written request - Waiver
Status: in_force

15.1-30-03. Transportation payments - Written request - Waiver

A parent entitled to any payment authorized by a school board under this chapter shall

submit to the school district a written request for payment before June thirtieth of each school

year or the payment is deemed waived. Any payment not made within one year of the date on

which it is requested is deemed to have been refused and the claim is deemed to have expired.
N.D. Cent. Code § 15.1-18-04 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-04
15.1-18-04. Student teacher - Eminence-credentialed teacher - Legal authority and status
Status: in_force

15.1-18-04. Student teacher - Eminence-credentialed teacher - Legal authority and

status.

1. An individual assigned as a student teacher or employed as an eminence-credentialed

teacher has the same legal authority and status as a licensed teacher employed by the

school district. The authority extends to all aspects of student management and

discipline, the handling of confidential student records, and to all legal authority

granted to a licensed teacher in the state.

2. An individual assigned as a student teacher or employed as an eminence-credentialed

teacher must be deemed a licensed teacher employed by the district with respect to

acts performed by the individual at the direction of or with the consent of the district

employees under whose supervision and control the individual performs duties,

whether or not the duties are performed entirely in the presence of district employees

assigned to supervise the individual.

3. An individual assigned as a student teacher or employed as an eminence-credentialed

teacher must be deemed an employee of the school district for purposes of liability

insurance coverage under sections 32-12.1-05 and 39-01-08.

4. For purposes of this chapter, "eminence-credentialed teacher" means an individual

who provides teaching services in accordance with subsection 21 of section

15.1-09-33.
N.D. Cent. Code § 15.1-07-42 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-42
15.1-07-42. School districts - Policy - Voting
Status: in_force

15.1-07-42. School districts - Policy - Voting

Each school district shall adopt a policy allowing a student who is a qualified elector to leave

campus to vote in a general, special, or primary election. The policy may include conditions for

the student's absence, including a limitation on the length of time the student may be absent or

a designated time to vote.
N.D. Cent. Code § 15.1-32-07 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-07
15.1-32-07. Director of special education - Assistance to school districts
Status: in_force

15.1-32-07. Director of special education - Assistance to school districts

The director of special education shall assist school districts with the development and

administration of special education programs.
N.D. Cent. Code § 15.1-07-22 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-22
15.1-07-22. School district business manager - Affirmation or oath of office
Status: repealed

15.1-07-22. School district business manager - Affirmation or oath of office

Repealed by S.L. 2001, ch. 161, § 37.
N.D. Cent. Code § 15.1-32-12 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-12
15.1-32-12. Multidisciplinary teams - Individualized education programs - Services plans
Status: in_force

15.1-32-12. Multidisciplinary teams - Individualized education programs - Services

plans.

If a school district has evidence of a student's disability, the school district shall convene a

multidisciplinary team. The team must include educational professionals and the student's

parent and may include medical professionals. The team shall share assessment information

related to the student's suspected disability. If necessary, the team shall develop an

individualized education program or services plan and make recommendations for the delivery

of special education and related services to the student.
N.D. Cent. Code § 15.1-27-27 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-27
15.1-27-27. School district transportation of special education students - Payments
Status: repealed

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

Repealed by S.L. 2003, ch. 667, § 41.
N.D. Cent. Code § 15.1-09-17 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-17
15.1-09-17. Notification of elected individuals - Notice to county superintendent of schools
Status: in_force

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

schools.

Within three days after the canvass by the school board for a school district election, the

business manager of the school district shall provide to each elected individual written notice of

the individual's election and of the duty to take an affirmation or oath of office. Within ten days

after the canvass by the school board, the business manager shall certify the individuals elected

and their terms to the county superintendent of schools.
N.D. Cent. Code § 15.1-19-04 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-04
15.1-19-04. Religious instruction - Excuse of student
Status: in_force

15.1-19-04. Religious instruction - Excuse of student

At the request of a student's parent or guardian, the student's school principal shall permit a

student to be excused for up to one hour each week in order to obtain religious instruction.
N.D. Cent. Code § 15.1-07-07 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-07
15.1-07-07. District's limit of indebtedness - Increase - Notification of county auditor
Status: in_force

15.1-07-07. District's limit of indebtedness - Increase - Notification of county auditor

If a majority of the votes cast are in favor of increasing the school district's limit of

indebtedness, the president of the school board and the school district business manager shall

inform the county auditor, in writing, of the election results and of the fact that the district's limit

of indebtedness has been increased to ten percent of the assessed valuation of all taxable

property in the district.
N.D. Cent. Code § 15.1-17-03 — ND Code / Title 15.1 / Chapter 15.1-17 / Section 15.1-17-03
15.1-17-03. Personnel file - Objection to documents
Status: in_force

15.1-17-03. Personnel file - Objection to documents

If a teacher believes that any document in the teacher's personnel file, other than a formal

performance evaluation, is inappropriate or inaccurate, the teacher may request that the file be

reviewed by the principal of the school or by the administrator if the school is a state institution

that provides elementary and secondary education to its students. If a teacher employed by a

school district is dissatisfied with the outcome of the initial review, the teacher is entitled to have

the file reviewed, upon written request, by the school district superintendent. If a teacher

employed by a school district is dissatisfied with the outcome of the superintendent's review, the

teacher is entitled to have the file reviewed, upon written request, by the school board.
N.D. Cent. Code § 15.1-09-31 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-31
15.1-09-31. School board proceedings - Publication
Status: in_force

15.1-09-31. School board proceedings - Publication

Every two years, at the time of a school district's annual election of board members, the

electors of the district shall determine whether a record of the board proceedings must be

published in the official newspaper of the district. If a majority of the electors voting on the

question approve the publication, the school district business manager shall provide for

publication of the school board proceedings, including an itemized list of obligations approved

for payment. If appropriate, the business manager shall require that the newspaper publishing

the board proceedings indicate that the published proceedings are subject to review and

revision by the board. The business manager shall ensure that the proceedings are published

within a reasonable time after each board meeting. A vote to approve the publication is effective

for a period of two years or until disapproved at a succeeding school district election.
N.D. Cent. Code § 15.1-02-18.1 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-18.1
15.1-02-18.1. Statewide longitudinal data system - Information technology department - Powers and duties
Status: repealed

15.1-02-18.1. Statewide longitudinal data system - Information technology department

- Powers and duties.

Repealed by S.L. 2015, ch. 141, § 9.
N.D. Cent. Code § 15.1-13-06 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-06
15.1-13-06. Meetings - Notice
Status: in_force

15.1-13-06. Meetings - Notice

The chairman of the board shall set the date and time of the board meetings and shall

provide at least ten days' notice of the meeting to all board members. The chairman shall call a

special meeting when requested to do so, in writing, by a majority of the board members.
N.D. Cent. Code § 15.1-06-04.1 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-04.1
15.1-06-04.1. School district calendar - Limitation
Status: repealed

15.1-06-04.1. School district calendar - Limitation

Repealed by S.L. 2021, ch. 142, § 1.
N.D. Cent. Code § 15.1-07-34 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-34
15.1-07-34. Youth behavioral health and child abuse and neglect training for teachers, administrators, and ancillary staff
Status: in_force

15.1-07-34. Youth behavioral health and child abuse and neglect training for teachers,

administrators, and ancillary staff.

1. Every two years, a school district may provide a minimum of eight hours of

professional development on youth behavioral health, child abuse, and child neglect to

elementary, middle, and high school teachers and administrators. A school district may

encourage ancillary and support staff to participate in the professional development.

Based on the annual needs assessment of the school district, these hours may be

designated from the following categories:

a. Trauma;

b. Social and emotional learning, including resiliency;

c. Suicide prevention;

d. Bullying;

e. Understanding of the prevalence and impact of youth behavioral health wellness

on family structure, education, juvenile services, law enforcement, and health

care and treatment providers;

f. Knowledge of behavioral health symptoms and risks;

g. Awareness of referral sources and evidence-based strategies for appropriate

interventions;

h. Child protective services;

i. Other evidence-based strategies to reduce risk factors for students; or

j. Current or new evidence-based behavior prevention or mitigation techniques.

2. Each school within a district shall designate an individual as a behavioral health

resource coordinator.

3. The superintendent of public instruction shall collaborate with regional education

associations to disseminate information, training and instructional materials, and notice

of training opportunities to school districts and nonpublic schools. The training must

qualify for continuing education credits that count toward license renewal.

4. The superintendent of public instruction shall maintain the contact information of the

behavioral health resource coordinator in each school.

5. Before initial licensure, a public or nonpublic school teacher, administrator, librarian,

and counselor shall submit documentation to the education standards and practices

board verifying completion of a mandated reporter training program for suspected child

abuse or neglect. The department of health and human services shall develop and

provide an online interactive training module that may be used by a college of teacher

education, an individual educator, and an educational institution to fulfill the training

requirement. A college, school, and regional education association may offer a

mandated reporter training program that satisfy the requirements outlined in this

section for subsequent trainings at the district level.
N.D. Cent. Code § 15.1-12-09 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-09
15.1-12-09. School district reorganization - Initiation of a reorganization plan
Status: in_force

15.1-12-09. School district reorganization - Initiation of a reorganization plan

1. In order for two or more contiguous school districts or contiguous portions of two or

more school districts to initiate a reorganization process, the board of each

participating school district must:

a. Vote to pursue the reorganization;

b. Prepare a reorganization plan;

c. Approve the reorganization plan; and

d. Submit the plan to the county superintendent having jurisdiction over the major

portion of property in each participating school district.

2. Submission of a reorganization plan to the county superintendent after July 31, 2001:

a. Renders an annexation petition involving any real property that is included in the

reorganization plan void, unless the annexation has already been approved by

the state board; and

b. Prohibits the acceptance of a new annexation petition involving any real property

that is included in the reorganization plan, until all reorganization proceedings

have been completed.
N.D. Cent. Code § 15.1-21-17 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-17
15.1-21-17. Interim assessment
Status: repealed

15.1-21-17. Interim assessment

Repealed by S.L. 2021, ch. 158, § 9.
N.D. Cent. Code § 15.1-09-09 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-09
15.1-09-09. School district elections - Notice
Status: in_force

15.1-09-09. School district elections - Notice

Thirty days before the filing deadline for candidate names to be printed on the ballot, an

official notice of this deadline must be published in the official newspaper of the city or county. At

least fourteen days before the date of an annual or special school district election, the school

board shall publish a notice in the official newspaper of the district stating the time and place of

the election and the purpose of the vote. If a school board agrees to hold the election in

conjunction with a primary election, the deadline for giving notice of the school district election

and the purpose of the vote must meet the publishing requirements of the county. The

governing body of the city of Fargo shall publish notice with respect to Fargo school district

elections.
N.D. Cent. Code § 15.1-11-01 — ND Code / Title 15.1 / Chapter 15.1-11 / Section 15.1-11-01
15.1-11-01. County superintendent of schools - Employment - Qualifications
Status: in_force

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

1. Except as provided in section 15.1-11-02, each board of county commissioners shall

employ a county superintendent of schools on a full-time or a part-time basis. An

individual hired under this section:

a. Must hold a baccalaureate degree from a regional or nationally accredited

institution of higher education approved for teacher education.

b. Must hold a valid North Dakota professional teaching license.

c. Must have experience teaching at an approved elementary, middle, or secondary

school.

d. Must be approved by a majority of the school board presidents representing

school districts having their administrative headquarters in the county.

e. Serves until the individual resigns or is discharged by the board of county

commissioners at the direction of a majority of the school board presidents

referenced in subdivision d.

2. The presidents of the school boards referenced in subsection 1 shall perform the

duties of school boards with respect to the evaluation, renewal, and discharge of an

individual hired under this section.
N.D. Cent. Code § 15.1-02-17 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-17
15.1-02-17. State accountability plan - Legislative review
Status: in_force

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

Before the superintendent of public instruction may submit to the United States secretary of

education any proposed changes in the state accountability plan required under the Every

Student Succeeds Act of 2015 [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28 et seq.], the

superintendent shall present the proposed changes to an interim committee designated by the

legislative management. The committee shall review the proposed changes; accept testimony

and documentary evidence regarding the impact of the proposed changes on the students,

schools, school districts, and taxpayers of this state; and provide advice and recommendations

regarding the proposed changes to the superintendent.
N.D. Cent. Code § 15.1-18-01 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-01
15.1-18-01. Early childhood education teaching license
Status: in_force

15.1-18-01. Early childhood education teaching license

The education standards and practices board shall issue an optional early childhood

education teaching license or endorsement to an applicant who meets the requirements set by

the board. The optional early childhood education teaching license may be used in nonparental

settings such as early childhood programs, preschool programs, and head start programs.
N.D. Cent. Code § 15.1-06-03 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-03
15.1-06-03. School year - Definition
Status: in_force

15.1-06-03. School year - Definition

The school year begins on July first and ends on June thirtieth the following year.
N.D. Cent. Code § 15.1-08-02 — ND Code / Title 15.1 / Chapter 15.1-08 / Section 15.1-08-02
15.1-08-02. Military installation - School board members - Terms of office - Qualifications - Vacancies
Status: in_force

15.1-08-02. Military installation - School board members - Terms of office -

Qualifications - Vacancies.

The board of a school district formed under this chapter consists of five members. The

superintendent of public instruction shall adopt rules providing appointment procedures. The

superintendent, after consultation with the base commander and with the approval of the state

board of public school education, shall appoint board members in April of each year. A board

member must be an active member or spouse of an active member of the military installation, or

a retired member or spouse of a retired member of the military installation whose permanent

residence is located within the state and is no greater than twenty miles [32.19 kilometers] from

the military installation. An individual who serves on the board of a school district in the district

where they reside may not simultaneously be appointed to the board of a military installation.

The school board members shall serve three-year terms except the superintendent of public

instruction shall designate two of the members initially appointed to serve two-year terms and

two of the members initially appointed to serve one-year terms. If a vacancy occurs, the school

board shall appoint an individual to serve for the remainder of the unexpired term.
N.D. Cent. Code § 15.1-16-22 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-22
15.1-16-22. Negotiation strategy and instructions - Executive session
Status: in_force

15.1-16-22. Negotiation strategy and instructions - Executive session

The board of a school district, or any authorized subcommittee of the board, may hold an

executive session under section 44-04-19.2 to discuss negotiating strategies or to provide to its

representative negotiating instructions, which are applicable to anticipated or pending:

1. Litigation;

2. Adversarial administrative proceedings; or

3. Contracts.
N.D. Cent. Code § 15.1-09-18 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-18
15.1-09-18. School district election - Absentee ballots - Recounts
Status: in_force

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

Absentee ballots must be available in any school district election in accordance with chapter
N.D. Cent. Code § 15.1-23-12 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-12
15.1-23-12. Home education - Remediation plan
Status: in_force

15.1-23-12. Home education - Remediation plan

The superintendent of the school district shall use the remediation plan required by section

15.1-23-11 as the basis for determining reasonable academic progress. The remediation plan

must remain in effect until such time as the child achieves on a standardized achievement test a

basic composite score at or above the thirtieth percentile or a score, which when compared to

the previous year's test score, demonstrates one year of academic progress. At the option of the

parent, the test may be one required by section 15.1-23-09 or one administered in a higher

grade level. The child's parent, with the advice and consent of an individual who is licensed to

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

education standards and practices board, may amend the remediation plan from time to time in

order to accommodate the child's academic needs. If after a remediation plan is no longer in

effect the child fails to demonstrate reasonable academic progress on a subsequent test

required by this section, a remediation plan must again be developed and implemented.
N.D. Cent. Code § 15.1-36-08 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-08
15.1-36-08. School construction assistance revolving loan fund - Bank of North Dakota - School construction projects - Continuing appropriation
Status: in_force

15.1-36-08. School construction assistance revolving loan fund - Bank of North

Dakota - School construction projects - Continuing appropriation.

1. The school construction assistance revolving loan fund is a special revolving loan fund

administered by the Bank. The fund consists of all moneys appropriated or transferred

to the fund by the legislative assembly, all interest or other earnings of the fund, and all

repayments of loans made from the fund.

2. Moneys in the fund, interest upon the moneys in the fund, and payments to the fund of

principal and interest are appropriated to the Bank on a continuing basis for the

purpose of providing low-interest school construction loans and for paying

administrative costs, in accordance with this section.

3. For a school construction project not located on an air force base, to be eligible for a

loan under this section, the board of a school district shall:

a. Propose a new construction or remodeling project with a cost of at least

one million dollars and an expected utilization of at least thirty years;

b. Obtain the approval of the superintendent of public instruction for the project

under section 15.1-36-01;

c. (1) Publish in the official newspaper of the district the information regarding the

proposed estimated additional millage and the dollar increase per

one thousand dollars of taxable valuation in accordance with section

21-03-13 along with the notice of the election in accordance with section

21-03-12 or along with the initial resolution in accordance with subsection 7

of section 21-03-07; and

(2) Post the information on the school district's website before the date of the

election or during the protest period in accordance with chapter 21-03;

d. Receive authorization for a bond issue in accordance with chapter 21-03; and

e. Submit a completed application to the Bank.

4. For a school construction project located on an air force base, to be eligible for a loan

under this section, the board of the school district shall:

a. Propose a new construction or remodeling project on an air force base which has

a cost of at least one million dollars and an expected utilization of at least thirty

years;

b. Obtain the approval of the superintendent of public instruction for the project

under section 15.1-36-01;

c. Obtain all necessary federal authorizations and funding commitments for the

project; and

d. Submit a completed application to the Bank.

5. The superintendent of public instruction shall review loan applications based on a

prioritization system that includes a review of all applications filed during the

twelve-month period preceding April first and gives consideration to:

a. Student occupancy and academic needs in the district;

b. The age of existing structures to be replaced or remodeled;

c. Building design proposals that are based on safety and vulnerability

assessments;

d. Community support;

e. Cost; and

f. Any other criteria established by the superintendent of public instruction, after

consultation with an interim committee appointed by the legislative management.

6. If the superintendent of public instruction approves the loan, the Bank shall issue a

loan from the school construction assistance revolving loan fund. For a loan made

under this section:

a. If the school construction project totals less than seventy-five million dollars, the

maximum loan amount for which a school district may qualify is ten million

dollars. However, if a school district's unobligated general fund balance on the

preceding June thirtieth exceeds the limitation under section 15.1-27-35.3, the

loan amount under this section may not exceed eighty percent of the project's

cost up to a maximum loan amount of eight million dollars;

b. If the school construction project totals seventy-five million dollars or more, the

maximum loan amount for which a school district may qualify is twenty million

dollars. However, if a school district's unobligated general fund balance on the

preceding June thirtieth exceeds the limitation under section 15.1-27-35.3, the

loan amount under this section may not exceed eighty percent of the project's

cost up to a maximum loan amount of sixteen million dollars;

c. If the school construction project is on an air force base, the maximum loan

amount for which the school district may qualify is the lesser of twenty percent of

the project cost or twenty million dollars;

d. The term of the loan is twenty years, unless the board of the school district

requests a shorter term in the written loan application; and

e. The interest rate of the loan may not exceed two percent per year.

f. A district with a school construction loan secured on the open bond market may

apply to refinance the loan when callable with the school construction assistance

revolving loan fund under this subsection.

7. The Bank may adopt policies and establish guidelines to administer this loan program

in accordance with this section. The Bank may use a portion of the interest paid on the

outstanding loans as a servicing fee to pay for administration costs which may not

exceed one-half of one percent of the amount of the interest payment. The Bank shall

deposit principal and interest payments made by school districts for loans under this

section in the school construction assistance revolving loan fund. The fund must be

audited annually pursuant to section 6-09-29, and the cost of the audit must be paid

from the fund.
N.D. Cent. Code § 15.1-18-09 — ND Code / Title 15.1 / Chapter 15.1-18 / Section 15.1-18-09
15.1-18-09. High school qualifications
Status: repealed

15.1-18-09. High school qualifications

Repealed by S.L. 2017, ch. 138, § 4.
N.D. Cent. Code § 15.1-09.1-12 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-12
15.1-09.1-12. Regional education association - Audit
Status: in_force

15.1-09.1-12. Regional education association - Audit

To be eligible for state funding, a regional education association must be audited, at least

once every two years, by a certified public accountant, a licensed public accountant, or the state

auditor. The audit must be presented to the state board of public school education. If any

irregularities are noted, the state board of public school education may direct the superintendent

of public instruction to withhold all payments to a regional education association until the board

determines the irregularities have been addressed.
N.D. Cent. Code § 15.1-24-04 — ND Code / Title 15.1 / Chapter 15.1-24 / Section 15.1-24-04
15.1-24-04. Treatment or assistance records - Confidential
Status: in_force

15.1-24-04. Treatment or assistance records - Confidential

Any record of a student's medical treatment, use of a chemical abuse assistance program,

or other individual record generated under this chapter, is confidential. It is not part of the

student's educational record and may not be released without the written consent of the student,

or if the student is less than age fourteen, without the written consent of the student's parent.
N.D. Cent. Code § 15.1-02-02 — ND Code / Title 15.1 / Chapter 15.1-02 / Section 15.1-02-02
15.1-02-02. Salary
Status: in_force

15.1-02-02. Salary

The annual salary of the superintendent of public instruction is one hundred forty-seven

thousand nine hundred seventy-eight dollars through June 30, 2026, and one hundred fifty-two

thousand four hundred seventeen dollars thereafter.
N.D. Cent. Code § 15.1-31-04 — ND Code / Title 15.1 / Chapter 15.1-31 / Section 15.1-31-04
15.1-31-04. Open enrollment - Students with disabilities - Additional costs
Status: in_force

15.1-31-04. Open enrollment - Students with disabilities - Additional costs

If an application under this chapter is approved for a student with a disability, the board of

the student's school district of residence shall pay to the admitting district the costs incurred by

the admitting district in providing special education and related services to the student. The

superintendent of public instruction shall reimburse the student's school district of residence for

all excess costs, as defined in section 15.1-32-18.
N.D. Cent. Code § 15.1-26-03 — ND Code / Title 15.1 / Chapter 15.1-26 / Section 15.1-26-03
15.1-26-03. Adult basic and secondary education programs - Availability
Status: in_force

15.1-26-03. Adult basic and secondary education programs - Availability

The board of a school district may make adult basic and secondary education programs

available to any individual over sixteen years of age who is unable to attend the public schools

of the district.
N.D. Cent. Code § 15.1-27-21 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-21
15.1-27-21. Payment to school district - Property valuation changes
Status: repealed

15.1-27-21. Payment to school district - Property valuation changes

Repealed by S.L. 2007, ch. 163, § 58.
N.D. Cent. Code § 15.1-21-08.1 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-08.1
15.1-21-08.1. Parental directive - Administration of tests and assessments - Report
Status: in_force

15.1-21-08.1. Parental directive - Administration of tests and assessments - Report

1. A student's parent may direct the school district in which the student is enrolled not to

administer to the student any state test or state assessment required in accordance

with section 15.1-21-08.

2. In addition to the authority granted under subsection 1, a student's parent may direct

that the school district in which the student is enrolled not administer any other specific

test or assessment to the student, except a parental directive under this subsection

does not apply to:

a. Any test or assessment required by the student's school district of enrollment or

this state for the completion of any grade from kindergarten through twelve; or

b. Any test or assessment required by the student's school district of enrollment or

this state for high school graduation.

3. a. A parental directive is valid only if it is presented to the school district using a

standardized form, prepared by the superintendent of public instruction, and

signed by the student's custodial parent.

b. A parental directive is valid only until the conclusion of the school year in which it

is received by the school district.

c. A parental directive submitted to a school district in accordance with this section

must be retained as part of the student's educational record.

4. A school district is not liable for any consequences incurred by a student as a result of

a parental directive submitted in accordance with this section.

5. A school district is not required to provide instruction or activities for a student during

the administration of any test or assessment referenced in the parental directive

submitted by the student's parent.

6. Each school district shall post the parental directive form on its website and make the

form available to a parent, upon request.

7. At the time and in the manner directed by the superintendent of public instruction,

each school district shall provide a report regarding:

a. The number of parental directives received;

b. The number of parental directives applicable to students who are economically

disadvantaged, students from major racial and ethnic groups, students with

disabilities, and students with limited English proficiency; and

c. Any loss of funding stemming from the parental directives.
N.D. Cent. Code § 15.1-15-03 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-03
15.1-15-03. Employment after January first - Review of evaluation - Renewal and nonrenewal of contracts
Status: repealed

15.1-15-03. Employment after January first - Review of evaluation - Renewal and

nonrenewal of contracts.

Repealed by S.L. 2005, ch. 161, § 2.
N.D. Cent. Code § 15.1-23-02 — ND Code / Title 15.1 / Chapter 15.1-23 / Section 15.1-23-02
15.1-23-02. Statement of intent to supervise home education
Status: in_force

15.1-23-02. Statement of intent to supervise home education

At least five days before beginning home education or within fourteen days of establishing a

child's residence in a school district, and once each year thereafter, a parent intending to

supervise or supervising home education shall file a statement, reflecting that intent or fact, with

the superintendent of the child's school district of residence or if no superintendent is employed,

with the county superintendent of schools for the child's county of residence.

1. The statement must include:

a. The name, address, date of birth, and grade level of the child receiving home

education;

b. The name, address, and qualifications of the parent who will supervise the home

education;

c. Any public school courses in which the child intends to participate and the school

district offering the courses; and

d. Any extracurricular activities in which the child intends to participate and the

school district or approved nonpublic school offering the activities.

2. The statement must be accompanied by a copy of the child's immunization record and

proof of the child's identity as required by section 12-60-26.

3. The superintendent of the child's school district of residence or if no superintendent is

employed, the county superintendent of schools for the child's county of residence

shall report the number of statements of intent that have been filed in accordance with

this section to the superintendent of public instruction at the time and in the manner

required by the superintendent of public instruction.
N.D. Cent. Code § 15.1-27-07.2 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-07.2
15.1-27-07.2. Baseline funding - Determination - Minimum and maximum allowable increases
Status: repealed

15.1-27-07.2. Baseline funding - Determination - Minimum and maximum allowable

increases.

Repealed by S.L. 2015, ch. 137, § 38.
N.D. Cent. Code § 15.1-26-07 — ND Code / Title 15.1 / Chapter 15.1-26 / Section 15.1-26-07
15.1-26-07. Adult basic and secondary education fund - Continuing appropriation
Status: in_force

15.1-26-07. Adult basic and secondary education fund - Continuing appropriation

The superintendent of public instruction may receive and accept money from any public or

private source for adult basic and secondary education programs. Any money received for adult

basic and secondary education programs but not specifically appropriated by the legislative

assembly must be deposited in the adult basic and secondary education fund in the state

treasury. All money in the fund, and any interest upon moneys in the fund, is appropriated to the

superintendent of public instruction for the purpose of administering and implementing adult

basic and secondary education programs. Any funds appropriated under this section are not

subject to section 54-44.1-11.
N.D. Cent. Code § 15.1-12-23 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-23
15.1-12-23. School district reorganization - Proportionate tax rate on agricultural property
Status: repealed

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

property.

A school district that for school purposes imposed on agricultural property a proportionate

tax rate different from the school district levy on other taxable property, as permitted by repealed

sections 15-53.1-37 and 15-53.1-38 on December 31, 1984, shall continue to levy the

proportionate tax rate unless the school board is directed, by a majority of the district's qualified

electors voting on the question, to discontinue the proportionate tax rate. No other school board

may impose a proportionate tax rate on different classes of property within the district.
N.D. Cent. Code § 15.1-21-02.5 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-02.5
15.1-21-02.5. North Dakota academic scholarship
Status: repealed

15.1-21-02.5. North Dakota academic scholarship

Repealed by S.L. 2021, ch. 159, § 10.
N.D. Cent. Code § 15.1-09-55 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-55
15.1-09-55. School district superintendent - Joint employment - Accreditation
Status: in_force

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

The superintendent of public instruction may not impose through the accreditation process

any penalties or sanctions on a school district for employing a superintendent jointly with one or

more other districts. The superintendent may not require, through the accreditation process, that

an employee of a school district having fewer than one hundred students in high school spend

more than thirty-three percent of the employee's time performing the duties of a school principal

if the school district employs a superintendent jointly with one or more other districts.
N.D. Cent. Code § 15.1-14-01 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-01
15.1-14-01. School district superintendent - Duties
Status: in_force

15.1-14-01. School district superintendent - Duties

A school district superintendent shall:

1. Supervise the general operation of the school district.

2. Supervise the provision of education to students.

3. Visit the schools of the district.

4. Supervise school personnel.

5. Prepare and deliver reports requested by the board of the district.

6. Perform any other duties requested by the board.
N.D. Cent. Code § 15.1-07-25.1 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-25.1
15.1-07-25.1. Student names and addresses - Authorized disclosure
Status: in_force

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

Notwithstanding section 44-04-18.13, and subject to any limitations on the disclosure of

directory information under title 34, Code of Federal Regulations, part 99, sections 31, 33, and

37, each high school shall provide to the North Dakota university system a list of all students

enrolled in grades ten and eleven as of April fifteenth of each year, together with the students'

addresses and telephone numbers. The North Dakota university system shall disclose this

information to each institution under the control of the state board of higher education and to

each nonpublic university and college in this state.
N.D. Cent. Code § 15.1-27-39 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-39
15.1-27-39. Annual salary - Minimum amount
Status: in_force

15.1-27-39. Annual salary - Minimum amount

Beginning with the 2014-15 school year, the board of each school district shall provide to

each full-time teacher, under contract for a period of nine months, a minimum salary level for the

contract period equal to at least twenty-seven thousand five hundred dollars.
N.D. Cent. Code § 15.1-27-41 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-41
15.1-27-41. North Dakota commission on education improvement - Membership - Duties - Report to legislative council - Reimbursement for expenses
Status: repealed

15.1-27-41. North Dakota commission on education improvement - Membership -

Duties - Report to legislative council - Reimbursement for expenses.

Repealed by S.L. 2009, ch. 175, § 65.
N.D. Cent. Code § 15.1-33-07 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-07
15.1-33-07. Multidistrict special education unit - Board - Preparation of annual plan
Status: in_force

15.1-33-07. Multidistrict special education unit - Board - Preparation of annual plan

The board of a multidistrict special education unit shall prepare, on behalf of the

participating school districts, an annual plan regarding the provision of special education and

related services and shall submit the plan to the superintendent of public instruction for

approval.
N.D. Cent. Code § 15.1-13-21 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-21
15.1-13-21. Reciprocal acceptance of teaching licenses
Status: repealed

15.1-13-21. Reciprocal acceptance of teaching licenses

Repealed by S.L. 2011, ch. 135, § 3.
N.D. Cent. Code § 15.1-20-01 — ND Code / Title 15.1 / Chapter 15.1-20 / Section 15.1-20-01
15.1-20-01. Compulsory attendance
Status: in_force

15.1-20-01. Compulsory attendance

1. Any person having responsibility for a child between the ages of seven and sixteen

years shall ensure the child attends a public school for the duration of each school

year.

2. If a person enrolls a child of age six in a public school, the person shall ensure the

child attends the public school for the duration of each school year. The person may

withdraw a child of age six from the public school. However, once the child is

withdrawn, the person may not re-enroll the child until the following school year. This

subsection does not apply if the reason for the withdrawal is the child's relocation to

another school district.

3. This section does not apply if a child is exempted under the provisions of section

15.1-20-02.

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 § 15.1-16-21 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-21
15.1-16-21. Salary increase - Unfillable position
Status: in_force

15.1-16-21. Salary increase - Unfillable position

1. a. If, after the conclusion of a school calendar, the board of a school district has a

teaching position vacant and if the board, having done all things necessary and

proper, is unable to fill that position by the forty-fifth day prior to the start of the

district's school calendar with an individual who is highly qualified and who meets

reasonable criteria established by the board, the board shall notify the

superintendent of public instruction that:

(1) A teaching position is vacant;

(2) The board has done all things necessary and proper after learning of the

vacancy to find a suitable and highly qualified candidate; and

(3) The board will be unable to meet the statutory requirements for school

approval if the position remains unfilled.

b. Unless the superintendent of public instruction has reason to believe that the

information contained in the notice as provided in subdivision a is not accurate,

the superintendent shall authorize the board, notwithstanding the terms of any

agreement negotiated under this chapter, to increase the compensation offered

for that position to the extent deemed necessary by the board in order to attract a

suitable and highly qualified individual. The compensation paid to a successful

applicant under this section may not be reduced in future years.

2. a. If a teaching position becomes vacant during a school calendar or less than

forty-five days prior to the start of the school calendar, the board of a school

district shall do all things necessary and proper to ensure that the vacancy

causes only minimal disruption to the instruction of students and that the position

becomes filled as quickly as possible by a highly qualified individual who meets

the reasonable criteria established by the board. The board shall notify the

superintendent of public instruction that the vacancy exists and that the board will

be unable to meet the requirements for school approval if the position remains

unfilled.

b. Upon receipt of the notice as provided in subdivision a, the superintendent of

public instruction shall contact the several education associations in this state and

ask that they assist the board of the school district in any way possible to locate

and employ an individual under the terms of the district's existing negotiated

agreement. Only when the superintendent determines that all reasonable efforts

have been unsuccessful may the superintendent authorize the board,

notwithstanding the terms of any agreement negotiated under this chapter, to

offer the level of compensation it deems necessary in order to attract a suitable

and highly qualified individual for the duration of the school calendar.

3. If an individual resigns from a teaching position with a district, the individual may be

rehired by the board of that district to fill a vacancy, but the individual is not eligible to

receive a level of compensation greater than that provided for in the district's

negotiated agreement.

4. If an individual has taught in this state during the preceding twelve months, the

individual is not eligible to receive a level of compensation greater than that provided

for in the district's negotiated agreement.

5. This section is applicable to contracts that are negotiated under this chapter and which

take effect after July 31, 2007.
N.D. Cent. Code § 15.1-12-26.1 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-26.1
15.1-12-26.1. Dissolving school district to contact job service North Dakota
Status: in_force

15.1-12-26.1. Dissolving school district to contact job service North Dakota

Before the hearing before the county committee, the dissolving school district shall contact

job service North Dakota for its estimation of the school district's potential obligation to job

service North Dakota for reimbursement of unemployment compensation benefits that could

potentially be paid by job service North Dakota to school district employees.
N.D. Cent. Code § 15.1-33-01 — ND Code / Title 15.1 / Chapter 15.1-33 / Section 15.1-33-01
15.1-33-01. Multidistrict special education unit - Corporation
Status: in_force

15.1-33-01. Multidistrict special education unit - Corporation

Each multidistrict special education unit is a body corporate and has all the powers and

duties usual to corporations for public purposes or as conferred upon it by law.
N.D. Cent. Code § 15.1-27-28.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-28.1
15.1-27-28.1. School district transportation of career and technical education students - Payments
Status: repealed

15.1-27-28.1. School district transportation of career and technical education

students - Payments.

Repealed by S.L. 2025, ch. 196, § 4.
N.D. Cent. Code § 15.1-07-16 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-16
15.1-07-16. New district - Enumeration
Status: in_force

15.1-07-16. New district - Enumeration

The board of a school district organized after the annual enumeration has been taken shall

proceed immediately to take the enumeration, as provided by law, and after receipt of the

enumeration by the superintendent of public instruction, the newly organized district shall

receive its share of apportioned funds.
N.D. Cent. Code § 15.1-26-04 — ND Code / Title 15.1 / Chapter 15.1-26 / Section 15.1-26-04
15.1-26-04. Funding for adult basic and secondary education programs
Status: in_force

15.1-26-04. Funding for adult basic and secondary education programs

The board of a school district may use school district funds to aid and promote adult basic

and secondary education programs and may charge a reasonable fee for enrollment in such

programs.
N.D. Cent. Code § 15.1-35-06 — ND Code / Title 15.1 / Chapter 15.1-35 / Section 15.1-35-06
15.1-35-06. Studies - Appraisals - Reports to governor
Status: in_force

15.1-35-06. Studies - Appraisals - Reports to governor

In cooperation with other public and private entities, the superintendent of public instruction

may:

1. Study methods to improve and expand child nutrition and food distribution programs;

2. Study methods to promote nutrition education in schools;

3. Conduct appraisals regarding the nutritive benefits and other benefits of child nutrition

and food distribution programs; and

4. Report the findings and recommendations to the governor.
N.D. Cent. Code § 15.1-21-18 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-18
15.1-21-18. Career interest inventory - Educational and career planning - Consultation
Status: in_force

15.1-21-18. Career interest inventory - Educational and career planning -

Consultation.

1. A school district shall administer to students, once during their enrollment in grade

seven or eight and once during their enrollment in grade nine or ten, a career interest

inventory recommended by the department of career and technical education and

approved by the superintendent of public instruction.

2. At least once during the seventh or eighth grade, each school district shall arrange for

students to participate in either an individual consultative process or a nine-week

course, for the purpose of discussing the results of their career interest inventory,

selecting high school courses appropriate to their educational pursuits and career

interests, and developing individual high school education plans.

3. Each school district shall notify its high school students that, upon request, a student is

entitled to receive a consultative review of the student's individual high school

education plan at least once during each high school grade. Upon the request of a

student, the school district shall provide the consultative review.

4. Each school district shall verify compliance with the requirements of this section at the

time and in the manner required by the superintendent of public instruction.
N.D. Cent. Code § 15.1-08-06 — ND Code / Title 15.1 / Chapter 15.1-08 / Section 15.1-08-06
15.1-08-06. Military installation - School districts - Application of other laws
Status: in_force

15.1-08-06. Military installation - School districts - Application of other laws

1. The duties set forth in section 15.1-09-28 are applicable to the president of a school

board governing a military installation school district established under this chapter.

2. The duties set forth in sections 15.1-09-33 and 15.1-09-35 are applicable to a school

board governing a military installation school district established under this chapter

unless other agreements have been reached.

3. The duties set forth in sections 15.1-07-21, 15.1-07-23, and 15.1-07-24 are applicable

to the business manager of a military installation school district established under this

chapter.

4. The compensation and expense reimbursement levels set forth in section 15.1-09-06

are applicable to members of a school board governing a military installation school

district established under this chapter.

5. Sections 15.1-07-10 through 15.1-07-13 and section 15.1-07-25 are applicable to

military installation school districts established under this chapter.
N.D. Cent. Code § 15.1-07-27 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-27
15.1-07-27. High school district - Change to elementary district - Prohibited
Status: in_force

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

1. Beginning July 2, 2003, a high school district may not become an elementary district.

2. Subsection 1 does not apply to school districts participating in cooperative agreements

approved by the superintendent of public instruction.
N.D. Cent. Code § 15.1-19-20 — ND Code / Title 15.1 / Chapter 15.1-19 / Section 15.1-19-20
15.1-19-20. Bullying prevention programs
Status: in_force

15.1-19-20. Bullying prevention programs

Each school district shall provide bullying prevention programs to all students from

kindergarten through grade twelve.
N.D. Cent. Code § 15.1-11-04 — ND Code / Title 15.1 / Chapter 15.1-11 / Section 15.1-11-04
15.1-11-04. County superintendent of schools - Duties
Status: in_force

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

A county superintendent of schools shall:

1. Serve as the superintendent of all schools in a county except those schools in districts

that employ a district superintendent of schools.

2. Receive copies of and review, in a timely manner, all reports submitted to the

superintendent of public instruction by school districts having their administrative

headquarters in the county.

3. Compile reports containing statistics and any other information requested by the

superintendent of public instruction and forward the reports at the time and in the

manner directed by the superintendent of public instruction.

4. If requested by a school district, assist in planning, coordinating, and providing

education and related services.

5. Promote coordination and cooperation among the school districts and the multidistrict

special education units within the county.

6. Assist school districts in taking advantage of incentive programs administered by the

superintendent of public instruction.

7. As secretary of the county committee:

a. Provide to the public information regarding the annexation of property to another

school district;

b. Provide to the public all forms necessary for the annexation of property to another

school district;

c. Compile information regarding school district annexations and dissolutions and

provide such information to the appropriate county committees, at the time and in

the manner directed by the state board of public school education;

d. Compile information regarding school district annexations, reorganizations, and

dissolutions, and provide such information to the state board of public school

education, at the time and in the manner directed by the state board; and

e. Attend annual training provided by the superintendent of public instruction and

the North Dakota association of counties.

8. Perform any other duties required by law.
N.D. Cent. Code § 15.1-34-12 — ND Code / Title 15.1 / Chapter 15.1-34 / Section 15.1-34-12
15.1-34-12. Registration certificate - Revocation - Administrative hearing
Status: in_force

15.1-34-12. Registration certificate - Revocation - Administrative hearing

Before the department may revoke a person's registration certificate, the department shall

serve the holder of the registration certificate with notice of the revocation and the grounds for

the revocation. The department shall hold an administrative hearing under chapter 28-32

regarding the revocation of the person's registration certificate, if requested to do so by the

holder of the registration certificate within ten days from the date on which the department

served the notice of revocation.
N.D. Cent. Code § 15.1-13-35.2 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-35.2
15.1-13-35.2. Teaching license - Mathematics instruction competency (Effective through June 30, 2027)
Status: in_force

15.1-13-35.2. Teaching license - Mathematics instruction competency. (Effective after

June 30, 2027)

1. The board shall ensure a candidate for teacher licensure, who will be certified to be an

elementary education or secondary mathematics teacher, or both, demonstrates

competencies in direct and explicit mathematics instruction and pedagogy.

2. A candidate satisfies the requirements of this section if the candidate demonstrates:

a. The candidate has received training in mathematics instruction competencies

from an accredited or approved program; or

b. Mastery of the topics under subdivision a of subsection 1 of section 15.1-21-12.2.

3. The board may issue a provisional license for up to two years to a teacher licensure

candidate who does not meet the requirements of this section.
N.D. Cent. Code § 15.1-21-12.2 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-12.2
15.1-21-12.2. Mathematics curriculum - Professional development and intervention (Effective through June 30, 2027)
Status: in_force

15.1-21-12.2. Mathematics curriculum - Professional development and intervention

(Effective after June 30, 2027)

1. Each school district and nonpublic school shall:

a. Ensure the portion of its curriculum which is related to mathematics is based on

evidence and research, includes differentiated instruction, is aligned to the state

standards, and focuses on:

(1) Foundational skills, including:

(a) Numbers and operations;

(b) Algebraic reasoning;

(c) Geometry and measurement; and

(d) Data, probability, and statistics; and

(2) Competencies, including:

(a) Problem solving;

(b) Connections; and

(c) Reasoning and proof.

b. Provide continuing professional development for teachers of mathematics,

including special education teachers, and school leaders which:

(1) Focuses on best practices in mathematics instruction, including:

(a) Explicit and differentiated instruction;

(b) Data-driven decisionmaking; and

(c) The topics under subdivision a.

(2) Includes evidence-based programming on the science of mathematics

which aligns with the topics under subdivision a.

c. Implement formative assessments at regular intervals, adjust teaching practices

accordingly, and provide targeted interventions for each student who needs

additional support.

d. Implement a research-based intervention program suggested by the state and

adopted by the school board, which uses high-quality supplemental materials that

incorporate evidence-based instructional strategies adopted by the school board.

e. For a student in kindergarten through grade three:

(1) Use a screening process for early identification of mathematics deficiencies

and characteristics of dyscalculia;

(2) Inform the student's parent or legal guardian about the screening process,

the student's results, and the importance of early intervention;

(3) Provide resources and guidance to the student's parent or legal guardian to

support mathematics learning at home; and

(4) If the student is identified as having characteristics of mathematics

deficiencies or dyscalculia, develop an education plan with

accommodations.

2. A school district or special education unit shall provide a screening process under

paragraph 1 of subdivision e of subsection 1 for a student upon request by a parent,

legal guardian, or teacher.

3. To be approved by the superintendent of public instruction, certify each school or

nonpublic school shall:

a. Ensure the placement of qualified teachers in grades four through eight;

b. Have integrated mathematics instruments used to identify deficiencies in the skills

under subdivision a of subsection 1; and

c. Have integrated evidence-based instruction and assessment resources to

support mathematics development and mastery.
N.D. Cent. Code § 15.1-06-01 — ND Code / Title 15.1 / Chapter 15.1-06 / Section 15.1-06-01
15.1-06-01. Schools free and accessible - School ages
Status: in_force

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

1. Each public school must be free, open, and accessible at all times to any child

provided:

a. The child may not enroll in grade one unless the child reaches the age of six

before August first of the year of enrollment;

b. The child may not enroll in kindergarten unless the child reaches the age of five

before August first of the year of enrollment; and

c. The child has not reached the age of twenty-one before August first of the year of

enrollment.

2. Notwithstanding subsection 1, a school district may not enroll in grade one a child who

is not six years old before August first, unless the child will be six years old before

December first and:

a. The child, by means of developmental and readiness screening instruments

approved by the superintendent of public instruction and administered by the

school district, can demonstrate academic, social, and emotional readiness; or

b. The child has completed an approved kindergarten program.

3. Notwithstanding subsection 1, a school district may not enroll in kindergarten a child

who is not five years old before August first unless the child will be five years old

before December first and the child, by means of developmental and readiness

screening instruments approved by the superintendent of public instruction and

administered by the school district, can demonstrate superior academic talents or

abilities and social and emotional readiness.

4. The requirements of this section are not applicable to the children of military families,

to the extent that the requirements conflict with enrollment provisions otherwise agreed

to by the state in the compact on educational opportunity for military children.
N.D. Cent. Code § 15.1-09.1-09 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-09
15.1-09.1-09. Compensation - Reimbursement - Extraordinary service
Status: in_force

15.1-09.1-09. Compensation - Reimbursement - Extraordinary service

The board of a regional education association may provide compensation and

reimbursement to any board member who, at the direction of the board, performs extraordinary

service on behalf of the board. For purposes of this section, "extraordinary service" means

duties beyond those reasonably expected of members of the board and includes travel to and

attendance at national meetings or conventions.
N.D. Cent. Code § 15.1-14-14 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-14
15.1-14-14. Multidistrict special education unit - Director - Grounds for dismissal
Status: in_force

15.1-14-14. Multidistrict special education unit - Director - Grounds for dismissal

The board of a multidistrict special education unit may dismiss a director prior to the

expiration of the individual's contract for any of the following causes:

1. Immoral conduct.

2. Insubordination.

3. Conviction of a felony.

4. Conduct unbecoming the position of a director.

5. Failure to perform contracted duties without justification.

6. Gross inefficiency that the director has failed to correct after written notice.

7. Continuing physical or mental disability that renders the director unfit or unable to

perform the director's duties.
N.D. Cent. Code § 15.1-27-16 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-16
15.1-27-16. Per student payments - Cooperating districts
Status: in_force

15.1-27-16. Per student payments - Cooperating districts

1. If any school district receiving payments under this chapter cooperates with another

school district for the joint provision of educational services under a plan approved by

the superintendent of public instruction, the superintendent of public instruction shall,

notwithstanding the provisions of section 15.1-27-03.2, create and assign a separate

weighting factor that allows the cooperating districts to receive, for a period of four

years, a payment rate equivalent to that which each district would have received had

the cooperative plan not taken effect. The superintendent of public instruction shall

compute the separate weighting factor to four decimal places and that weighting factor

is effective for the duration of the cooperative plan.

2. A school district that is cooperating with another school district under a cooperative

plan approved by the superintendent of public instruction, and which has taxable

property located in the same city as the other school district under the cooperative

plan, may not be required as part of the cooperative plan to:

a. Provide unduplicated grade level services; or

b. Share administrative personnel.
N.D. Cent. Code § 15.1-15-12 — ND Code / Title 15.1 / Chapter 15.1-15 / Section 15.1-15-12
15.1-15-12. Nonapplicable provisions
Status: in_force

15.1-15-12. Nonapplicable provisions

This chapter does not apply to:

1. Any individual employed to teach at an institution of higher education under the control

of the state board of higher education;

2. Any individual employed to teach at the youth correctional center, North Dakota vision

services - school for the blind, or the school for the deaf;

3. Any individual who replaces a teacher, a principal, or an assistant or associate

superintendent while that teacher, principal, or assistant or associate superintendent is

on a leave of absence or a sabbatical; and

4. Any individual employed by a school district as a teacher, a principal, an assistant

superintendent, or an associate superintendent, provided the individual's term of

employment begins on or after January first and does not extend beyond June thirtieth

of the same school year.

5. Any individual employed by a school district in a position substantially funded by grant

funds, overloads, or a temporary funding source, or an individual replacing a school

district employee and who is employed by a school district in a position substantially

funded by grant funds, overloads, or a temporary funding source, if the individual

received advance notice of the defined contract term before accepting employment

with the school district.
N.D. Cent. Code § 15.1-12-20 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-20
15.1-12-20. School district reorganization - Cost of elections
Status: in_force

15.1-12-20. School district reorganization - Cost of elections

If the electors reject a reorganization plan, the cost of the election must be borne by each

school district that had real property included in the proposed district. The percentage of the

total cost for which each district is obligated is the same as the percentage that the district's real

property included in the proposed reorganized district bears to the total amount of real property

in the proposed reorganized district. If the electors approve a reorganization plan, the cost of the

election is borne by the newly reorganized district.
N.D. Cent. Code § 15.1-04-02 — ND Code / Title 15.1 / Chapter 15.1-04 / Section 15.1-04-02
15.1-04-02. Education commission of the states - Bylaws
Status: in_force

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

Pursuant to paragraph I of article III of the compact for education, the education commission

of the states shall file a copy of its bylaws and any amendment to its bylaws with the secretary

of state.
N.D. Cent. Code § 15.1-30-12 — ND Code / Title 15.1 / Chapter 15.1-30 / Section 15.1-30-12
15.1-30-12. Contract for transportation - Conditions
Status: in_force

15.1-30-12. Contract for transportation - Conditions

1. The board of a school district shall let the contract, except as otherwise provided in

section 15.1-30-11, to the lowest responsible bidder who:

a. Furnishes a bond approved by the board, as provided for in section 15.1-30-06;

b. Agrees to use a vehicle which, in the opinion of the board, meets the standards

imposed by the superintendent of public instruction under sections 39-21-27 and

39-21-27.1 and which is safe, comfortable, and suitable for the purpose; and

c. Identifies individuals who, in the opinion of the board, are competent and

responsible to serve as drivers.

2. The board may not enter a contract for transportation with an individual member of the

board.

3. An individual member of the board may serve as the driver of a vehicle identified for

use in the transportation contract.
N.D. Cent. Code § 15.1-07-25 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-25
15.1-07-25. School district records - Open - Exception
Status: in_force

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

1. Except as otherwise provided by law, all records and documents of a school district

are open to examination by any person. These records and documents, or copies

certified by the business manager, are prima facie evidence of the facts set forth in the

records and documents.

2. If a complaint is filed concerning a school district employee and an administrative

investigation is conducted, any record or document generated as part of the

administrative investigation is confidential and not subject to the requirements of this

section or section 44-04-18, until the investigation is completed. The investigation and

any determination of disciplinary action may not exceed sixty days from the date the

complaint is filed.
N.D. Cent. Code § 15.1-39-03 — ND Code / Title 15.1 / Chapter 15.1-39 / Section 15.1-39-03
15.1-39-03. Adverse action against school prohibition
Status: in_force

15.1-39-03. Adverse action against school prohibition

A government entity, a licensing or accrediting organization, or an athletic association or

organization may not entertain a complaint, open an investigation, or take any other adverse

action against a school for maintaining separate interscholastic or intramural athletic teams or

sports for students of the female sex.
N.D. Cent. Code § 15.1-13-10 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-10
15.1-13-10. Criteria for teacher licensure
Status: in_force

15.1-13-10. Criteria for teacher licensure

1. The board shall establish by rule the criteria for teacher licensure and the process for

issuing teaching licenses. The criteria must include considerations of character,

adequate educational preparation, and general fitness to teach.

2. The board may not require a teacher who graduated from an accredited teacher

education program on or before September 1, 1980, to earn any college credits in

native American or other multicultural courses as a condition of licensure or license

renewal.

3. This section does not affect the validity of teaching certificates in effect on July 31,

2001.

4. This section does not affect the qualifications for career and technical education

certificates, as otherwise established by law.

5. The board shall grant an initial license to an individual who:

a. Possesses a bachelor's degree from an accredited institution;

b. Passes a criminal history record check required by section 15.1-13-14; and

c. Successfully completes an alternative teacher certification program.

6. An in-state alternative teacher certification program must operate in accordance with

the procedures and program approval standards and requirements set by the board for

teacher education programs for the licensure of educators.

7. An out-of-state alternative teacher certification program must:

a. Operate in at least five states;

b. Have operated an alternative teacher certification program for at least ten years;

c. Require applicants to pass a subject area and pedagogy examination, known as

the professional teaching knowledge examination, to receive certification;

d. Allow an individual who obtains an initial or renewal license to teach in the subject

areas of:

(1) Elementary education;

(2) Elementary education with a reading endorsement;

(3) English language arts;

(4) United States and world history;

(5) Mathematics;

(6) General science;

(7) Biology;

(8) Chemistry;

(9) Physics; and

(10) Special education;

e. Operate in accordance with the procedures and program approval standards and

requirements set by the board for teacher education programs for the licensure of

educators; and

f. Meet the procedures and program approval standards and requirements under

subdivision e by July 1, 2023.

8. An individual who obtains an initial license under subsection 5 is authorized to teach

the subject and educational levels for which the individual has successfully completed

the program described under subsection 5.

9. Upon completing two years of teaching under an initial license issued under

subsection 5, the licensee is eligible to apply for a five-year renewal license if the

individual:

a. Completes the program's clinical experience program and the North Dakota

teacher support system approved mentor program;

b. Meets the requirements of section 15.1-13-35 within two years of initial licensure;

and

c. Meets the requirements of human resources and cultural directives required

coursework within two years of initial licensure which includes Native American

studies, cultural diversity, strategies for creating learning environments that

contribute to positive human relationships, and strategies for teaching and

assessing diverse learners.
N.D. Cent. Code § 15.1-07-03 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-03
15.1-07-03. District's limit of indebtedness - Resolution
Status: in_force

15.1-07-03. District's limit of indebtedness - Resolution

1. The board of a school district may by resolution place on the ballot of any primary or

general election the question of increasing the district's limit of indebtedness, beyond

that fixed by the constitution, by five percent of the assessed valuation of all taxable

property in the district.

2. The board of a school district shall place on the ballot of the next primary or general

election the question of increasing the district's limit of indebtedness, beyond that fixed

by the constitution, by five percent of the assessed valuation of all taxable property in

the district, if the board receives a petition requesting the increase and signed by

qualified electors of the district equal in number to at least one-third of those who

voted at the most recent annual school district election.
N.D. Cent. Code § 15.1-09-06 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-06
15.1-09-06. School board members - Compensation
Status: in_force

15.1-09-06. School board members - Compensation

Each school board shall set a level of compensation for services payable to its members. In

addition to compensation for services, each member may be reimbursed for all necessary meals

and lodging and travel expenses actually incurred while engaged in official business of the

board, at the same rate as provided for state officers and employees. Any mileage claimed may

not exceed the number of miles [kilometers] between the points traveled as measured by the

most usual route.
N.D. Cent. Code § 15.1-36-04 — ND Code / Title 15.1 / Chapter 15.1-36 / Section 15.1-36-04
15.1-36-04. Evidences of indebtedness (Retroactive application - See note)
Status: in_force

15.1-36-04. Evidences of indebtedness. (Retroactive application - See note)

Except as otherwise provided in this chapter, the board of a school district may issue and

sell evidences of indebtedness under chapter 21-02 or 21-03 to finance the construction or

improvement of a project approved under this chapter. The principal amount of the loan and the

evidences of indebtedness to repay the loan may not exceed the loan amount for which the

district is eligible under this chapter. Evidences of indebtedness issued under this chapter or

chapter 21-03 constitute a general obligation of the school district.
N.D. Cent. Code § 15.1-09.1-02 — ND Code / Title 15.1 / Chapter 15.1-09.1 / Section 15.1-09.1-02
15.1-09.1-02. Regional education associations - Review by superintendent of public instruction - Criteria
Status: in_force

15.1-09.1-02. Regional education associations - Review by superintendent of public

instruction - Criteria.

In order for a group of school districts to be designated as a regional education association,

the superintendent of public instruction shall review the joint powers agreement that the districts

have entered and verify that the requirements of this section have been met.

1. The school districts must:

a. Have a combined total land mass of at least five thousand eight hundred square

miles [1502193 hectares];

b. (1) Have a combined total land mass of at least four thousand five hundred

square miles [1165494 hectares]; and

(2) Number at least twelve;

c. (1) Have a combined total land mass of at least four thousand square miles

[1035995 hectares]; and

(2) Have at least three thousand students in average daily membership; or

d. (1) Have a combined total land mass of at least one thousand five hundred

square miles [388498 hectares]; and

(2) Have at least seven thousand five hundred students in average daily

membership.

2. The school districts must be contiguous to each other or, if the districts are not

contiguous to each other, the superintendent of public instruction shall verify that the

participating districts can provide sound educational opportunities to their students in a

fiscally responsible manner without injuring other school districts or regional education

associations and without negatively impacting the ability of other school districts or

regional education associations to provide sound educational opportunities to their

students in a fiscally responsible manner. A decision by the superintendent of public

instruction under this subsection may be appealed to the state board of public school

education. A decision by the state board is final.

3. The joint powers agreement must require that the participating school districts

maintain a joint operating fund.

4. The joint powers agreement must provide:

a. Criteria for the future participation of school districts that were not parties to the

original joint powers agreement;

b. An application process by which school districts that were not parties to the

original joint powers agreement can become participating districts; and

c. A process by which school districts that were not parties to the original joint

powers agreement and whose application to participate in the agreement was

denied can appeal the decision to the superintendent of public instruction.

5. The joint powers agreement must provide for the employment and compensation of

staff.

6. The joint powers agreement must:

a. Establish the number of members on the governing board;

b. Establish the manner in which members of the governing board are determined;

c. Require that each member of the governing board be an individual currently

serving on the board of a participating school district or the designee of a

participating school district's board; and

d. Allow for the inclusion of ex officio nonvoting members on the governing board.

7. The joint powers agreement must provide that the board of the regional education

association shall meet at least quarterly.

8. The joint powers agreement may not permit the regional education association to

compensate members of the regional education association board for attending

meetings of the board and does not permit the regional education association to

reimburse members of the board for any expenses incurred in attending meetings of

the board.
N.D. Cent. Code § 15.1-08-08 — ND Code / Title 15.1 / Chapter 15.1-08 / Section 15.1-08-08
15.1-08-08. Military installation - Open enrollment - Participation
Status: in_force

15.1-08-08. Military installation - Open enrollment - Participation

Notwithstanding any other provisions of law, a student whose school district of residence is

a military installation school district may participate in open enrollment under chapter 15.1-31.
N.D. Cent. Code § 15.1-10-03 — ND Code / Title 15.1 / Chapter 15.1-10 / Section 15.1-10-03
15.1-10-03. County committee - Secretary
Status: in_force

15.1-10-03. County committee - Secretary

The county superintendent of schools is the secretary of the committee but may not vote.

The county superintendent is entitled to compensation from the employing county for actual and

necessary expenses incurred while in the performance of required duties.
N.D. Cent. Code § 15.1-12-16 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-16
15.1-12-16. School district reorganization - Issuance of bonds - Procedure
Status: in_force

15.1-12-16. School district reorganization - Issuance of bonds - Procedure

Before a reorganization is effective, the board of a reorganized school district established

under this chapter may proceed in accordance with chapter 21-03 to issue bonds for purposes

specified in that chapter if the bond issuance is provided for by the approved reorganization

plan.
N.D. Cent. Code § 15.1-13-15 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-15
15.1-13-15. Teaching license - Application - Oath or affirmation
Status: in_force

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

1. Each applicant for a teaching license shall subscribe to the following oath or

affirmation:

I do solemnly swear (or affirm) that I will support the Constitution of the

United States and the Constitution of the state of North Dakota, and that I will

faithfully discharge the duties of my position, according to the best of my ability.

2. The applicant shall execute the oath or affirmation in duplicate. One copy of the oath

or affirmation must be filed with the board when the applicant applies for a teaching

license. The applicant shall retain the other copy.

3. The board may not issue a license to teach unless a duly witnessed or notarized oath

or affirmation has been filed with the board.
N.D. Cent. Code § 15.1-13-30 — ND Code / Title 15.1 / Chapter 15.1-13 / Section 15.1-13-30
15.1-13-30. Venue for legal actions
Status: in_force

15.1-13-30. Venue for legal actions

Burleigh County, North Dakota, is the venue for all actions to which the education standards

and practices board is a party.
N.D. Cent. Code § 15.1-12-14 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-14
15.1-12-14. School district reorganization - School boards - Assumption of duties - Approval of expenditures - Contracts
Status: in_force

15.1-12-14. School district reorganization - School boards - Assumption of duties -

Approval of expenditures - Contracts.

1. Upon approval of a reorganization plan by the electors, in accordance with section

15.1-12-11, a school board for the reorganized district must be elected at the next

regular school district election or at a special election called by the county

superintendent of schools for that purpose. The first school board election in a newly

reorganized district is governed by chapter 15.1-09.

2. Members of newly formed school boards representing reorganized districts may not

enter upon the duties of office until the time specified in section 15.1-12-18, except as

provided in sections 15.1-12-15 and 15.1-12-16.

3. Unless otherwise directed by law or by the reorganization plan, between the date on

which the reorganization is approved and the date on which the reorganization

becomes effective, the board of a school district participating in the reorganization

must obtain written consent from the board of every other school district participating

in the reorganization before it:

a. Enters into any new contract, whether oral or written, which financially obligates

the district;

b. Renews any existing contract, whether oral or written, which financially obligates

the district; or

c. Purchases any goods or services, whether in a single or in multiple transaction, if

the total value of the goods or services exceeds three thousand dollars, provided

the requirements of this subdivision do not extend to salaries, benefits, or other

compensation paid or payable to school district personnel.
N.D. Cent. Code § 15.1-32-22 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-22
15.1-32-22. Right to educational services - Attorney's fees
Status: in_force

15.1-32-22. Right to educational services - Attorney's fees

In any judicial proceeding to enforce the rights of an individual with disabilities to receive

educational services, the court may award reasonable attorney's fees and costs to a prevailing

parent or to the individual with disabilities.
N.D. Cent. Code § 15.1-07-04 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-04
15.1-07-04. District's limit of indebtedness - Election - Notice
Status: in_force

15.1-07-04. District's limit of indebtedness - Election - Notice

If an election is to include a question regarding an increase in the school district's limit of

indebtedness, the board of the school district shall ensure the question is clearly stated in the

notice of election.
N.D. Cent. Code § 15.1-14-28 — ND Code / Title 15.1 / Chapter 15.1-14 / Section 15.1-14-28
15.1-14-28. Area career and technology center - Director - Suspension during discharge proceeding - Compensation
Status: in_force

15.1-14-28. Area career and technology center - Director - Suspension during

discharge proceeding - Compensation.

The board of an area career and technology center may suspend a director if, by

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

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

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

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

the director's salary for the period of suspension.
N.D. Cent. Code § 15.1-09-28 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-28
15.1-09-28. School board president - Duties
Status: in_force

15.1-09-28. School board president - Duties

The president shall preside at all meetings of the school board, appoint all committees

subject to approval by the board, provide authorization for the issuance of negotiable

instruments, and perform other acts required by law. A vice president may be elected by the

board to serve in the absence of the president at any meeting.
N.D. Cent. Code § 15.1-31-06 — ND Code / Title 15.1 / Chapter 15.1-31 / Section 15.1-31-06
15.1-31-06. Open enrollment - School boards - Standards
Status: in_force

15.1-31-06. Open enrollment - School boards - Standards

1. The board of each school district shall set standards for the acceptance and denial of

applications for admittance under open enrollment as provided in section 15.1-31-08.

The standards may address the capacity of a program, grade level, or school building.

The standards may not address previous academic achievement, participation in

extracurricular activities, disabilities, English language proficiency, or previous

disciplinary proceedings.

2. A board may determine that applications for admittance under open enrollment, in

accordance with this chapter, will not be considered only if there is a lack of capacity in

a program, grade level, or school.

3. a. A school district participating in an open enrollment program may not give or offer

to give a student remuneration, or directly exert influence on the student or the

student's family, in order to encourage participation in the open enrollment

program. The actions prohibited under this subdivision do not include providing

informational materials about the program.

b. If the members of the board of a school district believe that another school district

has violated this subsection, the board may file a complaint with the

superintendent of public instruction. Upon receipt of a complaint alleging a

violation of this subsection, the superintendent of public instruction shall hold a

hearing and accept testimony and evidence regarding the complaint. If the

superintendent finds that a school district has violated this subsection, the

superintendent may withhold some or all of the state aid payments to which the

district would be otherwise entitled for a period of one year from the date of the

finding. A decision by the superintendent under this subsection is appealable to

the state board of public school education. A decision by the state board of public

school education is final.
N.D. Cent. Code § 15.1-20-03.2 — ND Code / Title 15.1 / Chapter 15.1-20 / Section 15.1-20-03.2
15.1-20-03.2. Truancy prevention and intervention programs - Resources
Status: in_force

15.1-20-03.2. Truancy prevention and intervention programs - Resources

The superintendent of public instruction shall disseminate to school districts and nonpublic

schools information regarding truancy prevention and intervention programs and research

pertaining to best practices in truancy prevention efforts.
N.D. Cent. Code § 15.1-27-22.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-22.1
15.1-27-22.1. Distribution of remaining moneys
Status: repealed

15.1-27-22.1. Distribution of remaining moneys

Repealed by S.L. 2015, ch. 137, § 38.
N.D. Cent. Code § 15.1-21-25 — ND Code / Title 15.1 / Chapter 15.1-21 / Section 15.1-21-25
15.1-21-25. High school graduation - Minimum requirements
Status: in_force

15.1-21-25. High school graduation - Minimum requirements

Redesignated as section 15.1-21-02.2.
N.D. Cent. Code § 15.1-07-32 — ND Code / Title 15.1 / Chapter 15.1-07 / Section 15.1-07-32
15.1-07-32. Student performance strategist - Verification - Qualifications
Status: in_force

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

Each school district must have available one full-time equivalent student performance

strategist for every four hundred students in average daily membership in kindergarten through

grade three. Each school district shall submit documentation to the superintendent of public

instruction, at the time and in the manner directed by the superintendent, verifying the amount of

time that each student performance strategist expended in tutoring students on a one-to-one

basis or in groups ranging from two to five, or in providing instructional coaching to teachers.

For purposes of this section, a "student performance strategist" must:

1. a. Meet the requirements of an elementary school teacher as set forth in section

15.1-18-02.1; or

b. Be licensed to teach or approved to teach by the education standards and

practices board and hold a special education endorsement or credential; and

2. Serve as a tutor or an instructional coach.
N.D. Cent. Code § 15.1-27-30.1 — ND Code / Title 15.1 / Chapter 15.1-27 / Section 15.1-27-30.1
15.1-27-30.1. School district closure - Distribution of transportation payments
Status: repealed

15.1-27-30.1. School district closure - Distribution of transportation payments

Repealed by S.L. 2025, ch. 196, § 4.
N.D. Cent. Code § 15.1-40-07 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-07
15.1-40-07. Establishment of a public charter school - Conversion to a public charter school - Application requirements
Status: in_force

15.1-40-07. Establishment of a public charter school - Conversion to a public charter

school - Application requirements.

1. To establish a public charter school, the organizer of a public charter school shall

submit an application to the superintendent of public instruction and notify the board of

the school district where the public charter school will be located of the intent to

establish a public charter school.

2. For a school seeking to convert to a public charter school, the application must

demonstrate support for the proposed public charter school conversion with a petition

signed by a majority of teachers and parents or guardians of students at the existing

school. Students who attended the school before conversion to a public charter school

may be given enrollment preference.

3. The superintendent of public instruction shall create an application to establish a public

charter school or convert to a public charter school, which must include the following

essential elements:

a. School mission and vision.

b. Academic program.

c. Grade levels to be offered and growth plan.

d. Student evaluation plans.

e. Governance plan.

f. Organization chart.

g. Plan to serve at-risk students.

h. Community input and involvement.

i. Finances and audits.

j. Student policies, including discipline plans.

k. Staff policies.
N.D. Cent. Code § 15.1-12-26 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-26
15.1-12-26. Dissolution of school district - Grounds
Status: in_force

15.1-12-26. Dissolution of school district - Grounds

1. A county committee shall initiate proceedings to dissolve a school district and attach

the property to other operating high school districts in the same county, or to a

non-high school district in the same county if there are no high school districts in the

same county adjacent to the district being dissolved, when it is notified in writing by the

county superintendent of schools whose jurisdiction includes the administrative

headquarters of the district that:

a. The district is financially unable to effectively and efficiently educate its students;

b. The district has not operated a school as required by section 15.1-12-24; or

c. A school board has determined that dissolution is in the best interest of its

students.

2. Except as provided in subsection 3, a county committee shall initiate proceedings

under section 15.1-12-27 to attach real property to an operating high school district in

the same county, or to a non-high school district in the same county if there is no high

school district in the same county adjacent to the district being dissolved, when it is

notified in writing by the county superintendent that:

a. Real property has been severed from its school district by the expansion of a city

and the severed portion is not contiguous with its district; or

b. There exists real property that does not belong to a school district.

3. If a school district reorganization plan which does not include all real property in a

district is approved by the electors, the county committee shall, within forty-five days

after the election, hold a hearing under section 15.1-12-27 to attach the remaining

property to one or more operating 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.

4. Subject to state board approval under section 15.1-12-27, a county committee that has

initiated proceedings to dissolve a school district under this section may sell,

exchange, or donate property or assets of the dissolving district 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. Receipt of notice by a county committee under this section:

a. Renders an annexation petition involving any real property in the district void,

unless the annexation has already been approved by the state board; and

b. Prohibits the acceptance of a new annexation petition involving any real property

in the district until all dissolution proceedings have been completed.

6. One or more annexation petitions may not be used to annex all of the real property in

a school district to surrounding school districts.
N.D. Cent. Code § 15.1-12-28 — ND Code / Title 15.1 / Chapter 15.1-12 / Section 15.1-12-28
15.1-12-28. Dissolution of school district - Unobligated cash balance - Distribution
Status: in_force

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

1. Any unobligated cash balance not exceeding ten thousand dollars must be held in a

separate fund by the auditor of the county having the greatest share of the dissolved

school district's land. The county auditor shall hold the fund for one year after the

effective date of the dissolution. During that year, the county auditor shall accept

assets and pay unresolved debts attributable to the dissolved school district.

2. After one year, the county auditor shall distribute the remaining cash balance as

follows:

a. If the dissolving school district did not have sufficient funds for the reimbursement

account set up under section 15.1-12-28.1, then as much of the remaining cash

balance as would be necessary to pay the estimated obligation to job service

North Dakota must be deposited in the reimbursement account. Unless otherwise

directed by the order of dissolution, any remaining cash balance must be

distributed to the receiving school districts in the same percentage as the taxable

valuation received at the time of the attachment order.

b. If the reimbursement account in section 15.1-12-28.1 was fully funded by the

dissolving school district, the county auditor shall distribute the remaining cash

balance among the school districts to which the real property of the dissolved

district was attached. Unless otherwise directed by the order of dissolution, the

distribution to each shall be the same percentage as the taxable valuation at the

time of the attachment order.
N.D. Cent. Code § 15.1-40-18 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-18
15.1-40-18. Governing board
Status: in_force

15.1-40-18. Governing board

1. A governing board:

a. May enter more than one charter performance agreement concurrently.

b. Shall adopt a viable conflict of interest policy and code of ethics.

c. Shall adopt a policy to avoid nepotism in hiring and supervision. The policy must

require disclosure to the board of potential nepotism in hiring and supervision. An

individual with a nepotism conflict may not be involved in the hiring decision or

supervision of an employee.

d. Shall have access to education service provider records to oversee the education

service provider contract.

e. Is a public entity under chapter 44-04.

2. Individuals compensated by an education service provider are prohibited from serving

as a voting member on a governing board contracting with the education service

provider, except if approved by the superintendent of public instruction.
N.D. Cent. Code § 15.1-03-03 — ND Code / Title 15.1 / Chapter 15.1-03 / Section 15.1-03-03
15.1-03-03. Revolving printing fund - Instructional materials - Continuing appropriation
Status: repealed

15.1-03-03. Revolving printing fund - Instructional materials - Continuing

appropriation.

Repealed by S.L. 2021, ch. 139, § 1.
N.D. Cent. Code § 15.1-31-08 — ND Code / Title 15.1 / Chapter 15.1-31 / Section 15.1-31-08
15.1-31-08. Open enrollment - Transfer of students - Responsibility of district of residence
Status: in_force

15.1-31-08. Open enrollment - Transfer of students - Responsibility of district of

residence.

1. A student's parent may apply to another school district for admission of the student at

any time during the school year if:

a. The student was a victim of violence occurring within the school in which the

student was enrolled and the violence was documented;

b. The superintendent of public instruction has declared the school in which the

student was enrolled to be an unsafe school; or

c. The superintendent of public instruction has identified the school in which the

student was enrolled as one that requires program improvement for six

consecutive years.

2. The school district receiving an application under subsection 1 shall review the

application to ensure compliance with the provisions of subsection 1 and shall notify

the student's parent and the student's school district of residence of the arrangements

for the student's transfer within five days from the date the application was received.

3. The student's school district of residence shall consider the student transferred as of

the date of enrollment by the admitting district.

4. Upon transfer of a student under this section, the board of the admitting district and the

board of the student's school district of residence shall enter into a tuition agreement.

The student's school district of residence shall reimburse the admitting district for all

costs incurred by the admitting district in providing education for the student.

5. The student's school district of residence shall transport the student to school in the

admitting district or shall reimburse the admitting district for all costs incurred in

transporting the student or providing for the transportation of the student to school in

the admitting district. These transportation costs are not reimbursable through state

transportation funds.

6. This section applies to a student until the student's parent or legal guardian decides to

enroll the student in another school, or in the case of a student who has been

transferred for the student's safety or due to a school's improvement status under

subsection 1, until the conclusion of the school year in which the superintendent of

public instruction declares that the school in the student's district of residence is no

longer an unsafe school or that the school no longer requires program improvement.
N.D. Cent. Code § 15.1-40-20 — ND Code / Title 15.1 / Chapter 15.1-40 / Section 15.1-40-20
15.1-40-20. Generally accepted accounting principles - Independent audits
Status: in_force

15.1-40-20. Generally accepted accounting principles - Independent audits

A public charter school shall:

1. Adhere to generally accepted accounting principles.

2. Engage a qualified certified public accountant or public accountant to independently

audit the public charter school's finances once every six months. The public charter

school shall submit the audit to the superintendent of public instruction.
N.D. Cent. Code § 15.1-32-19 — ND Code / Title 15.1 / Chapter 15.1-32 / Section 15.1-32-19
15.1-32-19. Boarding care costs - Reimbursement of school district
Status: in_force

15.1-32-19. Boarding care costs - Reimbursement of school district

The superintendent of public instruction shall reimburse a student's school district of

residence an amount equal to eighty percent of the room and board costs paid by the district for

a student with disabilities who is placed in a facility that is located either within or outside of the

student's school district of residence in order to receive special education services. The

student's school district of residence is liable for any room and board costs in excess of those

reimbursed as provided in this section. The placement of a student with disabilities in a public or

private facility will be made by a school district and approved by the superintendent of public

instruction. The superintendent of public instruction may consult with the commissioner of the

department of health and human services on congregate care facilities.
N.D. Cent. Code § 15.1-16-14 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-14
15.1-16-14. Impasse - Existence
Status: in_force

15.1-16-14. Impasse - Existence

1. An impasse exists if:

a. After a reasonable period of negotiation, an agreement has not been formulated

and a dispute exists;

b. No later than July first following the recognition of the representative organization

under section 15.1-16-11:

(1) An agreement has not been reached between the board of a school district

and the representative organization; and

(2) The board of the school district and the representative organization have not

agreed to extend the negotiation period; or

c. The board of a school district and the representative organization both agree that

an impasse exists.

2. An impasse may exist if:

a. A written contract entered into between the board of a school district and the

representative organization under section 15.1-16-13 does not contain a

procedure for resolving a dispute.

b. A written agreement entered into between the board of a school district and the

representative organization under section 15.1-16-13 contains an inadequate

procedure for resolving a dispute.
N.D. Cent. Code § 15.1-09-16 — ND Code / Title 15.1 / Chapter 15.1-09 / Section 15.1-09-16
15.1-09-16. School district election - Tie breaker
Status: in_force

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

If the election results in a tie, the business manager of the district shall notify, in writing, the

candidates between whom the tie exists. Within three days after the canvass of the election by

the school board, at a time agreed upon by the candidates, the election must be decided in the

presence of the judges and clerks of the election, by a drawing of names. A candidate involved

in a tie vote may withdraw the candidate's name from consideration if the candidate is willing to

sign a statement to that effect in the presence of and witnessed by the filing officer of the

election. If no candidates remain, the office is to be filled according to the rules of filling an office

when a vacancy exists. The school district business manager shall make and keep a record of

the proceedings.
N.D. Cent. Code § 15.1-16-11 — ND Code / Title 15.1 / Chapter 15.1-16 / Section 15.1-16-11
15.1-16-11. Representative organization - Selection
Status: in_force

15.1-16-11. Representative organization - Selection

1. a. If an organization is interested in representing a group of teachers or a group of

administrators, the organization may file with the board of a school district a

petition asserting that the organization represents a majority of the teachers or

the administrators included within a negotiating unit.

b. The petition must be accompanied by evidence substantiating the assertion

contained in it.

c. The petition must be filed with the board of a school district no later than March

first of the current school year.

d. Within ten days after receiving the petition, the board of the school district shall

post notice of its intent to consider the petition in each school wherein the

members of the negotiating unit are employed.

e. No sooner than ten nor later than twenty days after posting the notice of intent to

consider the petition, the board shall investigate the petition, determine the

question of representation, and post notice of its determination in each school

wherein the members of the negotiating unit are employed.

f. If the petition is not contested, the board shall recognize the petitioner as the

representative organization of the negotiating unit, unless the board rejects the

petition for recognition of the negotiating unit under section 15.1-16-10 or the

board finds in good faith that there is a reasonable doubt the representation

exists.

2. If any organization has an interest in representing a group of teachers or a group of

administrators and wishes to contest the claim of representation made in the petition

under subsection 1, the contesting organization must file with the board of the school

district a petition containing a written statement of contest together with substantiating

evidence, within ten days from the date on which the board posted the notice of intent

to consider the original petition.

3. If the board of a school district fails to make and post notice of its determination or if

the board's determination has been contested, the board shall call an election to

determine the question of representation not sooner than twenty nor later than thirty

days after the posting of the notice of intent to consider the original petition.

4. If the board of a school district receives a petition that is signed by at least twenty-five

percent of the members of the negotiating unit and which calls for an election to

determine the question of representation, the board shall call the election.

5. The election must be conducted in the manner agreed to by the interested parties. If

the interested parties cannot reach an agreement, the election must be conducted in

the manner determined by the education factfinding commission under its rules.

6. Once a representative organization has been selected, its authority to represent the

negotiating unit continues for at least one year from the date of the selection.