Chapter 15.1-02 Superintendent of Public Instruction

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CHAPTER 15.1-02 SUPERINTENDENT OF PUBLIC INSTRUCTION 15.1-02-01. Superintendent of public instruction - Qualifications

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

15.1-02-02. Salary

The annual salary of the superintendent of public instruction is one hundred twenty-two thousand eight hundred ten dollars through June 30, 2020, and one hundred twenty-five thousand eight hundred eighty dollars thereafter

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

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

15.1-02-04. Superintendent of public instruction - Duties. (Effective through June 30, 2023) The superintendent of public instruction: 1

Shall supervise the provision of elementary and secondary education to the students of this state

Shall supervise the establishment and maintenance of schools and provide advice and counsel regarding the welfare of the schools

Shall supervise the development of course content standards

Shall supervise the assessment of students

Shall serve as an ex officio member of the board of university and school lands

Shall keep a complete record of all official acts and appeals

As appropriate, shall determine the outcome of appeals regarding education matters

Shall direct school district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education to carry out its powers and duties regarding school district annexation, reorganization, and dissolution

Shall facilitate a process to review and update annually the statewide prekindergarten through grade twelve education strategic vision. The process must include input and participation from a steering committee that includes representatives of all state-level entities receiving state education funding and education stakeholder groups. Each steering committee member entity receiving state education funds shall provide components of the entity's strategic plan which are aligned to the statewide strategic vision. The steering committee shall prepare a collaborative report of the strategic plans of each committee member entity receiving state education funds. The superintendent shall provide the collaborative report and any updates to the strategic vision to the legislative management during each interim and to a joint meeting of the education standing committees during each regular legislative session

Shall administer a student loan forgiveness program for individuals teaching at grade levels, in content areas, and in geographical locations identified as having a teacher shortage or critical need

Superintendent of public instruction - Duties. (Effective after June 30, 2023) The superintendent of public instruction: 1

Shall supervise the provision of elementary and secondary education to the students of this state

Shall supervise the establishment and maintenance of schools and provide advice and counsel regarding the welfare of the schools

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Shall supervise the development of course content standards

Shall supervise the assessment of students

Shall serve as an ex officio member of the board of university and school lands

Shall keep a complete record of all official acts and appeals

As appropriate, shall determine the outcome of appeals regarding education matters

15.1-02-05. Federal government - Contracts

The superintendent of public instruction may contract with an agency of the federal government: 1

For and on behalf of the department of public instruction

For and on behalf of a school district with the consent of the school district board

15.1-02-06. Preservation of property

The superintendent of public instruction shall provide for the preservation of all property that the superintendent acquires in an official capacity and which has educational interest and value or which records official acts by the superintendent. At the conclusion of the superintendent's term of office, the superintendent shall deliver the property to the superintendent's successor

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

The superintendent of public instruction may lease surplus portions of real property, including buildings and improvements, owned by the state and administered by the superintendent of public instruction at North Dakota vision services - school for the blind and the school for the deaf

The superintendent may lease the unused portion of a building only after consultation with and adherence to conditions set by the administrator of the state fire and tornado fund

A lease agreement under this section may not exceed five years

A lease agreement under this section must provide that: a

It is cancelable by the state without liability at the end of any state fiscal biennium; or It is renewable at the sole discretion of the superintendent of public instruction at the beginning of each fiscal biennium

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

The attorney general shall review any lease under this section and approve its legal adequacy before its execution

The superintendent may expend revenues from leases under this section only with legislative approval

Page No. 2 15.1-02-08. Accounting and reporting system - Uniformity

The superintendent of public instruction shall implement a uniform system for the accounting, budgeting, and reporting of data for all school districts in the state and for all regional education associations governed by chapter 15.1-09.1. The superintendent of public instruction shall designate the software standards to be used by the school districts and by the regional education associations in their accounting, budgeting, and reporting functions

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

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

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

The cost of education in each school district

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

The number of students in average daily membership, in weighted average daily membership, and in average daily attendance, in each school district, the grades in which the students are enrolled, and, when applicable, the courses in which the students are enrolled

Information regarding the state's approved nonpublic schools

8. Other statistical data on public education in the state

15.1-02-10. School district finance facts report - Distribution

The superintendent of public instruction shall make the annual school district finance facts report available to each member of the legislative assembly upon request. The superintendent shall provide eight copies of the report to the state library. The superintendent shall make the report available to the public on the superintendent of public instruction's website

15.1-02-11. Superintendent of public instruction - Accreditation of schools - Rules

The superintendent of public instruction may adopt rules governing the accreditation of public and nonpublic schools. Any rule adopted under this section must incorporate measures of student achievement and bear a direct relationship to improving student achievement

15.1-02-12. Expiration of existing rules

Any rule adopted by the superintendent of public instruction in a manner other than that set forth in chapter 28-32 is ineffective after October 31, 1999. For purposes of this section, "rule" includes any regulation, standard, guideline, statement, or policy that has the effect of law or which has either direct or indirect financial consequences for noncompliance

15.1-02-13. School district employee compensation report

Before September eleventh of each year, each school district shall report the following information to the superintendent of public instruction, with respect to each teacher and class of teachers and with respect to each administrator and class of administrators: a

The number of days each was employed during the preceding school year

The base salaries

The amount of compensation provided for extended contracts

The amount of compensation provided for cocurricular activities

The amount expended for contract buyouts

The amount of compensation provided in lieu of salaries

The amount paid for signing bonuses

The amount of compensation provided for substitute teaching and workload adjustment

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The amount of compensation provided for any other purposes

The amount expended for health insurance benefits

The amount expended for dental, vision, and cancer insurance benefits

The amount expended for life and long-term disability insurance benefits

The amount of retirement contributions and assessments, including individual shares if paid by the district

The district's share of Federal Insurance Contributions Act taxes

The amount of dues or membership fees paid by the district

Any other benefits provided by the district

In addition to the requirements of subsection 1, each school district shall also indicate: a. Whether each teacher and administrator is employed on a full-time or a part-time basis

The number of days used to determine the base salary of each teacher and administrator

The superintendent of public instruction shall: a. Compile the information required by this section in a manner that allows for b

accurate comparisons; and Forward a copy of the compiled information to the governor and the legislative council

The superintendent of public instruction may not expand the reporting requirements of this section

If any school district fails without good cause to provide the information required by this section on or before September tenth and in the manner directed by the superintendent of public instruction, the superintendent shall withhold all state aid until the information is received

For purposes of this section: a

"Administrator" includes an individual who is employed by a school district in an administrative position and who is classified by the superintendent of public instruction as: (1) A class 67 school district superintendent; (2) A class 66 assistant or associate superintendent; (3) A class 53 principal; (4) A class 05 assistant principal; (5) A class 29 director, including a special education director and a career and b

technical education director; (6) A class 04 assistant director; and (7) Any other individual whose position requires an administrator's credential

"Teacher" means an individual, other than an administrator, who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board and who is employed by the board of a school district in a position classified by the superintendent of public instruction as: (1) A class 22 coordinator; (2) A class 37 guidance counselor or school counselor; (3) A class 38 guidance counselor designate; (4) A class 40 instructional programmer; (5) A class 41 library media specialist; (6) A class 56 pupil personnel service provider; (7) A class 59 school psychologist; (8) A class 62 speech-language pathologist; (9) A class 68 supervisor; (10) A class 70 teacher or special education teacher; or (11) A class 72 tutor in training

Page No. 4 15.1-02-14. Duplicative payments - Transfer - Distribution

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

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

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

The superintendent of public instruction may adopt rules governing the issuance of: 1. Credentials for teachers of driver's education; 2. Credentials for teachers of early childhood special education; 3. Credentials for elementary school principals; 4. Credentials for teachers of students who are emotionally disturbed; 5. Credentials for teachers of students who are gifted and talented; 6. Credentials for secondary school principals; 7. Credentials for library media; 8. Credentials for teachers of title I; 9. Credentials for teachers of students who have intellectual disabilities; 10. Credentials for teachers of students who are physically disabled; 11. Credentials for coordinators of programs for students with limited English proficiency; 12. Credentials for school counselors; 13. Credentials for special education directors; 14. Credentials for special education strategists; 15. Credentials for teachers of students who have specific learning disabilities; 16. Credentials for superintendents; 17. Credentials for teachers of students who have vision impairments; 18. Credentials for teachers of students who are deaf or hard of hearing; 19. Credentials for teachers of computer and cyber science; and 20. Certificate of completion for paraprofessionals

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

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

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

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

Page No. 5 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

15.1-02-18. Statewide longitudinal data system committee - Membership - Powers and duties - Report to interim committee - Continuing appropriation. Repealed by S.L. 2015, ch. 141, ยง 9

15.1-02-18.1. Statewide longitudinal data system - Information technology department - Powers and duties

Repealed by S.L. 2015, ch. 141, ยง 9

15.1-02-18.2. State agencies - Mandatory provision of information - Confidentiality

Repealed by S.L. 2015, ch. 141, ยง 9

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

The superintendent of public instruction and the department of human services jointly shall develop a system under which families of children enrolling in the public school system are provided with information regarding state and federally funded health insurance programs and encouraged to apply for such coverage if determined to be eligible

Publication of notice

15.1-02-20. Education stabilization fund dollars - Notification of nonreplacement - The superintendent of public instruction shall notify the superintendent and board of each school district in the state, by certified mail, that any education stabilization fund dollars received by the district as a result of the American Recovery and Reinvestment Act of 2009 must be used first to restore funding deficiencies in the 2009-10 school year when compared to the 2005-06 school year and that any additional dollars received under the American Recovery and Reinvestment Act of 2009 must be used for one-time, nonrecurring expenditures because this state is not responsible for replacing that level of funding or otherwise sustaining that level of funding during the 2011-13 biennium

2. During the thirty-day period following receipt of the notification, the superintendent of each school district shall arrange to publish the notice at least twice in the official newspaper of the district

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

Annually, the superintendent of public instruction shall accept nominations for the North Dakota teacher of the year award

The superintendent of public instruction shall develop and publish the criteria by which all nominees must be considered and shall appoint an eight-member committee to review the nominations and select the North Dakota teacher of the year. The committee must consist of: a

A former North Dakota teacher of the year award recipient; A representative of the North Dakota council of educational leaders; A representative of the North Dakota department of career and technical education; A representative of the North Dakota department of public instruction; A representative of North Dakota united; d

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A representative of the North Dakota school boards association; and A representative of nonpublic schools in this state

By September thirtieth of each year, the governor and the superintendent of public instruction shall jointly announce the award recipient and serve as the exclusive hosts of a ceremony and reception honoring the teacher of the year. The ceremony and reception must take place in the memorial hall of the state capitol or, if requested by the award recipient, at a location in the municipality within which the recipient resides or works

15.1-02-22. Loans - Teacher shortages - Loan forgiveness. (Effective through June 30, The superintendent of public instruction shall administer a student loan forgiveness program for individuals teaching at grade levels, in content areas, and in geographical locations identified as having a teacher shortage or critical need. The superintendent may approve loan forgiveness for no more than two teachers per year in a school district. The superintendent shall adopt rules to implement the program

The superintendent annually shall identify grade levels, content areas, and geographical locations in which a teacher shortage or critical need exists

To be eligible for loan forgiveness under this section, an individual: a. Must have graduated from an accredited teacher preparation program and signed a contract to teach at a grade level or in a content area and in a geographical location identified by the superintendent as having an existing teacher shortage or critical need; and b. Must have an existing student loan

For purposes of this section, the definitions of rural school district and remote town school district have the same meaning as the definitions under the national center for education statistics locale codes

If an individual is receiving loan forgiveness under any other provision, the individual may not receive loan forgiveness under this section during the same application year

Subject to appropriation, an eligible individual may receive loan forgiveness under the program as follows: a

If the individual accepts one of up to five positions of critical need in a nonrural school district or nonremote town school district, the individual may receive up to three thousand dollars per year for a maximum of four consecutive years

If the individual accepts a position in a rural school district or remote town school district with an enrollment of fewer than one thousand students, the individual may receive up to four thousand five hundred dollars per year for a maximum of four consecutive years

If the individual accepts one of up to five positions of critical need in a rural school district or remote town school district with an enrollment of fewer than one thousand students, the individual may receive up to six thousand five hundred dollars per year for a maximum of four consecutive years

The superintendent shall consider all applications under this section based on the number of unfilled school vacancies, prioritized by critical need and geographic location

8. Upon notification the individual has completed a full year of teaching in a school district, state-supported school, or nonpublic school in this state at a grade level or in a content area and in a geographical location identified by the superintendent as one in which a teacher shortage or critical need exists, the superintendent shall distribute funds directly to the lending institution of the individual to repay outstanding loan principal balances on behalf of eligible applicants. The superintendent shall terminate loan forgiveness payments to eligible individuals if the loan principal balance of the eligible individual is paid in full

The superintendent shall administer the program only for eligible individuals receiving teacher loan forgiveness benefits for the 2018-19 school year. The superintendent shall provide benefits under this program to eligible individuals until the individual has 9

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