Chapter 15.1-06 Schools

Copy with citation

Copy as parenthetical citation

CHAPTER 15.1-06 SCHOOLS 15.1-06-01. Schools free and accessible - School ages

Each public school must be free, open, and accessible at all times to any child provided: 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; The child may not enroll in kindergarten unless the child reaches the age of five before August first of the year of enrollment; and 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 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

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

15.1-06-02. School holidays

Any Sunday

Schools may not be in session on the following holidays: a

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

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

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

Labor Day, the first Monday in September

Veteran's Day, the eleventh day of November

Thanksgiving Day, the fourth Thursday in November

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

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

15.1-06-03. School year - Definition

The school year begins on July first and ends on June thirtieth the following year

15.1-06-04. School calendar - Length

A school district shall provide for a school calendar that includes: Page No. 1 a

At least nine hundred sixty-two and one-half hours of instruction for elementary school students and one thousand fifty hours of instruction for middle and high school students; Three holidays, as selected by the board in consultation with district teachers from the list provided for in subdivisions b through j of subsection 1 of section 15.1-06-02; c. No more than two days for: (1) Parent-teacher conferences; or (2) Compensatory time for parent-teacher conferences held outside of regular school hours; and b

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

For the first three days of professional development required under subdivision d of subsection 1, a day of professional development must consist of: a

Six hours of professional development, exclusive of meals and other breaks, conducted within a single day; Six hours of cumulative professional development conducted under the auspices of a professional learning community; or Two four-hour periods of professional development, exclusive of meals and other breaks, conducted over two days

If because of weather a school must dismiss before completing a full day of instruction, the school is responsible for making up only those hours and portions of an hour between the time of early dismissal and the conclusion of a full day of classroom instruction if the dismissal will result in the school failing to meet the requirements of subdivision a of subsection 1

For purposes of this section, a full day of instruction consists of: a

At least five and one-half hours for kindergarten and elementary students, during which time the students are required to be in attendance for the purpose of receiving curricular instruction; and At least six hours for high school students, during which time the students are required to be in attendance for the purpose of receiving curricular instruction

If a school district intends to operate under a school calendar that consists of four days of instruction per week, the school district shall apply and be approved for a waiver by the superintendent of public instruction

15.1-06-04.1. School district calendar - Limitation

A school district may not schedule school-sponsored, school-directed, or school- related activities, including instructional time, during any day that the superintendent of public instruction declares is in conflict with a professional development conference directed toward all teachers or all administrators and hosted by an educational organization in this state

The declaration permitted by subsection 1 is limited to two days during a school year

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

Repealed by S.L. 2019, ch. 149, ยง 19

15.1-06-06. Approval of public schools

To obtain certification that a public school is approved, the superintendent of the district in which the school is located shall submit to the superintendent of public instruction a compliance report verifying that: a

Page No. 2 c

The school meets all curricular requirements set forth in chapter 15.1-21; The school participates in and meets the requirements of a review process that is: (1) Designed to improve student achievement through a continuous cycle of improvement; and (2) Approved by the superintendent of public instruction; The school has been inspected by the state fire marshal or the state fire marshal's designee in accordance with section 15.1-06-09 and: (1) Has no unremedied deficiency; or (2) Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal's designee; All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have: (1) Undergone a criminal history background check requested by the employing school district; or (2) Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board; and The school uses North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the superintendent of public instruction, to generate official transcripts

The compliance report required by subsection 1 must: a

Be signed by the school principal and the superintendent of the school district; Be formally approved by the board of the school district; and Be filed with the superintendent of public instruction before five p.m. on the: (1) First day of October; or (2) The date of the extension provided under subsection 6

3. On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school principal, school district superintendent, and school board member, electronic notification that the compliance report is due on the first day of October

If a school's compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school's compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department's website, indicating whether a school is approved or unapproved

If a public school does not meet the approval requirements of this section, the superintendent of public instruction shall: a. Notify the parents of students enrolled in the school, either directly or through the 5

local media outlets, that the school is unapproved; and Subtract from any state aid otherwise payable to the school district the prorated amount attributable to the students in attendance at the unapproved school for each day that the school's compliance report is not on file with the superintendent of public instruction

If because of unforeseen or other extenuating circumstances a school district superintendent is unable to file a school's compliance report with the superintendent of public instruction before five p.m. on October first, the school district superintendent may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth

7. Upon receipt of a school's compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A b

Page No. 3 8

certification of approval under this subsection expires at the conclusion of the regular school calendar

If after being certified as approved a school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the superintendent of the school district in which the school is located shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time

If a school district does not employ a superintendent, the duties required of a school district superintendent by this section must be performed as provided for in chapter 15.1-11

15.1-06-06.1. Approval of nonpublic schools

In order to obtain certification that a nonpublic school is approved, the administrator of a nonpublic school shall submit to the superintendent of public instruction a compliance report verifying that: a

Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board; Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57; The school meets all curricular requirements set forth in chapter 15.1-21; The school has been inspected by the state fire marshal or the state fire marshal's designee in accordance with section 15.1-06-10 and: (1) Has no unremedied deficiency; or (2) Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal's designee; and All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have: (1) Undergone a criminal history background check requested on behalf of the b

employing school; or (2) Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board

The compliance report required by subsection 1 must: a

Be signed by the school administrator; Be formally approved by the governing board of the school; and Be filed with the superintendent of public instruction before five p.m. on: (1) The first day of October; or (2) The date of the extension provided under subsection 5

3. On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school administrator and member of the governing board, electronic notification that the compliance report is due on the first day of October

If a nonpublic school's compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school's compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department's website, indicating whether a nonpublic school is approved or unapproved

If a nonpublic school does not meet the approval requirements of this section, the superintendent of public instruction shall notify the parents of students enrolled in the school, either directly or through the local media outlets, that the school is unapproved and that the parents may be in violation of the state's compulsory attendance provisions

Page No. 4 6

If because of unforeseen or other extenuating circumstances the administrator of a nonpublic school is unable to file the school's compliance report with the superintendent of public instruction before five p.m. on October first, the school administrator may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth

7. Upon receipt of a nonpublic school's compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A certification of approval under this subsection expires at the conclusion of the regular school calendar

If after being certified as approved a nonpublic school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the administrator of the nonpublic school shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time

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

The superintendent of public instruction may delay imposing the sanctions set forth in section 15.1-06-06 in the case of a public school and may delay imposing the sanctions set forth in section 15.1-06-06.1 in the case of a nonpublic school, until a time certain, if: The required submission of a school's compliance report is an impossibility due to: a

A natural disaster or act of God, including fire, earthquake, or tornado; An unauthorized or illegal act by a third party, including terrorism, sabotage, riot, or vandalism; c. Death; d

e. Operational interruption, including electrical failure, and computer hardware or A medical or personal emergency; software failures; or enforcement action; and f. Governmental action, including an emergency order or judicial or law The superintendent of public instruction determines that the report, had it been submitted, would have demonstrated compliance with the approval requirements of section 15.1-06-06 in the case of a public school and compliance with the approval requirements of section 15.1-06-06.1 in the case of a nonpublic school

15.1-06-06.3. Required records - Verification of information - Site visits

The superintendent of public instruction shall notify each school and school district of the records that must be maintained in order to allow the superintendent of public instruction to verify the information contained in each compliance report. The superintendent of public instruction shall establish the length of time that the records must be maintained

The superintendent of public instruction may examine the records of any public school at any time and may conduct site visits to ensure the accuracy of information provided on the compliance report. The site visits may be scheduled or unscheduled

The superintendent of public instruction may examine the records of any nonpublic school upon request

15.1-06-07. Nonpublic high schools - Approval criteria

The superintendent of public instruction shall approve any nonpublic high school having an enrollment of fifty students or fewer, provided: 1

The school meets all statutory requirements regarding the subjects to be taught, the length of the school year, and health, fire, and safety standards; Page No. 5 2

If the school uses telecommunications or other electronic means to deliver curricular programs, the programs are prepared by individuals holding at least baccalaureate degrees and delivered in the presence of an individual who holds a North Dakota professional teaching license or who meets or exceeds the average cutoff scores of states that have normed the national teacher's examination; The school employs at least one state-licensed high school teacher to serve in a supervisory capacity for each twenty-five students; The average composite scholastic achievement test scores of students enrolled in the school or the students' scores achieved on comparable standardized tests meet or exceed the national average test scores; and The school and its employees are governed by a board of directors that includes parental representation

15.1-06-08. Rules for school accreditation - Waiver

A school or school district may apply to the superintendent of public instruction for a waiver of any rule governing the accreditation of schools, provided the waiver: a

b. Has the potential to result in improved educational opportunities or enhanced Encourages innovation; and academic opportunities for the students

The initial waiver must be for a specific period of time, but may not exceed one year. A school or a school district for which a waiver has been approved under this section may apply for one extension of the waiver. The extension may not exceed one year

If the superintendent of public instruction, after receipt and consideration of an application for a waiver of a rule governing the accreditation of schools under this section approves the waiver, the superintendent shall file a report with the legislative council. The report must cite the accreditation rule that was waived, provide a detailed account of the reasons for which the rule was waived, and state the time period for which the rule was waived. If the superintendent of public instruction denies an application for a waiver under this section, the superintendent shall file a notice of denial with the legislative council. If requested, the superintendent shall appear and respond to questions regarding the approval or denial of any application for a waiver

Any waiver granted by the superintendent of public instruction prior to August 1, 2001, is void as of August 1, 2001. Any school or school district operating under a waiver granted by the superintendent prior to August 1, 2001, may apply for a new waiver under this section

15.1-06-08.1. Statutes - Waiver

Improves the delivery of education; Improves the administration of education; Provides increased educational opportunities for students; or Improves the academic success of students

The superintendent of public instruction may not waive any statute, in whole or in part, except as provided for in this section

A school or school district may apply to the superintendent of public instruction for a waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25, 15.1-32, and 15.1-38, or any associated rules, if the waiver: a

The initial waiver must be for a specific period of time but may not exceed one year. The school district may apply for extensions of the waiver. The first extension may not exceed a period of one year. Additional extensions may not exceed periods of two years

If the superintendent of public instruction, after receipt and consideration of an application for a waiver under this section, approves the waiver, the superintendent shall file a report with the legislative management. The report must provide a detailed account of the reasons for which the waiver was granted and the specific time period for the waiver. If the superintendent of public instruction denies an application for a waiver under this section, the superintendent shall file a notice of denial with the 2

Page No. 6 legislative management. If requested, the superintendent shall appear and respond to questions regarding the approval or denial of any application for a waiver under this section

The superintendent of public instruction shall adopt rules governing the submission and evaluation of applications and the monitoring of any school or school district that receives a waiver under this section

15.1-06-08.2. Innovative education program - Participation - Reports to legislative management

The superintendent of public instruction shall adopt rules to administer this section and develop criteria for the submission, approval, and evaluation of the proposals and plans under this section

The superintendent of public instruction may accept a proposal from any public or nonpublic school, upon approval by the school board or governing board, for participation in an innovative education program. The proposal must include evaluation criteria and specify the innovations to be pursued at the school or school district level and the manner in which the proposal will: a

The superintendent of public instruction may approve the proposal, reject the proposal, or work with the submitting school to modify the proposal

Improve the delivery of education; Improve the administration of education; Provide increased educational opportunities for students; or Improve the academic success of students

4. During the school's initial year of participation in the innovative education program, the school shall develop a comprehensive implementation plan and work with the superintendent of public instruction to ensure the long-term viability of the proposal

The superintendent of public instruction may approve the comprehensive implementation plan developed under subsection 4 for a period of up to five years. If, due to a change in circumstances, there is a determination by either the school or the superintendent of public instruction that modifications to the comprehensive implementation plan are necessary, the school and the superintendent of public instruction shall work with each other to achieve the necessary modifications

The superintendent of public instruction may revoke any waiver granted under section 15.1-06-08.1 if the superintendent of public instruction determines the school has failed to perform in accordance with the agreed upon terms of the program or failed to meet the requirements of this section

Any school participating in the program shall provide program evaluation data to the superintendent of public instruction at the time and in the manner requested by the superintendent of public instruction

The superintendent of public instruction shall provide annual reports to the legislative management regarding the innovative education program, including: a

The status of the implementation plan; A summary of any waived statutes or rules; and A review of evaluation data results

15.1-06-09. Inspection of public schools - Submission of inspection report - Correction of deficiencies

The state fire marshal or the state fire marshal's designee shall inspect each public school in this state at least once every three years, prepare an inspection report, and provide copies of the report to the superintendent of the school district and the superintendent of public instruction

If a deficiency is noted, the superintendent of the school district shall submit a plan of correction to the state fire marshal or the state fire marshal's designee and shall remedy the deficiency within a time period acceptable to the state fire marshal or the state fire marshal's designee and the school board affected by the deficiency, but not later than the next budget period

Page No. 7 b

If the report discloses an imminent fire hazard, the state fire marshal or the state fire marshal's designee shall immediately notify the school board, the school district superintendent, and the superintendent of public instruction. Upon a recommendation of immediate closure by the superintendent of public instruction, the school board and the school district superintendent may immediately close some or all of the school until the fire hazard is eliminated. In the case of a closure, the school district superintendent shall cooperate with the superintendent of public instruction to make adequate arrangements for the interim education of all affected students

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

The state fire marshal or the state fire marshal's designee shall inspect each nonpublic school in this state at least once every three years, prepare an inspection report, and provide copies of the report to the administrator of the school and the superintendent of public instruction

If a deficiency is noted, the administrator of the school shall submit a plan of correction to the state fire marshal or the state fire marshal's designee and shall remedy the deficiency within a time period acceptable to the state fire marshal or the state fire marshal's designee

If the report discloses an imminent fire hazard, the state fire marshal or the state fire marshal's designee shall immediately notify the administrator of the school and the superintendent of public instruction. Upon a recommendation of immediate closure by the superintendent of public instruction, the administrator may immediately close some or all of the school until the fire hazard is eliminated. In the case of a closure, the administrator shall cooperate with the superintendent of public instruction to make adequate arrangements for the interim education of all affected students

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

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

Each public and nonpublic school shall conduct fire, tornado, and other emergency or disaster drills, including lockdown drills

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

The superintendent of each school district shall ensure that the schools in the district comply with all health, safety, and sanitation requirements

15.1-06-14. Use of schools for purposes other than education

The board of a school district may permit the district's schools and facilities to be used for purposes other than the education of students, provided the usage does not interfere with the education of students. The board may impose restrictions on the usage provided the restrictions are nondiscriminatory and may impose a charge for the usage

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

1. No person may sell, solicit for sale, or advertise the sale of any merchandise, product, or service on school premises, or organize students for any such purpose, without first obtaining the permission of the school board, the school district superintendent, or the Page No. 8 school principal. This section does not apply to a student or school district employee who sells or attempts to sell a single item of personal property or a limited number of personal property items

The proceeds of any sale, by students or student groups, made for school activities must be accounted for to the school board not more than thirty days after the sale

Any person who violates any provision of this section is guilty of an infraction

15.1-06-16. Disturbance of a public school - Penalty

It is a class B misdemeanor for any person to: 1. Willfully disturb a public school that is in session; 2. Willfully interfere with or interrupt the proper order or management of a public school by an act of violence, boisterous conduct, or threatening language; or 3. Rebuke, insult, or threaten a teacher in the presence of a student

15.1-06-17. United States flag - Display

The board of a school district shall display a United States flag on the grounds of each school in the district during each schoolday in seasonable weather

15.1-06-17.1. Religious objects or documents - Display

A religious object or document of cultural, legal, or historical significance which has influenced the legal and governmental systems of the United States and this state may be displayed in a public school building together with other objects or documents of cultural, legal, or historical significance, which have influenced the legal and governmental systems of the United States and this state. The display of a religious object or document under this section must be in the same manner and appearance generally as other objects and documents displayed and may not be presented or displayed in any fashion that results in calling attention to the religious object or document apart from the other displayed objects or documents. A school board shall develop a policy for the proper display of any religious objects or documents

15.1-06-17.2. National motto - Display in schools

The motto of the United States of America "IN GOD WE TRUST" may be displayed in each public school

15.1-06-18. School report - Review

Annually, each public school principal shall complete a school report on forms provided by the superintendent of public instruction and submit the report to the school district superintendent

The school district superintendent shall collect the completed reports and forward them to the superintendent of public instruction, who shall submit the reports to the governor

3. Upon receiving the completed reports, the governor shall convene an ad hoc committee to review the information and to make any necessary changes in the information-gathering format

The governor or a designee of the governor shall serve as the chairman of the ad hoc committee

The membership of the ad hoc committee must include: a

Two individuals selected by the governor from a list of five nominees proposed by the North Dakota council of educational leaders

Two actively employed elementary or secondary teachers selected by the governor from a list of five nominees proposed by North Dakota united

Two individuals selected by the governor from a list of five nominees proposed by the North Dakota school boards association

Two individuals selected by the governor from a list of five nominees proposed by the North Dakota parent-teachers association

Two parents of school-age children selected by the governor

Page No. 9 f

Two high school students selected by the governor

The superintendent of public instruction or a designee of the superintendent

15.1-06-19. Counselor positions - Requirement

Beginning with the 2010-11 school year, each school district must have available one full-time equivalent counselor for every three hundred students in grades seven through twelve

2. Up to one-third of the full-time equivalency requirement established in subsection 1 may be met by career advisors

For purposes of this section, a "career advisor" means an individual who holds a certificate in career development facilitation issued by the department of career and technical education under section 15-20.1-24 or an individual who is provisionally approved by the department of career and technical education under section 15-20.1-25 to serve as a career advisor

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

Page No. 10

Previous Section

Chapter 15.1-05 Educational Telecommunications Council [Repealed]

Next Section

Chapter 15.1-07 School Districts