North Dakota Administrative Code

Application for a waiver of an accreditation standard or of high school unit instructional time must be made on SFN 58169. The application must include the school name, signatures of the administrator and board chairman, and information that is responsive to the considerations to…

1. A completed SFN 58169 must be submitted to the department at: Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440 2. To be considered by the superintendent, an application for a waiver under this ch…

Each application for a waiver will be evaluated using the following criteria: 1. Whether the application seeks a waiver of an accreditation standard required by state statute other than North Dakota Century Code section 15.1-06-08.1. If so, the waiver cannot be granted. 2 2. Whet…

At any time prior to March first of the year prior to the school year the proposed waiver is to take effect, an applicant that has submitted an application for waiver, upon the written request of the director or on its own initiative, may submit additional information to the supe…

1. If approved, a school's request for a waiver of an accreditation standard or a waiver of high school unit instructional time is valid only for the time period requested but not exceeding one year. 2. A school may request the superintendent to extend the waiver of an accreditat…

If an applicant's request for a waiver is denied, the denial will be in writing and will state the reason for the denial. The notice of denial will be mailed to the applicant at the address provided for in the application and will include a notice of the opportunity to request a …

The superintendent will monitor the programs of applicants whose waiver requests are approved. At a minimum, the monitoring will include periodic reports from the applicant setting forth: 1. The number of hours of instructional time provided to high school and elementary students…

As used in this section: 1. "Board" means the school board of a public school district. 2. "Governing board" means the board or governing body of a nonpublic school. 3. "Superintendent" means the superintendent of public instruction. History: Effective January 1, 2018. General Au…

Any public school or school district or any nonpublic school may apply to the superintendent for participation in an innovative education program. History: Effective January 1, 2018. General Authority: NDCC 15.1-06-08.2, 28-32-02 Law Implemented: NDCC 15.1-06-08.2

To be considered, the planning proposal at a minimum must include: 1. Rationale and vision. a. Provide justification for implementation of an innovative education program. Cite research, evidence-based, or best practice information. b. Describe how the innovative education progra…

To be considered, the implementation proposal at a minimum must include: 1. A copy of the approved innovative education program planning proposal along with evidence of one year of planning. 2. Stakeholder engagement. Describe how the innovative education program implementation p…

When deemed appropriate and necessary to implement the innovative education program implementation proposal, the superintendent may grant a waiver of all or part of statute as provided in subsection 2 of North Dakota Century Code section 15.1-06-08.1. History: Effective January 1…

In order to provide educational opportunities through sponsoring entities, boards of school districts and governing boards of nonpublic schools shall adopt a local policy in accordance with North Dakota Century Code section 15.1-07-35. History: Effective January 1, 2022. General …

Any proposal submitted by an eligible sponsoring entity to a board of a school district or governing board of a nonpublic school under subsection 5 of North Dakota Century Code section 15.1-07-35 must include: 1. The name and information of the sponsoring entity; 2. The course ti…

A school district or nonpublic school that has approved a proposal from a sponsoring entity under this chapter shall notify the superintendent of public instruction within thirty days of approval. History: Effective January 1, 2022; amended effective January 1, 2023; October 1, 2…

Repealed effective October 1, 2023. 1

No later than June thirtieth of each school year, school districts or nonpublic schools providing educational opportunities with sponsoring entities shall provide program evaluation data to the superintendent of public instruction. Program evaluation data submitted may include: 1…

1. If program evaluation data indicates that a program is not providing success for students, the superintendent of public instruction may: a. Make recommendations for improvement; or b. Revoke the program. 2. If the superintendent of public instruction revokes a program as autho…

A school district must apply for and receive approval from the superintendent of public instruction for a summer high school program. To be considered by the superintendent, an application must be received by the department fifteen days prior to the start of the program. History:…

Repealed effective January 1, 2010.

All courses in the summer high school program must meet the following criteria: 1. Each course must be part of the high school curriculum as adopted by the school board and must be offered and available to all high school students. 2. Each course must be selected from courses lis…

Summer high school programs must be conducted between the closing date of the regular school year and the beginning date of the next regular school year. History: Effective May 1, 1999; amended effective October 1, 2006. General Authority: NDCC 15.1-27-19 Law Implemented: NDCC 15…

Students must have completed grade eight and not have graduated from high school for the district to qualify for proportionate payments. History: Effective May 1, 1999; amended effective October 1, 2006. General Authority: NDCC 15.1-27-19 Law Implemented: NDCC 15.1-27-19

The department of public instruction may monitor summer high school programs by conducting onsite visits. History: Effective May 1, 1999; amended effective October 1, 2006. General Authority: NDCC 15.1-27-19 Law Implemented: NDCC 15.1-27-19

School districts may develop cooperative programs with other school districts. Documentation of tuition agreements must be completed and approved by the districts involved prior to the start of the summer program and must be available for review by department monitors. History: E…

Summer school payments will be made through the state school aid system based on the number of full-time equivalent students enrolled in summer courses multiplied by the weight for summer education programs in North Dakota Century Code section 15.1-27-03.1. Full-time equivalent s…

The school lunch program, initiated at the federal level and in partnership with the states, is designed to safeguard the health and well-being of the nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food by assisting th…

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program. History: Effective January 1, 2000. General Authority…

Unless otherwise specified in this chapter, eligibility to participate in the national school lunch program is governed by federal national school lunch program regulations. The local program must conform to lawfully issued rules and policies relating to the national school lunch…

Local agencies eligible for participation in school lunch programs include: 1. Educational units of high school grade or under, recognized as part of the educational system in the state; 2. Public or nonprofit private classes of pre-primary grade conducted in educational units as…

Application forms are available at the department of public instruction, 600 east boulevard avenue, department 201, Bismarck, North Dakota 58505-0440. The application forms include: 1. Program agreement that includes: a. Identification of the program or programs the local agency …

The department of public instruction will conduct onsite reviews of local agency program operations as specified by federal regulations for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessme…

Local agencies are required to submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal and state reimbursement levels…

The local agency has complete discretion in establishing student meal prices. However, if student payments are required, they cannot exceed forty cents for a reduced-price lunch. Qualifying students shall receive lunch free or at a reduced price. Local agencies must agree to esta…

All lunch served under the program must meet the dietary guidelines for Americans as established by the federal regulations in 7 CFR 210. History: Effective January 1, 2000. General Authority: NDCC 15-54-03, 28-32-02 Law Implemented: NDCC 15-54-01; 7 CFR 210.10

Local participating agencies may receive United States department of agriculture foods or the value of entitlement through the federal food distribution program through four categories: 1. Entitlement United States department of agriculture foods, which are foods that local agenc…

The local agency food service program must adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction. A school food service employee who func…

Each local agency must maintain a financial management system to account for revenues and expenditures of its food service program. In local agencies that are public schools, ledgers must be reported and available at the department of public instruction. History: Effective Januar…

Local agencies shall comply with the requirements of the office of management and budget guidance for grants and agreements, 2 CFR 200 subpart D, concerning the procurement of supplies, food, equipment, and other services with program funds. History: Effective January 1, 2000; am…

The school breakfast program, initiated at the federal level and in partnership with the states, authorizes payments to the states to assist them to initiate, maintain, or expand nonprofit breakfast programs in schools. History: Effective February 1, 2000. General Authority: NDCC…

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program. History: Effective February 1, 2000. General Authorit…

Unless otherwise specified in this chapter, eligibility to participate in the school breakfast program is governed by federal school breakfast program regulations. The local program must conform to lawfully issued rules and policies relating to the school breakfast program. Histo…

Local agencies eligible for participation in school breakfast programs include: 1. Educational units of high school grade or under, recognized as part of the educational system in the state; 2. Public or nonprofit private classes of preprimary grade conducted in educational units…

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440. 1. The application forms include: a. A program agreement, which includes: (1) Identification of the program or programs in which …

The department of public instruction shall conduct onsite reviews of local agency program operations as specified by federal regulations for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessm…

Local agencies shall submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal and state reimbursement levels are deter…

The local agency has complete discretion in establishing student meal prices. However, if student payments are required, they may not exceed thirty cents for a reduced-price breakfast. Qualifying students must receive breakfast free or at a reduced price. Local agencies must agre…