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.
15.1-40-06. Superintendent of public instruction - Powers and duties - Report to the legislative management. 1. The superintendent of public instruction shall: a. Evaluate an application from the organizer of a proposed public charter school. b. Deny an application that does not meet identified educational needs. c. Determine whether a charter school application merits approval, conditional approval, renewal, or revocation. d. Negotiate and execute a charter performance agreement with an approved public charter school. e. Monitor the performance and compliance of a public charter school. 2. The superintendent of public instruction shall provide to the legislative management a report within three years of approving the first public charter school summarizing the:
a. Strategic vision and progress of each public charter school. b. Performance of each operating public charter school, according to the performance measures and expectations specified in the charter performance agreement. c. Status of charter applications, including charter schools that were not approved, not renewed, and closed. d. Oversight and services provided by the superintendent of public instruction to public charter schools. e. Total amount of fees collected from each public charter school, how the funds were expended to support the public charter school, and the costs incurred by the superintendent of public instruction to oversee each public charter school. 3. To cover costs of overseeing public charter schools in accordance with this chapter, the superintendent of public instruction may: a. Expend resources available to the department of public instruction, seek grant funds, and establish partnerships. b. Charge an administrative fee of up to three percent of annual per student allocations received by each public charter school. 4. An employee of the superintendent of public instruction may not serve as an employee, trustee, agent, representative, or vendor of a public charter school. 5. The superintendent of public instruction is not liable for the acts, omissions, debts, or other obligations of a public charter school.
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.