Title 15.1 — Elementary and Secondary Education
44 chapters · 615 sections in this title.
N.D.C.C. § 15.1-19-01 Legal surname - Use
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Personnel in a public school district, a nonpublic school, a preschool program, and a child care facility shall use a student's legal surname for registration, for the maintenance of all records regarding the student, and in all communications requiring the use of a surname.
N.D.C.C. § 15.1-19-02 Corporal punishment - Prohibition - Consistent policies
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1. A school district employee may not inflict, cause to be inflicted, or threaten to inflict corporal punishment on a student. 2. This section does not prohibit a school district employee from using the degree of force necessary: a. To quell a physical disturbance that threatens …
N.D.C.C. § 15.1-19-03 Period of silence
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Repealed by S.L. 2001, ch. 187, § 2.
N.D.C.C. § 15.1-19-03.1 Recitation of prayer - Period of silence - Pledge of allegiance
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1. A student voluntarily may pray aloud or participate in religious speech at any time before, during, or after the schoolday to the same extent a student voluntarily may speak or participate in secular speech. 2. A student of a public or nonpublic school may not be prohibited fr…
N.D.C.C. § 15.1-19-04 Religious instruction - Excuse of student
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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.C.C. § 15.1-19-05 Birth control device - Distribution - Restriction
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No person while acting in an official capacity as an employee or agent of a school district may distribute a birth control device to a student. This section does not apply to the distribution of a birth control device by an employee or agent to a child of that employee or agent.
N.D.C.C. § 15.1-19-06 Abortion referrals
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1. No person while acting in an official capacity as an employee or agent of a school district may refer a student to another person, agency, or entity for the purpose of obtaining an abortion. This provision does not extend to private communications between the employee or agent…
N.D.C.C. § 15.1-19-07 Communicable parasites - Detection and eradication
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The board of a school district may contract with licensed health care personnel to assist in the detection and eradication of communicable parasites.
N.D.C.C. § 15.1-19-08 Homeless child - Education
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1. A homeless child is entitled to a free public school education, in the same manner as that provided to other public school students, in accordance with the Stewart B. McKinney Homeless Assistance Act [Pub. L. 100-77; 101 Stat. 525; 42 U.S.C. 11431 et seq.]. 2. A school distric…
N.D.C.C. § 15.1-19-09 Students - Suspension and expulsion - Rules
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1. The board of a school district shall adopt rules regarding the suspension and expulsion of a student. The rules for expulsion must provide for a procedural due process hearing under subsection 2 of section 15.1-19-10 before the determination to expel a student is made. A stude…
N.D.C.C. § 15.1-19-10 Possession of a weapon - Policy - Expulsion from school
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1. The board of each school district shall adopt a policy governing the possession of weapons and firearms on school property or at a school function and provide for the punishment of any student found to be in violation of the policy. 2. The policy must: a. Prohibit the possessi…
N.D.C.C. § 15.1-19-11 School safety patrols - Establishment - Adoption of rules
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The board of a school district or the governing body of a nonpublic school may authorize a school principal or administrator to establish a safety patrol and to appoint students to the safety patrol. Any student enrolled in grade five or higher is eligible for appointment to a sa…
N.D.C.C. § 15.1-19-12 School safety patrols - Immunity from liability
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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 stud…
N.D.C.C. § 15.1-19-14 School law enforcement unit
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1. A school may create or designate a school law enforcement unit as defined in the Family Educational Rights and Privacy Act [20 U.S.C. 1232(g)] and rules adopted under the Act. Records of a school law enforcement unit regarding a student at a school are confidential but may be …
N.D.C.C. § 15.1-19-15 Record retention
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Records regarding a student obtained by a school under section 15.1-19-14, section 27-20.2-21, or section 27-20.4-21 must be destroyed when the student reaches the age of eighteen or no longer attends the school, whichever occurs later. 15.1-19-16. Asthma - Anaphylaxis - Self-adm…
N.D.C.C. § 15.1-19-17 Bullying - Definition
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As used in sections 15.1-19-17 through 15.1-19-22: 1. "Bullying" means: a. Conduct that occurs in a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity o…
N.D.C.C. § 15.1-19-18 Bullying - Prohibition by policy
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1. Each school district shall adopt a policy providing that while at a public school, on school district premises, in a district owned or leased schoolbus or school vehicle, or at any public school or school district sanctioned or sponsored activity or event, a student may not: a…
N.D.C.C. § 15.1-19-19 Professional development activities
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Repealed by S.L. 2017, ch. 350, § 6.
N.D.C.C. § 15.1-19-20 Bullying prevention programs
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Each school district shall provide bullying prevention programs to all students from kindergarten through grade twelve.
N.D.C.C. § 15.1-19-21 Causes of action - Immunity - School districts
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1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through 15.1-19-22 do not create or alter any civil cause of action for monetary damages against any person or school…
N.D.C.C. § 15.1-19-22 Causes of action - Immunity - Nonpublic schools
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1. Sections 15.1-19-17 through 15.1-19-22 do not prevent a victim from seeking redress pursuant to any other applicable civil or criminal law. Sections 15.1-19-17 through 15.1-19-22 do not create or alter any civil cause of action for monetary damages against any person or nonpub…
N.D.C.C. § 15.1-19-23.1 Immunity from COVID-19-related liability - Exceptions
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1. As used in this section, "COVID-19" means: a. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2; and b. Any disease caused by severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2. 2. Subject to subsection 3, the superintendent of publ…
N.D.C.C. § 15.1-19-24 Youth suicide prevention - Training
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Repealed by S.L. 2017, ch. 350, § 6.
N.D.C.C. § 15.1-19-25 Student journalists - Freedom of expression - Civil remedy
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1. As used in this section: a. "Protected activity" means an expression of free speech or freedom of the press. b. "School-sponsored media" means any material that is prepared, substantially written, published, or broadcast by a student journalist at a public school, distributed …
N.D.C.C. § 15.1-19-26 Prohibition on aiding and abetting sexual abuse
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1. The state educational agency, or local educational agency that receives federal funds under section 8546 of the Elementary and Secondary Education Act [20 U.S.C. 7926] shall prohibit any individual who is a school employee, contractor, or agent, or any state educational agency…
N.D.C.C. § 15.1-19-27 Conviction of aiding and abetting sexual abuse - Penalty
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Any individual who is a school district employee, contractor, or agent convicted of aiding and abetting sexual abuse as described in section 15.1-19-26 is guilty of a class B misdemeanor. 15.1-19-28. Dress code - Inclusion of traditional tribal regalia and objects of cultural sig…
N.D.C.C. § 15.1-19-29 Mandated reporter of suspected child abuse or neglect - Training
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Repealed by S.L. 2025, ch. 171, § 2.
N.D.C.C. § 15.1-19-30 Student sexual offense - Victim protection
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1. As used in this section: a. "Responsible student" means a student enrolled in a school who is an adjudicated juvenile or an adult convicted of committing a sexual offense upon another student enrolled in the same school. b. "Sexual offense" means an offense under chapter 12.1-…