Title 15.1 — Elementary and Secondary Education

As used in this chapter: 1. "At-risk student" means a student with an economic or academic disadvantage requiring additional services or assistance to succeed in educational programs, including special education students and English language learners. 2. "Charter performance agre…

A public charter school formed under this chapter: 1. Is a public school within the state's public education system. 2. May decide matters related to budgeting, curriculum, and operating procedures, subject to the school's charter performance agreement. 3. Shall obtain insurance …

1. Except as provided in this chapter, a public charter school is not subject to a state or local law, rule, regulation, policy, or procedure related to education. 2. A public charter school is subject to federal laws and authorities related to education.

The superintendent of public instruction: 1. Shall publish information and procedures regarding forming and operating a public charter school and enrolling students in a public charter school. 2. May provide assistance and guidance for developing effective authorization and overs…

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 pr…

If a proposed public charter school intends to enter an agreement with an education service provider for education or management services, in addition to the other application requirements, a public charter school organizer shall: 1. Explain the selection process and reasoning fo…

1. The application review process must include a thorough evaluation of the application and an in-person interview with the applicant at a public meeting. 2. The superintendent of public instruction shall: a. Grant charters to applicants demonstrating competence in the charter ap…

1. An initial charter performance agreement term is five years. The term commences on the public charter school's first day of operation. 2. A public charter school may delay its opening for up to one school year after approval. If the public charter school requires an opening de…

1. The superintendent of public instruction shall issue a public charter school performance report for each five-year term of a charter performance agreement no later than seventy-five days before a public charter school's fourth year of operation begins. 2. The report must inclu…

1. The superintendent of public instruction shall create a uniform renewal application and evaluation process. 2. The governing board shall submit a renewal application to the superintendent of public instruction no later than the first day of instruction of a public charter scho…

1. A charter performance agreement may be revoked at any time or not renewed if the superintendent of public instruction determines the public charter school: a. Failed to comply with this chapter or other law. b. Committed a material violation of a term, condition, standard, or …

If a public charter school intends to close and dissolve, the school shall: 1. Notify the parents or guardians of students of the intent to close and dissolve. 2. Transition students and student records as necessary. 3. Properly distribute the public charter school's assets, firs…

A public charter school: 1. Is a local education agency for purposes related to the funding of special education services within the limits of legislative appropriations. 2. Shall provide services to students in public charter schools as required by federal, state, and local law …

1. A governing board: a. May enter more than one charter performance agreement concurrently. b. Shall adopt a viable conflict of interest policy and code of ethics. c. Shall adopt a policy to avoid nepotism in hiring and supervision. The policy must require disclosure to the boar…

1. Public charter school teachers must be licensed by the education standards and practices board and must meet the requirements under chapter 15.1-18. 2. An employee of a public charter school is eligible to participate in retirement and benefits programs of the state, if the pu…

A public charter school shall: 1. Adhere to generally accepted accounting principles. 2. Engage a qualified certified public accountant or public accountant to independently audit the public charter school's finances once every six months. The public charter school shall submit t…

1. A public charter school shall certify to the superintendent of public instruction its student enrollment in accordance with section 15.1-27-02. 2. The state shall pay to the public charter school an amount equal to the statewide average amount distributed per student under sub…

1. A public charter school may enter an agreement with a public or private entity for the use of the entity's facility. 2. A public charter school holds a right of first refusal to part or all of an unused state- owned facility or property located in the state. The superintendent…