Title 15.1, Elementary and Secondary Education

This chapter does not apply to: 1. Any individual employed to teach at an institution of higher education under the control of the state board of higher education; 2. Any individual employed to teach at the youth correctional center, North Dakota vision services - school for the …

As used in this chapter: 1. "Administrator" means an individual who is employed by the board of a public school district primarily for administration of a school or schools of the district and who devotes at least fifty percent of the individual's time in any one year to the duti…

1. The education factfinding commission consists of three members experienced in educational activities. One member is appointed by the governor, one member is appointed by the superintendent of public instruction, and one member is appointed by the attorney general. The member a…

Each member of the commission is entitled to receive compensation at the rate set for a member of the legislative assembly under subsection 1 of section 54-03-20 and reimbursement for expenses, as provided by law for state officers, for attending commission meetings or performing…

Each factfinder appointed by the education factfinding commission, other than a commission member who serves as a factfinder, is entitled to receive compensation at the rate of ninety dollars per day and reimbursement for expenses, as provided by law for state officers, for atten…

The education factfinding commission may adopt rules. The commission and any factfinder appointed by the commission have, in the performance of their duties, the powers provided in sections 28-32-33, 28-32-34, and 28-32-36.

If an impasse exists under section 15.1-16-14, the contending parties shall share the cost of factfinding equally.

1. An individual employed as a teacher may form, join, and participate in the activities of a representative organization of the individual's choosing for the purpose of representation on matters of employer-employee relations. 2. An individual employed as an administrator may fo…

A representative organization has the right to represent a negotiating unit in matters of employee relations with the board of a school district. Any teacher or administrator has the right to present the individual's views directly to the board.

A representative organization's scope of representation may include matters relating to the terms and conditions of employment and employer-employee relations, including salary and working hours.

A group of teachers or a group of administrators employed by the board of a public school district may form a negotiating unit by filing with the board no later than February first of the current school year a petition providing a description of the job groupings or positions tha…

1. a. If an organization is interested in representing a group of teachers or a group of administrators, the organization may file with the board of a school district a petition asserting that the organization represents a majority of the teachers or the administrators included w…

If an individual who is employed as a teacher, and who is a member of a representative organization as defined in this chapter, signs a petition requesting that dues for the representative organization be deducted from the individual's regular paycheck, the board of the school di…

1. The board of a school district or its representatives and the representative organization or its representatives shall, if requested by either entity, meet at reasonable times and negotiate in good faith regarding: a. The terms and conditions of employment. b. Employer-employe…

1. An impasse exists if: a. After a reasonable period of negotiation, an agreement has not been formulated and a dispute exists; b. No later than July first following the recognition of the representative organization under section 15.1-16-11: (1) An agreement has not been reache…

1. If an impasse exists under section 15.1-16-14, the board of a school district and the representative organization may agree to seek mediation. The board and the representative organization shall jointly select a mediator and agree to a distribution of the mediation cost. If me…

Teachers and administrators employed by school districts may not participate in a strike. The board of a school district may withhold some or all the wages otherwise due a teacher or an administrator who elects to participate in a strike in violation of this section.

Neither the board of a school district nor any administrator employed by the district may discriminate against any individual employed as a teacher or administrator because the individual exercises rights available under this chapter.

A representative organization that enters a contract with the board of a school district retains the authority to represent the negotiating unit for the duration of the contract or until another representative organization is recognized by the board of the school district as the …

The board of a school district shall allow a teacher to: 1. Use at least ten days of sick leave each school year without a loss of compensation; and 2. Accumulate sick leave and carry over from year to year at least thirty days of accumulated unused sick leave.

1. The superintendent of public instruction shall develop contracts of employment and personnel policies applicable to each individual employed as a teacher at North Dakota vision services - school for the blind and the school for the deaf. The director of the division of juvenil…

1. a. If, after the conclusion of a school calendar, the board of a school district has a teaching position vacant and if the board, having done all things necessary and proper, is unable to fill that position by the forty-fifth day prior to the start of the district's school cal…

The board of a school district, or any authorized subcommittee of the board, may hold an executive session under section 44-04-19.2 to discuss negotiating strategies or to provide to its representative negotiating instructions, which are applicable to anticipated or pending: 1. L…

A teacher employed by a school district or a state-supported institution that provides elementary and secondary education to its students may review documents generated and placed in the teacher's personnel file after the teacher was employed for the position. Upon receiving a wr…

A teacher employed by a school district may provide the school district superintendent with a written response to any document in the teacher's personnel file. A teacher employed by a state institution that provides elementary and secondary education to its students may provide t…

If a teacher believes that any document in the teacher's personnel file, other than a formal performance evaluation, is inappropriate or inaccurate, the teacher may request that the file be reviewed by the principal of the school or by the administrator if the school is a state i…

If a complaint is filed against a teacher or against an individual for whom the teacher is administratively responsible, and the complaint is to be placed in the teacher's personnel file, the school principal, administrator, or school district superintendent shall inform the teac…

It is a class B misdemeanor for any individual employed by a school district or a state-supported institution that provides elementary and secondary education to its students to maintain documents about a teacher unless the teacher has access to the documents, as provided in this…

The education standards and practices board shall issue an optional early childhood education teaching license or endorsement to an applicant who meets the requirements set by the board. The optional early childhood education teaching license may be used in nonparental settings s…

In order to teach prekindergarten and kindergarten, an individual must be: 1. Licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board; and 2. a. Have a major in elementary education and a kindergarten en…

1. An individual who is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board may teach any grade from one through eight, provided the individual meets any requirements established in accordance with s…

1. An individual assigned as a student teacher or employed as an eminence-credentialed teacher has the same legal authority and status as a licensed teacher employed by the school district. The authority extends to all aspects of student management and discipline, the handling of…

Notwithstanding the requirements of this chapter: 1. An individual may teach art, business education, computer education, a foreign language, music, physical education, special education, and technology education at any grade level from kindergarten through grade eight, provided …

The education standards and practices board may extend the effective dates for any provision in this chapter if the United States secretary of education by rule, policy, or guidance authorizes such extension.

Notwithstanding contrary provisions of this chapter regarding licensure qualifications, section 43-51-11.1, regarding licensure of a military spouse, applies to an applicant's qualifications for licensure.

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.

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 …

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…

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.

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.

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…

The board of a school district may contract with licensed health care personnel to assist in the detection and eradication of communicable parasites.

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…

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…

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…

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…