Title 15.1, Elementary and Secondary Education

The board of a multidistrict special education unit may: 1. Receive state and federal funds and distribute them to each participating school district. 2. Employ personnel necessary to carry out administrative services, itinerant instruction, coordinative services, and related ser…

The board of a multidistrict special education unit shall plan and coordinate the transportation of each student receiving special education services within the unit.

Any individual employed by the board of a multidistrict special education unit has the same statutory rights as those accorded to an individual employed by a school district for the same purpose.

As used in this chapter: 1. "Boarding home care for a student with disabilities" means the provision of food, shelter, security, and safety, on a twenty-four-hour basis, to an individual who has reached the age of three years but who has not reached the age of twenty-one before S…

A person may not establish or operate a family boarding home unless the person first obtains a registration certificate from the department. This section does not apply if the student's boarding and care are provided in: 1. The home of a relative. 2. A home or institution under t…

1. In order to obtain a registration certificate for a family boarding home, a person shall complete an application form available from the department. 2. The department may investigate the applicant's activities and may inspect the home for which the registration is sought. 3. T…

The state fire marshal or a designee of the state fire marshal shall inspect any home for which a registration certificate is sought if requested to do so by the department. The department may inspect any home for which a registration certificate is sought. The entity conducting …

At any time, the department or its authorized agents may inspect the conditions of a family boarding home and investigate the qualifications of the owner or operator.

A person who has been convicted of an offense may not be disqualified from registration under this chapter, unless: 1. The department determines that the offense has a direct bearing upon the person's ability to serve the public as an owner or operator of a boarding home for stud…

If after reviewing a person's application for a registration certificate the department elects to deny the application, the department shall serve the applicant with notice of the denial and with the reasons for the denial. The department shall hold an administrative hearing unde…

The registration certificate must indicate the name of the owner or operator of the boarding home, the location of the boarding home, and the maximum number of students with disabilities who, at any one time, may board at the home.

Any person to whom a registration certificate has been issued shall: 1. Maintain records regarding each student for whom care is provided, as directed by the department; 2. Submit forms and other information regarding each student for whom care is provided, as directed by the dep…

All records and information regarding a student for whom care is provided under this chapter are confidential and may be disclosed only: 1. As part of a judicial proceeding; 2. To officers of the law; 3. To representatives of a governmental entity; 4. To the parent of a student f…

The department may revoke a registration certificate issued under this chapter if: 1. The home is in an unsanitary condition. 2. The home is not properly equipped to provide for the health and safety of the students. 3. The individual in charge of the home and all assistants are …

Before the department may revoke a person's registration certificate, the department shall serve the holder of the registration certificate with notice of the revocation and the grounds for the revocation. The department shall hold an administrative hearing under chapter 28-32 re…

A governmental entity may not provide for the placement of a student with disabilities in a family boarding home unless the person operating the home: 1. Has obtained a registration certificate; or 2. Is exempt from the registration requirement under subsection 1 or 2 of section …

The department may: 1. Establish standards for the registration and operation of a family boarding home. 2. Allow the application of alternate standards, if appropriate. 3. Adopt rules governing the provision of boarding home care to students with disabilities. 4. Authorize a gov…

A person who violates this chapter is guilty of a class B misdemeanor.

In this chapter unless the context otherwise requires: 1. "Child nutrition program" means any program that provides federal assistance for the provision of nutritious meals to children. 2. "Food distribution program" means any program that provides federally donated agricultural …

The superintendent of public instruction shall administer federal funds designed to provide nonprofit child nutrition programs and food distribution programs for eligible participants. The superintendent of public instruction may enter a contract with any agency of the federal go…

In order to provide for the establishment, maintenance, operation, and expansion of any child nutrition and food distribution program, the superintendent of public instruction may: 1. Contract with any public or private entity. 2. Adopt rules. 3. Employ personnel. 4. Provide tech…

The board of a school district may expend any funds or gifts received by it under this chapter and any funds received from the sale of meals under a child nutrition and food distribution program.

The superintendent of public instruction shall adopt rules regarding recordkeeping, accounting, and reporting by any public or private entity participating in a child nutrition or food distribution program. All accounts and records must be available for inspection and audit at an…

In cooperation with other public and private entities, the superintendent of public instruction may: 1. Study methods to improve and expand child nutrition and food distribution programs; 2. Study methods to promote nutrition education in schools; 3. Conduct appraisals regarding …

Each individual who manages the food service operation of a public or nonprofit private entity, with which the superintendent of public instruction has entered a contract under this chapter, shall undergo initial and continuing training regarding the safe handling, preparation, a…

1. The board of a school district may prepare and provide meals, snacks, or other food services for any events or programs occurring on or off school property, provided the events or programs: a. Are hosted by or under the auspices of the school district; or b. Involve child care…

During the 2013-15 biennium, a school district may utilize resources provided in accordance with subdivision l of subsection 1 of section 15.1-27-03.1 to ensure that students who are eligible for free or reduced lunches under the Richard B. Russell National School Lunch Act [42 U…

1. Notwithstanding the powers and duties of school boards provided by law, the superintendent of public instruction shall approve the construction, purchase, repair, improvement, modernization, or renovation of any public school building or facility before commencement of the pro…

1. Up to sixty million dollars from the coal development trust fund is available to the board of university and school lands for loans under this section. 2. To be eligible for a loan under this section, the school district must demonstrate a need based on an unanticipated constr…

Except as otherwise provided in this chapter, the board of a school district may issue and sell evidences of indebtedness under chapter 21-02 or 21-03 to finance the construction or improvement of a project approved under this chapter. The principal amount of the loan and the evi…

1. A person is guilty of an infraction if the person: a. Draws plans or specifications for the construction of a public school building or facility in violation of this chapter; b. Superintends the construction of a public school building or facility in violation of this chapter;…

1. The school construction assistance revolving loan fund is a special revolving loan fund administered by the Bank. The fund consists of all moneys appropriated or transferred to the fund by the legislative assembly, all interest or other earnings of the fund, and all repayments…

Each school district shall provide a program of instruction for students who are English language learners. The program may be provided by a school district or in conjunction with one or more districts.

English language learner means a student who: 1. Is at least five years of age but has not reached the age of twenty-one before August first of the year of enrollment; 2. Is enrolled in a school district in this state; 3. Has a primary language other than English or comes from an…

The superintendent of public instruction shall: 1. Appoint a state advisory committee to assist with the establishment and administration of English language learner programs and the state English language proficiency assessment; 2. Establish standards for English language learne…

If a school district determines through assessment that a student requires English language learner services, the school district shall convene a team to review the student's language and educational needs. The team may develop an individualized language plan and recommend specia…

As used in this chapter: 1. "School" means a public school or a not-for-profit nonpublic school whose athletic teams compete against a public school. 2. "Sex" means the biological state of being female or male, based on an individual's nonambiguous sex organs, chromosomes, or end…

1. An interscholastic or intramural athletic team or sport sponsored by a school must be expressly designated as one of the following based on the sex of the intended participants: a. "Males", "men", or "boys"; b. "Females", "women", or "girls"; or c. "Coed" or "mixed". 2. An ath…

A government entity, a licensing or accrediting organization, or an athletic association or organization may not entertain a complaint, open an investigation, or take any other adverse action against a school for maintaining separate interscholastic or intramural athletic teams o…

1. A student who is deprived of an athletic opportunity or who suffers direct or indirect harm as a result of a school knowingly violating this chapter has a private cause of action for injunctive relief, damages, and any other relief available under law against the school. 2. A …

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…

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, conditi…