Title 15.1 — Elementary and Secondary Education
44 chapters · 615 sections in this title.
N.D.C.C. § 15.1-35-06 Studies - Appraisals - Reports to governor
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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 …
N.D.C.C. § 15.1-35-07 Food service personnel - Training
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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…
N.D.C.C. § 15.1-35-08 Contract - Preparation and provision of meals
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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…
N.D.C.C. § 15.1-35-09 Beverages - Snack breaks
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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…
N.D.C.C. § 15.1-36-01 School construction projects - Approval
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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…
N.D.C.C. § 15.1-36-02.1 School construction projects - Reorganized districts - Interest subsidy
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Repealed by S.L. 2017, ch. 368, § 9. 15.1-36-03. School construction project loans - Management by Bank of North Dakota. Repealed by S.L. 2017, ch. 368, § 9. 15.1-36-04. Evidences of indebtedness. (Retroactive application - See note) Except as otherwise provided in this chapter, …
N.D.C.C. § 15.1-36-05 Construction of public school building - Violations - Penalty
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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;…
N.D.C.C. § 15.1-36-06 School construction loans - Bank of North Dakota
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Repealed by S.L. 2017, ch. 368, § 10.
N.D.C.C. § 15.1-36-07 School construction loans - Bank of North Dakota
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Repealed by S.L. 2017, ch. 368, § 9. 15.1-36-08. School construction assistance revolving loan fund - Bank of North Dakota - School construction projects - Continuing appropriation. 1. The school construction assistance revolving loan fund is a special revolving loan fund adminis…
N.D.C.C. § 15.1-37-01 Early childhood education program - Approval
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Repealed by S.L. 2021, ch. 358, § 11.
N.D.C.C. § 15.1-37-02 North Dakota early childhood education council - Membership - Terms
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Repealed by S.L. 2021, ch. 358, § 11.
N.D.C.C. § 15.1-37-03 Council - Duties
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Repealed by S.L. 2021, ch. 358, § 11.
N.D.C.C. § 15.1-37-04 Council members - Reimbursement for expenses
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Repealed by S.L. 2021, ch. 358, § 11.
N.D.C.C. § 15.1-37-05 Early childhood education providers - Coalition - Eligibility
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Repealed by S.L. 2025, ch. 479, § 39.
N.D.C.C. § 15.1-37-06 Receipt and distribution of grants - Notification
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Repealed by S.L. 2025, ch. 479, § 39.
N.D.C.C. § 15.1-37-07 Acceptance of children into program - Requirements - Limitations
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Repealed by S.L. 2021, ch. 358, § 11.
N.D.C.C. § 15.1-37-08 Data collection - Requirements
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Repealed by S.L. 2025, ch. 479, § 39.
N.D.C.C. § 15.1-38-01 English language learners - Program of instruction
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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.
N.D.C.C. § 15.1-38-01.1 English language learner - Definition
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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…
N.D.C.C. § 15.1-38-01.2 New immigrant English language learner - Definition
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Repealed by S.L. 2009, ch. 175, § 64.
N.D.C.C. § 15.1-38-02 Program establishment
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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…
N.D.C.C. § 15.1-38-03 English language learner services - Individualized plans
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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…
N.D.C.C. § 15.1-39-01 Definitions
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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…
N.D.C.C. § 15.1-39-02 Designation of athletic teams
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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…
N.D.C.C. § 15.1-39-03 Adverse action against school prohibition
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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…
N.D.C.C. § 15.1-39-04 Cause of action
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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 …
N.D.C.C. § 15.1-40-01 Definitions
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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…
N.D.C.C. § 15.1-40-02 Public charter schools - Authority - Governance - Requirements
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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 …
N.D.C.C. § 15.1-40-03 Applicability of other laws, rules, and regulations
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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.
N.D.C.C. § 15.1-40-04 Superintendent of public instruction - Information - Guidance - Rules
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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…
N.D.C.C. § 15.1-40-05 Charter schools - Eligibility - Enrollment
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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…
N.D.C.C. § 15.1-40-08 Education service providers
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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…
N.D.C.C. § 15.1-40-09 Application review process - Approval decisions
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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…
N.D.C.C. § 15.1-40-11 Charter performance agreement - Terms - Delayed opening
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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…
N.D.C.C. § 15.1-40-13 Public charter school performance report - Renewal responsibilities
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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…
N.D.C.C. § 15.1-40-14 Renewal application - Decision
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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…
N.D.C.C. § 15.1-40-15 Charter performance agreement - Revocation - Nonrenewal
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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 …
N.D.C.C. § 15.1-40-16 School closure and dissolution
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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…
N.D.C.C. § 15.1-40-17 Local education agency status
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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 …
N.D.C.C. § 15.1-40-18 Governing board
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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…
N.D.C.C. § 15.1-40-19 Public school employees
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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…
N.D.C.C. § 15.1-40-20 Generally accepted accounting principles - Independent audits
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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…
N.D.C.C. § 15.1-40-21 Funding - Categorical aid - Transportation
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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…
N.D.C.C. § 15.1-40-22 Facilities - Activities
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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…
N.D.C.C. § 15.1-04.1-01 Compact on educational opportunity for military children
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The compact on educational opportunity for military children is entered with all jurisdictions legally joining therein, in the form substantially as follows: ARTICLE I - PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of mil…
N.D.C.C. § 15.1-04.1-03 Compact commissioner - Appointment - Duties
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The governor shall appoint a compact commissioner who shall be responsible for the administration and management of the state's participation in the compact on educational opportunity for military children.
N.D.C.C. § 15.1-04.1-04 Military family education liaison - Appointment - Duties
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The state council on educational opportunity for military children shall appoint a military family education liaison to assist military families and the state in facilitating the implementation of the compact on educational opportunity for military children.
N.D.C.C. § 15.1-09.1-01 Definition
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For purposes of this chapter, "regional education association" means a group of school districts that have entered a joint powers agreement that has been reviewed by the superintendent of public instruction and verified as meeting the requirements of section 15.1-09.1-02. 15.1-09…
N.D.C.C. § 15.1-09.1-02.1 Regional education association - Services to be offered
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1. To be eligible for state funding, a regional education association shall offer the following services to its member districts: a. Coordination and facilitation of professional development activities for teachers and administrators employed by its member districts; b. Supplemen…
N.D.C.C. § 15.1-09.1-02.2 Regional education association - Review process
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In order to be eligible for state funding, a regional education association shall participate in and meet the requirements of a review process that is: 1. Designed to raise the quality of services offered by a regional education association to its members, in accordance with this…