§ 15.1-06-06 — Approval of public schools (Effective through June 30, 2026)

1. To obtain certification that a public school is approved, the superintendent of the
district in which the school is located shall submit to the superintendent of public
instruction a compliance report verifying that:

a. Each classroom teacher is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board;
b. Each classroom teacher is teaching only in those course areas or fields for which
the teacher is licensed or for which the teacher has received an exception under
section 15.1-09-57;
c. The school meets all curricular requirements set forth in chapter 15.1-21;
d. The school participates in and meets the requirements of a review process that
is:
(1) Designed to improve student achievement through a continuous cycle of
improvement; and
(2) Approved by the superintendent of public instruction;
e. The physical school plant has been inspected by the state fire marshal or the
state fire marshal's designee in accordance with section 15.1-06-09 and:
(1) Has no unremedied deficiency; or
(2) Has deficiencies that have been addressed in a plan of correction which
was submitted to and approved by the state fire marshal or the state fire
marshal's designee;
f. All individuals hired after June 30, 2011, and having unsupervised contact with
students at the school, have:
(1) Undergone a criminal history background check requested by the employing
school district; or
(2) Undergone a criminal history background check in order to be licensed by
the education standards and practices board or by any other state licensing
board; and
g. The school uses North Dakota eTranscripts, or an alternative information system
designated by the information technology department in collaboration with the
superintendent of public instruction, to generate official transcripts.
2. The compliance report required by subsection 1 must:
a. Be signed by the school principal and the superintendent of the school district;
b. Be formally approved by the board of the school district; and
c. Be filed with the superintendent of public instruction before five p.m. on the:
(1) First day of October; or
(2) The date of the extension provided under subsection 6.
3. On the tenth day of September and on the twenty-fifth day of September, the
superintendent of public instruction shall provide to each school principal, school
district superintendent, and school board member, electronic notification that the
compliance report is due on the first day of October.
4. If a school's compliance report is not submitted at the time and in the manner required
by subsection 2, the superintendent of public instruction shall designate the school as
unapproved. No later than thirty days after the date on which a school's compliance
report is due, in accordance with subsection 2, the superintendent of public instruction
shall post a notice on the department's website, indicating whether a school is
approved or unapproved.
5. If a public school does not meet the approval requirements of this section, the
superintendent of public instruction shall:
a. Notify the parents of students enrolled in the school, either directly or through the
local media outlets, that the school is unapproved; and
b. Subtract from any state aid otherwise payable to the school district the prorated
amount attributable to the students in attendance at the unapproved school for
each day that the school's compliance report is not on file with the superintendent
of public instruction.
6. If because of unforeseen or other extenuating circumstances a school district
superintendent is unable to file a school's compliance report with the superintendent of
public instruction before five p.m. on October first, the school district superintendent
may request one extension from the superintendent of public instruction. The

superintendent of public instruction shall grant the extension provided the request was
received before five p.m. on October first. An extension under this section terminates
at five p.m. on October fifteenth.
7. Upon receipt of a school's compliance report, as required by this section, the
superintendent of public instruction shall certify the school as being approved. A
certification of approval under this subsection expires at the conclusion of the regular
school calendar.
8. If after being certified as approved a school experiences circumstances or events that
would render the information contained in its compliance report inaccurate, the
superintendent of the school district in which the school is located shall notify the
superintendent of public instruction and work with the superintendent of public
instruction to address the circumstances or events at the earliest possible time.
9. If a school district does not employ a superintendent, the duties required of a school
district superintendent by this section must be performed as provided for in chapter
15.1-11.
Approval of public schools. (Effective after June 30, 2026)
1. To obtain certification that a public school is approved, the superintendent of the
district in which the school is located shall submit to the superintendent of public
instruction a compliance report verifying that:
a. Each classroom teacher is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board;
b. Each classroom teacher is teaching only in those course areas or fields for which
the teacher is licensed or for which the teacher has received an exception under
section 15.1-09-57;
c. The school meets all curricular requirements set forth in chapter 15.1-21;
d. The school participates in and meets the requirements of a review process that
is:
(1) Designed to improve student achievement through a continuous cycle of
improvement; and
(2) Approved by the superintendent of public instruction;
e. The physical school plant has been inspected by the state fire marshal or the
state fire marshal's designee in accordance with section 15.1-06-09 and:
(1) Has no unremedied deficiency; or
(2) Has deficiencies that have been addressed in a plan of correction which
was submitted to and approved by the state fire marshal or the state fire
marshal's designee;
f. All individuals hired after June 30, 2011, and having unsupervised contact with
students at the school, have:
(1) Undergone a criminal history background check requested by the employing
school district; or
(2) Undergone a criminal history background check in order to be licensed by
the education standards and practices board or by any other state licensing
board; and
g. The school uses North Dakota eTranscripts, or an alternative information system
designated by the information technology department in collaboration with the
superintendent of public instruction, to generate official transcripts.
h. The school executed a data sharing agreement with the department under
sections 15.1-07-25.3 and 15.1-07-33.
2. The compliance report required by subsection 1 must:
a. Be signed by the school principal and the superintendent of the school district;
b. Be formally approved by the board of the school district; and
c. Be filed with the superintendent of public instruction before five p.m. on the:
(1) First day of October; or
(2) The date of the extension provided under subsection 6.

3. On the tenth day of September and on the twenty-fifth day of September, the
superintendent of public instruction shall provide to each school principal, school
district superintendent, and school board member, electronic notification that the
compliance report is due on the first day of October.
4. If a school's compliance report is not submitted at the time and in the manner required
by subsection 2, the superintendent of public instruction shall designate the school as
unapproved. No later than thirty days after the date on which a school's compliance
report is due, in accordance with subsection 2, the superintendent of public instruction
shall post a notice on the department's website, indicating whether a school is
approved or unapproved.
5. If a public school does not meet the approval requirements of this section, the
superintendent of public instruction shall:
a. Notify the parents of students enrolled in the school, either directly or through the
local media outlets, that the school is unapproved; and
b. Subtract from any state aid otherwise payable to the school district the prorated
amount attributable to the students in attendance at the unapproved school for
each day that the school's compliance report is not on file with the superintendent
of public instruction.
6. If because of unforeseen or other extenuating circumstances a school district
superintendent is unable to file a school's compliance report with the superintendent of
public instruction before five p.m. on October first, the school district superintendent
may request one extension from the superintendent of public instruction. The
superintendent of public instruction shall grant the extension provided the request was
received before five p.m. on October first. An extension under this section terminates
at five p.m. on October fifteenth.
7. Upon receipt of a school's compliance report, as required by this section, the
superintendent of public instruction shall certify the school as being approved. A
certification of approval under this subsection expires at the conclusion of the regular
school calendar.
8. If after being certified as approved a school experiences circumstances or events that
would render the information contained in its compliance report inaccurate, the
superintendent of the school district in which the school is located shall notify the
superintendent of public instruction and work with the superintendent of public
instruction to address the circumstances or events at the earliest possible time.
9. If a school district does not employ a superintendent, the duties required of a school
district superintendent by this section must be performed as provided for in chapter
15.1-11.