N.D. Admin. Code Title 67 — Public Instruction, Superintendent of

Article 67-01 General Administration

Chapter 67-01-01 Organization of Department

N.D. Admin. Code 67-01-01-01 Organization of the department of public instruction

Repealed effective December 1, 2003. 67-01-01-01.1. Organization of the department of public instruction.

1.History. From 1864 to statehood, North Dakota was served by a territorial school board and a superintendent. In 1889, the constitution of North Dakota provided for a state superintendent of public instruction. William Mitchell was the first state superintendent. The 1890 legislative assembly enacted a provision that the superintendent of public instruction must hold a teacher's certificate of highest grade issued in the state. Statutes were also enacted at that time to provide that the state superintendent of public instruction shall have general supervision of the common and secondary schools of the state and shall be an ex officio member of the board of university and school lands. Effective January of 1991, authority for the supervision of the state schools for the deaf and blind and the state library was transferred to the office of the superintendent.

2.Superintendent. The superintendent is an elected, constitutional officer who supervises the kindergarten through grade twelve education system in North Dakota. The superintendent must be a qualified elector of the state who is at least twenty-five years old. The superintendent is charged with responsibility for the general supervision of elementary and secondary schools and to assure that North Dakota public and nonpublic elementary, middle-junior high, and high schools comply with statutory minimum requirements. The superintendent administers the state accreditation and education improvement processes; manages the issuance of credentials to administrators, driver education instructors, counselors, library media personnel, and title I and special education personnel; administers summer school programs at both the elementary and high school levels; administers the statewide standardized achievement testing program; adopts and administers rules relevant to the accreditation process; and administers the school food programs and the federally funded technology grant program and is responsible for the administration and implementation of the federal Elementary and Secondary Education Act. In 1989 the legislative assembly provided that the office of the superintendent of public instruction was to be known as the department of public instruction.

3.Administrative units.

a.Fiscal management. This unit is responsible for maintaining the department's budget, accounting, preparation of financial statements and reports, maintaining grants and contracts, processing of payments and revenue, and payroll operations. This unit also interprets and implements state and federal program statutes, state and federal regulations, and policy directives. This unit is also responsible for activities in the area of school district finance. This unit supervises the distribution of state aid and assists with the implementation of the uniform accounting system. The unit provides technical assistance to schools and school districts regarding annexation, reorganization, and dissolution procedures; provides support and technical assistance for open enrollment; approves school construction; and manages school construction loan programs.

b.Human resources management and office services. This unit performs personnel services for the department, including recruitment, salary administration, performance management, training, and policy development.

c.Child nutrition and food distribution. This unit administers United States department of agriculture's child nutrition programs, nutrition education and training programs, and commodity assistance for schools, institutions, and low-income individuals.

d.Management information systems. This unit is responsible for collecting data from all North Dakota schools for state and federal reporting. This unit also is responsible for oversight of the external and internal websites. In addition, this unit provides technical assistance and support for department staff and its partners.

e.School approval and opportunity. This unit assists kindergarten through grade twelve schools in providing quality education, administers the accreditation program, and reviews public and nonpublic schools for statutory compliance. The unit also administers the issuance of credentials for administrators, counselors, and library media personnel.

This unit administers the twenty-first century community learning centers grant, a competitive grant that provides opportunities for student academic enrichment in an afterschool or out of school time setting. This unit also is responsible for administrative rules development and updates. In addition, this unit processes and approves student applications for the North Dakota academic and career and technical education scholarship program.

f.Education equity and support. This unit provides financial and technical assistance to state and local educational agencies to meet the needs of all children. This office oversees title I, homeless education program, neglected and delinquent education program, and title IV. The purpose of title I is to provide instructional services and activities to meet the needs of disadvantaged children identified as failing, or most at risk of failing, the state's content standards. The purpose of title IV is to provide student support and academic enrichment, with the goal of creating safe, healthy, and wellrounded children. Multitiered systems of support, foster care programs, safe and healthy portfolios, etc. are coordinated through this office. This office also is responsible for the overall administration of school improvement grants to the lowest performing schools in the state, those identified as targeted support improvement, and comprehensive school improvement.

g.Special education. This unit prescribes state and federal rules and regulations for special education and assists school districts and special education units in the development and administration of special education programs for the IDEA B 611 and 619 programs.

h.Academic support. This unit encompasses multiple facets of the division of student support and innovation providing students, and the schools that serve those students, with student-centered resources as well as professional learning and development opportunities for educators. This unit closely collaborates with other units throughout the division and department, and several education and social service agencies across North Dakota. Key initiatives the unit supports span across early childhood education programs through grade twelve and include projects supporting the transition to higher education and career. These projects include leveraging the senior year; advanced coursework opportunities, including advanced placement, dual credit, and early entry; college-ready English and math developmental coursework; multiple professional learning and development opportunities; early childhood education programs through grade twelve standards development and implementation support; North Dakota comprehensive literacy program; dyslexia pilot; music education grants; leadership scholarships and opportunities; civics education supports; and the federal title II program.

i.Assessment. This unit provides professional services and guidelines to administer the North Dakota state assessment, North Dakota alternate assessment, ACCESS for English language learners, and the ACT aspire in accordance with state and federal law.

This unit also coordinates the national assessment of education progress in accordance with federal laws through the United States department of education. In providing the mentioned assessments, the office also plays a role in school accountability and measuring student learning. The adult education program, including GED testing program, provides funding and technical assistance to regional adult learning centers and monitors progress of each funded location and is also a part of this unit.

j.Indian and multicultural education. This unit administers the title III and migrant summer program funding and assists school districts in the development and administration of English language learner, migrant, and Indian education programs.

k.Outreach and engagement. This unit disseminates information about the department's initiatives and operations to families, students, educators, and other education stakeholders, as well as to legislators, policymakers, and the news media using a number of methods, including traditional and social media channels.

4.Divisions.

a.North Dakota state library. The state library was established as the public library commission in 1907 and occupied a single room in the state capitol. In 1909, the library's name was changed to the state library commission. The commission consisted of three members - the superintendent of public instruction, the president of the North Dakota library association, and a member appointed by the governor. In 1927 the library was removed from the board of regents; it came under the auspices of the director of institutions until administrative authority was transferred to the superintendent of public instruction in 1989, effective January 1, 1991. The state library commission occupied the liberty memorial building on the capitol grounds from 1936-70 and later moved to the Randal building north of Bismarck. The agency's name was changed to the North Dakota state library in 1979 and in 1982 the state library returned to the liberty memorial building, its present location.

Today the superintendent appoints the state librarian. The state library specializes in state-of-the-art information services to state agencies and the general public and assumes a leadership role in promoting the development of library service for all North Dakota residents. Major goals of the state library are to provide library services to state government officials and employees, provide library services to patrons without direct local library services and to persons who are blind and physically disabled, and to provide libraries with consulting services in areas of collection, development, and evaluation. The state library coordinates the sharing of resources, provides continuing educational opportunities for librarians and public trustees, and maintains the state document depository program.

b.North Dakota vision services - school for the blind. The school for the blind was created by the constitution in 1889, established by the legislative assembly in 1895, and opened in Bathgate, North Dakota, in 1908. In 1952, a constitutional amendment authorized selection of another location. An initiated measure adopted in 1958 provided funds for a new school located near the university of North Dakota in Grand Forks. The new facilities, administered by the director of institutions, opened in September of 1961.

Authority for the supervision of the school was transferred to the department of public instruction in 1989, effective January 1, 1991. The 2001 legislative assembly changed its name to North Dakota vision services - school for the blind and it now functions as a statewide, comprehensive resource center and works cooperatively with related agencies in providing a full range of services to all persons who are blind or visually impaired, including those with multidisabilities. The superintendent of public instruction appoints the school superintendent. Land grant income and legislative appropriation support the school.

c.North Dakota school for the deaf. The school for the deaf, created by the constitution in 1889 and established by the first legislative assembly in 1890, opened in 1890 and was located in Devils Lake, North Dakota. The school for the deaf was administered by the director of institutions until January 1, 1991, when supervision was transferred to the department of public instruction. The school provides a free educational program for deaf children between the ages of birth and twenty-one. In addition to the school's traditional role as an educational institution, North Dakota school for the deaf also has become a resource center on deafness, serving the needs of hearing-impaired citizens statewide.

The school is supported by land grant income and legislative appropriation.

May 1, 1988; September 1, 1988; December 1, 2003; April 1, 2021; October 1, 2021.

History

• History: Amended effective January 1, 1982; September 1, 1983; November 1, 1985; January 1, 1986;
• General Authority: NDCC 15.1-37, 28-32-02(2)
• Law Implemented: NDCC 15.1-37, 28-32-02(2)

N.D. Admin. Code 67-01-01-02 Inquiries and contact information

The public may obtain information or make submissions or requests by contacting the department of public instruction.

1.General inquiries regarding the department of public instruction may be addressed to the superintendent of public instruction at:

North Dakota Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Floors 9, 10, and 11 Bismarck, ND 58505-0440 Local: (701) 328-2260 Fax: (701) 328-4770 Inquiries regarding the functions of a specific division may be addressed to the director of that division.

2.Mailing address for the North Dakota Vision Services - School for the Blind:

North Dakota Vision Services - School for the Blind 500 Stanford Road Grand Forks, ND 58203-2799 Local: (701) 795-2700 Toll free: (800) 421-1181 Fax: (701) 795-2727

3.Mailing address for the North Dakota School for the Deaf:

North Dakota School for the Deaf 1401 College Drive North Devils Lake, ND 58301 Local: (701) 665-4400 Fax: (701) 665-4409

4.Mailing address for the North Dakota State Library:

North Dakota State Library 604 East Boulevard Avenue, Dept. 250 Bismarck, ND 58505-0800 Local: (701) 328-4622 Fax: (701) 328-2040 In state toll free: (800) 472-2104

5.The Department of Public Instruction's web page address is http://www.dpi.state.nd.us/.

History

• History: Effective December 1, 2003; amended effective April 1, 2021.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Chapter 67-01-02 Definitions

N.D. Admin. Code 67-01-02-01 Definitions

As used in this title, unless the context otherwise requires:

1."Department" means the North Dakota department of public instruction.

2."Superintendent" means the superintendent of public instruction.

3."Title I" means title I of the Elementary and Secondary Education Act.

History

• History: Effective October 1, 2006; amended effective April 1, 2021.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 28-32-02

Article 67-04 Military Installations

Chapter 67-04-01 Appointment of School Board Members [Repealed]

N.D. Admin. Code 67-04-01 Appointment of School Board Members [Repealed]

ARTICLE 67-04

MILITARY INSTALLATIONS

Chapter 67-04-01Appointment of School Board Members [Repealed] 67-04-02Appointment of School Board Members

CHAPTER 67-04-01

APPOINTMENT OF SCHOOL BOARD MEMBERS [Repealed as the result of S.L. 1999, ch. 196, § 17]

Chapter 67-04-02 Appointment of School Board Members

N.D. Admin. Code 67-04-02-01 Appointment of school board members on military installation school district

1.The superintendent of public instruction shall invite the following persons to submit applications for appointment of school board members prior to March first of each year:

a.Active members of the military installation;

b.Spouses of active members of the military installation;

c.Retired members of the military installation whose permanent residence is located within the state and is no greater than twenty miles from the military installation; or

d.Spouses of retired members of the military installation whose permanent residence is located within the state and is no greater than twenty miles from the military installation.

2.The superintendent of public instruction shall ask applicants to provide information about their qualifications for and interest in an appointment to the school board, and such other information as the state board of public school education may require, in or attached to a letter of application. The information may be used by the superintendent of public instruction and the state board of public school education in their deliberations for appointment of school board members.

3.The superintendent of public instruction shall forward copies of the letters of application and any attachments to representatives of parent groups on the military installation and to the commander of the military installation for their review.

4.The representatives of parent groups shall submit recommendations regarding applicants for school board membership to the superintendent of public instruction and the commander of the military installation prior to April first.

5.After consulting with the commander of the military installation which has formed the school district about the appointments to be made that year, the superintendent of public instruction shall submit a list of recommended applicants, along with a list of all the applicants, and information obtained from the applicants and the commander of the military installation, to the state board of public school education.

6.The state board of public school education shall meet prior to May first of each year to consider approval of applicants for appointment of school board members from school districts formed on military installations.

7.Within fifteen days of the approval of applicants by the state board of public school education, the superintendent of public instruction shall announce the appointment of school board members for that year and the terms of the appointment for each member. The announcement of appointments must be made prior to May first of each year.

8.In making the initial appointment of school board members from newly formed school districts formed on military installations, if complying with the procedures in accordance with the date limitations of this section is an impossibility, the superintendent of public instruction and the state board of public school education shall comply with all of the procedures provided by this

section in a reasonable manner, in spite of the date limitations.

9.An individual who serves on the board of a school district where they reside may not simultaneously be appointed to the board of a military installation.

History

• History: Effective October 1, 2023.
• General Authority: NDCC 15.1-08-02, 28-32-02
• Law Implemented: NDCC 15.1-08-02

Article 67-08 Homeless Children Education

Chapter 67-08-01 Homeless Children Education

N.D. Admin. Code 67-08-01-01 Purpose

The purpose of this chapter is to facilitate the enrollment of homeless children of school age in the public school districts of North Dakota to enable them to have access to a free, appropriate public school education, and to be free of being stigmatized on the basis of their status as homeless.

History

• Law Implemented: NDCC 15.1-19-08

N.D. Admin. Code 67-08-01-02 Definitions

1."District of origin" means the public school district in North Dakota in which the child was last enrolled or which the child last attended when permanently housed.

2."Guardian" means a person of majority age with whom a homeless child or youth of school age is living or a person of majority age who has accepted responsibility for the homeless child or youth, whether or not the person has legal guardianship over the child or youth.

3."Homeless child or youth" means a child or youth from the age of three through twenty-one who lacks a fixed, regular, and adequate nighttime residence and includes the following:

a.A child or youth who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in a motel, hotel, trailer park, or camping grounds due to the lack of alternative adequate accommodations; is living in an emergency or transitional shelter; or is abandoned in a hospital;

b.A child or youth who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

c.A child or youth who is living in a car, park, public space, abandoned building, substandard housing, bus or train station, or similar setting; or

d.A migratory child or youth who qualifies as homeless because the child or youth is living in circumstances described in subdivisions a, b, and c of subsection 3.

4."Preschool child" means a child who is three, four, or five years of age before September fifteenth of the current school year.

5."School of origin" means the school that a child or youth attended when permanently housed or the school in which the child or youth was last enrolled, including a preschool. When the child or youth completes the final grade level served by the school of origin, the term "school of origin" includes the designated receiving school at the next grade level for all feeder schools.

6."Unaccompanied youth" means a youth not in the physical custody of a parent or guardian.

History

• Law Implemented: NDCC 15.1-19-08

N.D. Admin. Code 67-08-01-03 Responsibility

Each district in North Dakota shall:

1.Locate and identify children and youth experiencing homelessness within the district, whether or not they are enrolled;

2.Post notice of rights, that provides information regarding the educational rights of children and youth experiencing homelessness, in all school buildings as well as other locations in the district where services or assistance is provided to those experiencing homelessness.

3.Examine and revise, if necessary, existing school policies or rules that create barriers to the enrollment of children or youth experiencing homelessness. Examination and revision include identifying and removing barriers that prevent such children and youth from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with state, local, and school policies. Examination and revision also include ensuring homeless children and youth who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the state and local levels. School districts are encouraged to cooperate with agencies and organizations for the homeless to explore comprehensive, equivalent alternative educational programs and support services for children and youth experiencing homelessness to implement the intent of these rules.

4.Enact a policy prohibiting the segregation of children and youth experiencing homelessness from other students enrolled in the public school district.

5.Immediately enroll a child or youth experiencing homelessness, pending resolution of any dispute regarding in which school the child or youth shall be enrolled.

6.Determine school placement based on the best interests of a child or youth experiencing homelessness. Each district, to the extent feasible, shall keep a child or youth who is experiencing homelessness in the school of origin, except when doing so is contrary to the wishes of the child's or youth's parents or guardian. If the child or youth becomes permanently housed during an academic year, enrollment must continue in the school of origin for the remainder of that academic year unless the parents agree otherwise.

7.Designate an appropriate staff person as local homeless liaison who is able and has been trained to carry out the following duties:

a.Ensure children and youth experiencing homelessness are identified by school personnel through outreach and coordination activities with other entities and agencies;

b.Ensure children and youth experiencing homelessness are enrolled in, and have a full and equal opportunity to succeed in, schools of the district;

c.Ensure families, children and youth experiencing homelessness receive educational services for which they are eligible, including services through head start programs, including early head start programs, under the Head Start Act [42 U.S.C. 9831, et seq.], early intervention services under part C of the Individuals With Disabilities Education Act [20 U.S.C. 1431, et seq.], and other preschool programs administered by the district, and referrals to health care services, dental services, mental health services, and other appropriate services;

d.Ensure families and children and youth experiencing homelessness receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services;

e.Ensure the parents or guardians of children and youth experiencing homelessness are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;

f.Ensure public notice of the educational rights of children and youth experiencing homelessness are disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of children and youth experiencing homelessness and unaccompanied youth;

g.Ensure enrollment disputes are mediated in accordance with 42 U.S.C. 11432(g)(3)(E), which requires the following:

(1)The child or youth must immediately be enrolled in the school in which enrollment is sought pending resolution of the dispute;

(2)The parent or guardian of the child or youth must be provided written explanation of the school's decision regarding school selection or enrollment, including the rights of the parents, guardian, or youth to appeal the decision;

(3)In the case of an unaccompanied youth, the local educational agency liaison shall ensure the youth is enrolled immediately in the school in which enrollment is sought pending resolution of the dispute.

h.Ensure the parent or guardian of a child or youth experiencing homelessness, or the unaccompanied youth, is informed fully of all transportation services and is assisted in accessing transportation to the school of enrollment;

i.Ensure school personnel receive professional development and other support;

j.Ensure unaccompanied youth:

(1)Are enrolled in school;

(2)Have opportunities to meet the same challenging academic standards as are established for other children and youth, including implementation of the procedures under the Every Student Succeeds Act; and (3)Are informed of their status as an independent student under Section 480 of the Higher Education Act of 1965 [20 U.S.C. 1087vv] and that the youth may obtain assistance from the local educational agency liaison to receive verification of such status for the purposes of the free application for federal student aid described in

Section 483 of such Act [20 U.S.C. 1090]; and

k.Coordinate and collaborate with state coordinator and community and school personnel responsible for the provision of education and related services to children and youth experiencing homelessness.

History

• General Authority: NDCC 15.1-19-08, 28-32-02.
• Law Implemented: NDCC 15.1-19-08; 42 USC 9831, et seq., 20 USC 1431, et seq., 20 USC 1087vv, 20 U.S.C. 1090, P.L. 114-95, 42 USC 11432(g)(3)(E)

N.D. Admin. Code 67-08-01-04 Accountability

A district shall include homeless students in its academic assessment and accountability system under the federal Every Student Succeeds Act [P.L. 114-95]. A district shall report disaggregated data regarding the academic achievement and graduation rates for homeless children, as required by

Section 1111 of the Every Student Succeeds Act.

History

• History: Effective January 1, 2020.
• Law Implemented: NDCC 15.1-19-08; P.L. 114-95

Article 67-09 Approval for School Construction Estimated to Cost More Than One Hundred Fifty Thousand Dollars

Chapter 67-09-01 Approval for School Construction Estimated to Cost More Than One Hundred Fifty Thousand Dollars

N.D. Admin. Code 67-09-01-01 Definitions

For purposes of this article:

1."Application" means the appropriate construction approval application provided by the department, including all required supporting documentation.

2."Board" means the North Dakota state board of public school education.

3."Construction" means construction, purchase, repair, improvement, renovation, or modernization of any school building or facility which is estimated by the school board to cost more than one hundred fifty thousand dollars.

4."Consult" means to meet with, discuss data and plans, and seek advice and counsel.

5."Department" means the North Dakota department of public instruction.

6."District" means a North Dakota public school district.

7."Emergency construction" means any new construction or remodeling construction that is requested because of damage or destruction of buildings or facilities as a result of fire, tornado, flood, or other act of God.

8."Facility" includes a parking lot, athletic complex, or any other improvement to real property owned by the district.

9."Facility plan" means the school district's facility plan required for new construction, or remodeling construction estimated to cost three hundred fifty thousand dollars or more, completed on forms provided or sanctioned by the department.

10."New construction" means any construction that provides additional area to the current buildings or facilities and is estimated to cost more than one hundred fifty thousand dollars.

11."Project" means the building, facility, or improvement that would result from the construction.

12."Remodeling construction" means any construction that improves current buildings or facilities and is estimated to cost more than one hundred fifty thousand dollars.

13."Superintendent" means the North Dakota superintendent of public instruction.

14."Technical assistance" means counsel, advice, and involvement in the completion of the application and facility plan.

History

• History: Effective April 1, 1994; amended effective November 1, 2002; January 1, 2010; January 1,

N.D. Admin. Code 67-09-01-02 Construction must be approved by the superintendent of public instruction - Exception

A district may not undertake construction of any school building or facility estimated to cost more than one hundred fifty thousand dollars unless:

1.The construction is approved by the superintendent; or

2.The construction is required as part of a plan to correct deficiencies required under North Dakota Century Code section 15.1-06-09, approved by the state fire marshal, and the estimated cost does not exceed one hundred fifty thousand dollars.

January 1, 2016. 67-09-01-02.1. General requirements for approval.

The superintendent may not approve any new construction or remodeling construction unless the school district demonstrates:

1.The need for the project;

2.The educational utility of the project;

3.Potential use of the project by a future reorganized school district;

4.The capacity to pay for the project; and 5.a.Demonstrates student population has been stable or increased during the past five years and projects that student population will be stable or will increase during the ensuing five years, or

b.Demonstrates by clear and convincing evidence that despite declining enrollment, there are no feasible alternatives to the proposed project.

History

• History: Effective April 1, 1994; amended effective May 1, 1999; November 1, 2002; January 1, 2010;
• History: Effective November 1, 2002; amended effective January 1, 2010; January 1, 2016.

N.D. Admin. Code 67-09-01-03 Consultation with the department required

1.The district shall consult with the department at least forty-five days prior to the submission of an application if the construction is new construction, or remodeling construction estimated to cost three hundred fifty thousand dollars or more.

2.The department may waive the timelines in this section for emergency construction.

History

• History: Effective April 1, 1994; amended effective November 1, 2002; January 1, 2010; January 1,

N.D. Admin. Code 67-09-01-04 Preparing the application

The district shall obtain the appropriate application from the department. The district may request and shall receive and consider technical assistance provided by the department in preparing the application.

History

• History: Effective April 1, 1994; amended effective January 1, 2016.

N.D. Admin. Code 67-09-01-05 Facility plan required for certain construction

Repealed effective November 1, 2002. 67-09-01-05.1. Approval of remodeling construction costing less than three hundred fifty thousand dollars.

The superintendent may approve remodeling construction estimated to cost less than three hundred fifty thousand dollars if the district demonstrates:

1.The need for the remodeling construction by showing that the remodeling is required to address any of the following criteria:

a.Implementation of the life safety code;

b.Implementation of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101, et seq.];

c.Implementation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794];

d.Asbestos abatement or removal;

e.The part of the building or facility that is to be remodeled has exceeded its useful life;

f.The building or facility has been damaged as a result of fire, tornado, flood, or other act of God; or

g.Violations of fire, health, safety, and any other required state or federal standards will be corrected by the construction;

2.The remodeling construction will enhance or facilitate delivery of educational services in the district.

The superintendent may approve new construction or remodeling construction estimated to cost three hundred fifty thousand dollars or more, if the district meets the following requirements:

1.The district must submit a completed facility plan with the application for construction approval.

2.At the time of consultation with the department, the district shall complete and review its facility plan with the department. The district shall receive and consider technical assistance provided by the department in completing and reviewing the district's facility plan. If the district submitted an acceptable facility plan within the preceding three years. The superintendent may require the district to update or revise the plan.

3.The facility plan must include:

a.A description and preliminary diagrams of the proposed construction;

b.A description of programs to reduce energy costs and waste disposal costs;

c.Trend data on school or facility maintenance;

d.The estimated difference in operation costs as a result of construction completion; and

e.Any other information deemed advisable by the superintendent.

4.The facility plan must address the following factors, which relate to the need for the project, but may also relate to the other general requirements for approval as indicated in section 67-09-01-02.1:

a.A description of district schools and facilities;

b.Alternatives considered by the district and reasons for rejecting alternatives;

c.Evidence that demonstrates that, despite attempted cooperation or collaboration with area schools and other education agencies and political subdivisions, no form of cooperation with another entity will result in buildings or facilities that meet the needs of the students;

d.The need for buildings or facilities could not be met within the district or adjacent districts at a comparable cost by leasing, repairing, remodeling, or sharing existing buildings or facilities or by using temporary buildings or facilities;

e.Description of district programs and services and an assessment of improvements that will occur as a result of construction completion;

f.Violations of fire, health, safety, and any other required state or federal standards, which will be corrected by the construction;

g.The new construction or remodeling is required to address any of the following criteria:

(1)Implementation of the life safety code;

(2)Implementation of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101, et seq.];

(3)Implementation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794];

(4)Asbestos abatement or removal;

(5)The school:

(a)Demonstrates student population has been stable or increased during the past five years and projects that student population will be stable or will increase during the ensuing five years; or (b)Demonstrates by clear and convincing evidence that despite declining enrollment, there are no feasible alternatives to the proposed project.

(6)The building or facility, or part of the building or facility, has exceeded its useful life; or (7)The building or facility has been damaged or destroyed as a result of fire, tornado, flood, or other act of God; and

h.Any other information deemed advisable by the superintendent.

5.The facility plan must address the following factors, which relate to the educational utility of the project construction, but may also relate to the other general requirements for approval as indicated in section 67-09-01-02.1:

a.The building or facility will enhance or facilitate delivery of educational services in the district;

b.The building or facility meets or exceeds the size standards recommended by the department;

c.The proposed building or facility is comparable in size, cost, and quality to buildings or facilities recently constructed in other districts that have similar enrollment; and

d.Any other information deemed advisable by the superintendent.

6.The facility plan must address the following factors, which relate to the general requirements for approval as indicated in section 67-09-01-02.1:

a.Past, present, and projected enrollment data;

b.The economic and population bases of the communities to be served are likely to grow or to remain stable;

c.The building or facility will be in use for the life of the building or facility; and

d.Any other information deemed advisable by the superintendent.

7.The facility plan must address the following factors, which relate to the potential utilization of the project by a future reorganized school district, but may also relate to the other general requirements for approval as indicated in section 67-09-01-02.1:

a.The location of school sites in each surrounding school district, including surrounding districts' attendance numbers in elementary and high school, capacity of buildings, and distances from the applicant's district;

b.Geographic information regarding the area proposed to be served;

c.Appropriate efforts to determine how this building or facility fits into the learning needs of the area have been made;

d.Information regarding the potential utilization of the project by a future reorganized school district; and

e.Any other information deemed advisable by the superintendent.

8.The facility plan must address the following factors, which relate to the district's capacity to pay for the project, but may also relate to the other general requirements for approval as indicated in section 67-09-01-02.1:

a.The availability and manner of financing the construction has been thoroughly evaluated;

b.Trend data on general fund revenues, expenditures, and fund balances;

c.Trend data on tax levies;

d.Trend data on taxable valuation per student;

e.Current bonded indebtedness, debt retirement schedules, and total capital expenditures of the district;

f.Current sources of district revenue;

g.The operating budget of the district can satisfactorily meet the projected operating cost of the proposed building or facility; and

h.Any other information deemed advisable by the superintendent.

History

• History: Effective November 1, 2002; amended effective January 1, 2010; January 1, 2016. 67-09-01-05.2. Approval of new construction or remodeling construction costing three hundred fifty thousand dollars or more.
• History: Effective November 1, 2002; amended effective January 1, 2010; January 1, 2016.

N.D. Admin. Code 67-09-01-06 Submission of application

The district shall submit the application to the department, along with its approved facility plan, if necessary. If the superintendent determines the application or facility plan is not complete, the superintendent shall return the application and facility plan to the district for completion.

History

• History: Effective April 1, 1994; amended effective November 1, 2002.

N.D. Admin. Code 67-09-01-07 Demonstration of need and educational utility

Repealed effective November 1, 2002.

N.D. Admin. Code 67-09-01-08 Application acted on within forty-five days

Within forty-five days of receipt of the completed application, the superintendent shall issue a written decision either approving or disapproving the application and shall provide a written rationale for the decision. However, if the application seeks approval of emergency construction, the superintendent shall approve or disapprove the application within seven days of receipt, or as soon thereafter as is reasonably possible.

History

• History: Effective April 1, 1994; amended effective November 1, 2002; January 1, 2016.

N.D. Admin. Code 67-09-01-09 Appeal of disapproved application to board

1.If the superintendent disapproves the district's application, the district may appeal the superintendent's decision to the board by serving a written notice of appeal on the superintendent, with a statement of the reasons the application should be approved, within thirty days of the mailing of the notification of disapproval.

2.If the district includes new information in its written notice of appeal that was not considered by the superintendent when making the superintendent's decision, the matter shall be sent back to the superintendent for reconsideration. If the matter is sent back to the superintendent, the superintendent may request additional information from the district, and the timeline for initial consideration of an application shall apply.

3.Within sixty days of receipt of a written appeal request that does not include new information, the board shall review the application, the superintendent's written rationale for disapproval, and the district's statement of reasons the application should be approved, and determine whether the application should be approved. The board may ask questions of the school board and the school board's representatives, and the superintendent and the superintendent's representatives. The board's decision on the district's application is final.

History

• History: Effective April 1, 1994; amended effective November 1, 2002.

N.D. Admin. Code 67-09-01-10 Approval effective for three years - Change in approved plan

Construction approval received under this chapter is effective for three years from the date of approval. If the district has not commenced construction within the three-year period, the district must apply again for construction approval. If a district modifies an approved plan and the modification results in a cost of more than one hundred fifty thousand dollars in excess of the cost of the approved plan, or if the modification changes the purpose or stated function of the approved plan, the district shall again obtain the approval of the superintendent as provided by this chapter.

History

• History: Effective April 1, 1994; amended effective November 1, 2002; January 1, 2010; January 1,

N.D. Admin. Code 67-09-01-11 Submission of architectural plans

Repealed effective January 1, 2016.

Article 67-10 School Construction Loan Application and Loan Approval

Chapter 67-10-01 School Construction Loan Application and Loan Approval [Repealed]

N.D. Admin. Code 67-10-01 School Construction Loan Application and Loan Approval [Repealed]

ARTICLE 67-10

SCHOOL CONSTRUCTION LOAN APPLICATION AND LOAN APPROVAL

Chapter 67-10-01School Construction Loan Application and Loan Approval [Repealed] 67-10-02School Construction Loan Application and Loan Approval - Coal Development Trust Fund 67-10-03School Construction Loan Application and Loan Approval - School Construction Assistance Revolving Loan Fund

CHAPTER 67-10-01

SCHOOL CONSTRUCTION LOAN APPLICATION AND LOAN APPROVAL [Repealed effective January 1, 2018]

Chapter 67-10-02 School Construction Loan Application and Loan Approval - Coal Development Trust Fund

N.D. Admin. Code 67-10-02-01 Definitions

For purposes of this chapter:

1."Board" means the board of university and school lands.

2."Department" means the North Dakota department of public instruction.

3."District" means a North Dakota public school district.

4."Loan application" means the construction loan application provided by the department.

5."Project" means a building or facility that a school district is authorized to construct under North Dakota Century Code section 15.1-36-01.

6."Superintendent" means the North Dakota superintendent of public instruction.

History

• General Authority: NDCC 15.1-36-01, 15.1-36-02, 28-32-02
• Law Implemented: NDCC 15.1-36-01, 15.1-36-02

N.D. Admin. Code 67-10-02-02 Loan eligibility

To be eligible for a loan:

1.The project is approved by the superintendent under North Dakota Century Code section 15.1-36-01.

2.The district has submitted a complete application as required by the superintendent.

3.The district must demonstrate a need based on:

a.An unanticipated construction project;

b.An unanticipated replacement project; or

c.An emergency repair.

History

• General Authority: NDCC 15.1-36-01, 15.1-36-02, 28-32-02

N.D. Admin. Code 67-10-02-03 Application form

The district shall provide the following information to the superintendent on a form provided by the department:

1.Verification of existing indebtedness;

2.A discussion of alternative sources or methods for financing the unanticipated construction, unanticipated replacement, or emergency repair;

3.Past, current, and projected enrollment data;

4.Current bonded indebtedness, debt retirement schedules, and total capital expenditures of the district;

5.Current taxable valuation of the district;

6.Trend data of per-pupil taxable valuation of the district;

7.Current and projected operating expenses of the district;

8.Data on tax levies of the district; and

9.Other data as deemed necessary by the superintendent.

N.D. Admin. Code 67-10-02-04 Order of approval

Loan applications will be considered in the order of approval of construction projects under North Dakota Century Code section 15.1-36-01.

N.D. Admin. Code 67-10-02-05 Loan approval - Demonstration of need

To be approved for a loan under this chapter, the district must submit all information requested by the superintendent and submit the application provided by the superintendent.

In order to be approved for a loan under this section, the district must clearly demonstrate and provide narrative, documents, and/or other written evidence that the loan application is necessary to fund:

1.An unanticipated construction project;

2.An unanticipated replacement project; or

3.An emergency repair.

N.D. Admin. Code 67-10-02-06 Loan issuance

The superintendent shall submit approved loan applications to the board and the board shall issue a loan from the coal development trust fund in the order submitted by the superintendent and terms as provided in subsection 4 of North Dakota Century Code section 15.1-36-02.

1.Minimum loan is two hundred fifty thousand dollars; maximum loan is five million dollars.

2.Term of the loan is twenty years, or less if requested by the district.

3.Interest rate may not exceed two percent per year.

History

• History: Effective January 1, 2018; amended effective July 1, 2024.

Chapter 67-10-03 School Construction Loan Application and Loan Approval - School Construction Assistance Revolving Loan Fund

N.D. Admin. Code 67-10-03-01 Definitions

For purposes of this chapter:

1."Board" means the board of a North Dakota public school district.

2."District" means a North Dakota public school district.

3."Project" means a building or facility that a school district is authorized to construct under North Dakota Century Code section 15.1-36-01.

4."Superintendent" means the North Dakota superintendent of public instruction.

History

• History: Effective January 1, 2018.
• General Authority: NDCC 15.1-36-08, 28-32-02

N.D. Admin. Code 67-10-03-02 Loan eligibility

To be eligible for a loan a district must:

1.Obtain project approval from the superintendent pursuant to North Dakota Century Code

section 15.1-36-01.

2.Propose a project for new construction or remodel with a cost of at least one million dollars and expected utilization of at least thirty years.

3.Publish information in the official newspaper regarding additional millage and dollar increase per one thousand dollars of taxable valuation along with the:

a.Notice of election to authorize the school construction bond issuance; or

b.Initial resolution in accordance with subsection 7 of North Dakota Century Code section 21-03-07.

4.Post notice of the information on the district website.

5.Receive authorization for a bond issue under North Dakota Century Code chapter 21-03.

6.The board must submit a completed application to the Bank of North Dakota.

7.A district with a school construction loan secured on the open bond market may apply to refinance the loan when callable with the school construction assistance revolving loan fund.

History

• History: Effective January 1, 2018; amended effective July 1, 2024.
• General Authority: NDCC 15.1-36-01, 15.1-36-08, 21-03, 28-32-02

N.D. Admin. Code 67-10-03-03 Loan application and approval

The superintendent shall review loan applications on a prioritization system to include a review of all applications filed during the twelve-month period preceding April first.

For prioritization, consideration must be given to:

1.Student occupancy and academic needs.

2.Ages of existing structures to be replaced or remodeled.

3.Building design based on safety and vulnerability assessments.

a.A district must provide evidence of safety and vulnerability assessments conducted by the district.

b.Any other evidence provided by the district.

4.Community support.

5.Project cost.

6.Any other criteria required by the superintendent after consultation with an interim committee appointed by the legislative management.

History

• History: Effective January 1, 2018.
• General Authority: NDCC 15.1-36-01, 15.1-36-08, 28-32-02

N.D. Admin. Code 67-10-03-04 Loan issuance

Upon approval of the superintendent, the Bank of North Dakota shall issue a loan from the school construction assistance revolving loan fund.

1.The maximum loan is ten million dollars if the project is less than seventy-five million dollars.

The maximum loan is twenty million dollars if the project is seventy-five million dollars or more.

2.If the school district's unobligated general fund balance on the preceding June thirtieth exceeds limitations set in North Dakota Century Code section 15.1-27-35.3, the maximum loan may not exceed eighty percent of the project cost up to a maximum loan of eight million dollars if the project is less than seventy-five million dollars. If the project exceeds seventy-five million dollars the maximum loan may not exceed eighty percent of the project cost up to a maximum loan of sixteen million dollars.

3.The term of the loan is twenty years, or less at the request of the board.

4.The interest rate may not exceed two percent per year.

History

• History: Effective January 1, 2018; amended effective July 1, 2024; April 1, 2026.
• General Authority: NDCC 15.1-27-35.3, 15.1-36-01, 15.1-36-08, 28-32-02

Article 67-11 Education Professional Credentials

Chapter 67-11-01 Driver Education Instructor's Credential [Repealed]

N.D. Admin. Code 67-11-01 Driver Education Instructor's Credential [Repealed]

ARTICLE 67-11

EDUCATION PROFESSIONAL CREDENTIALS

Chapter 67-11-01Driver Education Instructor's Credential [Repealed] 67-11-02Elementary Principal's Credential [Repealed] 67-11-03Reading Credentials [Repealed] 67-11-03.1Reading and Mathematics Credentials [Repealed] 67-11-03.2Reading and Mathematics Credentials [Repealed] 67-11-03.3Title I Coordinator Credential [Repealed] 67-11-03.4Title I Coordinator Credential 67-11-03.5Reading and Mathematics Credentials 67-11-04Library Media Credential 67-11-05School Counselor Credentials 67-11-06Secondary Principal's Credential [Repealed] 67-11-07Superintendent's Credential 67-11-08Special Education Director's Credential 67-11-09Early Childhood Special Education Teacher Credential [Repealed] 67-11-10Emotional Disturbance Teacher Credential [Repealed] 67-11-11Gifted and Talented Teacher Credential [Repealed] 67-11-12Physical Disabilities Teacher Credential [Repealed] 67-11-13Specific Learning Disabilities Teacher Credential [Repealed] 67-11-14Certificate of Completion for Paraprofessionals 67-11-15School Psychology Intern Approval 67-11-16Special Education Strategist Credential [Repealed] 67-11-17Mental Retardation Teacher Credential [Repealed] 67-11-18Credential Requirement for Teachers of the Visually Impaired [Repealed] 67-11-19Credential Requirement for Teachers of Students Who Are Deaf or Hard of Hearing [Repealed] 67-11-20Certificate of Completion for Speech-Language Pathology Paraprofessionals 67-11-21Principal Credentials 67-11-22Computer Science and Cybersecurity Credentials 67-11-23Certificates of Completion for Special Education Technicians 67-11-24Certificates of Completion for School Health Technicians 67-11-25Credentials for Specialists Trained in Dyslexia

CHAPTER 67-11-01

DRIVER EDUCATION INSTRUCTOR'S CREDENTIAL [Repealed effective April 1, 2010]

Chapter 67-11-02 Elementary Principal's Credential [Repealed]

N.D. Admin. Code 67-11-02 Elementary Principal's Credential [Repealed]

CHAPTER 67-11-02

ELEMENTARY PRINCIPAL'S CREDENTIAL [Repealed effective July 1, 2019]

Chapter 67-11-03 Reading Credentials [Repealed]

N.D. Admin. Code 67-11-03 Reading Credentials [Repealed]

CHAPTER 67-11-03

READING CREDENTIALS [Repealed effective July 1, 2002]

Chapter 67-11-03.1 Reading and Mathematics Credentials [Repealed]

N.D. Admin. Code 67-11-03.1 Reading and Mathematics Credentials [Repealed]

CHAPTER 67-11-03.1

READING AND MATHEMATICS CREDENTIALS [Repealed effective June 30, 2006]

Chapter 67-11-03.2 Reading and Mathematics Credentials [Repealed]

N.D. Admin. Code 67-11-03.2 Reading and Mathematics Credentials [Repealed]

CHAPTER 67-11-03.2

READING AND MATHEMATICS CREDENTIALS [Repealed effective January 1, 2018]

Chapter 67-11-03.3 Title I Coordinator Credential [Repealed]

N.D. Admin. Code 67-11-03.3 Title I Coordinator Credential [Repealed]

CHAPTER 67-11-03.3

TITLE I COORDINATOR CREDENTIAL [Repealed effective January 1, 2018]

Chapter 67-11-03.4 Title I Coordinator Credential

N.D. Admin. Code 67-11-03.4 Title I Coordinator Credential

CHAPTER 67-11-03.4

TITLE I COORDINATOR CREDENTIAL

Section 67-11-03.4-01Requirements for a Title I Coordinator Credential 67-11-03.4-02Duties of Title I Coordinators 67-11-03.4-03Application for Title I Coordinator Credentials 67-11-03.4-04Renewal of Title I Coordinator Credentials 67-11-03.4-01. Requirements for a title I coordinator credential.

1.The department issues credentials for title I coordinators. A title I coordinator credential is issued to coincide with the period for which the individual is licensed to teach or approved to teach by the North Dakota education standards and practices board; however, an individual holding a lifetime educator's professional license shall renew the individual's credential every five years. A title I coordinator credential may be obtained to recognize the qualifications and duties of persons who coordinate title I programs but are not paid with title I funds. A title I coordinator credential is available for individuals paid to any extent with title I funds who assume duties as described in subsection 2.

2.To obtain a title I coordinator credential, a person must:

a.Hold a valid North Dakota educator's professional license;

b.Have a major or endorsement in elementary, middle school, or secondary education; and

c.Have one of the following:

(1)A master's degree in an educational field from a state-approved program; or (2)Hold an elementary, middle school, or secondary title I teacher's credential issued under this article and have a minimum of three years of title I teaching experience. 67-11-03.4-02. Duties of title I coordinators.

A title I coordinator performs the job duties of coordinating a districtwide or school title I program, including development of budgets, preparation of a consolidated title I application, training title I staff, submitting title I reports, planning and conducting parent and family engagement activities, facilitating professional development, conducting the annual evaluation of the program, and also may supervise one or more title I teachers. 67-11-03.4-03. Application for title I coordinator credentials.

An applicant for a title I coordinator credential must submit an online application. 67-11-03.4-04. Renewal of title I coordinator credentials.

1.A credential issued under this chapter is valid only while the credentialed individual holds a valid North Dakota educator's professional license.

2.An applicant for renewal of a title I coordinator credential who holds a valid five-year North Dakota educator's professional license or a life license shall:

a.Renew the credential prior to the expiration of the applicant's educator's professional license, or every five years if the applicant has a life license;

b.Submit an online application; and

c.Participate in department-sponsored title I trainings as evidenced by a certificate of attendance at four or more title I workshops since the date the current credential was issued.

3.An applicant for renewal of a title I coordinator credential who holds a valid two-year North Dakota educator's professional license shall:

a.Renew the credential prior to the expiration of the applicant's educator's professional license;

b.Submit an online application; and

c.Participate in department-sponsored title I trainings as evidenced by a certificate of attendance at two or more title I workshops since the date the current credential was issued.

Chapter 67-11-03.5 Reading and Mathematics Credentials

N.D. Admin. Code 67-11-03.5 Reading and Mathematics Credentials

CHAPTER 67-11-03.5

READING AND MATHEMATICS CREDENTIALS

Section 67-11-03.5-01Requirements for Title I Reading Credentials in Grades Kindergarten through Eight 67-11-03.5-02Requirements for Title I Mathematics Credentials in Grades Kindergarten through Eight 67-11-03.5-03Requirements for Title I Mathematics Credentials in Grades Five Through Twelve 67-11-03.5-04Requirements for Secondary Generalist Title I Teacher 67-11-03.5-05Application Process 67-11-03.5-06Renewals 67-11-03.5-07Use of Federal Rules and Policies 67-11-03.5-01. Requirements for title I reading credentials in grades kindergarten through eight.

A reading teacher, who works directly or indirectly with students who have failed to benefit from regular classroom instruction in reading in grades kindergarten through eight, may obtain a title I credential to teach reading. To obtain a title I reading credential to teach students in an elementary school setting, a teacher must:

1.Hold a valid North Dakota educator's professional license;

2.Have a major or endorsement in elementary education;

3.Have completed the required coursework from a state-approved institution of higher education, including:

a.Two semester hours in diagnosis and correction of reading disabilities which may not be from a workshop;

b.Two semester hours in clinical or laboratory practicum in reading which may not be from a workshop; and

c.Two semester hours in reading in the content areas which may be from a workshop; and

4.Complete a minimum of eight semester hours with a minimum of three courses from the areas on the following list. No more than two courses can come from the same area listed below to fulfill this requirement:

a.Early childhood;

b.Research and literature in reading or language arts;

c.Exceptional child;

d.Creative language activities, including poetry for children, storytelling, writing, and dramatics; or

e.Curriculum development.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-02. Requirements for title I mathematics credentials in grades kindergarten through eight.

A mathematics teacher who works directly or indirectly with students who have failed to benefit from regular classroom instruction in mathematics in grades kindergarten through eight may obtain a title I credential to teach mathematics. To obtain a title I mathematics credential to instruct students in grades kindergarten through eight, a teacher must:

1.Hold a valid North Dakota educator's professional license;

2.Have a major or endorsement in elementary education; and

3.Have completed a minimum of six semester hours in mathematics.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-03. Requirements for title I mathematics credentials in grades five through twelve.

A mathematics teacher who works directly or indirectly with students who have failed to benefit from regular classroom instruction in mathematics in grades five through twelve may obtain a title I credential to teach mathematics. To obtain a mathematics credential to instruct students in grades five through twelve a teacher must:

1.Hold a valid North Dakota educator's professional license; and

2.Have a major, minor, or major equivalency endorsement in mathematics at the secondary level.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-04. Requirements for secondary generalist title I teacher.

A teacher who instructs students in a secondary school setting in any content subject in which reading is a required skill may obtain a credential to instruct students. To obtain a credential to instruct students in a secondary school setting who have failed to benefit from regular classroom instruction in any content subject where reading is a required skill a teacher must:

1.Hold a bachelor's degree or endorsement in secondary education as prescribed by the education standards and practices board;

2.Hold a valid North Dakota educator's professional license in the area of English, social studies, or science; and

3.Complete a minimum of six semester hours of the required coursework, including a minimum of two semester hours in any three of the following course areas:

a.Foundations or survey of reading;

b.Reading in the secondary school;

c.Diagnosis and correction of reading disabilities;

d.Clinical or laboratory practicum in reading with secondary students;

e.Research and the literature in reading or language arts;

f.Exceptional child;

g.Curriculum development;

h.English education methods; or

i.Reading in the content areas.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-05. Application process.

An applicant for a credential or initial credential must submit to the title I office:

1.A completed online application; and

2.A copy of the applicant's official transcripts.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-06. Renewals.

A credential issued under this chapter is valid only while the credentialed individual holds a valid North Dakota educator's professional license. An applicant for renewal of a credential issued under this

chapter must:

1.Renew the credential prior to the expiration of the applicant's educator's professional license or every five years if the applicant has a life license;

2.Provide a copy of official transcripts;

3.Submit a completed online application; and

4.Complete continuing education requirements as follows:

a.Except when a first-time credential issued under this chapter will expire within twenty-four months of issuance of the new credential because the educator's professional license will expire, the applicant must complete four semester hours of graduate level credit before the expiration date of the applicant's credential.

(1)The credits must be in mathematics if the credential being renewed is for mathematics;

(2)The credits must be in reading if the credential being renewed is for reading;

(3)The credits must consist of two each in reading and mathematics if the applicant is renewing both a mathematics and reading credential; and (4)The credits must consist of education content-related courses if the credential being renewed is a secondary generalist title I teacher credential.

b.An applicant who holds a two-year educator's professional license must complete two semester hours of graduate level credit before the expiration date of the applicant's credential.

(1)The credits must be in mathematics if the credential being renewed is for mathematics;

(2)The credits must be in reading if the credential being renewed is for reading;

(3)The credits must consist of one each in reading and mathematics if the applicant is renewing both a mathematics and reading credential; and (4)The credits must consist of education-related courses if the credential being renewed is a secondary generalist title I teacher credential.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119 67-11-03.5-07. Use of federal rules and policies.

Unless otherwise specified in this chapter, eligibility to participate in the title I program is governed by federal regulations. The local program must conform to lawfully issued rules and policies relating to the title I program.

General Authority: NDCC 15.1-02-04, 15.1-02-11, 15.1-02-16, 28-32-02; Pub. L. 107-110, § 1119

Chapter 67-11-04 Library Media Credential

N.D. Admin. Code 67-11-04-01 Credentials required

For purposes of school accreditation, a school may employ as a librarian only a person who holds a library media credential as outlined in this chapter or who has been authorized by the North Dakota education standards and practices board in this specialty at a level the department determines meets or exceeds the requirements of this chapter and is consistent with the North Dakota teacher education program approval standards 2004 with 2006 revisions adopted by the education standards and practices board. An individual holding a library media credential issued under this chapter may serve students in prekindergarten through grade twelve.

January 1, 2010.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006;

N.D. Admin. Code 67-11-04-02 Issuing agency

The library media credential is issued by:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• History: Effective February 1, 2000; amended effective October 1, 2006.

N.D. Admin. Code 67-11-04-03 Approval for library media programs

Whenever this chapter refers to "state-approved program", it refers to the process by which the North Dakota education standards and practices board approves programs at those colleges within the state of North Dakota which provide library media preparation. Preparation from an out-of-state college must be from an approved program for library media in that state and meet or exceed North Dakota standards.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; October 1, 2006.

N.D. Admin. Code 67-11-04-04 Types of credentials

1.Beginning on April 1, 2021, the plan of study option to qualify for a library media credential is:

a.Issued to an individual licensed to teach or approved to teach by the North Dakota education standards and practices board;

b.Issued to an individual who is employed as a librarian in a school and who does not meet the qualifications for an LM01, LM02, or LM03 credential;

c.Issued to an individual who is enrolled in a state-approved course of study in school library preparation and has obtained a letter from a supervisor recommending the individual for a school library plan of study credential; and

d.Issued to an individual who submits a written plan of study for approval to become a credentialed librarian and who annually submits college transcripts showing a minimum of six semester hours of undergraduate or graduate credits in library media until the licensed teacher qualifies for the required credential.

2.Beginning on April 1, 2021, the librarian credential (LM03) is:

a.Issued to coincide with the period for which the individual is licensed to teach or however, an individual holding a lifetime educator's professional license must renew the credential every five years;

b.Issued to an individual who has completed a minimum of fifteen semester hours of undergraduate or graduate credits in library media, of which at least one course must come from a subdivision of each of subsections 1 through 5 of section 67-11-04-05.

3.Beginning on April 1, 2021, the library media specialist credential (LM02) is:

a.Issued to coincide with the period for which the individual is licensed to teach or however, an individual holding a lifetime educator's professional license must renew the credential every five years; and

b.Issued to an individual who has completed a minimum of twenty-four semester hours of undergraduate or graduate credits in library media, of which at least one course must come from a subdivision of each of subsections 1 through 5 of section 67-11-04-05.

4.Beginning on April 1, 2021, the library media director credential (LM01) is:

a.Issued to coincide with the period for which the individual is licensed to teach or however, an individual holding a lifetime educator's professional license must renew the credential every five years;

b.Issued to an individual who:

(1)Holds a master's degree in library media and information science; or (2)Holds a master's degree certifiable by the North Dakota education standards and practices board and meet all requirements of subsection 3 of this section.

5.If a credential issued under this chapter will expire within twelve months of issuance because the educator's professional license will expire within twelve months of the issuance of the credential, the credential will be issued for a period coinciding with the period of licensure of the succeeding educator's professional license.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; October 1, 2006; January 1, 2010; April 1, 2021.

N.D. Admin. Code 67-11-04-05 Credential standards

Coursework required for all library media credentials and the plan of study option identified in

section 67-11-04-04 must be taken from a state-approved library media program. The standards for library media credentials are:

1.The learner and learning, which includes:

a.Learner development;

b.Learner diversity;

c.Learning differences; and

d.Learning environments.

2.Planning for instruction, which includes:

a.Instructional strategies;

b.Integrating ethical use of information into instructional practice; and

c.Assessment.

3.Knowledge of application and content, which includes:

a.Reading engagement;

b.Information literacy; and

c.Technology-enabled learning.

4.Organization and access, which includes:

a.Access;

b.Information resources; and

c.Evidence-based decisionmaking.

5.Leadership, advocacy, and professional responsibility, which includes:

a.Professional learning;

b.Leadership and collaboration;

c.Advocacy; and

d.Ethical practice.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; October 1, 2006; January 1, 2010; April 1, 2021.

N.D. Admin. Code 67-11-04-06 Application process

An applicant must submit the following:

1.A completed online application; and

2.A copy of college transcripts showing coursework for the desired credential.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; October 1, 2006; April 1, 2021.

N.D. Admin. Code 67-11-04-07 Renewal requirements

All library media credentials are renewed by submitting the following:

1.A completed online application; and

2.A copy of college transcripts showing completion of two semester hours of graduate-level continuing education credit in library media and information science, computer science, cybersecurity, or other related content.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; October 1, 2006; April 1, 2021.

N.D. Admin. Code 67-11-04-08 Reconsideration

If issuance or renewal of any credential under this chapter is denied, the denial must be in writing and must state all reasons for denial and the applicant must be notified of the opportunity for reconsideration. If an application for issuance or renewal of any credential under this chapter is denied, the applicant may request a reconsideration of the decision. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of mailing of the denial. Late requests will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within three weeks after receiving a reconsideration request.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006.

Chapter 67-11-05 School Counselor Credentials

N.D. Admin. Code 67-11-05-01 School counselor credential

For purposes of school accreditation, a school may employ as a school counselor only a person who holds a school counselor credential or a provisional school counselor credential as outlined in this

chapter or who has been authorized by the education standards and practices board in that specialty at a level the department determines meets or exceeds the requirements of this chapter and is consistent with the North Dakota teacher education program approval standards 2004 with 2006 revisions adopted by the education standards and practices board.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; January 1,

N.D. Admin. Code 67-11-05-02 Issuing agency

The North Dakota school counselor credential issuing agency address is:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• History: Effective February 1, 2000; amended effective May 16, 2000.

N.D. Admin. Code 67-11-05-03 Approval for school counselor programs

Whenever this chapter refers to "state-approved program", it refers to the process by which the education standards and practices board in concert with the department of public instruction shall supervise a system of program approval at those colleges within the state of North Dakota which provide school counselor education programs. School counselor education programs from other states or private colleges which meet standards for program approval are listed in the manual on certification and preparation of education personnel in the United States and Canada published by the national association of state directors of teacher education and certification.

History

• History: Effective May 16, 2000; amended effective November 1, 2002; January 1, 2010.

N.D. Admin. Code 67-11-05-04 Types of credentials

1.Counselor designate credential CD16 will not be issued after June 30, 2010. Counselor designate credentials must be renewed each time the individual's educator's professional license is renewed. However, an individual who holds a lifetime North Dakota educator's professional license must renew the credential every five years.

2.An individual with a school counselor credential (SC03) will serve prekindergarten through grade twelve. Individuals holding previous school counselor credentials CG01, CG02, or CG03 will be redesignated as school counselor serving prekindergarten, kindergarten, elementary, and secondary students.

a.Each school counselor provisional credential (SCP3) is valid for one year, and is renewable for one-year terms for a maximum of seven years. Individuals approved by the education standards and practices board may be eligible for a school counselor provisional credential.

b.Each school counselor credential is valid only while the individual holds a North Dakota educator's professional license, or a professional school counseling restricted license. A credential must be renewed each time the individual's educator's professional license is renewed. However, an individual who holds a lifetime North Dakota educator's professional license must renew the credential every five years.

3.Plan of study option to qualify for counselor qualification points to satisfy accreditation requirements.

If a school is unable to employ a credentialed counselor, the school may employ a licensed teacher to serve as the counselor on a plan of study approved by the department of public instruction. A written plan of study, from a state-approved school counseling program, including course names, numbers, and credit hours, to become a credentialed counselor must be submitted to the department of public instruction and be approved. Upon written request, the department may authorize a change of the courses selected for a particular year in the written plan of study if the change will not result in fewer than five semester hours per year of core counseling coursework. To be considered for approval, a licensed teacher must have completed a minimum of three graduate classes that are part of the required curriculum for a master's degree in school counseling or its equivalent from a state-approved counseling program addressing the following content areas:

a.Counseling theory;

b.Counseling methods or techniques;

c.Program management; and

d.Ethics and law.

Once the written plan of study is approved, the licensed teacher must submit transcripts documenting completion of a minimum of five semester hours of graduate core counseling coursework, as listed in subsection 1 of section 67-11-05-05, each year until the teacher obtains the required credential.

4.To synchronize credentials issued under this chapter with the licensure period of the educator's professional license, any credential that will expire within twelve months of issuance, because the educator's professional license will expire within twelve months of the issuance of the new credential, will be issued for a period coinciding with the period of licensure of the succeeding educator's professional license.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; January 1, 2010; April 1, 2010.

N.D. Admin. Code 67-11-05-05 Credential standards

1.School counselor credential standards for the SC03 credential. The counselor must have a master's degree in counseling, education, or a related human service field and the following graduate core counseling coursework content from a state-approved school counseling program listed below:

a.Elementary school counseling;

b.Secondary school counseling;

c.Supervised school counseling internship consisting of a minimum of four hundred fifty contact hours of which at least one hundred fifty contact hours are at both the elementary and secondary level;

d.Counseling program management;

e.Counseling theories;

f.Assessment techniques;

g.Group counseling;

h.Career counseling and assessment;

i.Social and multicultural counseling;

j.Ethics and law; and

k.Counseling techniques.

2.Counselor designate credential standards CD16. The counselor designate must:

a.Hold an educator's professional license issued by the education standards and practices board in accordance with North Dakota Century Code sections 15.1-13-08 and 15.1-13-10 and North Dakota Administrative Code title 67.1; and

b.Have completed a minimum of sixteen semester hours of graduate core counseling courses from a state-approved school counseling program.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; January 1,

N.D. Admin. Code 67-11-05-06 Application process

An initial applicant must submit the following:

1.A completed application form, SFN 51622, provided by the department of public instruction;

2.A copy of college transcripts; and

3.Documentation from a counselor educator verifying the school counseling internship that details:

a.Grade levels and number of contact hours involved in the internship experience; and

b.The name and location of the school where the internship occurred.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; January 1,

N.D. Admin. Code 67-11-05-07 Renewal requirements

1.All school counselor credentials are renewed by submitting a copy of college transcripts documenting the completion of four semester hours of graduate coursework in education, of which two semester hours must be in the area of counseling. These two semester hours of required counseling coursework may be replaced by thirty clock-hours of continuing education hours in counseling with a signed verification of attendance or participation by the conference or workshop sponsor, the employer, or a school district business manager.

2.Renewals for the purpose of aligning the renewal dates of their credentials with their educator's professional licenses may be granted upon request of applicants. The number of semester hours needed for renewal will be calculated on a one semester hour per year basis.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002; January 1,

N.D. Admin. Code 67-11-05-08 Reconsideration

If issuance or renewal of the credential under this chapter is denied, the denial must be in writing and must state all reasons for denial. The applicant must be notified of the opportunity for reconsideration. If the credential under this chapter is denied, the applicant may request a reconsideration of the decision. A written request for reconsideration must be received by the superintendent of public instruction within three weeks of the date of mailing by the department of public instruction. Late requests will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction will issue a final written response on the reconsideration request within three weeks after receiving a complete reconsideration request.

History

• History: Effective February 1, 2000; amended effective May 16, 2000.

Chapter 67-11-06 Secondary Principal's Credential [Repealed]

N.D. Admin. Code 67-11-06 Secondary Principal's Credential [Repealed]

CHAPTER 67-11-06

SECONDARY PRINCIPAL'S CREDENTIAL [Repealed effective July 1, 2019]

Chapter 67-11-07 Superintendent's Credential

N.D. Admin. Code 67-11-07-01 Credentials required

For purposes of school accreditation, a school may employ as a superintendent only a person who holds a superintendent's provisional or professional credential issued by the department. The department may issue a credential under this chapter to an individual who has graduated from a program that meets the program standards approved by the department for superintendents as described in the North Dakota teacher education program approval standards 2000 with 2002 revisions adopted by the education standards and practices board effective August 1, 2002.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; November 18, 2002.

N.D. Admin. Code 67-11-07-02 Issuing agency

The North Dakota superintendent's credential issuing agency address is:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• History: Effective February 1, 2000.

N.D. Admin. Code 67-11-07-03 Types of credentials

1.The provisional credential is valid until the end of the second school year following the year in which the provisional credential is issued, is not renewable, and is:

a.Issued to an individual that does not meet the qualifications for a professional credential;

b.Issued as the initial credential; and

c.Issued to those who have a level I principal's credential but lack the coursework or the experience, or both, necessary for the professional credential as identified in section 67-11-07-05.

2.The professional credential is:

a.Issued to coincide with the period for which the individual is licensed to teach by the North Dakota education standards and practices board and may be renewed; however, an individual holding a lifetime educator's professional license must renew the individual's credential every five years; and

b.Issued upon satisfying standards identified in section 67-11-07-05.

3.The provisional credential and the professional credential are valid only if the individual holding the credential also holds a valid North Dakota educator's professional license to teach during the period for which the credential has been issued. If a professional credential issued under this chapter will expire within twelve months of issuance because the educator's professional license will expire within twelve months of issuance of the new professional credential, the professional credential will be issued for a period coinciding with the period of licensure of the succeeding educator's professional license.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002.

N.D. Admin. Code 67-11-07-04 Approval for educational administration programs

Whenever this chapter refers to "state-approved program", it refers to the process by which the education standards and practices board in concert with the department of public instruction shall supervise a system of program approval at those colleges within the state of North Dakota which provide educational administration programs. Educational administration programs from other state or private colleges which meet state standards for program approval are listed in the manual on certification and preparation of education personnel in the United States and Canada published by the national association of state directors of teacher education and certification.

History

• History: Effective February 1, 2000.

N.D. Admin. Code 67-11-07-05 Credential standards

The applicant must fulfill all the following standards to obtain a credential under this chapter. The applicant must:

1.Hold a valid North Dakota teaching license during the life of the credential, issued by the education standards and practices board in accordance with North Dakota Century Code sections 15.1-13-08 and 15.1-13-10 and North Dakota Administrative Code title 67.1;

2.Have at least three years of teaching experience, verified in a letter of recommendation by a supervisor or employer who has firsthand knowledge of the individual's professional work;

3.Have at least two years of administrative experience comprised of at least half time as an elementary or secondary principal, a central office administrator, or an administrator of an approved school with a twelve-year program. This experience is to be verified by a supervisor or employer who has firsthand knowledge of the individual's professional work; and

4.Have completed the requirements for the level I elementary or secondary principal credential and eight additional hours of coursework specific to the superintendency from the following content areas:

a.Field-based experience in the superintendency;

b.Seminar in the superintendency;

c.Advanced school law;

d.Advanced revenue, finance, and business management;

e.Facilities and facilities planning;

f.Policy, politics, and community relations; and

g.Personnel administration.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002.

N.D. Admin. Code 67-11-07-06 Application process

The application process to obtain a credential under this chapter is:

1.Provisional credential. The applicant must submit:

a.A completed SFN 51300 application form provided by the department of public instruction, including the applicant's name, social security number, date, address, telephone number, teaching license type and number, employment information, academic preparation, and references;

b.A copy of official transcripts;

c.A letter of verification for applicants attending a North Dakota college with an approved program, attesting to the completion of the academic standard required for the level of the credential requested. Applicants providing a copy of official transcripts from an approved college in another state will have the academic standard verification made by the department of public instruction; and

d.A letter of recommendation signed by a supervisor or employer who has firsthand knowledge of the individual's professional work, experience, and service.

2.Professional credential. The applicant must submit:

a.Verification of graduate coursework by presenting a copy of official transcripts. Also accepted is verification of successful course completion or documentation pending transcript. If transcripts do not arrive, the credential will be revoked;

b.A letter of recommendation signed by a supervisor or employer verifying years of experience in teaching and administration required in section 67-11-07-05; and

c.If the applicant has not previously submitted an application on SFN form 51300, a completed SFN 51300 application form provided by the department of public instruction, including the applicant's name, social security number, date, address, telephone number, teaching license type and number, employment information, academic preparation, and references.

History

• History: Effective February 1, 2000; amended effective May 16, 2000; November 1, 2002.

N.D. Admin. Code 67-11-07-07 Renewal requirements

The applicant for renewal of a credential issued under this chapter must fulfill one of the following:

1.Provide a copy of official transcripts showing satisfactory completion of at least eight semester hours of graduate work in education, of which four semester hours are in the area of educational administration; or

2.Provide a copy of official transcripts showing satisfactory completion of at least four semester hours of graduate work and verification of attendance or participation in at least six administrative educational conferences or workshops from the listing in this subsection. The verification must be a signed statement by the conference or workshop sponsors, the employer, or a school district business manager. Acceptable conferences or workshops are:

a.North Dakota association of school administrators state and area conferences or workshops;

b.American association of school administrators regional and national conferences or workshops;

c.North central association annual or regional conferences or workshops;

d.Department of public instruction conferences or workshops; and

e.North Dakota council of educational leaders conferences or workshops.

History

• History: Effective February 1, 2000; amended effective November 1, 2002.

N.D. Admin. Code 67-11-07-08 Reconsideration

If issuance or renewal of any credential under this chapter is denied, the denial must be in writing and must state all reasons for denial and notify the applicant of the opportunity for reconsideration. If an application for issuance or renewal of any credential under this chapter is denied, the applicant may request a reconsideration of the decision. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of the date of mailing by the department of public instruction. Late requests will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within three weeks after receiving a complete reconsideration request.

History

• History: Effective February 1, 2000; amended effective November 1, 2002.

Chapter 67-11-08 Special Education Director's Credential

N.D. Admin. Code 67-11-08-01 Credentials required

For purposes of school accreditation, a school may employ as a special education director only an individual who holds either the North Dakota special education director credential as outlined in this

chapter or who has been authorized by the education standards and practices board as a special education director at a level the department determines meets or exceeds the requirements of this

chapter and which is consistent with the North Dakota teacher education program approval standards 2000 with 2002 revisions adopted by the education standards and practices board on August 1, 2002.

History

• History: Effective February 1, 2000; amended effective November 18, 2002; July 1, 2003.

N.D. Admin. Code 67-11-08-02 Issuing agency

The North Dakota special education director's credential issuing agency address is:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• History: Effective February 1, 2000.

N.D. Admin. Code 67-11-08-03 Credential standards

Each applicant for a special education director's credential must meet the standards in this section.

The documentation on each standard must be verified within the department before any credential will be issued. An applicant must have:

1.A valid North Dakota educator's professional license issued by the education standards and practices board in accordance with North Dakota Century Code sections 15.1-13-10 and 15.1-13-23 and North Dakota Administrative Code title 67.1, based on a bachelor's degree with a certifiable major or minor or an endorsement;

2.A master's degree in special education or a related field from a state-approved program, but a master's degree in gifted and talented will not be accepted;

3.Basic preparation in one area of special education, excluding gifted and talented, which will entitle the applicant to the special education credential for North Dakota in that area;

4.An additional nine semester hours in more than one other area of special education, excluding gifted and talented;

5.Eight semester hours in school administration or a four-semester-hour internship in administration of special education and two semester hours in school administration. The eight semester hours in school administration must be chosen from courses in school law, administration of the public school, school finance, teacher personnel administration, or a seminar in administration;

6.At least two years of successful professional education employment experience in one area of special education, excluding gifted and talented; and

7.Written recommendations from two persons who supervised the applicant during the applicant's teaching experience.

History

• History: Effective February 1, 2000; amended effective July 1, 2003; July 1, 2006.
• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; Pub. L. 108-446, §612(a)(14)

N.D. Admin. Code 67-11-08-04 Types of credentials

The professional credential is issued and is valid for the same period as the educator's professional license.

N.D. Admin. Code 67-11-08-05 Application process

The application process to obtain a credential under this chapter is:

1.A special education director's credential application form provided by the department of public instruction must be submitted including the applicant's name, social security number, date, address, telephone number, educator's professional license number and expiration date, signature, employment information, academic preparation, references; and

2.A copy of official transcripts must be provided.

N.D. Admin. Code 67-11-08-06 Renewal requirements

To renew the credential, an individual must complete the requirements established by the North Dakota education standards and practices board relative to renewal of the North Dakota educator's professional license. The special education director's credential follows the expiration date established by the education standards and practices board. No further action is required on the part of the teacher to renew a special education credential.

N.D. Admin. Code 67-11-08-07 Notification of denial

If issuance or renewal of any credential is denied, the denial must be in writing and must state all reasons for denial. The written documentation must also include requirements for completion for issuance or renewal of a credential.

History

• History: Effective February 1, 2000.

N.D. Admin. Code 67-11-08-08 Effective dates

Repealed effective July 1, 2006.

Chapter 67-11-09 Early Childhood Special Education Teacher Credential [Repealed]

N.D. Admin. Code 67-11-09 Early Childhood Special Education Teacher Credential [Repealed]

CHAPTER 67-11-09

EARLY CHILDHOOD SPECIAL EDUCATION TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-10 Emotional Disturbance Teacher Credential [Repealed]

N.D. Admin. Code 67-11-10 Emotional Disturbance Teacher Credential [Repealed]

CHAPTER 67-11-10

EMOTIONAL DISTURBANCE TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-11 Gifted and Talented Teacher Credential [Repealed]

N.D. Admin. Code 67-11-11 Gifted and Talented Teacher Credential [Repealed]

CHAPTER 67-11-11

GIFTED AND TALENTED TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-12 Physical Disabilities Teacher Credential [Repealed]

N.D. Admin. Code 67-11-12 Physical Disabilities Teacher Credential [Repealed]

CHAPTER 67-11-12

PHYSICAL DISABILITIES TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-13 Specific Learning Disabilities Teacher Credential [Repealed]

N.D. Admin. Code 67-11-13 Specific Learning Disabilities Teacher Credential [Repealed]

CHAPTER 67-11-13

SPECIFIC LEARNING DISABILITIES TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-14 Certificate of Completion for Paraprofessionals

N.D. Admin. Code 67-11-14-01 Certificate of completion required

Paraprofessionals providing instructional support in a program supported with title I funds and paraprofessionals serving students with disabilities, except paraprofessionals providing services only in the speech-language pathology discipline, must hold the North Dakota certificate of completion for their respective discipline. Paraprofessionals providing instructional services in a program supported with title I funds must obtain the North Dakota certificate of completion immediately upon hire.

History

• History: Effective February 1, 2000; amended effective December 1, 2003; January 1, 2020.
• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-14-02 Issuing agency

The North Dakota paraprofessional certificate of completion is issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-14-03 Certificate of completion standards

To obtain a certificate of completion, a paraprofessional must submit a completed application form and:

1.Paraprofessionals providing instructional support to individuals with disabilities must demonstrate completion of twenty contact hours of inservice training conducted within one calendar year of employment in which the paraeducator assumes assigned duties. Areas of preparation include:

a.Student support concepts.

b.Human growth and development and the impact of disabilities.

c.Utilizing effective instructional strategies to serve students with disabilities in integrated settings.

d.Strengthening behavior.

2.Paraprofessionals providing instructional support in a program supported with title I funds must either:

a.Obtain a postsecondary degree of associate or higher;

b.Complete a minimum of two years of postsecondary education which is considered the equivalent of forty-eight semester hours; or

c.Achieve a passing score on a state-approved mathematics, reading, and writing assessment that evaluates at a level equivalent to the second year of college and includes assessment of:

(1)The knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or (2)The knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-14-04 Verification process - Exclusion

1.The local special education unit must have an approved comprehensive system of personnel development plan on file with the superintendent of public instruction detailing how requirements will be met. In order for the comprehensive system of personnel development plan to be approved, it must include:

a.The nature and content of the training.

b.The number of contact hours.

c.A description of local recordkeeping procedures used for verification of training.

2.Indication of completion of twenty hours of training by the paraeducator must be documented by a letter of verification signed by the person providing the training. The letter of verification must be on file in the special education administrative office for monitoring purposes.

3.The requirements of this section do not apply to speech-language pathology paraprofessionals or to paraprofessionals providing instructional support in a program supported with title I funds.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-14-05 Effective dates

Repealed effective January 1, 2020.

N.D. Admin. Code 67-11-14-06 Reconsideration

If an application for a certificate of completion is denied, the applicant will be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests will not be considered. The request for reconsideration must discuss:

1.The fact, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction will issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-14-07 Use of federal rules and policies

Unless otherwise specified in this chapter, applicable federal law and program regulations govern paraprofessionals.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

Chapter 67-11-15 School Psychology Intern Approval

N.D. Admin. Code 67-11-15-01 Licensure required

The school psychologist must hold a restricted North Dakota teaching license issued by the education standards and practices board with a master's degree in school psychology.

N.D. Admin. Code 67-11-15-02 Issuing agency

The North Dakota special education licensure in school psychology is issued by the education standards and practices board. A temporary letter of approval, based on the applicant having met certain requirements, may be issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-15-03 Letter of approval standards

The documentation of each standard must be verified by the department before any letter of approval is issued.

1.A school psychology intern who does not meet North Dakota requirements for a school psychology license may be granted an approval for the current school year, including the following summer, by meeting the conditions described in this section.

2.Approval will be granted for the current school year, including the following summer, only to personnel who have completed all coursework except for an internship or thesis, or both, or the equivalent. The special education unit that will provide the work setting must submit the following:

a.A recommendation of the advisor at an accredited school psychology training institution stating that the candidate is eligible for enrollment in the internship program;

b.An outline of remaining coursework with specified dates for completion, including completion of a thesis or equivalent if required for the advanced degree;

c.A transcript for the candidate, showing completion of all coursework;

d.The plan describing how the candidate will be supervised and verifying that the supervision is by a licensed psychologist who has a minimum of two years' school psychology experience or equivalent; and

e.A statement regarding the employer-employee status between the special education unit and the candidate. The requirement of the candidate's graduate training program must be consulted to determine whether persons receiving academic credit for their service may be paid by the school or agency for those services.

3.Psychology personnel who have been employed in an agency other than public schools must secure licensure or certification through the North Dakota board of psychological examiners.

4.Psychology personnel who have met the school psychology licensure requirements in another state and who wish to work as a school psychologist in North Dakota must secure licensure from the education standards and practices board.

N.D. Admin. Code 67-11-15-04 Application process

A school psychology intern application form provided by the department must be submitted for the letter of approval. Information must include the date and the applicant's name, social security number, address, telephone number, teaching certificate number and expiration date if available, recommendation of advisor, outline of remaining coursework, current transcript, plan of supervision, statement regarding the employer-employee status between the special education unit and the candidate, and signature.

N.D. Admin. Code 67-11-15-05 Renewal requirements

To renew the school psychology intern letter of approval, the school psychologist intern shall complete the requirements established by the North Dakota department of public instruction as stated in the remaining course of study and satisfactorily meet the supervision plan.

N.D. Admin. Code 67-11-15-06 Effective dates

The issuance of school psychology letter of approval through September 30, 1999, and from October 1, 1999, is as follows for issuing new letters of approval:

1.Through September 30, 1999, letters of approval may be issued based on both the previous standards identified in the guide I laws, policies and regulations for special education for exceptional children (1993) published by the department of public instruction or the new standards and procedures provided in this chapter.

2.Effective on February 1, 2000, all letters of approval will be issued based on the standards and procedures provided in this chapter.

Chapter 67-11-16 Special Education Strategist Credential [Repealed]

N.D. Admin. Code 67-11-16 Special Education Strategist Credential [Repealed]

CHAPTER 67-11-16

SPECIAL EDUCATION STRATEGIST CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-17 Mental Retardation Teacher Credential [Repealed]

N.D. Admin. Code 67-11-17 Mental Retardation Teacher Credential [Repealed]

CHAPTER 67-11-17

MENTAL RETARDATION TEACHER CREDENTIAL [Repealed effective January 1, 2020]

Chapter 67-11-18 Credential Requirement for Teachers of the Visually Impaired [Repealed]

N.D. Admin. Code 67-11-18 Credential Requirement for Teachers of the Visually Impaired [Repealed]

CHAPTER 67-11-18

CREDENTIAL REQUIREMENT FOR TEACHERS OF THE VISUALLY IMPAIRED [Repealed effective January 1, 2020]

Chapter 67-11-19 Credential Requirement for Teachers of Students Who are Deaf or Hard of Hearing [Repealed]

N.D. Admin. Code 67-11-19 Credential Requirement for Teachers of Students Who are Deaf or Hard of Hearing [Repealed]

CHAPTER 67-11-19

CREDENTIAL REQUIREMENT FOR TEACHERS OF STUDENTS WHO ARE DEAF OR

HARD OF HEARING [Repealed effective January 1, 2020]

Chapter 67-11-20 Certificate of Completion for Speech-Language Pathology Paraprofessionals

N.D. Admin. Code 67-11-20-01 Definitions

For purposes of this chapter:

1."Speech-language pathology paraprofessional" means an individual providing service as a paraprofessional who meets the requirements of this chapter and provides services authorized in this chapter in a school setting from early childhood through grade twelve.

2."Supervising speech-language pathologist" means an individual who:

a.Supervises no more than two speech-language pathology paraprofessionals;

b.Holds a current restricted educator's professional license for speech-language pathology at the master's degree level issued by the North Dakota education standards and practices board or holds a current speech-language pathology license issued by the North Dakota state board of examiners on audiology and speech-language pathology; and

c.Has a minimum of one year of full-time experience providing speech-language pathology services since receiving the individual's license.

History

• History: Effective December 1, 2003.
• General Authority: NDCC 15.1-02-11, 15.1-02-16, 15.1-32-02, 15.1-32-09, 43-37-03(4)
• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09, 43-37-03(4); 20 USC 1412(a)(15); 20 USC 6319(c)-(f); 34 CFR 200.58

N.D. Admin. Code 67-11-20-02 Certificate of completion required

Individuals providing speech-language pathology paraprofessional services in school settings from early childhood through grade twelve must hold the North Dakota certificate of completion for speech-language pathology paraprofessional or hold a current restricted educator's professional license for speech-language pathology at the master's degree level issued by the North Dakota education standards and practices board or a current speech-language pathology license issued by the North Dakota state board of examiners on audiology and speech-language pathology.

History

• General Authority: NDCC 15.1-02-11, 15.1-02-16, 15.1-32-02, 15.1-32-09, 43-37-03(4)
• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09, 43-37-03(4); 20 USC 1412(a)(15); 20 USC 6319(c)-(f); 34 CFR 200.58

N.D. Admin. Code 67-11-20-03 Issuing agency

The North Dakota certificate of completion for speech-language pathology paraprofessional is issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-20-04 Certificate of completion standards

To obtain a certificate of completion for speech-language pathology, an individual must submit a completed application form and qualify under one of the following levels:

1.Speech-language pathology paraprofessionals receiving a level 1 certificate must have one of the following:

a.An associate's degree which incorporates:

(1)Thirty hours of general college education including oral and written communication skills, mathematics, psychology, and the biological and health sciences;

(2)Thirty hours of college education in the area of speech-language pathology, including classes in anatomy, physiology of speech, language, swallowing and hearing mechanisms, communication development, introduction of clinical processes, and fundamentals of human behavior management; and (3)A minimum of one hundred clock-hours of fieldwork experience which is supervised by a qualified speech-language pathologist;

b.Currently hold a certification or licensure:

(1)As a speech-language pathology assistant issued by the American speechlanguage-hearing association; or (2)Equivalent to the requirements in subdivision a issued by another state.

2.Speech-language pathology paraprofessionals receiving a level 2 certificate must have one of the following:

a.A bachelor's degree in communication sciences and disorders or its equivalency. In addition, a transcribable practicum minimum of one hundred clock-hours of fieldwork experience that is supervised by a licensed speech-language pathologist; or

b.Currently hold a license from the North Dakota state board of examiners on audiology and speech-language pathology as a speech-language pathology licensed assistant or equivalent certification or licensure that meets the requirements of subdivision a issued by another state.

All speech-language pathology paraprofessional certificates that are valid on October 1, 2023, will be converted to a level 1 certificate. Individuals wishing to upgrade to a level 2 certificate must complete an application form as described in this section.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-20-05 Speech-language pathology paraprofessional services

1.Speech-language pathology paraprofessionals may only provide speech-language pathology paraprofessional services under the direct control of a supervising speech-language pathologist.

2.A level 1 speech-language pathology paraprofessional may:

a.Provide speech-language screenings, without interpretation, following specified screening protocols developed by the supervising speech-language pathologist;

b.Perform documented tasks developed by the supervising speech-language pathologist;

c.Document students' progress toward meeting objectives and report this information to the supervising speech-language pathologist; and

d.Prepare materials, perform scheduling, and maintain space or equipment.

3.A level 2 speech-language pathology paraprofessional may:

a.Provide all services that a level 1 speech-language pathology paraprofessional may provide, as described in subsection 2;

b.Assist the supervising speech-language pathologist with regulatory paperwork as directed.

4.A level 1 or 2 speech-language pathology paraprofessional may not:

a.Make independent decisions regarding changes on the student's individual program;

b.Perform standardized or nonstandardized diagnostic tests, formal or informal evaluations, or interpret test results;

c.Take referrals or dismiss students from a caseload;

d.Participate in conferences or other multidisciplinary team meetings without the presence of the supervising speech-language pathologist;

e.Disclose confidential information either orally or in writing to anyone not designated by the supervising speech-language pathologist;

f.Provide counseling to the student or family regarding a communication disorder;

g.Prepare or sign any formal documentation, including an individualized education program or an assessment plan as a supervising speech-language pathologist; or

h.Maintain the person's own caseload.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-20-06 Reconsideration

If an application for a certificate of completion for speech-language pathology paraprofessional is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

1.The fact, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction will issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

N.D. Admin. Code 67-11-20-07 Use of federal rules and policies

Unless otherwise specified in this chapter, applicable federal law and program regulations govern speech-language pathology paraprofessionals.

History

• History: Effective December 1, 2003.
• Law Implemented: NDCC 15.1-02-11, 15.1-32-02, 15.1-32-09; 20 USC 1412(a)(15); 20 USC

Chapter 67-11-21 Principal Credentials

N.D. Admin. Code 67-11-21-01 Definitions

For the purpose of this chapter:

1."Board" means the North Dakota education standards and practices board.

2."Department" means the North Dakota department of public instruction.

3."Elementary principal credential" means the credential that allows an individual to serve as a principal for any combination of grades kindergarten through eight.

4."Secondary principal credential" means the credential that allows an individual to serve as a principal for any combination of grades five through twelve.

5."Superintendent" means the North Dakota superintendent of public instruction.

N.D. Admin. Code 67-11-21-02 Credentials required

For purposes of school accreditation, a school may employ as an elementary principal only a person who holds an elementary principal's provisional or professional credential issued by the department. A school may employ as a secondary principal only a person who holds a secondary principal's provisional or professional credential issued by the department. The department may issue a credential under this chapter to an individual who has graduated from a program that meets the program standards approved by the department for elementary and secondary school principals as described in the North Dakota teacher education program approval standards 2000 with 2002 revisions adopted by the board effective August 1, 2002.

N.D. Admin. Code 67-11-21-03 Issuing agency

The North Dakota principal's credential issuing agency address is:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-21-04 Types of credentials

1.A provisional credential is:

a.Issued to an individual who does not meet the qualifications for a level I professional credential;

b.Issued as the initial credential and is valid until the end of the third school year following the year in which the provisional credential is issued and can be renewed one time for two additional school years;

c.Issued upon satisfying the following requirements:

(1)Hold a valid teaching license issued by the board.

(2)Have a minimum of three years documented successful teaching experience, as defined by subdivision e (elementary) or subdivision f (secondary) of subsection 2 of

section 67-11-21-06.

(3)Demonstrate leadership competency in an educational setting.

(4)During the provisional credential application process, submit three letters of recommendation, one from a supervisor, and two from other professionals in the field, who have knowledge of the applicant's qualifications which must contain:

(a)Verification of three years documented successful teaching experience; and (b)Demonstrated leadership competency.

(5)Provide evidence of acceptance into an educational leadership program at an accredited higher educational institution.

(6)Applicants receiving the provisional credential who are employed as a principal are required to enroll and participate in a formal peer-to-peer principal mentoring program for a minimum of two years upon their successful hiring as a principal.

d.Renewal of the provisional credential.

(1)The provisional credential may be renewed one time for a period of two years by meeting the following requirements:

(a)Submit transcripts documenting progress in enrolled educational leadership program towards master's degree, minimum of twenty credits that are included in the master's degree plan of study.

(b)Show evidence of participation in principal mentoring program, if employed as a principal.

(2)An individual issued an initial two-year provisional principal credential between July 1, 2017, and July 1, 2019, may renew that provisional credential for two more years, provided the individual meets the requirements set forth in paragraph 1. The individual must agree to participate in two years of a formal peer-to-peer principal mentoring program if the individual has not already completed one.

e.Upon the expiration of the two-year renewal of the provisional credential, the applicant either must qualify for and attain the level I principal credential or the individual is no longer eligible to serve as a principal.

2.A level II professional credential is:

a.Not issued to new applicants after July 1, 2019.

b.Issued to coincide with the period for which the individual is licensed to teach by the board; however, an individual holding a lifetime educator's professional license must renew the individual's credential every five years;

c.Renewal of the level II professional credential is available only for principals serving schools in the enrollment category one hundred or fewer students; and

d.Issued upon satisfying standards identified in subsections 1, 2, and 3 of section 67-11-21-06.

3.A level I professional credential is:

a.Issued to coincide with the period for which the individual is licensed to teach by the board and may be renewed at the end of that period; however, an individual holding a lifetime educator's professional license must renew the individual's credential every five years; and

b.Issued upon satisfying credential standards identified in subsections 1, 2, and 4 of

section 67-11-21-06.

4.The provisional credential, the level II professional credential, and the level I professional credential are valid only if the individual holding the credential also holds a valid North Dakota educator's professional license to teach during the period for which the credential has been issued. An elementary principal credential is valid only if the individual is licensed to teach at the elementary level, and a secondary credential is valid only if the individual is licensed to teach at the secondary level.

5.If a level I professional credential issued under this chapter will expire within twelve months of issuance because the educator's professional license will expire within twelve months of the issuance of the new level I professional credential, the level I professional credential will be issued for a period coinciding with the period of licensure of the succeeding educator's professional license.

N.D. Admin. Code 67-11-21-05 Approval for educational administration programs

Whenever this chapter refers to "state-approved program", it refers to the process by which the board in concert with the department supervises a system of program approval at those colleges within the state of North Dakota which provide educational administration programs. Educational administration programs from other state or private colleges which meet state standards for program approval are listed in the manual on certification and preparation of education personnel in the United States and Canada published by the national association of state directors of teacher education and certification.

N.D. Admin. Code 67-11-21-06 Principal credential standards

The documentation on each standard must be verified within the department before any credential will be issued.

1.An applicant must hold a valid North Dakota educator's professional license issued by the board in accordance with North Dakota Century Code sections 15.1-13-08 and 15.1-13-10 and North Dakota Administrative Code title 67.1.

2.An applicant must have at least three years of teaching or administrative experience or a combination thereof:

a.Equal to full-time equivalency as stated in North Dakota Century Code section 15.1-06-04.

b.Positions must have been stated on a professional contract.

c.Teaching is defined as being assigned as a regular classroom teacher, music teacher, art teacher, counselor, physical education teacher, basic skills or remedial reading teacher, special education teacher, or library media specialist, or any combination of these assignments.

d.Administrative experience is defined as being assigned the duties of principal that includes any combination of an approved school or as a superintendent or central office administrator of an approved kindergarten through grade twelve school.

e.Applicants for the elementary principal credential must fulfill the requirements of this subsection in any combination of grades kindergarten through eight.

f.Applicants for the secondary principal credential must fulfill the requirements of this subsection in any combination of grades five through twelve.

3.The level II credential requires twenty semester hours of graduate credit taken in a master's degree program from a state-approved program in educational administration. Course preparation for the credential is as follows:

a.Leadership, planning, and organizational behavior in education.

b.Educational law and organizational structure of education.

c.Personnel, supervision, and staff development.

d.Curriculum, instruction, and learning theory.

e.Policy and educational finance.

f.Administration of the secondary school.

g.Secondary school curriculum.

4.The level I credential requires one of the following:

a.A master's degree in educational administration from a state-approved program. Course preparation for the credential must be aligned to the standards listed below:

(1)Mission, vision, and improvement.

(2)Ethics and professional norms.

(3)Equity, inclusiveness, and cultural responsiveness.

(4)Learning and instruction.

(5)Community and external leadership.

(6)Operations and management.

(7)Building professional capacity.

(8)Internship. The internship standard must be specific to the grade level of the credential being applied for. The internship for the elementary credential is specific to the elementary school and must be completed through a field experience in grades kindergarten through eight. The internship for the secondary credential is specific to the secondary school and must be completed through a field experience in grades five through twelve. These field experiences must take place under the supervision of the university through which the individual's program is being completed. Individuals interested in obtaining the kindergarten through grade twelve principal credential must complete a separate field experience at both the elementary and secondary level.

b.A master's degree with a major certifiable by the board in addition to twenty semester hours of credit from a state-approved program that includes courses specific to all standards listed in subdivision a.

N.D. Admin. Code 67-11-21-07 Kindergarten through grade twelve principal credential

A kindergarten through grade twelve principal credential may be issued to any individual who meets the requirements of both the elementary principal credential and the secondary principal credential.

Individuals who hold this credential may serve as a principal for any combination of kindergarten through grade twelve.

N.D. Admin. Code 67-11-21-08 Application process

The application process to obtain a credential under this chapter requires submission of:

1.A completed application, including the applicant's name, social security number, date, address, telephone number, educator's professional license type and number, employment information, academic preparation, and references;

2.A copy of official transcripts;

3.A letter of verification must be provided for applicants attending a North Dakota college with an approved educational leadership program, attesting to the completion of the academic standard required for the level of the credential requested. Applicants providing a copy of official transcripts from an approved college in another state must have the academic standard verification made by the department; and

4.Three letters of recommendation must be provided, one from a supervisor, and two from other professionals in the field, who have first-hand knowledge of the individual's professional work, experience, and service.

N.D. Admin. Code 67-11-21-09 Renewal requirements

To renew the level I and level II professional credentials, an individual shall submit one of the following:

1.A copy of official transcripts of eight semester hours of graduate work in education acquired after the date of the original credentialing or last renewal, of which four semester hours are in the area of educational administration; or

2.A copy of official transcripts of six semester hours of graduate work in education acquired after the date of the original credentialing or last renewal and verification of attendance or participation in at least six educational conferences or workshops from the listing in this subsection. The verification must be a signed statement by the conference or workshop sponsors, employer, or a school district business manager. Acceptable conferences or workshops are:

a.North Dakota association of elementary school principals state and area conferences or

b.National association of elementary school principals regional and national conferences or

c.North Dakota association of secondary school principals state and area conferences or

d.National association of secondary school principals regional and national conferences or

e.North Dakota council of educational leaders state and area conferences or workshops;

f.American association of school administrators regional and national conferences or

g.North Dakota association of school administrators state and area conferences or

h.Accreditation annual or regional conferences or workshops;

i.Department of public instruction conferences or workshops;

j.North Dakota united sponsored state and area conferences or workshops;

k.North Dakota school boards association sponsored state and area conferences or

l.Other educational workshops approved by the superintendent.

N.D. Admin. Code 67-11-21-10 Reconsideration

If issuance or renewal of any credential under this chapter is denied, the denial must be in writing and must state all reasons for denial and the applicant must be notified of the opportunity for reconsideration. If an application for issuance or renewal of any credential under this chapter is denied, the applicant may request a reconsideration of the decision. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of the date of mailing by the department of public instruction. Late requests may not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis. The superintendent of public instruction shall issue a final written response on the reconsideration request within three weeks after receiving a complete reconsideration request.

Chapter 67-11-22 Computer Science and Cybersecurity Credentials

N.D. Admin. Code 67-11-22-01 Definitions

For the purpose of this chapter:

1."Board" means the education standards and practices board.

2."Computer science and cybersecurity credential" means the credential that allows an individual to teach the content of computer science and cybersecurity education in grades kindergarten through twelve.

3."Department" means the department of public instruction.

4."Superintendent" means the superintendent of public instruction.

N.D. Admin. Code 67-11-22-02 Issuing agency

The North Dakota computer science and cybersecurity credential issuing agency address is:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Department 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-22-03 Types of credentials

1.A level I credential:

(a)Complete two hundred or more hours of documented computer science or cybersecurity training as approved by the department;

(b)Obtain fifteen or more credits in computer science or cybersecurity as approved by the department; or (c)Demonstrate computer science or cybersecurity competencies through obtaining three stacks of department-approved microcredentials.

b.Allows the recipient to teach any computer science or cybersecurity-related course, including advanced courses, at any grade level corresponding with the recipient's teaching license.

2.A level II credential:

(a)Complete forty or more hours documented computer science or cybersecurity training as approved by the department;

(b)Obtain six or more credits in computer science or cybersecurity as approved by the department; or (c)Demonstrate computer science or cybersecurity competencies through obtaining one stack of department-approved microcredentials.

b.Allows the recipient to teach introductory and intermediate-level computer science or cybersecurity-related courses, as determined by the department, at any grade level corresponding with the recipient's teaching license.

3.A level III credential:

(a)Complete fifteen or more hours documented computer science or cybersecurity training as approved by the department; or (b)Demonstrate computer science or cybersecurity competencies through obtaining three or more stacks of department-approved microcredentials.

b.Allows the recipient to teach integrated computer science or cybersecurity-related instruction in other contents at any grade level corresponding with the recipient's teaching license. The recipient also may teach computer science or cybersecurity-related courses in grades kindergarten through grade eight as applicable to the recipient's teaching license.

N.D. Admin. Code 67-11-22-04 Computer science and cybersecurity credential standards

Trainings, credits, or microcredentials as approved by the department must align to content standards in the following areas:

1.Computational thinking, problem solving, and algorithms;

2.Digital citizenship and cybersecurity;

3.Technology systems hardware and software;

4.Information literacy and data use; and

5.Impacts of computing.

N.D. Admin. Code 67-11-22-05 Application process

The application process to obtain a credential under this chapter requires submission of:

1.A completed application including the applicant's name, social security number, date, address, telephone number, educator's professional license type and number, current employment information if applicable, academic preparation, and references; and

2.A copy of official transcripts or other documentation as needed.

N.D. Admin. Code 67-11-22-06 Credential renewal

Recipients of the level I, level II, and level III computer science and cybersecurity credentials must maintain a current teaching license for the credential to be valid. Documentation of thirty hours of applicable training, two credits, or two microcredentials or a combination of training, credits, or microcredentials is required every five years for renewal of the computer science and cybersecurity credential.

N.D. Admin. Code 67-11-22-07 Reconsideration

If issuance or renewal of any credential under this chapter is denied, the denial must be in writing and must state all reasons for denial and the applicant must be notified of the opportunity for reconsideration. If an application for issuance or renewal of any credential under this chapter is denied, the applicant may request a reconsideration of the decision. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of the date of mailing by the department of public instruction. Late requests will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis. The superintendent of public instruction shall issue a final written response on the reconsideration request within three weeks after receiving a complete reconsideration request.

Chapter 67-11-23 Certificates of Completion for Special Education Technicians

N.D. Admin. Code 67-11-23-01 Definitions

For the purposes of this chapter:

1."Special education technician" means an individual providing services as a technician who meets the requirements of this chapter and provides services authorized in this chapter in an educational setting.

2."Supervising special education teacher" means an individual who:

a.Holds a current educator's professional license issued by the education standards and practices board; and

b.Has a minimum of two years experience providing special education services since receiving the individual's license.

N.D. Admin. Code 67-11-23-02 Certificate of completion required

Individuals providing special education technician services in educational settings must hold the certificate of completion for special education or hold a current educator's professional license for special education issued by the education standards and practices board.

N.D. Admin. Code 67-11-23-03 Issuing agency

The certificate of completion for the special education technician is issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Department 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-23-04 Certificate of completion standards

To obtain a certificate of completion as a special education technician, an individual must submit a completed application form and have completed:

1.Forty semester hours of college education or an equivalent under North Dakota Century Code

section 15.1-13-10 in the area of special education that aligns with the council for exceptional children preparation standards for paraeducators, including learner development and individual differences, legal/ethical practices, behavior management, curricular content knowledge, assessment, instructional planning and strategies, and collaboration; and

2.A two-credit transcribable practicum minimum of one hundred clock-hours of fieldwork experience that is supervised by a licensed special education teacher.

N.D. Admin. Code 67-11-23-05 Special education technician services

1.A special education technician may:

a.Conduct academic and behavioral screenings following specified screening protocols developed by the supervising special education teacher;

b.Perform documented tasks developed by the supervising special education teacher;

c.Document student progress toward meeting goals and objectives and report this information to the supervising special education teacher;

d.Assist the supervising special education teacher with regulatory paperwork as directed;

e.Participate in multidisciplinary team meetings with a special education teacher or a special education provider;

f.Prepare materials, assist with scheduling, and maintain space or equipment; and

g.Complete other duties as assigned by the supervising special education teacher in consultation with the local administrator.

2.A special education technician may not:

a.Make independent decisions regarding changes to a student's individualized education program;

b.Conduct and interpret evaluations consisting of:

(1)Standardized or nonstandardized diagnostic tests; or (2)Formal assessments unless otherwise qualified to do so; or

c.Disclose confidential information orally or in writing unless authorized by the supervising special education teacher.

History

• Law Implemented: NDCC 15.1-02-16; 20 U.S.C. 1412(a)(14); 34 CFR 200.58

N.D. Admin. Code 67-11-23-06 Reconsideration

If an application for a special education technician certificate of completion is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

1.The fact, law, or rule the applicant believes was interpreted or applied erroneously ; and

2.The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days.

N.D. Admin. Code 67-11-23-07 Use of federal rules and policies

Unless otherwise specified in this chapter, applicable federal law and program regulations govern special education technicians.

History

• Law Implemented: NDCC 15.1-02-16; 20 U.S.C. 1412(a)(14); 34 CFR 200.58

Chapter 67-11-24 Certificates of Completion for School Health Technicians

N.D. Admin. Code 67-11-24-01 Definition

For purposes of this chapter, "school health technician" means an individual who has demonstrated an understanding of common school health needs and can respond appropriately and efficiently in a school setting and determine when referrals are needed.

N.D. Admin. Code 67-11-24-02 Certificate of completion required

Individuals providing services as a school health technician in educational settings shall hold the North Dakota certificate of completion for school health technicians.

N.D. Admin. Code 67-11-24-03 Issuing agency

The North Dakota certificate of completion for a school health technician is issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-24-04 Certificate of completion standards

To obtain a North Dakota certificate of completion as a school health technician, an individual shall submit a completed application, using the online format if available, and have completed the following training approved by the department of public instruction and the North Dakota department of health and human services:

1.Successful completion of first aid, cardiopulmonary resuscitation, and automated external defibrillator training;

2.Successful completion of a medication administration course taught by a registered nurse; and

3.Successful completion of online training as may be adopted by the department of public instruction and the North Dakota department of health and human services which may be based on school health guidelines, emergency guidelines, and disease control guidelines.

N.D. Admin. Code 67-11-24-05 School health technician services

1.While working in the role of a school health technician, an individual may perform the duties outlined in the required training.

2.While working in the role of a school health technician, an individual shall comply with all Health Insurance Portability and Accountability Act and Family Educational Rights and Privacy Act regulations.

3.While working in the role of a school health technician, the individual may not:

a.Perform the duties of a school nurse, as set forth in North Dakota Century Code chapter 43-12.1; or

b.Perform the duties of an unlicensed assistive person, as set forth in North Dakota Century Code chapter 43-12.1.

N.D. Admin. Code 67-11-24-06 Renewal

The certificate of completion for the school health technician must be renewed every two years. In order to renew the certificate, an individual shall complete the following renewal-level training approved by the department of public instruction and the North Dakota department of health and human services:

1.Shall possess current certification in first aid, cardiopulmonary resuscitation, and automated external defibrillator training;

2.Successful completion of a medication administration course taught by a registered nurse; and

3.Successful completion of online training as may be adopted by the department of public instruction and the North Dakota department of health and human services and may be based on school health guidelines, emergency guidelines, and disease control guidelines.

N.D. Admin. Code 67-11-24-07 Reconsideration

1.If an application for a school health technician certificate of completion is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

a.The fact, law, or rule the applicant believes was erroneously interpreted or applied; and

b.The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

2.The superintendent of public instruction shall issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days.

Chapter 67-11-25 Credentials for Specialists Trained in Dyslexia

N.D. Admin. Code 67-11-25-01 Issuing agency

The North Dakota credential for specialists trained in dyslexia is issued by the:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

N.D. Admin. Code 67-11-25-02 Pathways to support

A school district or nonpublic school may choose to employ an individual that holds the credential for specialists trained in dyslexia according to the rules of this chapter to work in schools with children with dyslexia.

N.D. Admin. Code 67-11-25-03 Definitions

A "specialist trained in dyslexia" is an individual with the coursework and competencies listed in

section 67-11-25-04.

N.D. Admin. Code 67-11-25-04 Requirements for specialist trained in dyslexia credential

1.To obtain a credential for a specialist trained in dyslexia to teach students in a school setting, an educator must hold a valid North Dakota educator's professional license issued by the education standards and practices board.

2.The individual must have completed the required coursework from a state-approved institution of higher education. This coursework must include:

a.Introduction to dyslexia;

b.Assessment for students with dyslexia;

c.Interventions for students with dyslexia; and

d.A minimum of three semester hours of practicum experience related to dyslexia assessment and interventions.

3.An individual is exempted from subsection 2 if the individual has completed certification approved by the international dyslexia association or the center for effective reading instruction. The certification must include a practicum experience of a minimum of three credits or forty-five clock-hours and be equivalent to that required in subsection 2.

N.D. Admin. Code 67-11-25-05 Application process

The application process to obtain a credential under this chapter must consist of:

1.The completion of an online application; and

2.The submission of official transcripts and other documentation as needed.

N.D. Admin. Code 67-11-25-06 Credential renewal

A credential issued under this chapter is valid only while the credentialed individual holds a valid North Dakota educator's professional license. An applicant for renewal of a credential issued under this

chapter shall:

1.Renew the credential before the expiration of the applicant's license, or every five years if the applicant has a lifetime license or certification.

2.Complete continuing education requirements towards renewal of the credential as follows:

a.The applicant shall complete two semester hours of credit before the expiration date of the applicant's credential, unless the individual's license will expire as described in subdivision b or c.

b.An applicant who holds a two-year educator's professional license shall complete one semester hour of credit before the expiration date of the applicant's credential.

c.If the applicant's teaching license expires within twenty-four months of the issuance of a first-time credential issued under this chapter, then no additional credit hours are required.

d.Credits earned to fulfill the requirements of subdivisions a or b must be related to language-based reading disorders or dyslexia.

N.D. Admin. Code 67-11-25-07 Reconsideration

If an application for a credential for specialists trained in dyslexia is denied, the applicant must be notified of the opportunity for reconsideration. Upon receipt of a written denial, the applicant may request a reconsideration of the denial. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within twenty-one days of the date the denial was mailed to the applicant by the superintendent of public instruction. Untimely requests may not be considered. The request for reconsideration must discuss:

1.The fact, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the fact, law, or rule should have been applied, giving specific reasons and a thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within twenty-one days after receiving a complete and timely reconsideration request. If the superintendent's written response denies the reconsideration request, the superintendent's written response must notify the applicant of the applicant's right to a hearing conducted pursuant to North Dakota Century Code chapter 28-32. The applicant shall request the hearing within thirty days after receiving the superintendent's written response to the reconsideration request.

Article 67-12 Standards for Schoolbuses

Chapter 67-12-01 Standards for Schoolbuses

N.D. Admin. Code 67-12-01-01 Minimum standards required

Except as specifically provided in this chapter, all public schoolbuses operated in North Dakota must meet the minimum body and chassis standards established or referenced in this chapter. A school may use a multifunction school activity bus as defined by the national highway traffic safety administration ruling 34-03 for purposes that do not include transportation between home and school for students from kindergarten through grade twelve.

History

• History: Effective May 1, 1999; amended effective July 1, 2003; December 1, 2003; April 1, 2021.

N.D. Admin. Code 67-12-01-02 National standards adopted

Except as provided in section 67-12-01-03, the body and chassis standards identified in the federal motor vehicle safety standards for schoolbuses, 49 CFR part 571 [as revised through October 1, 2011], are hereby adopted for schoolbuses in this state.

History

• History: Effective May 1, 1999; amended effective July 1, 2003; July 1, 2006; April 1, 2021.

N.D. Admin. Code 67-12-01-03 Additional standards

1.If the body and chassis standards identified in the 2025 revised edition of the national minimum standards for schoolbus construction, as developed by the seventeenth national conference on school transportation, May 4-7, 2025, exceed or are in addition to the federal motor vehicle safety standards for schoolbuses, the national minimum standards for schoolbus construction apply and are hereby adopted by reference.

2.All schoolbuses purchased after September 1, 2006, may not include interior overhead racks unless the rack:

a.Meets head requirements of FMVSS no. 222 effective on July 1, 2002, when applicable;

b.Has a maximum rated capacity displayed for each compartment;

c.Is completely enclosed and equipped with latching doors which must be sufficient to withstand a force of five times the maximum rated capacity of the compartment;

d.Has all corners and edges rounded with a minimum radius of one inch [25.4 millimeters] or padded equivalent to door header padding;

e.Is attached to the bus sufficiently to withstand a force equal to twenty times the maximum rated capacity of the compartment; and

f.Has no protrusions greater than one-fourth of one inch [6.35 millimeters].

History

• History: Effective May 1, 1999; amended effective July 1, 2003; July 1, 2006; April 1, 2021; April 1, 2026.

N.D. Admin. Code 67-12-01-04 Effective date

These specifications apply to bus chassis and bodies manufactured after January 1, 2000.

History

• History: Effective May 1, 1999.

N.D. Admin. Code 67-12-01-05 Investigation and enforcement

If the department of public instruction has reason to believe that a school district is operating a bus which does not conform to the standards established by this chapter, the department shall request that the North Dakota highway patrol investigate and report its findings to the department. If the findings indicate noncompliance, the department of public instruction shall notify the school district accordingly and order that the vehicle not be operated until it is in compliance. The department shall also notify the school district of its opportunity to request a review and reconsideration of the decision if such request is made in writing within two weeks of the date of mailing by the department of public instruction. The reconsideration request must state the following:

1.The facts, law, or rule which the school district believes was erroneously interpreted or applied; and

2.The school district's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction will issue a final written response on the reconsideration request within two weeks after receiving a complete reconsideration request.

History

• History: Effective May 1, 1999; amended effective July 1, 2003.

Article 67-13 School District Cooperative Agreements

Chapter 67-13-01 School District Cooperative Agreements

N.D. Admin. Code 67-13-01-01 Purpose

School districts cooperating with another school district or districts for the purpose of providing joint educational opportunities to the students as established by North Dakota Century Code section 15.1-27-16 may receive additional per student payments as provided in North Dakota Century Code

section 15.1-27-16.

N.D. Admin. Code 67-13-01-02 Approval

Cooperative agreements of education must first receive the approval of the superintendent of public instruction and shall be effective beginning July first of the year approved, upon the approval of the school boards of the member districts. The agreement may be changed only by a majority vote of each board signing the agreement and the approval of the department of public instruction. Any change to the agreement requires submission to and approval from the superintendent of public instruction prior to the change becoming effective.

N.D. Admin. Code 67-13-01-03 Withdrawal

Any district wishing to withdraw from the cooperative agreement must submit its intent to the other cooperative members in writing by January fifteenth. Withdrawal will become effective June thirtieth of the same year. The superintendent of public instruction must be notified in writing thirty days prior to the termination of the agreement.

N.D. Admin. Code 67-13-01-04 School districts

Cooperating school districts must agree to equitably share expenses of the cooperative agreement, to inventory all equipment used by the cooperative, and to provide appropriate transportation.

N.D. Admin. Code 67-13-01-05 Cooperative program

The school district cooperative or special education units must address the following:

1.A plan for sharing administration, at a minimum a shared superintendent, special education director, or business manager unless the school district has taxable property located in the same city as the other school district under the cooperative plan;

2.A plan for sharing cooperative expenditures between the member districts or special education units;

3.A plan for sharing cooperative or unit revenues upon termination of the agreement; and

4.A plan for the changing of the agreement.

October 1, 2023.

History

• History: Effective May 1, 1999; amended effective January 1, 2018; January 1, 2020; April 1, 2022;

N.D. Admin. Code 67-13-01-06 Agreements

The following areas must be discussed with hopes of arriving at written agreements. However, written agreements are not required for:

1.Identification of the location of education and grade level services programs;

2.Provisions for curriculum integration;

3.Site utilization regarding partial usage or closure;

4.Provision for sharing of extracurricular activities; and

5.The number and timely manner in which the school boards will meet jointly during the duration of the agreement.

N.D. Admin. Code 67-13-01-07 Cost-sharing reimbursement

Repealed effective April 1, 2026.

Article 67-15 Modified Public School Calendar

Chapter 67-15-01 Modified Public School Calendar [Repealed]

N.D. Admin. Code 67-15-01 Modified Public School Calendar [Repealed]

ARTICLE 67-15

MODIFIED PUBLIC SCHOOL CALENDAR

Chapter 67-15-01Modified Public School Calendar [Repealed] 67-15-02Reconfiguration of Instructional Days

CHAPTER 67-15-01

MODIFIED PUBLIC SCHOOL CALENDAR [Repealed effective June 1, 2002]

Chapter 67-15-02 Reconfiguration of Instructional Days

N.D. Admin. Code 67-15-02-01 Definitions

For purposes of this chapter, unless the context otherwise requires:

1."Applicant" means a school seeking approval for reconfiguration of instructional days.

2."Curricular instruction", as used in subsection 2 of North Dakota Century Code section 15.1-06-04, means the actual class period, including study hall, but does not include time to pass between classes, lunch periods, or other time that is not devoted directly to student instruction.

3."School" means a public school located in North Dakota and subject to the regulatory authority of the state of North Dakota.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-06-08.1

N.D. Admin. Code 67-15-02-02 Eligibility for reconfigured school calendar

Upon approval by the superintendent, any school may reconfigure the number of school days required by North Dakota Century Code section 15.1-06-04 if the reconfiguration complies with this

chapter and North Dakota Century Code sections 15.1-21-03, 15.1-21-04, and 15.1-06-03.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-06-08.1, 15.1-21-03, 15.1-21-04

N.D. Admin. Code 67-15-02-03 Application

Application for a reconfigured calendar must be made on SFN 58170 which is available on the department of public instruction's web site. The application must include the school name, signatures of the administrator and board chairman, and the information that is responsive to the considerations to be made by the superintendent, including how the proposed reconfigured school calendar relates to the criteria listed in section 67-15-02-05. At a minimum, each applicant shall include the following in the application:

1.The goals and objectives of the reconfiguration program;

2.Documentation of community input into the proposed program, including written correspondence on the subject, summaries of oral contacts, and a summary of any discussions at public meetings or hearings;

3.A cost-benefit study, including potential for savings in transportation and energy costs;

4.The number of hours of instructional time for the most recent school year completed prior to the application;

5.A proposed school calendar that will assure middle and high school students will receive one thousand fifty hours of instructional time and elementary students will receive nine hundred sixty-two and one-half hours of instructional time;

6.A class schedule for each grade level;

7.A contingency plan for makeup days and allowances for storms and other school closings;

8.A professional development plan; and

9.An evaluation plan, including specific plans to evaluate:

a.Student performance;

b.Student use of facilities;

c.Community use of facilities;

d.The success rate of any innovations;

e.The change in educational opportunities for students;

f.The change in academic opportunities for students; and

g.Any costs savings attributable to the reconfiguration, including savings in staffing, energy, transportation, and maintenance costs.

History

• History: Effective June 1, 2002; amended effective October 1, 2006; April 1, 2020.

N.D. Admin. Code 67-15-02-04 Application process

1.A completed SFN 58170 must be submitted to:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Department 201 Bismarck, ND 58505-0440

2.To be considered by the superintendent, an application under this chapter must be received in the department on or before March first of the year prior to the year for which a reconfigured school calendar is sought.

3.The superintendent will review each application and approve, approve with modifications as provided under section 67-15-02-06, or deny the application.

4.Notice of the superintendent's decision will be mailed by first-class mail to the applicant on or before April fifteenth of the year prior to the year for which a reconfigured school calendar is sought.

N.D. Admin. Code 67-15-02-05 Evaluation of applications

Each application for a reconfigured school calendar must be evaluated by the superintendent using the following criteria:

1.The impact of the reconfiguration plan on the period of instructional time. Under this criterion the superintendent will consider:

a.Whether the elementary students will receive at least nine hundred sixty-two and one-half hours each year under the plan; and

b.Whether the middle and high school students will receive at least one thousand fifty hours of instructional time.

2.The superintendent must also find one of the following to be a likely result of the reconfiguration:

a.That the proposed plan encourages innovation. Under this criterion the superintendent will consider:

(1)Educational trends relevant to the proposed reconfiguration;

(2)Research relevant to the proposed reconfiguration; and (3)The likelihood that instructional staff will develop and use innovative means of instruction.

b.That the proposed plan will improve educational opportunities for students. Under this criterion the superintendent will consider:

(1)Educational opportunities available to students under the existing configuration; and (2)Educational opportunities available to students if the reconfiguration plan is adopted.

c.That the proposed plan will enhance the academic opportunities of the students attending the school. Under this criterion the superintendent will consider:

(1)Academic opportunities available to students under the existing configuration; and (2)Academic opportunities available to students if the reconfiguration plan is adopted.

d.That the proposed plan will allow current students greater flexibility in the use of the school facilities. Under this criterion the superintendent will consider:

(1)Existing facility use by current students;

(2)The flexibility in use of school facilities available to current students under the existing configuration; and (3)The flexibility in use of school facilities available to current students if the reconfiguration plan is adopted.

e.That individuals or groups other than current students will have greater flexibility in the use of the school facilities. Under this criterion the superintendent will consider:

(1)Existing facility use by individuals and groups other than current students;

(2)The flexibility in use of school facilities available to individuals or groups other than current students under the existing configuration; and (3)The flexibility in use of school facilities available to individuals or groups other than current students if the reconfiguration plan is adopted.

f.That the reconfiguration plan will result in significant cost-savings to the district applying.

Under this criterion the superintendent will consider:

(1)Present costs of the district;

(2)Proposed reductions in the district's costs; and (3)The difference between the present costs to the district and the proposed costs under the reconfigured plan will be considered significant if the present costs are anticipated to exceed the proposed costs by forty dollars per student.

History

• History: Effective June 1, 2002; amended effective October 1, 2006; April 1, 2020.

N.D. Admin. Code 67-15-02-06 Modifications to applications

At any time prior to March first of the year prior to the school year the proposed reconfiguration plan is to take effect, an applicant may submit additional information to the superintendent for consideration as part of the application.

N.D. Admin. Code 67-15-02-07 Term of reconfiguration plan - Application for extension

If approved, a school's reconfiguration plan is valid for one year. A school may request the superintendent to extend the reconfiguration plan for an additional year. If granted, the first extension after the initial year is valid for one school year. All extensions thereafter are valid for five school years.

A request for extension will be granted only if:

1.The application for extension is received by the superintendent prior to July first of the year after the year in which the reconfiguration was implemented;

2.The school followed the reconfiguration plan as approved by the superintendent; and

3.The school can demonstrate:

a.The requisite number of instructional hours for elementary and high school students has been delivered; and

b.Under the reconfiguration plan either:

(1)Innovation occurred in the school;

(2)Enhanced educational or academic opportunities were provided to the students;

(3)There was greater flexibility in the use of the school by students, nonstudents, or organizations; or (4)The school had substantial financial savings as a result of the reconfiguration.

A request for extension of a reconfiguration plan may also be granted if a school demonstrates that the program has not resulted in a negative outcome in any of the four evaluation criteria set out in subdivision b of subsection 3 and more time is needed to assure a sufficient evaluation period.

N.D. Admin. Code 67-15-02-08 Reconsideration

If the applicant's request for reconfiguration of the school calendar program is denied, the denial must be in writing. The denial must state the reason for the denial. The notice of denial must be mailed to the applicant at the address provided for in the application and must include a notice of the opportunity to request a reconsideration. A request for reconsideration must be in writing and must be received by the superintendent within three weeks of the date of mailing by the department. Late requests for reconsideration will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction shall issue a final written response on the reconsideration request within three weeks after receiving a complete reconsideration request.

N.D. Admin. Code 67-15-02-09 Monitoring

The superintendent will monitor the reconfiguration programs of applicants whose programs are approved. The program of monitoring at a minimum will include periodic reports from the applicant setting forth:

1.The number of hours of instructional time provided to high school and elementary students respectively;

2.The enhanced educational and academic opportunities for students;

3.Any innovations resulting from the reconfiguration of the school calendar;

4.The use of school facilities by students;

5.The use of school facilities by nonstudents and organizations;

6.Any cost-savings attributable to the reconfiguration; and

7.Any modifications to the approved reconfiguration program.

Article 67-16 Alternative Education

Chapter 67-16-01 Alternative High Schools

N.D. Admin. Code 67-16-01-01 Definition and eligibility

For purposes of this chapter, "alternative high school" means a school, or alternative school within the same building of an existing school, created for students completing required coursework leading to high school graduation through methods apart from the traditional high school model. Any public school district in North Dakota may apply to the superintendent of public instruction for establishment of an alternative high school for students from the ages of sixteen to twenty-one. The alternative high school shall be under the administration of a public school district.

N.D. Admin. Code 67-16-01-02 Applications

Applications provided by the department of public instruction require the following information:

1.Name and address of the high school district through which the alternative high school is provided.

2.Names and addresses of any school districts that have entered into cooperative agreements approved by the department of public instruction and will be providing authorization to students in their district to attend this alternative high school.

3.A description of the alternative high school as follows:

a.The setting and location of the alternative high school, including the schedule that the alternative high school will be available to students.

b.Information on the staffing of the alternative high school.

c.Detailed description of the delivery model and instructional supports.

d.Descriptions or explanations of what makes the alternative high school different from the traditional high school model.

N.D. Admin. Code 67-16-01-03 Certification

The school district must certify that the alternative high school will be in compliance with the provisions of statute by providing the signature of the board chairperson and the school district superintendent.

History

• General Authority: NDCC 15.1-02-11, 15.1-06-06, 28-32-02
• Law Implemented: NDCC 15.1-02-11, 15.1-06-06

N.D. Admin. Code 67-16-01-04 Courses

If an alternative high school is authorized by the superintendent of public instruction under this

chapter, courses in the alternative high school need not meet the minimum curriculum in North Dakota Century Code section 15.1-21-02, but all courses must lead toward graduation for each of the participants.

History

• History: Effective January 1, 2000; amended effective April 1, 2010; January 1, 2023.
• General Authority: NDCC 15.1-02-11, 28-32-02
• Law Implemented: NDCC 15.1-21-02(7), 15.1-27-03.1(1)(e)

N.D. Admin. Code 67-16-01-05 Students

Students must be from the ages of sixteen to twenty-one to be reported for foundation aid payments in the alternative high school.

N.D. Admin. Code 67-16-01-06 Monitoring

The department of public instruction will monitor alternative high schools by reviewing annual documentation including fall reports and completion rate data:

1.Annual compliance report.

2.School calendar.

3.MIS03 certified personnel record.

4.Enrollment report.

History

• General Authority: NDCC 15.1-02-11, 15.1-06-06, 28-32-02
• Law Implemented: NDCC 15.1-02-11, 15.1-06-06

N.D. Admin. Code 67-16-01-07 Cooperative alternative programs

Repealed effective January 1, 2023.

N.D. Admin. Code 67-16-01-08 Payments

Repealed effective January 1, 2023.

Article 67-17 Adult Education Programs

Chapter 67-17-01 Adult Education Programs

N.D. Admin. Code 67-17-01-01 Purpose

The purpose of adult education is to provide academic instruction and education services below the postsecondary level that increases an individual's ability to:

1.Read, write, and speak English and perform mathematics necessary to attain a secondary school diploma or its equivalent;

2.Transition to postsecondary education and training; and

3.Obtain employment.

N.D. Admin. Code 67-17-01-02 Plan

The program is conducted under a detailed plan prepared and administered by the department of public instruction, job service north dakota, and vocational rehabilitation. The plan is identified as the North Dakota state plan for adult education and it is incorporated by reference into these rules. The state plan is developed by the department of public instruction, job service north dakota, and vocational rehabilitation under the guidance provided by and is approved by the United States department of education. The state plan outlines how the state partners will administer the Workforce Innovation and Opportunity Act HR 803; (Pub. L. 113-128). Copies of the state plan are available from the department of public instruction. The local programs will also submit student data and other required reports by the state and the United States department of education.

N.D. Admin. Code 67-17-01-03 Federal approval and funding

Unless otherwise specified in these rules, the eligibility to participate in the adult education program is governed by the Workforce Innovation and Opportunity Act (Pub. L. 113-128) and other procedures embodied in relevant federal notices and policy memos. The local programs must conform to other federal lawfully issued regulations and policies relating to the federal program. Terms used in this

chapter have the same meaning as the same terms when used in federal adult education regulations and policies. The department of public instruction will announce its intent to provide funding for adult education programs. The announcement will be made through newspapers, the internet, direct mailings to existing programs, and other means that may be available.

N.D. Admin. Code 67-17-01-04 Local applicants

The local education agencies, public agencies, community-based organizations, agencies responsible for corrections education, postsecondary education institutions, and institutions that serve educationally disadvantaged adults which wish to develop and implement an adult education program may apply. The applications must be prepared according to the criteria prepared by the department of public instruction. The criteria for application development are contained in the North Dakota state plan for adult education under section 67-17-01-02.

N.D. Admin. Code 67-17-01-05 Review of applications

A review committee of not less than three individuals will be selected by the North Dakota workforce development council (who may delegate to the department of public instruction). The review committee will use the application review criteria developed by the department of public instruction. The review criteria are part of the state plan for adult education under section 67-17-01-02. Upon completion of its review, the committee will forward its recommendations for approval and funding to the superintendent of public instruction who will publicly announce the approved applications and grants through direct communication with the applicants and newspapers.

N.D. Admin. Code 67-17-01-06 Funding

Grants may be awarded for single or multiple years. The funding cycle begins July first and ends June thirtieth. The amount of funding to be awarded to the applicants will be based on a review of their application and their ability to meet specific criteria outlined in the Workforce Innovation and Opportunity Act (Pub. L. 113-128).

N.D. Admin. Code 67-17-01-07 Charge for services

Local agencies may charge adults enrolled in adult education programs.

N.D. Admin. Code 67-17-01-08 Reporting

Each grantee must submit student data and other required federal and state reports to the department of public instruction as required by the Workforce Innovation and Opportunity Act (Pub. L. 113-128) and outlined in the North Dakota state plan for adult education under section 67-17-01-02.

History

• History: Effective January 1, 2000; amended July 1, 2016.

Article 67-18 Displaced Homemaker Program

Chapter 67-18-01 Displaced Homemaker Program

N.D. Admin. Code 67-18-01-01 Purpose

The displaced homemaker program is designed to provide services for displaced homemakers as defined in North Dakota Century Code sections 14-06.1-02 through 14-06.1-15. The services include personal and employment counseling, interpersonal skill building, job readiness, job search and employability training, information, and community referral services.

N.D. Admin. Code 67-18-01-02 Local applications

For grants and contract purposes, the superintendent of public instruction will issue applications and guidelines for those who wish to implement the displaced homemaker program.

Nonprofit agencies or organizations may apply for funds. The applications must be prepared according to the guidelines issued by the superintendent of public instruction.

N.D. Admin. Code 67-18-01-03 Review of application

A review committee of not less than three individuals must be selected by the department of public instruction. The committee may be selected from within the department or outside personnel. The review committee shall use the application review criteria developed by the department of public instruction. The review criteria is attached as an appendix to this chapter and must be part of the guidelines issued by the superintendent of public instruction. Upon completion of its review, the recommendations of the committee must be forwarded to the superintendent, who will announce the approved applications and grants through direct communication with the applicants and newspapers.

N.D. Admin. Code 67-18-01-05 Reporting

Each grantee shall submit student data and other state reports to the department of public instruction.

APPENDIX

Application Review Criteria The displaced homemaker grant application will be evaluated based upon the following criteria:

Points

1. Applicant's background and capacity to provide 10 services. Describe in detail the nature and

purpose of your organization. Also outline how your organization is equipped to provide displaced homemaker services.

2. State of need. Outline the geographic area you plan 15 to serve and the needs of displaced homemakers in your area of service. Describe how you assessed those needs.

3. Project objectives. Outline in detail the project 20 objectives for the program year. The objectives must be in measurable form.

4. Project activities. Describe in detail activities 25 you will undertake. These activities must meet the objectives outlined above.

5. Project evaluation. Outline what methods will be 20 employed to evaluate your program. Also describe how the results of such evaluation will be used.

6. Budget. Describe in detail the budget for this 10 project.

Article 67-19 Accreditation: Procedures, Standards, and Criteria

Chapter 67-19-01 Accreditation: Procedures, Standards, and Criteria

N.D. Admin. Code 67-19-01-01 Definitions

N.D. Admin. Code 67-19-01-02 Accreditation status

N.D. Admin. Code 67-19-01-03 Loss of accreditation status - Penalties

N.D. Admin. Code 67-19-01-04 Nonclassified

N.D. Admin. Code 67-19-01-05 Identification of accreditation status

N.D. Admin. Code 67-19-01-06 Classification by school grade description and authority

1.A school must be classified as a secondary school, middle level or junior high school, or an elementary school dependent upon the grade organization in that school. A school district retains the discretion to organize grades in the configurations that are most appropriate for that district.

2.Configurations for school organizations are:

a.A secondary school may include any consecutive combination of grades from seven through twelve.

b.A middle level or junior high school may include any consecutive combination of grades from five through nine.

c.An elementary school may include any consecutive combination of grades from prekindergarten through grade eight.

History

• History: Effective January 1, 2000; amended effective July 1, 2007; January 1, 2010; October 1, 2016.
• General Authority: NDCC 15.1-02-11
• Law Implemented: NDCC 15.1-02-11

N.D. Admin. Code 67-19-01-07 Enrollment categories

N.D. Admin. Code 67-19-01-08 Qualifications and time assignments for administrators, counselors, and library media specialists

N.D. Admin. Code 67-19-01-09 Types of standards and criteria - Penalties

Repealed effective July 1, 2007.

N.D. Admin. Code 67-19-01-10 Review cycle

N.D. Admin. Code 67-19-01-11 Appeals procedure

Repealed effective July 1, 2007.

N.D. Admin. Code 67-19-01-12 Alternative formats and procedures

Repealed effective June 1, 2002.

N.D. Admin. Code 67-19-01-13 Calculation tables for secondary, middle level, or junior high schools

N.D. Admin. Code 67-19-01-14 Calculation tables for elementary schools

N.D. Admin. Code 67-19-01-15 Education improvement process

N.D. Admin. Code 67-19-01-16 Administration - Superintendent qualifications and time assignments

N.D. Admin. Code 67-19-01-17 Qualifications of an assistant superintendent

N.D. Admin. Code 67-19-01-18 Administration - Secondary school principal qualifications and time assignments

N.D. Admin. Code 67-19-01-19 Administration - Middle level or junior high school principal and assistant principal - Qualifications and time assignments

N.D. Admin. Code 67-19-01-20 Administration - Elementary school principal qualifications and time assignments

N.D. Admin. Code 67-19-01-21 Administration - Shared elementary school principal - Elementary school principal qualifications and time assignments

N.D. Admin. Code 67-19-01-22 Administration - Assistant elementary school principal - Elementary school principal qualifications and time assignments

N.D. Admin. Code 67-19-01-23 Instructional personnel - Curriculum or instructional area director

N.D. Admin. Code 67-19-01-24 Instructional personnel - Secondary school teacher qualifications

N.D. Admin. Code 67-19-01-25 Instructional personnel - Secondary school teacher qualifications - Specific subject area preparation

N.D. Admin. Code 67-19-01-26 Instructional personnel - Middle level or junior high school teacher qualifications - General preparation

N.D. Admin. Code 67-19-01-27 Instructional personnel - Middle level or junior high school teacher qualifications - Specific subject area preparation

N.D. Admin. Code 67-19-01-28 Instructional personnel - Elementary school teacher qualifications - General preparation

N.D. Admin. Code 67-19-01-29 Instructional personnel - Elementary school teacher qualifications - Specific subject preparation. 67-19-01-29.1. Instructional personnel - Specialized credential preparation

All school personnel must comply with the state credential and licensing requirements appropriate to their assignment.

History

• History: Effective July 1, 2007; amended effective January 1, 2010.
• General Authority: NDCC 15.1-02-11
• Law Implemented: NDCC 15.1-02-11

N.D. Admin. Code 67-19-01-30 Professional development plan

N.D. Admin. Code 67-19-01-31 Written curriculum plan for kindergarten through grade twelve

Repealed effective January 1, 2010.

N.D. Admin. Code 67-19-01-32 Instructional program - Enrollments in grades nine through twelve

N.D. Admin. Code 67-19-01-33 Middle level or junior high school - Enrollment in grade nine

N.D. Admin. Code 67-19-01-34 Instructional program - Enrollments in grades seven and eight

N.D. Admin. Code 67-19-01-35 Instructional program - Enrollments in prekindergarten through grade six

N.D. Admin. Code 67-19-01-36 Class size

N.D. Admin. Code 67-19-01-37 Teacher preparation time - Prekindergarten through grade twelve

N.D. Admin. Code 67-19-01-38 Student evaluation

N.D. Admin. Code 67-19-01-39 Pupil personnel services

N.D. Admin. Code 67-19-01-40 Counseling and guidance services - Prekindergarten through grade six. 67-19-01-40.1. Counseling and guidance services - Grades seven through twelve for the 2009-10 school year. 67-19-01-40.2. Counseling and guidance services - Grades seven through twelve after the 2009-10 school year

N.D. Admin. Code 67-19-01-41 Library media services

N.D. Admin. Code 67-19-01-42 School policies - Handbooks

N.D. Admin. Code 67-19-01-43 Driver's education program - Administrative requirements

Repealed effective January 1, 2010.

N.D. Admin. Code 67-19-01-44 Accreditation of public schools - Review process - Adoption of accreditation process

1.The superintendent of public instruction shall contract with a nationally recognized accreditation organization to provide accreditation to public schools at no cost.

2."State-approved list", for the purpose of this section, means a list of nationally recognized accreditation organizations that meet the criteria determined by the superintendent of public instruction to award accreditation to schools.

3.To be considered for addition to the state-approved list, at a minimum a school accreditation organization shall:

a.Be nationally recognized;

b.Include standards that require measurable outcomes for student academic achievement, curriculum and instruction, educator qualifications, leadership and governance, student support services, and continuous improvement; and

c.Complete and submit the approval request form, including all required documentation and evidence satisfying determined criteria.

4.A school may use the state-provided accreditation option or select an accreditation option from the state-approved list that best aligns to the instructional goals and operational needs of the school.

5.If a school chooses to use a nationally recognized accreditation organization from the stateapproved list rather than the state-provided option, the school is responsible for any accreditation-related costs.

6.Within thirty days, the department of public instruction shall review the submitted approval request form and approve or deny the request. If an accreditation organization is approved, it must be added to the state-approved list.

7.The state-approved list must be created and maintained by the department of public instruction, available on the department's website, and shared upon request.

8.The superintendent of public instruction may remove organizations from the state-approved list if they are not in compliance with the determined criteria.

9.The superintendent of public instruction shall periodically review and evaluate the effectiveness of each accreditation option in improving student achievement and school performance.

History

• History: Effective October 1, 2016; amended effective October 1, 2025.
• General Authority: NDCC 15.1-02-04(1), 15.1-02-11
• Law Implemented: NDCC 15.1-06-06(1)(d)

Chapter 67-19-02 Waiver of Accreditation Standards or High School Unit Instructional Time

N.D. Admin. Code 67-19-02-01 Definitions

For purposes of this chapter, unless the context otherwise requires:

1."Applicant" means a school seeking approval for waiver of an accreditation standard or under North Dakota Century Code section 15.1-06-08.1.

2."Curricular instruction", as used in subsection 2 of North Dakota Century Code section 15.1-06-04 means the actual class period, including study hall, but does not include time to pass between classes, lunch periods, or other time that is not devoted directly to student instruction.

3."Department" means the department of public instruction.

4."School" means a public school located in North Dakota and subject to the regulatory authority of the state of North Dakota.

5."Superintendent" means the superintendent of public instruction.

History

• Law Implemented: NDCC 15.1-06-08, 15.1-06-08.1

N.D. Admin. Code 67-19-02-02 Eligibility for waiver

Any school that has achieved a status of accredited, or accredited with commendation, may seek a waiver of accreditation standards required by this chapter or a waiver of high school unit instructional time required by North Dakota Century Code section 15.1-21-03.

N.D. Admin. Code 67-19-02-03 Application

Application for a waiver of an accreditation standard or of high school unit instructional time must be made on SFN 58169. The application must include the school name, signatures of the administrator and board chairman, and information that is responsive to the considerations to be made by the superintendent, including how the proposed change relates to the criteria listed in section 67-19-02-05.

At a minimum, each applicant shall include the following in the application:

1.A detailed account of the waiver requested and the reasons for the waiver, including:

a.If the application is for a waiver of an accreditation standard, the standard for which a waiver is being requested, reasons for requesting the waiver of that standard, and an explanation of how the intent of the standard to be waived will be met if the waiver is granted; or

b.If the application is for a waiver of high school unit instructional time, a description of the waiver sought.

2.An applicant shall also provide a written statement of the mission or philosophy, the goals and the objectives of the school, and how the waiver of the standard or high school unit instructional time will support the statement and enhance student learning.

3.An evaluation plan, including specific plans to evaluate:

a.Student performance;

b.Any innovations and their success rate;

c.The change in educational opportunities for students; and

d.The change in academic opportunities for students.

N.D. Admin. Code 67-19-02-04 Application process

1.A completed SFN 58169 must be submitted to the department at:

Superintendent of Public Instruction Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

2.To be considered by the superintendent, an application for a waiver under this chapter must be received in the department on or before March first of the year prior to the year for which a waiver is sought.

3.The director will review each application and make a recommendation to the superintendent to approve the application, approve the application with modifications as provided under section 67-19-02-06, or deny the application.

4.The superintendent's decision will be mailed by first-class mail to the applicant on or before April fifteenth of the year prior to the year for which a reconfigured school calendar is sought.

N.D. Admin. Code 67-19-02-05 Evaluation of applications

Each application for a waiver will be evaluated using the following criteria:

1.Whether the application seeks a waiver of an accreditation standard required by state statute other than North Dakota Century Code section 15.1-06-08.1. If so, the waiver cannot be granted.

2.Whether a likely result of the waiver will be to:

a.Encourage innovation. Under this criterion, the superintendent will consider:

(1)Educational trends relevant to the proposed waiver;

(2)Research relevant to the proposed waiver; and (3)The likelihood that instructional staff will develop and use innovative means of instruction;

b.Improve educational opportunities for students. Under this criterion, the superintendent will consider:

(1)Existing educational opportunities available to students; and (2)Educational opportunities available to students if the waiver is granted; or

c.Enhance the academic opportunities of the students attending the school. Under this criterion, the superintendent will consider:

(1)Existing academic opportunities available to students; and (2)Academic opportunities available to students if the waiver is granted.

N.D. Admin. Code 67-19-02-06 Modifications to applications

At any time prior to March first of the year prior to the school year the proposed waiver is to take effect, an applicant that has submitted an application for waiver, upon the written request of the director or on its own initiative, may submit additional information to the superintendent for consideration as part of the waiver application.

N.D. Admin. Code 67-19-02-07 Term of waiver - Application for extension

1.If approved, a school's request for a waiver of an accreditation standard or a waiver of high school unit instructional time is valid only for the time period requested but not exceeding one year.

2.A school may request the superintendent to extend the waiver of an accreditation standard for up to one additional year. A school may request the superintendent to extend the initial waiver of high school unit instructional time for one year and may request further extensions of a waiver of high school unit instructional time not exceeding two years in length.

3.A request for extension will be granted if:

a.The application for extension is received by the superintendent prior to July first of the year in which the waiver terminates; and

b.The school can demonstrate that during the period the waiver was in effect either:

(1)Innovation occurred in the school;

(2)Enhanced educational opportunities were provided to the students; or (3)Enhanced academic opportunities were provided to the students.

N.D. Admin. Code 67-19-02-08 Reconsideration

If an applicant's request for a waiver is denied, the denial will be in writing and will state the reason for the denial. The notice of denial will be mailed to the applicant at the address provided for in the application and will include a notice of the opportunity to request a reconsideration. A request for reconsideration must be in writing and must be received by the superintendent within three weeks of the date the department mailed the notice of denial. Late requests, or supplementation of a request for reconsideration after that time, will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the applicant believes was erroneously interpreted or applied; and

2.The applicant's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent of public instruction will issue a final written response to the reconsideration request within three weeks after receiving a complete reconsideration request.

N.D. Admin. Code 67-19-02-09 Monitoring

The superintendent will monitor the programs of applicants whose waiver requests are approved.

At a minimum, the monitoring will include periodic reports from the applicant setting forth:

1.The number of hours of instructional time provided to high school and elementary students respectively;

2.The status of the enhanced educational and academic opportunities for students;

3.The status of any innovations resulting from the reconfiguration of the school calendar; and

4.Any cost-savings attributable to the reconfiguration.

Chapter 67-19-03 Innovative Education Program

N.D. Admin. Code 67-19-03-01 Definitions

As used in this section:

1."Board" means the school board of a public school district.

2."Governing board" means the board or governing body of a nonpublic school.

3."Superintendent" means the superintendent of public instruction.

History

• General Authority: NDCC 28-32-02

N.D. Admin. Code 67-19-03-02 Participation

Any public school or school district or any nonpublic school may apply to the superintendent for participation in an innovative education program.

N.D. Admin. Code 67-19-03-03 Planning proposal - Innovative education program

To be considered, the planning proposal at a minimum must include:

1.Rationale and vision.

a.Provide justification for implementation of an innovative education program. Cite research, evidence-based, or best practice information.

b.Describe how the innovative education program will:

(1)Improve the delivery of education;

(2)Improve the administration of education;

(3)Provide increased educational opportunities for students; or (4)Improve the academic success for students.

2.Stakeholder engagement. Describe how the planning process included stakeholders.

Stakeholders should include district and school leaders, teachers and teacher leaders, students, parents, school district board or school governing board members, community and business leaders, and institutions of higher learning where appropriate.

3.Public school district board and nonpublic school governing board - Approval. The board or governing board must approve the innovative education program planning proposal.

Documentation of approval must include:

a.In the case of a public school, approved minutes of the meeting at which the innovative education program planning proposal was discussed and approved by the district board and signed by the president of the board and the superintendent; or

b.In the case of a nonpublic school, approved minutes or an official statement indicating when the innovative education program planning proposal was discussed and approved by the governing board and signed by the chair of the governing board and the chief executive officer.

4.Professional development. Establish and describe a professional development plan aligned to the innovative education program.

5.Application process.

a.Schools, school districts, and nonpublic schools are encouraged to submit an innovative education program planning proposal by November first.

b.No specific form is required.

c.Innovative education program planning proposals should be mailed or emailed to the director, office of school approval and opportunity.

N.D. Admin. Code 67-19-03-04 Implementation proposal - Innovative education program

To be considered, the implementation proposal at a minimum must include:

1.A copy of the approved innovative education program planning proposal along with evidence of one year of planning.

2.Stakeholder engagement. Describe how the innovative education program implementation proposal planning process included stakeholders. Stakeholders should include district and school leaders, teachers and teacher leaders, students, parents, school district board or governing board members, community and business leaders, and institutions of higher learning where appropriate.

3.Implementation plan. The innovative education program implementation proposal must:

a.Describe how the implementation proposal aligns with the school's vision for teaching and learning.

b.Describe the plan to initiate the implementation plan.

c.Include measurable goals and objectives, timelines, and action plan, including parties responsible for completion of activities.

d.Provide information on how the implementation plan is expected to:

(1)Improve the delivery of education;

(2)Improve the administration of education;

(3)Provide increased education opportunities for students; or (4)Improve the academic success of students.

4.Public school district board and nonpublic school governing board - Approval. The board or governing board must approve the innovative education program implementation proposal.

Documentation of approval must include:

a.In the case of a public school, approved minutes of the meeting at which the innovative education program implementation proposal was discussed and approved by the district board and signed by the president of the board and the superintendent; or

b.In the case of a nonpublic school, approved minutes or an official statement indicating when the innovative education program implementation proposal was discussed and approved by the governing board and signed by the chair of the governing board and the chief executive officer.

5.Professional development. Establish and describe a professional development plan aligned to the innovative education program.

6.Continuous improvement.

a.Provide documentation of commitment made to a continuous improvement process that will guide schools toward the vision created by the innovative education program planning proposal.

b.Describe how the use of data will guide the innovative education program implementation proposal.

7.Evaluation criteria.

a.Describe the evaluation measures to monitor the progress of innovative education program implementation as well as the measures to be used to evaluate how the program has:

(1)Improved the delivery of education;

(2)Improved the administration of education;

(3)Provided increased education opportunities for students; or (4)Improved the academic success of students.

b.The evaluation plan must include multiple measures, such as quantitative and qualitative indicators, short-term and long-term goals, academic, school climate, and timelines.

c.Early stages of evaluation must include measures, such as attendance, disciplinary incidents, student engagement, student voice, student and parent surveys, and evidence of improved instructional practices.

d.Mid-stages and later stages of evaluation must include measures of student performance, including academic content skills, performance indicators, as well as proficiency and growth measures.

8.Sustainability. Describe a sustainability plan designed to ensure the plan is embedded in future planning giving consideration to possible changes to school and district leaders, building administration, the district superintendent, the governing board or the chief executive officer.

9.Application process.

a.Schools, school districts, and nonpublic schools are encouraged to submit an innovative education program implementation proposal by March first. Proposals may be submitted throughout the school year with the knowledge that implementation will begin after the proposal has been approved.

b.No specific form is required.

c.Innovative education program implementation proposals should be mailed or emailed to the director, office of school approval and opportunity.

N.D. Admin. Code 67-19-03-05 Waiver

When deemed appropriate and necessary to implement the innovative education program implementation proposal, the superintendent may grant a waiver of all or part of statute as provided in subsection 2 of North Dakota Century Code section 15.1-06-08.1.

History

• General Authority: NDCC 15.1-06-08.1, 28-32-02
• Law Implemented: NDCC 15.1-06-08.1

Chapter 67-19-04 Educational Opportunities with Sponsoring Entities

N.D. Admin. Code 67-19-04-01 Local policy

In order to provide educational opportunities through sponsoring entities, boards of school districts and governing boards of nonpublic schools shall adopt a local policy in accordance with North Dakota Century Code section 15.1-07-35.

N.D. Admin. Code 67-19-04-02 Creation of proposal

Any proposal submitted by an eligible sponsoring entity to a board of a school district or governing board of a nonpublic school under subsection 5 of North Dakota Century Code section 15.1-07-35 must include:

1.The name and information of the sponsoring entity;

2.The course title for each course provided by the sponsoring entity;

3.The state course code number for each course provided by the sponsoring entity;

4.A teacher of record who is employed by the school district or nonpublic school, is licensed under North Dakota Century Code chapter 15.1-18, and has approved the proposal;

5.An assurance that courses meet course content standards, as determined by the superintendent of public instruction; and

6.The statement of how students will demonstrate proficiency and how students will be evaluated.

N.D. Admin. Code 67-19-04-03 Notification of department

A school district or nonpublic school that has approved a proposal from a sponsoring entity under this chapter shall notify the superintendent of public instruction within thirty days of approval.

History

• History: Effective January 1, 2022; amended effective January 1, 2023; October 1, 2023.

N.D. Admin. Code 67-19-04-04 Review and approval of proposals

Repealed effective October 1, 2023.

N.D. Admin. Code 67-19-04-05 Program evaluation data

No later than June thirtieth of each school year, school districts or nonpublic schools providing educational opportunities with sponsoring entities shall provide program evaluation data to the superintendent of public instruction. Program evaluation data submitted may include:

1.Academic indicators, such as:

a.Proficiency scales;

b.Self-assessments;

c.Assessments from supervisor;

d.Career-ready standards met; and

e.Content standards met;

2.Descriptions of how the program:

a.Improved the delivery of education;

b.Improved the administration of education;

c.Provided increased education opportunities for students; and

d.Improved the academic success for students; and

3.Other evaluation measures, such as attendance, disciplinary incidents, student engagement, student voice, student and parent surveys, and evidence of improved instructional practices.

N.D. Admin. Code 67-19-04-06 Revocation of program

1.If program evaluation data indicates that a program is not providing success for students, the superintendent of public instruction may:

a.Make recommendations for improvement; or

b.Revoke the program.

2.If the superintendent of public instruction revokes a program as authorized in subsection 8 of North Dakota Century Code section 15.1-07-35, school districts and nonpublic schools must be allowed to revise and submit their proposal to the department for reinstatement. The department shall notify school districts and nonpublic schools of their resubmission status within thirty days of resubmission.

History

• History: Effective January 1, 2022; amended effective October 1, 2023.

Article 67-20 Summer High School Programs

Chapter 67-20-01 Summer High School Programs

N.D. Admin. Code 67-20-01-01 Eligibility and application

A school district must apply for and receive approval from the superintendent of public instruction for a summer high school program. To be considered by the superintendent, an application must be received by the department fifteen days prior to the start of the program.

History

• History: Effective May 1, 1999; amended effective October 1, 2006; January 1, 2010.
• Law Implemented: NDCC 15.1-21-16, 15.1-27-19

N.D. Admin. Code 67-20-01-02 Application

Repealed effective January 1, 2010.

N.D. Admin. Code 67-20-01-03 Courses

All courses in the summer high school program must meet the following criteria:

1.Each course must be part of the high school curriculum as adopted by the school board and must be offered and available to all high school students.

2.Each course must be selected from courses listed in the department of public instruction's course codes and descriptions available on the department's website.

3.Courses that are not listed in the department of public instruction's course codes and descriptions are considered experimental courses and may not be offered unless approved by the department prior to the first day the summer program is in session.

4.Teachers must be licensed to teach or approved to teach in accordance with North Dakota Century Code section 15.1-06-06.

5.Each summer course must satisfy graduation requirements and consist of at least the same number of hours as the same course offered during the school year.

History

• History: Effective May 1, 1999; amended effective October 1, 2006; January 1, 2010.
• Law Implemented: NDCC 15.1-06-06, 15.1-21-16, 15.1-27-19

N.D. Admin. Code 67-20-01-04 Scheduling

Summer high school programs must be conducted between the closing date of the regular school year and the beginning date of the next regular school year.

N.D. Admin. Code 67-20-01-05 Students

Students must have completed grade eight and not have graduated from high school for the district to qualify for proportionate payments.

N.D. Admin. Code 67-20-01-06 Monitoring

The department of public instruction may monitor summer high school programs by conducting onsite visits.

N.D. Admin. Code 67-20-01-07 Cooperative programs

School districts may develop cooperative programs with other school districts. Documentation of tuition agreements must be completed and approved by the districts involved prior to the start of the summer program and must be available for review by department monitors.

N.D. Admin. Code 67-20-01-08 Payments

Summer school payments will be made through the state school aid system based on the number of full-time equivalent students enrolled in summer courses multiplied by the weight for summer education programs in North Dakota Century Code section 15.1-27-03.1. Full-time equivalent students are determined using this formula:

1.For science or vocational courses, the total membership hours divided by one hundred fifty hours multiplied by .25.

2.For all other courses, the total membership hours divided by one hundred twenty hours multiplied by .25.

Summer school payments will be made for driver's education only if classroom instruction, driving, and observation are all completed by the student during summer school and the driver's education credit is a minimum of one-fourth credit consisting of thirty clock-hours of classroom instruction and twelve clock-hours of driving and observation time.

History

• History: Effective May 1, 1999; amended effective October 1, 2006; January 1, 2010.
• Law Implemented: NDCC 15.1-21-16, 15.1-27-03.1, 15.1-27-19

Article 67-21 School Food Programs

Chapter 67-21-01 School Lunch Program

N.D. Admin. Code 67-21-01-01 Purpose

The school lunch program, initiated at the federal level and in partnership with the states, is designed to safeguard the health and well-being of the nation's children and to encourage the domestic consumption of nutritious agricultural commodities and other food by assisting the states, through grants-in-aid and other means, in providing an adequate supply of foods and facilities for the operation of the nonprofit school lunch program.

History

• Law Implemented: NDCC 15-54-01

N.D. Admin. Code 67-21-01-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210.2

N.D. Admin. Code 67-21-01-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the national school lunch program is governed by federal national school lunch program regulations. The local program must conform to lawfully issued rules and policies relating to the national school lunch program.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210

N.D. Admin. Code 67-21-01-04 Eligibility

Local agencies eligible for participation in school lunch programs include:

1.Educational units of high school grade or under, recognized as part of the educational system in the state;

2.Public or nonprofit private classes of pre-primary grade conducted in educational units as a

part of the educational system in the state;

3.Public or nonprofit private residential institutions that operate principally for the care of children; and

4.Private institutions licensed by the department of human services to provide residential child care services.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210.2

N.D. Admin. Code 67-21-01-05 Application

Application forms are available at the department of public instruction, 600 east boulevard avenue, department 201, Bismarck, North Dakota 58505-0440. The application forms include:

1.Program agreement that includes:

a.Identification of the program or programs the local agency wants to participate in;

b.Verification that the local agency will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all provisions required by the implementing regulations of the United States department of agriculture. Signature by an authorized representative of the local agency will serve as verification; and

c.Verification of agreement that the local agency agrees to compile data, maintain records, and submit reports as required and permit authorized personnel to review such records, books, and accounts as needed to ascertain compliance with the program. Signature by an authorized representative of the local agency will serve as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.

2.Renewal agreement. This document is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in July and must be returned for approval and renewal by September.

3.Free or reduced-price policy statement and attachments. This document will be automatically renewed unless a new or updated statement is entered into by the state and local agency.

4.The program agreement, in its entirety, stipulates that local agencies:

a.Maintain a nonprofit school food service program;

b.Limit its net cash resources to an amount that does not exceed three months' average expenditures;

c.Maintain a financial management system and comply with related requirements;

d.Serve meals that meet the minimum requirements;

e.Price meals as a unit;

f.Serve meals free or at a reduced price to all children who are determined by the local agency to be eligible for such meals;

g.Count meals served and claim reimbursement for reimbursable free, reduced-price, and paid meals;

h.Maintain proper sanitation and health standards in conformance with applicable state and local laws and regulations;

i.Accept and use donated foods offered by the United States department of agriculture, if desired;

j.Maintain necessary facilities for storing, preparing, and serving food;

k.Upon request, make all accounts and records pertaining to the program available to the state agency and to the United States department of agriculture; and

l.Maintain files of currently approved and denied free and reduced-price applications or alternative documents and retain them for three years after the end of the fiscal year to which they pertain.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210.9

N.D. Admin. Code 67-21-01-06 Monitoring

The department of public instruction will conduct onsite reviews of local agency program operations as specified by federal regulations for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessment of claims by the state agency for any overpayment and appropriate corrective action.

History

• General Authority: NDCC 15-54-05, 28-32-02
• Law Implemented: NDCC 15-54-01; 7 CFR 210; 7 CFR 210.18

N.D. Admin. Code 67-21-01-07 Reimbursement claims

Local agencies are required to submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal and state reimbursement levels are determined on a periodic basis according to 7 CFR 210.

History

• General Authority: NDCC 15-54-05, 28-32-02
• Law Implemented: NDCC 15-54-01; 7 CFR 210

N.D. Admin. Code 67-21-01-08 Meal costs

The local agency has complete discretion in establishing student meal prices. However, if student payments are required, they cannot exceed forty cents for a reduced-price lunch. Qualifying students shall receive lunch free or at a reduced price. Local agencies must agree to establish and use fair hearing procedures as stipulated in the free and reduced-price policy for households contesting the agency's decision regarding an application for reduced-price or free meals. Local agencies under alternative provisions 2 and 3 for annual determinations of eligibility for free and reduced-price school meals and daily meal count by type, or the community eligibility provision may not charge for meals.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210.14; 7 CFR 245

N.D. Admin. Code 67-21-01-09 Menus

All lunch served under the program must meet the dietary guidelines for Americans as established by the federal regulations in 7 CFR 210.

History

• Law Implemented: NDCC 15-54-01; 7 CFR 210.10

N.D. Admin. Code 67-21-01-10 Food distribution

Local participating agencies may receive United States department of agriculture foods or the value of entitlement through the federal food distribution program through four categories:

1.Entitlement United States department of agriculture foods, which are foods that local agencies are entitled to receive under the regulation and are distributed by the state contracted warehouse and transportation facility.

2.A portion of United States department of agriculture food entitlements allocated by local agencies into the department of defense fresh fruit and vegetable program. Local agencies place orders through the department of defense fruit and vegetable ordering and reporting system and receive deliveries from the nationally contracted distributor.

3.A portion of their United States department of agriculture food entitlements allocated by local agencies into the net off invoice value pass through system. Local agencies order state procured and approved net off invoice United States department of agriculture food items directly from their contracted distributor.

4.Bonus United States department of agriculture foods, which are foods offered by United States department of agriculture and do not deduct from United States department of agriculture food entitlement. These foods are periodic and only available if offered by the United States department of agriculture.

The amount of United States department of agriculture food entitlement to which local agencies are entitled is determined by 7 CFR 210 and 7 CFR 250 and the availability of the United States department of agriculture foods.

History

• General Authority: NDCC 15-54-02, 15-54-03, 28-32-02
• Law Implemented: NDCC 15-54-01; 7 CFR 210.4

N.D. Admin. Code 67-21-01-11 Health and safety

The local agency food service program must adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction. A school food service employee who functions as a food preparation site manager must complete training in food safety and sanitation as defined by the superintendent of public instruction.

History

• General Authority: NDCC 15-54-03, 15-54-08, 28-32-02
• Law Implemented: NDCC 15-54-01; 7 CFR 210.13

N.D. Admin. Code 67-21-01-12 Fiscal management

Each local agency must maintain a financial management system to account for revenues and expenditures of its food service program. In local agencies that are public schools, ledgers must be reported and available at the department of public instruction.

History

• General Authority: NDCC 15-54-04, 15-54-05, 28-32-02
• Law Implemented: NDCC 15-54-01; 7 CFR 210.14

N.D. Admin. Code 67-21-01-13 Procurement standards

Local agencies shall comply with the requirements of the office of management and budget guidance for grants and agreements, 2 CFR 200 subpart D, concerning the procurement of supplies, food, equipment, and other services with program funds.

History

• General Authority: NDCC 15.1-35-03, 28-32-02
• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 2 CFR 200 subpart D, 7 CFR 210.15

Chapter 67-21-02 School Breakfast Program

N.D. Admin. Code 67-21-02-01 Purpose

The school breakfast program, initiated at the federal level and in partnership with the states, authorizes payments to the states to assist them to initiate, maintain, or expand nonprofit breakfast programs in schools.

History

• Law Implemented: NDCC 15.1-35-03

N.D. Admin. Code 67-21-02-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 220.3

N.D. Admin. Code 67-21-02-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the school breakfast program is governed by federal school breakfast program regulations. The local program must conform to lawfully issued rules and policies relating to the school breakfast program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 220

N.D. Admin. Code 67-21-02-04 Eligibility

Local agencies eligible for participation in school breakfast programs include:

1.Educational units of high school grade or under, recognized as part of the educational system in the state;

2.Public or nonprofit private classes of preprimary grade conducted in educational units as a

part of the educational system in the state;

3.Public or nonprofit private residential institutions that operate principally for the care of children; and

4.Private institutions licensed by the department of human services to provide residential child care services.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 220.2(u)

N.D. Admin. Code 67-21-02-05 Application

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440.

1.The application forms include:

a.A program agreement, which includes:

(1)Identification of the program or programs in which the local agency wants to participate;

(2)Verification that the local agency will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all provisions required by the implementing regulations of the United States department of agriculture. Signature by an authorized representative of the local agency will serve as verification; and (3)Verification of agreement that the local agency agrees to compile data, maintain records, and submit reports as required and permit authorized personnel to review such records, books, and accounts as needed to ascertain compliance with the program. Signature by an authorized representative of the local agency will serve as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.

b.A renewal agreement, which is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in July and must be returned for approval and renewal by September.

c.A free or reduced-price policy statement and attachments, which will be automatically renewed unless a new or updated statement is entered into by the state and local agencies.

2.The program agreement, in its entirety, must stipulate that local agencies:

a.Maintain a nonprofit school food service program;

b.Limit its net cash resources to an amount that does not exceed three months' average expenditures;

c.Maintain a financial management system and comply with related requirements;

d.Serve meals that meet the minimum requirements;

e.Price meals as a unit;

f.Serve meals free or at a reduced price to all children who are determined by the local agency to be eligible for such meals;

g.Count meals served and claim reimbursement for reimbursable free, reduced-price, and paid meals;

h.Maintain proper sanitation and health standards in conformance with applicable state and local laws and regulations;

i.Accept and use donated foods offered by the United States department of agriculture, if desired;

j.Maintain necessary facilities for storing, preparing, and serving food;

k.Upon request, make all accounts and records pertaining to the program available to the state agency and to the United States department of agriculture; and

l.Maintain files of currently approved and denied free and reduced-price applications or alternative documents and retain them for three years after the end of the fiscal year to which they pertain.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 220.7

N.D. Admin. Code 67-21-02-06 Monitoring

The department of public instruction shall conduct onsite reviews of local agency program operations as specified by federal regulations for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessment of claims by the state agency for any overpayment and appropriate corrective action.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 220.15

N.D. Admin. Code 67-21-02-07 Reimbursement claims

Local agencies shall submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal and state reimbursement levels are determined on a periodic

basis according to 7 CFR 220.9.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 210.11

N.D. Admin. Code 67-21-02-08 Meal costs

The local agency has complete discretion in establishing student meal prices. However, if student payments are required, they may not exceed thirty cents for a reduced-price breakfast. Qualifying students must receive breakfast free or at a reduced price. Local agencies must agree to establish and use fair hearing procedures as stipulated in the free and reduced-price policy for households contesting the agency's decision regarding an eligibility determination on an application for reduced-price or free meals. Local agencies under alternative provisions 2 and 3 for annual determinations of eligibility for free and reduced-price school meals and daily meal count by type, or the community eligibility provision are not allowed to charge for meals.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 210.19

N.D. Admin. Code 67-21-02-09 Menus

All breakfasts served under the program must meet program requirements as stipulated in 7 CFR 220.8 and must comply with dietary guidelines for Americans.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 220.8

N.D. Admin. Code 67-21-02-10 Procurement standards

Local agencies must comply with the requirements of the office of management and budget guidance for grants and agreements, 2 CFR 200 subpart D, concerning the procurement of supplies, food, equipment, and other services with program funds.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 2 CFR 200 subpart D, 7 CFR 220.16

Chapter 67-21-03 Special Milk Program

N.D. Admin. Code 67-21-03-01 Purpose

The special milk program, initiated at the federal level and in partnership with the states, is designed to encourage the consumption of fluid milk by children.

History

• Law Implemented: NDCC 15.1-35-03

N.D. Admin. Code 67-21-03-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 215.3

N.D. Admin. Code 67-21-03-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the special milk program is governed by federal special milk program regulations. The local program must conform to lawfully issued rules and policies relating to the special milk program.

History

• General Authority: NDCC 15.1-35-03, 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-03; 7 CFR 215

N.D. Admin. Code 67-21-03-04 Eligibility

Local agencies eligible for participation in the special milk program include:

1.Nonprofit schools of high school grade and under which do not participate in a meal service program authorized under the National School Lunch Act.

2.Split-session kindergarten programs in which the participating children do not have access to other meals.

3.Nonprofit nursery schools, child care centers, settlement houses, summer camps, and other nonprofit institutions devoted to the care and training of children.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-07; 7 CFR 215.1

N.D. Admin. Code 67-21-03-05 Application

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440.

1.The application forms include:

a.A program agreement, which includes:

(1)Identification of the program or programs in which the local agency wants to participate;

(2)Verification that the local agency will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all provisions required by the implementing regulations of the United States department of agriculture. Signature by an authorized representative of the local agency will serve as verification; and (3)Verification of agreement that the local agency agrees to compile data, maintain records, and submit reports as required and permit authorized personnel to review such records, books, and accounts as needed to ascertain compliance with the program. Signature by an authorized representative of the local agency will serve as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.

b.A renewal agreement, which is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in July and must be returned for approval and renewal by September.

c.A free or reduced-price policy statement and attachments, which will be automatically renewed unless a new or updated statement is entered into by the state and local agency.

2.The program agreement, in its entirety, must stipulate that local agencies:

a.Maintain a nonprofit school food service program;

b.Limit its net cash resources to an amount that does not exceed three months' average expenditures;

c.Maintain a financial management system and comply with related requirements;

d.Serve milk that meets the minimum requirements;

e.Serve milk free to all children who are determined by the local agency to be eligible for such meals;

f.Count milk served and claim reimbursement;

g.Maintain proper sanitation and health standards in conformance with applicable state and local laws and regulations;

h.Maintain necessary facilities for storing, preparing, and serving milk;

i.Upon request, make all accounts and records pertaining to the program available to the state agency and to the United States department of agriculture; and

j.Maintain files of currently approved and denied free and reduced-price applications or alternative documents and retain them for three years after the end of the fiscal year to which they pertain.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 210.9

N.D. Admin. Code 67-21-03-06 Monitoring

The department of public instruction shall conduct onsite visits to participating local agencies to ensure compliance with program regulations and with the nondiscrimination regulations of the United States department of agriculture.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 215.11

N.D. Admin. Code 67-21-03-07 Reimbursement claims

Local agencies shall submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal reimbursement levels are determined on a periodic basis.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 215.10

N.D. Admin. Code 67-21-03-08 Health and safety

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the state department of health, overviews of which are available from the department of public instruction.

History

• History: Effective January 1, 2020.
• General Authority: NDCC 15.1-35-03, 15.1-35-08, 28-32-02
• Law Implemented: NDCC 15.1-35-01; 7 CFR 210.13

Chapter 67-21-04 Child and Adult Care Food Program

N.D. Admin. Code 67-21-04-01 Purpose

The program, initiated at the federal level and in partnership with the states, provides assistance to the state through grants-in-aid and other means to initiate, maintain, and expand nonprofit food service programs for children or adult participants in nonresidential institutions that provide care.

History

• Law Implemented: NDCC 15.1-35-03

N.D. Admin. Code 67-21-04-02 State agency

The department of public instruction has been designated as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 226.3

N.D. Admin. Code 67-21-04-03 Use of federal funds

Unless otherwise specified in this chapter, eligibility to participate in the child and adult care food program is governed by federal child and adult care food program regulations. Local agencies must conform to lawfully issued regulations and policies relating to the program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226

N.D. Admin. Code 67-21-04-04 Eligibility

Local agencies eligible to participate in the program include:

1.An adult day care center, licensed or approved, independent or under the auspices of a sponsoring organization.

2.Public or private nonprofit child care centers, or any proprietary title XX centers that meet federal requirements.

3.A child care facility that is a licensed or approved child care center, outside-school-hours care center, or day care home under the auspices of a sponsoring organization.

4.A sponsoring organization that is a public or nonprofit private organization responsible for the administration of the food program in:

a.One or more day care homes;

b.A child care center, outside-school-hours care center, or adult day care center;

c.Two or more child care centers, outside-school-hours care centers, or adult day care centers; or

d.Any combination of child care centers, adult day care centers, day care homes, or outside-school-hours care centers.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.2

N.D. Admin. Code 67-21-04-05 Application

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440. The application forms include:

1.A program agreement, which includes:

a.A provision that the institution shall accept final financial and administrative responsibility for management of an effective food service and comply with all program requirements;

b.Verification that the local agency will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and all provisions required by the implementing regulations of the United States department of agriculture. Signature by an authorized representative of the local agency will serve as verification;

c.Verification of agreement that the local agency agrees to compile data, maintain records, and submit reports as required and permit authorized personnel to review such records, books, and accounts as needed to ascertain compliance with the program. Signature by an authorized representative of the local agency will serve as verification. Such records must be maintained for three years plus the current year; and

d.A requirement that each sponsoring organization shall submit a management plan and administrative budget with its application for review and approval. The state agency will review and approve all individual budget line items, including administrative labor and benefits.

2.A renewal agreement, which must be presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in August and must be returned for approval and renewal by September.

3.A free or reduced-price policy statement and attachments, which must be automatically renewed unless a new or updated statement is entered into by the state and local agency.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.6

N.D. Admin. Code 67-21-04-06 Monitoring

The department of public instruction shall conduct onsite reviews of local agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must include the assessment of overclaims and appropriate corrective action.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 226.6

N.D. Admin. Code 67-21-04-07 Reimbursement claims

Local agencies shall submit claims for reimbursement using the child and adult care food program reimbursement claim form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim. Federal reimbursement levels are determined on an annual basis according to federal law.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.7

N.D. Admin. Code 67-21-04-08 Meal service

All meals served under the program must meet the guidelines as stipulated in the federal regulations.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.20

N.D. Admin. Code 67-21-04-09 Food distribution

Certain local participating agencies, as prescribed in the federal regulations, must make an annual selection of accepting donated United States department of agriculture foods or cash in lieu of United States department of agriculture foods. The amount of commodities for both categories to which local agencies are entitled is determined by law and the availability of commodities.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.5

N.D. Admin. Code 67-21-04-10 Health and safety

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction. A school food service employee who functions as a food preparation site manager shall complete training in food safety and sanitation as defined by the superintendent of public instruction.

History

• Law Implemented: NDCC 15.1-35-03

N.D. Admin. Code 67-21-04-11 Fiscal management

Agencies must maintain a financial management system to account for revenues and expenditures of the food service program and to justify claims for reimbursement. The department requires authorized representatives of participating child care facilities to annually file a nonprofit status report to document that the center is maintaining a nonprofit financial status. Nonprofit status is further defined as an ending balance that does not exceed the value of three months of operating expenses.

History

• General Authority: NDCC 15.1-35-03, 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226.8; 7 CFR 226.15; 7 CFR 226.16

N.D. Admin. Code 67-21-04-12 Family day care home sponsoring organization

The department of public instruction has established special provisions that apply to the family day care home sponsoring organizations.

1.Two of the three periodic monitoring visits made to day care home providers must be made without announcement.

2.Day care home providers may only switch sponsoring organizations at the beginning of a new federal fiscal year.

3.The administrative staff members of family day care home sponsorships may not directly solicit providers known to be currently operating under another sponsorship.

4.The department shall provide oversight in the budgetary planning of sponsoring organizations as stipulated in 7 CFR 226.16. Fiscal year salary adjustments or increases of sponsoring organization administrative staff members must be in line with the corresponding salary increases allowed employees of the state of North Dakota for the same time period.

5.Day care home providers who meet eligibility requirements may claim reimbursement for meals fed to their children only when other child care children are present and eating at the same meal service time.

6.Individuals who are employed by a family day care home sponsoring organization may not simultaneously participate under the same sponsorship as a provider.

7.An eligible family day care home must be a building that is currently a residence, was originally built as a residence, or could be used as a residence with no additional remodeling.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 226

N.D. Admin. Code 67-21-04-13 Procurement standards

Local agencies shall comply with the requirements of the office of management and budget guidance for grants and agreements, 2 CFR 200 subpart D, concerning the procurement of supplies, food, equipment, and other services with program funds.

History

• History: Effective January 1, 2020.
• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 2 CFR 200 subpart D

Chapter 67-21-05 Summer Food Service Program

N.D. Admin. Code 67-21-05-01 Purpose

The program, initiated at the federal level and in partnership with the states, provides assistance to the state through grants-in-aid and other means to conduct nonprofit food service programs for children during the summer months and at other approved times. The primary purpose of the program is to provide food service to children from needy areas during periods when area schools are closed for vacation.

History

• Law Implemented: NDCC 15.1-35-03

N.D. Admin. Code 67-21-05-02 State agency

The department of public instruction has been designated as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for local agencies that wish to participate.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 225.3

N.D. Admin. Code 67-21-05-03 Use of federal rules and procedures

Unless otherwise specified in this chapter, eligibility to participate in the summer food service program is governed by federal summer food service program regulations. Local agencies must conform to lawfully issued regulations and policies relating to the program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 225

N.D. Admin. Code 67-21-05-04 Eligibility

Local agencies eligible to participate include public and private nonprofit agencies including schools, camps, and migrant programs. The department of public instruction will determine the eligibility of applicant sponsors in accordance with criteria established in federal rule 7 CFR 225.6.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 225.6

N.D. Admin. Code 67-21-05-05 Application

Application forms are available at the Department of Public Instruction, 600 East Boulevard Avenue, Department 201, Bismarck, North Dakota 58505-0440. The application forms include:

1.Program agreement that includes:

a.Identification of the program or programs the local agency wants to participate in;

b.Verification the local agencies will comply with title VI of the Civil Rights Act of 1964 [Pub. L. 88-352] and all requirements imposed by the regulations of the United States department of agriculture [7 CFR part 15], department of justice [28 CFR parts 42 and 50] and food and nutrition directives or regulations issued pursuant to that Act and the regulations, to the effect that, no person in the United States , on the ground of race, color, national origin, sex, age, or disability, may be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity for which the program applicant received federal financial assistance from the United States department of agriculture; and hereby gives assurance it immediately will take any measures necessary to fulfill this agreement. Signature by an authorized representative of the local agency serves as verification; and

c.The local agencies agree to compile data, maintain records, and submit reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized United States department of agriculture personnel during hours of program operation to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the United States department of agriculture food and nutrition services may seek judicial enforcement of this assurance. This assurance is binding on the program applicant, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from the United States department of agriculture. Signature by an authorized representative of the local agency serves as verification. Such records must be maintained for three years after the end of the fiscal year to which they pertain.

2.Renewal agreement. This document is presented annually to the local agency by the state agency for any appropriate revisions. Forms and information are forwarded to the local agency in April and must be returned for approval and renewal before the start of the program.

The renewal documentation includes:

a.A site information sheet.

b.Documentation supporting the eligibility of the site as serving an area in which poor economic conditions exist, if not a camp or a homeless feeding site.

c.For camps, documentation showing the number of children enrolled who meet the program's income standards.

d.With site information for a homeless feeding site, information to demonstrate that the site is not a residential child care institution.

e.For national youth sports program sites, a certification that all children are enrolled in the national youth sports program.

f.Information to enable the department of public instruction to determine whether the applicant meets the criteria for participation in the program as set forth in 7 CFR 225.14, the extent of program payments needed including a request for advance and startup payments, and, if applicable, a staffing and monitoring plan.

g.A complete administrative and operating budget for approval by the department of public instruction.

h.A plan for and a synopsis of its invitation to bid for food service, if required.

3.A free meal policy statement as defined in 7 CFR 225.6.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 225.6

N.D. Admin. Code 67-21-05-06 Monitoring

The department of public instruction shall conduct onsite reviews of local agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must include the assessment of overclaims and appropriate corrective action.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 225.7

N.D. Admin. Code 67-21-05-07 Reimbursement claims

Program payments must be made to approved and operating local agencies upon the submission of the appropriate reports and claim forms. Claim forms are due on the tenth day of the month following the month of the claim. Federal reimbursement levels are determined on an annual basis according to federal law.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 225.9

N.D. Admin. Code 67-21-05-08 Meal service

All meals served under the program must meet the guidelines as stipulated in the federal regulations.

1.Local agencies may receive United States department of agriculture foods or the value of entitlement through the federal food distribution program through three categories:

a.Entitlement United States department of agriculture foods, which are foods that local agencies are entitled to receive under the regulation and are distributed by the state contracted warehouse and transportation facility.

b.Local agencies may allocate a portion of their United States department of agriculture food entitlement into the department of defense fresh fruit and vegetable program. Local agencies place orders through the department of defense fruit and vegetable ordering and reporting system and receive deliveries from the nationally contracted distributor.

c.Bonus United States department of agriculture foods, which are foods offered by United States department of agriculture and do not deduct from United States department of agriculture food entitlement. These foods are periodic and only available if offered by the United States department of agriculture.

2.The amount of United States department of agriculture food entitlement, to which local agencies are entitled, is determined by 7 CFR 225.9.

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction. A school food service employee who functions as a food preparation site manager shall complete training in food safety and sanitation as defined by the superintendent of public instruction.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 225.16 67-21-05-08.1. Food distribution.
• Law Implemented: NDCC 15.1-35-03, 7 CFR 225.9 67-21-05-08.2. Health and safety.
• General Authority: NDCC 15.1-35-03, 15.1-35-08, 28-32-02
• Law Implemented: NDCC 15.1-35-01; 7 CFR 225.14

N.D. Admin. Code 67-21-05-09 Fiscal management

Local agencies must maintain accurate records that justify all costs and meals claimed.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 253.15

N.D. Admin. Code 67-21-05-10 Procurement standards

Local agencies shall comply with the requirements of the office of management and budget guidance for grants and agreements, 2 CFR 200 subpart D concerning the procurement of supplies, food, equipment, and other services with program funds.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 2 CFR 200 subpart D

Chapter 67-21-06 Food Distribution Program

N.D. Admin. Code 67-21-06-01 Purpose

The food distribution program, initiated at the federal level and in partnership with the states, is designed to make United States department of agriculture foods available to participating states and local agencies to safeguard the health and well-being of the nation's people with better diets and to encourage the domestic consumption of nutritious agricultural commodities and other foods produced by American farmers.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 250

N.D. Admin. Code 67-21-06-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of all United States department of agriculture food distribution programs.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 250.4

N.D. Admin. Code 67-21-06-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the food distribution program is governed by federal food distribution rules. The local program must conform to lawfully issued rules and policies relating to the food distribution program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250

N.D. Admin. Code 67-21-06-04 Eligibility

Local agencies and programs eligible for participation in the food distribution program include:

1.Nonprofit summer camps for children.

2.Charitable institutions.

3.Nutrition programs for the elderly.

4.Disaster feeding organizations.

5.Food assistance in situations of distress.

6.School food authorities.

7.Nonresidential child and adult care institutions.

8.Soup kitchens and food banks.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.10

N.D. Admin. Code 67-21-06-05 Agreements

A local agency shall enter into a written program-specific agreement with the department as outlined in 7 CFR 250. Signature by an authorized representative of the local agency or program will serve as verification. Such records must be maintained for three years after the end of the fiscal years to which they pertain.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.4

N.D. Admin. Code 67-21-06-06 Distribution and control of United States department of agriculture foods

United States department of agriculture foods shall be available for distribution and use in accordance with the provisions of 7 CFR 250. United States department of agriculture foods may not be sold, exchanged, or otherwise disposed of without approval of the department. Any transfer of United States department of agriculture food must be documented. The quantity of United States department of agriculture foods to be made available is determined in accordance with pertinent legislation. United States department of agriculture foods shall be requested and distributed only in quantities that can be consumed without waste. The department will consistently use the United States department of agriculture food value established by the United States department of agriculture when allocating United States department of agriculture foods. The department will maintain a monthly distribution schedule that provides equitable and reliable deliveries to local and recipient agencies. The department will distribute United States department of agriculture foods only to local and recipient agencies that are eligible.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.13

N.D. Admin. Code 67-21-06-07 Storage of United States department of agriculture foods - Standards for storage facilities

Local and recipient agencies shall provide facilities for the handling, storage, and distribution of United States department of agriculture foods that are sanitary; provide safeguards against theft, spoilage, and other loss; maintain foods at proper temperature; and stock and space foods in a manner so that the United States department of agriculture food is readily identified inventory. Local and recipient agencies shall take a physical inventory of United States department of agriculture food annually according to the specific regulations of each program. The department shall take a physical inventory of United States department of agriculture foods at all state-contracted warehouse facilities.

Excess inventory must be reported to the department.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.14

N.D. Admin. Code 67-21-06-08 Financial management

Local and recipient agencies shall use program funds to pay all or part of the direct costs for intrastate storage and distribution of United States department of agriculture food. The department acts as a passthrough entity and uses state and federal program funding to pay for warehouse and transportation expenses on behalf of those programs receiving United States department of agriculture foods from a state-contracted warehouse facility. Local agencies that have depleted their state program funding are responsible for payment of warehousing and transportation within thirty days of shipment.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.17

N.D. Admin. Code 67-21-06-09 Maintenance of records

Local and recipient agencies shall maintain accurate and complete records regarding the receipt, distribution, use, and inventory of United States department of agriculture food including end products processed from bulk United States department of agriculture foods. All records required under 7 CFR 250.19 must be retained for three years from the close of the fiscal year to which they pertain, unless there are claims or audit findings that have not been resolved.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 250.19

N.D. Admin. Code 67-21-06-10 Monitoring

The state agency shall conduct onsite reviews of local agency program operations according to the federal requirements set forth for each food distribution program. The state agency will conduct an annual onsite review of state contracted warehouse and transportation facility operations.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-05; 7 CFR 250.21

N.D. Admin. Code 67-21-06-11 Buy American

Local and recipient agencies, whenever possible, shall purchase only food products that are produced in the United States when using federal funds. When funds obtained in accordance with this

section are used to purchase foods in the commercial market, a distributing or recipient agency in the continental United States, and in Hawaii, to the maximum extent practical, shall purchase only domestic foods or food products. Such requirement also is applicable to food purchases made with the cash-inlieu-of-donated foods provided in national school lunch program and child and adult care food program, in accordance with 7 CFR 250.56(e) and 250.61(c). For the purposes of this section, domestic foods or food products are:

1.Agricultural commodities that are produced in the United States; or

2.Food products that are processed in the United States substantially using agricultural commodities that are produced in the United States.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 250.17

N.D. Admin. Code 67-21-06-12 Civil rights

Local agencies shall comply with the United States department of agriculture nondiscrimination regulations as referenced in 7 CFR parts 15, 15a, and 15b, and with civil rights instructions.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 250.21

N.D. Admin. Code 67-21-06-13 Procurement

The state agency and local agencies shall comply with the requirements in 2 CFR 200 subpart D and 2 CFR 400.1, as applicable, in purchasing end products, distribution, or other processing services from processors. The state agency and local agencies may use procurement procedures that conform to applicable state or local laws and regulations but must ensure compliance with the procurement requirements in 2 CFR 200 subpart D and 2 CFR 400.1, as applicable.

History

• History: Effective January 1, 2020.
• Law Implemented: NDCC 15.1-35-03; 2 CFR 200 subpart D, 2 CFR 400.1

Chapter 67-21-07 Food Distribution on Indian Reservations

N.D. Admin. Code 67-21-07-01 Purpose

The food distribution program on Indian reservations, initiated at the federal level and in partnership with the states, authorizes the receipt and distribution of United States department of agriculture foods by state agencies to tribal organizations.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 253.1

N.D. Admin. Code 67-21-07-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for tribal organizations that wish to participate in this program.

History

• History: Effective February 1, 2000.
• Law Implemented: NDCC 15.1-35-03; 7 CFR 253.3

N.D. Admin. Code 67-21-07-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the food distribution program on Indian reservations is governed by federal rules. The tribal organization shall conform to lawfully issued rules and policies relating to the food distribution program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253

N.D. Admin. Code 67-21-07-04 Availability of United States department of agriculture foods, storage, and distribution

Tribal organizations are eligible to receive United States department of agriculture foods that are made available under the Food and Nutrition Act of 2008. Shipments of United States department of agriculture foods to tribal organizations must be made under the terms of the existing state transportation contract and in accordance with a schedule jointly determined by the department and the tribal organization. Tribal organizations shall maintain control of and accountability for United States department of agriculture foods, conduct inventories as necessary, provide and maintain adequate and appropriate storage facilities, and distribute the United States department of agriculture foods to individuals on the basis of established eligibility.

Within the United States department of agriculture, the food and nutrition service determines if an Indian tribal organization is capable of effective and efficient administration of the program. If the food and nutrition service determines the Indian tribal organization is not capable of effective and efficient administration of the program, the appropriate agency of the state government is responsible for the program on all or part of the Indian reservation. The appropriate agency of the state government may administer the program on behalf of an otherwise capable tribe if agreed to in writing by both parties.

The department of public instruction shall conduct annual onsite reviews of tribal organization program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure tribal organizations meet program requirements and objectives. Program deficiencies must be documented and specific plans of corrective action for deficiencies must be established and implemented.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253.10 67-21-07-04.1. Eligibility.
• History: Effective January 1, 2020.
• General Authority: NDCC 15.1-35-03; 28-32-02
• Law Implemented: NDCC 15.1-35-03; 7 CFR 253.4 67-21-07-04.2. Monitoring.
• History: Effective January 1, 2020.
• General Authority: NDCC 15.1-35-03; 28-32-02
• Law Implemented: NDCC 15.1-35-03; 7 CFR 253.5

N.D. Admin. Code 67-21-07-05 Administrative payments

The department shall reimburse tribal organizations not considered to be Indian tribal organizations for costs that are allowable under federal rule 7 CFR 253.11, in accordance with the approved tribal organization budget. The department also shall use administrative funds to cover all warehouse and transportation expenses for those Indian tribal organizations that receive United States department of agriculture foods from the state contracted warehouse facility.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 253.11

Chapter 67-21-08 The Emergency Food Assistance Program

N.D. Admin. Code 67-21-08-01 Purpose

The emergency food assistance program, initiated at the federal level and in partnership with the states, authorizes the receipt and distribution of United States department of agriculture foods by state agencies to eligible local emergency feeding organizations.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 251.1

N.D. Admin. Code 67-21-08-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for local agencies that wish to participate.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 251.2

N.D. Admin. Code 67-21-08-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the emergency food assistance program is governed by federal rules. The local program shall conform to lawfully issued rules and policies relating to the food distribution program.

History

• History: Effective February 1, 2000.
• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251

N.D. Admin. Code 67-21-08-04 Availability of United States department of agriculture foods, storage, and distribution

Emergency feeding organizations are eligible to receive United States department of agriculture foods that are made available under sections 202 and 214 of the Emergency Food Assistance Act of 1983. The availability and control of donated commodities must be in accordance with the federal regulations 7 CFR 251.4 availability of commodities. The department of public instruction establishes an annual allocation of food entitlement for participating emergency feeding organizations on the basis of participation.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.4, 7 CFR 251.6

N.D. Admin. Code 67-21-08-05 Eligibility

Local agencies and programs eligible for participation in the emergency food assistance program are public and nonprofit private organizations that have entered into an agreement with the department of public instruction to provide nutrition assistance to relieve situations of emergency and distress through the provision of food to needy persons. Emergency feeding organizations include food pantries, food banks, hunger centers, soup kitchens, and similar public or private nonprofit eligible recipient agencies.

The department of public instruction shall conduct onsite reviews of local agency and subrecipient agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure local agencies meet program requirements and objectives.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.5 67-21-08-05.1. Monitoring.
• History: Effective January 1, 2020.
• Law Implemented: NDCC 15.1-35-03; 7 CFR 251.10

N.D. Admin. Code 67-21-08-06 Distribution plan

Repealed effective January 1, 2020.

N.D. Admin. Code 67-21-08-07 Administrative payments

The department of public instruction shall provide administrative payments to emergency feeding organizations to support expenses associated with the storage and further distribution of United States department of agriculture foods. Administrative funds are allocated to participating emergency feeding organizations on the basis of individual participation.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 251.8

Chapter 67-21-09 The Commodity Supplemental Food Program

N.D. Admin. Code 67-21-09-01 Purpose

The commodity supplemental food program, initiated at the federal level and in partnership with the states, authorizes the receipt and distribution of United States department of agriculture foods by state agencies to eligible local agencies.

History

• Law Implemented: NDCC 15.1-35-03; 7 CFR 247.2

N.D. Admin. Code 67-21-09-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program for local agencies that wish to participate in this manner.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.3

N.D. Admin. Code 67-21-09-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the commodity supplemental food program is governed by federal rules. The local program shall conform to lawfully issued rules and policies relating to the food distribution program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247

N.D. Admin. Code 67-21-09-04 Availability of United States department of agriculture foods, storage, and distribution

Local agencies are eligible to receive United States department of agriculture foods that are made available under the Agriculture and Consumer Protection Act of 1973 and the Agricultural Act of 2014.

The availability and control of donated United States department of agriculture foods must be in accordance with 7 CFR 247.10 for the commodity supplemental food program.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.10

N.D. Admin. Code 67-21-09-05 Eligibility

Local agencies and programs eligible for participation in the commodity supplemental food program are public and nonprofit private organizations that have entered an agreement with the department of public instruction to provide nutrition assistance to low-income elderly persons. Local agencies include community action agencies, food banks, hunger centers, and similar public or private nonprofit local agencies.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.7, 7 CFR 247.9

N.D. Admin. Code 67-21-09-06 Monitoring

The department of public instruction shall conduct onsite reviews of local agency program operations, as specified in the federal regulations, for the purpose of providing guidance and technical assistance to local agencies. All reviews must ensure local agencies meet program requirements and objectives.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.34

N.D. Admin. Code 67-21-09-07 Administrative payments

The department of public instruction shall provide administrative payments to local agencies to support expenses associated with the storage and further distribution of United States department of agriculture foods. Administrative funds are allocated to participating local agencies based on a submitted budget and on the basis of individual participation.

History

• Law Implemented: NDCC 15.1-35-03, 15.1-35-05; 7 CFR 247.23, 7 CFR 247.25

Chapter 67-21-10 Fresh Fruit and Vegetable Program

N.D. Admin. Code 67-21-10-01 Purpose

The fresh fruit and vegetable program, initiated at the federal level and in partnership with the states, is designed to provide free fresh fruits and vegetables to students in participating elementary schools during the school day at times other than breakfast, lunch, or after school snack and to encourage healthier school environments by promoting nutrition education and expansion of the variety of fruits and vegetables that children experience, through grants-in-aid and other means.

N.D. Admin. Code 67-21-10-02 State agency

The department of public instruction has been designated by the United States department of agriculture as the state agency in the state of North Dakota to assist in the implementation, maintenance, and funding of the program.

N.D. Admin. Code 67-21-10-03 Use of federal rules and policies

Unless otherwise specified in this chapter, eligibility to participate in the fresh fruit and vegetable program is governed by federal regulations. The local program shall conform to lawfully issued rules and policies relating to the federal fresh fruit and vegetable program.

N.D. Admin. Code 67-21-10-04 Eligibility

Local agencies eligible for participation in the fresh fruit and vegetable program include:

1.Educational units of elementary school grade, recognized as part of the educational system in the state;

2.Schools must participate in the national school lunch program to operate the fresh fruit and vegetable program; and

3.Section 19 of the National School Lunch Act requires schools with the highest free and reduced-price enrollment be given priority for participation in the fresh fruit and vegetable program.

N.D. Admin. Code 67-21-10-05 Application

Local educational agencies must submit a fresh fruit and vegetable application that includes:

1.The total number of enrolled children;

2.The percentage of children certified as eligible for free and reduced-price meals;

3.A certification of support for participation of the fresh fruit and vegetable program signed by the school food service manager, the school principal, and the district superintendent; and

4.A program implementation plan, including efforts to integrate the fresh fruit and vegetable program with other efforts to promote childhood health and nutrition.

N.D. Admin. Code 67-21-10-06 Outreach

Before making decisions regarding school participation in the program, the state agency shall inform the schools within the state with the highest proportion of free and reduced-price meal eligibility, including Native American schools, of the eligibility of the schools for the program with respect to priority granted to schools with the highest proportion of free and reduced-price eligibility.

In providing information to high priority schools, a state agency shall inform the schools that likely would be chosen to participate in the program.

N.D. Admin. Code 67-21-10-07 Notice of availability

If selected to participate in the program, a school shall widely publicize within the school the availability of free fresh fruits and vegetables under the program.

N.D. Admin. Code 67-21-10-08 Per-student grant

The per-student grant provided to a school is determined by the state agency and may not be less than fifty dollars, nor more than seventy-five dollars.

N.D. Admin. Code 67-21-10-09 Monitoring

The department of public instruction shall conduct onsite reviews of local agency program operations as specified by federal regulation for the purpose of providing guidance and technical assistance to local agency food service programs. All such reviews must include the assessment of claims by the state agency for any overpayment and appropriate corrective action.

History

• General Authority: NDCC 15.1-35-05, 28-32-02
• Law Implemented: NDCC 15.1-35-01; 7 CFR 210; 42 USC 1769a

N.D. Admin. Code 67-21-10-10 Reimbursement claims

Local agencies are required to submit claims for reimbursement using the basic claim for reimbursement form provided by the department of public instruction. Such claims are due on the tenth day of the month following the month of the claim.

History

• General Authority: NDCC 15.1-35-05, 28-32-02

N.D. Admin. Code 67-21-10-11 Health and safety

The local agency food service program shall adhere to state and local health and food safety requirements, as adopted by the North Dakota state department of health, overviews of which are available from the department of public instruction.

History

• General Authority: NDCC 15.1-35-03, 15.1-35-08, 28-32-02
• Law Implemented: NDCC 15.1-35-01

Article 67-22 Corrective Actions and Sanctions

Chapter 67-22-01 Corrective Actions and Sanctions

N.D. Admin. Code 67-22-01-01 Corrective actions and sanctions

A school district or organization must comply with all state and federal laws. If the school district or organization violates any law and does not take the necessary corrective actions to remedy the violation, the department will impose sanctions. Examples of noncompliance for a school district and organization include:

1.Failure to meet state school approval requirements as set out in North Dakota Century Code sections 15.1-06-04, 15.1-06-06, 15.1-06-09, 15.1-18-02, 15.1-18-03, and 15.1-21-02.

2.Nonpayment of tuition as set out in North Dakota Century Code sections 15.1-29-05 and 15.1-29-13 and subsection 5 of North Dakota Century Code section 15.1-29-14.

3.Charging school fees contrary to law.

4.Failure to comply with federal program requirements, applicable grant award requirements whether by inference or reference to education, federal statutes in relation to education, or regulations or assurances required for education.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-06-01, 15.1-32-09; 20 USC 1400 et seq.

N.D. Admin. Code 67-22-01-02 Corrective actions and sanctions procedures

When a school district or organization violates one or more provisions of law, the following procedures must be implemented:

1.The department shall notify the local board of education, or other governing board in writing by certified mail of the violation, with a copy to the district superintendent or organization administrator. The notification must include:

a.A description of the violation;

b.Corrective actions by the school or organization required to correct the violation; and

c.Timelines for completing the corrective actions.

2.If the corrective action specified in the notice is not completed within the time period specified in the notice, or within thirty days of the notification date if no time period is specified in the notice, the superintendent of public instruction, the department director of fiscal management, and the department director of school finance and organization must be notified.

3.If issues are still not resolved and the school district or organization does not complete the required corrective actions in a timely manner, sanctions must be imposed until the school district or organization completes the corrective actions. The department shall request publication of a notice that the school district or organization has failed to complete required corrective actions in a timely manner in the official county newspaper of the county in which the school is located. The notice must comply with laws governing the disclosure of student information.

This section does not apply to a school's failure to file reports as required by North Dakota Century Code section 15.1-02-13 or 15.1-27-02.

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-09; 20 USC 1400 et seq.

N.D. Admin. Code 67-22-01-03 Reconsideration of corrective actions and sanctions

A school district or organization may request reconsideration of a corrective action or sanction. A request for reconsideration must be in writing and must be received by the superintendent of public instruction within three weeks of notification of the corrective action or sanction. Late requests will not be considered. The reconsideration request must state the following:

1.The facts, law, or rule the school district or organization believes was erroneously interpreted or applied; and

2.The school district's or organization's arguments on how the facts, law, or rule should have been applied, giving specific reasons and thorough analysis.

The superintendent shall issue a final written response on the reconsideration request within three weeks after receiving a reconsideration request. The procedures of this section do not apply to corrective actions and sanctions imposed by the department pursuant to a state complaint investigation under part B of the Individuals With Disabilities Education Act [Pub.L. 108-446].

History

• Law Implemented: NDCC 15.1-02-11, 15.1-32-09; 20 USC 1221e-3; 20 USC 1400 et seq.

Article 67-23 Special Education

Chapter 67-23-01 Comprehensive General Plan Requirements for Special Education Programs

N.D. Admin. Code 67-23-01-01 Definitions

As used in this article, the following definitions apply:

1."Individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the IDEA section 614(d) [20 U.S.C. 1414(d)].

2."Individuals With Disabilities Education Act" or "IDEA" means the Individuals With Disabilities Education Improvement Act of 2004, Public Law 108-446 [118 Stat. 2647; 20 U.S.C. 1400-1420].

3."Least restrictive environment" means that to the maximum extent appropriate, children with disabilities are educated with children who are not disabled and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

4."Local education agency" means a school district, public charter school, multidistrict special education unit organized under North Dakota Century Code chapter 15.1-33, or other legally constituted public authority for administrative control or direction of, or to perform a service function for, public elementary or secondary schools.

5."Multidisciplinary team" means a team of professionals and parents which develops an IEP for a student with disabilities.

6."Multidistrict special education unit" means a public corporation organized under North Dakota Century Code chapter 15.1-33 for purposes of planning and delivering special education and related services.

7."Nonsectarian" means not affiliated with or restricted to a particular religion.

8."Organization" includes school districts, public charter schools, multidistrict local education agencies, child care centers, vocational education centers, private or public residential facilities, counties, and nonprofit agencies.

9."Related services" means transportation and developmental, corrective, or supportive services needed to help a student with disabilities to benefit from special education.

10."Resident district" means the school district of residence of the student as determined by law.

11."Special education unit" means a single-district special education unit or a multidistrict special education unit.

12."Student with disabilities" or "child with disabilities" means an individual who:

a.Is at least three years of age but has not reached the age of twenty-one before August first of the year in which the individual turns twenty-one, and because of mental, physical, emotional, or learning characteristics requires regular or special education and related services designed to meet the individual's educational needs; and

b.Is an individual with intellectual disability, deaf or hard of hearing, speech or language impairment, visual impairment including blindness, emotional disability, orthopedic impairment, autism, traumatic brain injury, other health impairment, specific learning disability, deaf-blindness, or noncategorical delay.

History

• History: Effective February 1, 2000; amended effective January 1, 2008; January 1, 2020; October 1, 2021; October 1, 2025; April 1, 2026.
• Law Implemented: NDCC 15.1-32-01, 15.1-32-09, 15.1-40-01, 15.1-40-17; 20 USC 1400-1419

N.D. Admin. Code 67-23-01-02 School district's comprehensive general plan requirements for education of students with disabilities

Each school district and public charter school in the state shall have a comprehensive general plan for the education of students with disabilities between the ages of three and twenty-one who reside in that district or attend the public charter school. The plan must:

1.Be filed with the superintendent of public instruction; and

2.Describe the multidistrict special education unit organizational and services plan or the organization of services for a single-district special education unit, including:

a.Description of the organization, including participating school districts in multidistrict special education units;

b.Structure and organization of the board;

c.Powers and duties of the board;

d.Monetary policies including fiscal management and method of apportioning administrative and program costs;

e.Procedures for withdrawing from or joining a multidistrict unit, not including single district units;

f.Services description;

g.Unit or district policies and procedures for implementing the provisions of state law and the Individuals With Disabilities Education Act; and

h.Letters of agreement from participating school districts, not including single-district units.

History

• History: Effective February 1, 2000; amended effective April 1, 2026.
• Law Implemented: NDCC 15.1-32-01, 15.1-32-09, 15.1-40-01, 15.1-40-17; 20 USC 1400-1419

N.D. Admin. Code 67-23-01-03 Timelines - Exception to sixty-day time frame for initial evaluation

The district must evaluate a referred child within sixty calendar days after obtaining parental consent for the evaluation unless:

1.An extension is necessary because of extreme weather that prevented or interfered with the evaluation and the extreme weather condition is documented; or

2.Either party establishes to the satisfaction of the department that access to a qualified evaluator is so limited that the evaluation cannot occur in the initial sixty days.

The evaluation period, including an extension for the circumstances described above, may not exceed ninety calendar days.

History

• History: Effective October 1, 2009.
• Law Implemented: NDCC 15.1-32; 20 USC 1414

Chapter 67-23-02 State Funding for Special Education

N.D. Admin. Code 67-23-02-01 Definition

As used in this chapter, "contract for services" means a contract between the resident district and another school district or an organization outside the local education agency for services to a student with disabilities or a significant medical condition.

History

• Law Implemented: NDCC 15.1-32-09, 15.1-32-14; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-02 State funding for students with disabilities or students with a significant The resident district must pay the cost of special education and related services required by law for the student with disabilities or the student with a significant medical condition

History

• Law Implemented: NDCC 15.1-32-14; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-03 Conditions for contracted services for students with disabilities or a significant A resident district may enter a contract for services for students with disabilities or students with a significant medical condition if all of the following requirements are met:

1.The IEP or 504 team has developed an educational plan and determined that the least restrictive environment for the education of a student with disabilities or student with a significant medical condition is not available in the resident district.

2.Another setting is available for education in the least restrictive environment in another district or other setting in North Dakota or another state.

3.The educational services provided in the least restrictive setting are approved by the resident school district. The resident district, or the educating district in the event of open enrollment, has notified the superintendent of public instruction using the online application. The student's current educational plan must be submitted to the department with the contract if it is not in North Dakota's case management system.

4.The school district making the education placement is able to assure the superintendent that alternative public school placements in the state were investigated and that the alternate setting selected is accredited, nonprofit, and nonsectarian and has proper facilities and services for the education of the student. Assurance is made by completing the contract form with required signatures.

1.A school district making the school placement of a student with disabilities or significant medical condition shall:

a.Participate in development of the educational planning for the student;

b.Evaluate the alternate program as defined in subdivision b of subsection 1 of 67-23-02-03 annually and establish an appropriate program for the student with disabilities within the resident district system whenever feasible;

c.Maintain a case file, including progress and periodic evaluations of the student with disabilities;

d.Provide transportation and when applicable boarding care for the student; and

e.Share educational records with other school districts or residential facilities that provide educational services.

2.The school or facility providing the education shall:

a.Provide the education program as prescribed in the educational plan developed by the IEP or 504 team including representation from the resident district;

b.Report to parents at the same frequency as progress reports are provided for students attending the school during the school year;

c.Report progress and summary evaluations to the resident district two times during the school year;

d.Share educational records with school districts or other residential facilities that provide educational services for the student; and

e.Bill only for direct services in the student's educational plan provided by special education and related services providers.

3.The educating district shall create an electronic contract with educational costs using the online application. Out-of-state contracts and costs may be created with the assistance of the superintendent of public instruction.

4.Submission of the contract is initiated by the educating district, followed by approval from the resident district and the superintendent of public instruction. Electronic mail must be generated with approval or rejection to the educating district, the resident district, and the superintendent of public instruction.

5.The resident district shall make all payments to the school providing the education-related service and boarding care, according to the period of service indicated in the contract.

6.The school providing the education shall invite the resident district to participate in the IEP or 504 or other planning meetings and shall maintain contact regarding the student's progress with the resident district and with the parents of the student during the year.

History

• General Authority: NDCC 15.1-29-14, 15.1-32-04, 15.1-32-09, 28-32-02
• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15; 20 USC 1400-1419 67-23-02-03.1. Building contracts for students with disabilities or students with a significant
• History: Effective October 1, 2024.
• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15, 15.1-32-16; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-04 Excess costs allowed under school-placed contracts for students with disabilities or students with a significant medical condition attending an in-state private or public school or an out-of-state public or private school

1.Excess costs allowed under school-placed contracts for students with disabilities or students with a significant medical condition partially reimbursable from state special education funds include:

a.Boarding care costs, including:

(1)Room costs;

(2)Nursing service (unless billed directly to the student);

(3)Child care;

(4)Central services and supply;

(5)Dietary services;

(6)Plant operation;

(7)Building maintenance and grounds;

(8)Housekeeping;

(9)Laundry and linen;

(10)Depreciation; and (11)Insurance.

b.Education, including salaries and employee benefits, which include teacher, coordinator, and instructional aide or general education paraprofessional.

c.Related services, including:

(1)Speech therapy;

(2)Physical therapy;

(3)Occupational therapy; and (4)Any other service required to assist a child with a disability designed to meet their individual needs.

d.Administrative salaries and benefits for:

(1)Special education director;

(2)Special education assistant director; and (3)Other special education central office staff.

History

• General Authority: NDCC 15.1-32-04, 15.1-32-09, 15.1-32-18, 28-32-02
• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15, 15.1-32-19; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-05 Additional staff for students with disabilities or a significant medical condition

The full cost of a paraprofessional, speech-language pathology paraprofessional, registered behavior technician, and special education may be claimed as an allowable cost under a school-placed contract as defined in the student's educational plan.

History

• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-06 Special education boarding care placement and reimbursement for students with disabilities or students with a significant medical condition

Educational boarding care placement for a student with disabilities or a student with a significant medical condition may be accomplished only through the recommendation of the IEP or 504 team.

Boarding care placement must be in a state-registered home or institution. Reimbursement is requested by the resident district through the local education agency for eighty percent of the cost of boarding care for the student.

History

• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15, 15.1-32-19; 20 USC 1400-1419

N.D. Admin. Code 67-23-02-07 Costs not allowed under school-placed contracts

Costs not allowed under contracts for school-placed students with disabilities or students with a significant medical condition are:

1.Medical services provided by a physician beyond diagnostic procedures;

2.Drugs and medication;

3.Incidental fees or personal equipment that are the responsibility of the parents of the students such as eyeglasses, a prosthesis,entertainment, or driver's education fees; and

4.Staff expenses including staff:

a.Travel; and

b.Education and training.

History

• General Authority: NDCC 15.1-32-04, 15.1-32-09, 15.1-32-18, 28-32-02
• Law Implemented: NDCC 15.1-29-14, 15.1-32-14, 15.1-32-15, 15.1-32-19; 20 USC 1400-1419

Chapter 67-23-03 Federal Funding for Special Education

N.D. Admin. Code 67-23-03-01 Definition

As used in this chapter, "excess costs" means those costs that are in excess of the average annual student expenditure in a local education agency during the preceding school year for an elementary or secondary school student.

History

• Law Implemented: NDCC 15-59, 15-59-05; 20 USC 1400-1419

N.D. Admin. Code 67-23-03-02 Application for federal funds under part B of IDEA

To apply for available federal funds, each district shall file forms provided by the department relative to the December child count requirement, the IDEA data reports, and the application form prescribed by the department.

1.The December child count requirement means reporting students who have an IEP, individualized service plan, or service plan for home education, and are receiving special education and related services as of December first of the current year.

2.The IDEA data reports mean the following:

a.Data on each student who exited special education during the past year; and

b.A report on special education and related services personnel needed and employed.

3.Applications for federal funds include collection of the following information:

a.Maintenance of effort, meaning expenditures from state and local sources for special education, for the most current three years;

b.Project participants;

c.Project narratives;

d.Budget summary;

e.Assurances; and

f.Required signatures.

History

• History: Effective February 1, 2000; amended effective January 1, 2008; January 1, 2022.
• General Authority: NDCC 15.1-32-09
• Law Implemented: NDCC 15.1-32-02, 15.1-32-07, 15.1-32-21; 20 USC 1400-1419

N.D. Admin. Code 67-23-03-03 Recovery of funds for misclassified children under part B of IDEA

1.The department shall seek to recover any funds made available under part B of IDEA as amended for services to any child who has been determined erroneously classified as eligible to be counted through the December first child count.

2.The department shall use the following procedures for implementing and monitoring child count:

a.The department shall review annually the federal part B of IDEA regulations for conducting a statewide child count;

b.The department shall send letters annually explaining December first child count procedures as required by part B of IDEA to all special education units;

c.Each local education agency shall respond to the request by submitting required data in an electronic format specified by the department;

d.Each individual responsible for collecting child count information shall verify to the best of the individual's knowledge that the child count is a true, accurate count by submitting a sworn affidavit;

e.Data must be edited through computer checks as well as visual scanning to identify errors. Each apparent error must be checked with the local education agency from which it was submitted and changes entered into a statewide child count data base;

f.The department shall compile all child count information on a federally required reporting form;

g.Child count information must be submitted by special education units for analysis and comparison of data to other records collected by the department containing numbers of served students with disabilities; and

h.The department must monitor procedures to verify accuracy of special education unit child counts as follows:

(1)A sample of students from the current child count must be selected, with an attempt made to include all categories of disability;

(2)The files of the selected students must be reviewed onsite for timeliness and completeness; and (3)Evidence of student eligibility must be based on the following criteria:

(a)The IEP must have been in effect and the child with disabilities receiving special education and related services at the time of the child count;

(b)That the child with disabilities has been evaluated and determined to be a child with a disability eligible to receive special education and related services; and (c)That the student was enrolled in school at the time of the child count.

3.The department shall request the special education units to return federal funds for all misclassified children who were included in the child count.

4.Funds for misclassified students must be returned to the department within thirty days of the department's notification to the special education unit.

5.The department shall request the return of federal per pupil allocations in a direct ratio to the percentage of error found during monitoring.

6.The request for return of funds may not be made without first affording the special education unit a review after reasonable notice has been given and the unit has had an opportunity to present information and data relating to the error calculation.

a.If the error is substantiated, the funds in question must be returned within thirty days of the request.

b.If the special education unit does not return the funds, the department shall suspend federal financial assistance immediately until the situation is corrected.

7.The department shall return all funds to the United States department of education office of special education programs for misclassified children who were included in the child count.

8.Final disapproval action may not be taken by the department on any applications submitted by a special education unit without first affording the applicant reasonable notice and opportunity for a hearing.

9.The following procedure, set forth under section 76.401 of the education department general administrative regulations as amended provides the procedures for an appeal:

a.The applicant must request the hearing of the department within thirty days of the action of the department;

b.Within thirty days after it receives a request, the department will request the assignment of an administrative law judge from the North Dakota office of administrative hearings, who shall hold a hearing on the record and shall review the department's action;

c.No later than ten days after the hearing by the administrative law judge, the administrative law judge shall issue a written ruling, including findings of fact and reasons for the ruling.

(1)If the administrative law judge determines that its action was contrary to state or federal statutes or regulations that govern the applicable program, the department shall rescind its action; or (2)If the department does not rescind its final action after a review, the applicant may appeal to the secretary of the United States Department of Education, 400 Maryland Avenue Southwest, Washington, DC 20202-0002. The applicant must file a notice of the appeal with the secretary within twenty days after the applicant has been notified by the department of the results of the department's review. For purposes of appeal, the notice must state a description of the violation, the corrective action sought by the department, and the relief sought by the applicant. If supported by substantial evidence, findings of fact of the department are final; and

d.The department shall make available at reasonable times and places to each applicant all records of the agency pertaining to any review or appeal the applicant is conducting under this section, including records of other applicants.

N.D. Admin. Code 67-23-03-04 Authorized use of part B of IDEA funds

1.After the special education unit has documented through an amendment to its current approved plan and on its part B of IDEA application for federal funds that it has met the excess costs and maintenance of effort requirements, the part B funds may be used for whatever special services and activities are necessary to meet the requirements of part B of the Individuals With Disabilities Education Act.

2.For purposes of this section, maintenance of effort means that funds provided to a local education agency under part B of IDEA may not be used to reduce the level of expenditures for the education of children with disabilities made by the local education agency from local funds below the level of those expenditures for the preceding fiscal year.

3.Any other use of funds under part B of IDEA unless expressly authorized by the department or the United States department of education is prohibited.

N.D. Admin. Code 67-23-03-05 Excess cost requirement under part B of IDEA

1.The excess cost requirement means that the local education agency must spend a certain minimum amount, as specified in part B of IDEA and as calculated in section 67-23-03-06, for the education of its disabled children before IDEA part B funds may be used.

2.After a local education agency has shown on an annual amendment to its current approved plan that, on the average, it has spent the minimum for the education of its children with disabilities, the local education agency has met the excess cost requirement and all additional costs are excess costs.

3.Part B of IDEA funds may then be used to pay for those additional costs.

N.D. Admin. Code 67-23-03-06 Recordkeeping for funds under part B of IDEA

A local educational agency shall keep records to show that it has spent at least the minimum amount or average amount determined through the formula process on the education of its students with disabilities. The formula process to determine the minimum or average amount is as follows:

1.Add all local educational agency expenditures in the preceding year, except capital outlay and debt service;

2.Subtract federal, state, and local funds spent in the preceding year for three categories of children disabled, educationally deprived, and bilingual; and

3.Divide the result by the average daily membership of students enrolled in the local educational agency, computing elementary and secondary into different computations.

N.D. Admin. Code 67-23-03-07 School district or organization opportunity for hearing under part B of IDEA

1.When a school district or organization has been notified that it is not compliant and is not eligible for funding under part B of IDEA, the school district or organization may request an opportunity for a hearing.

2.The request must be in writing to the superintendent within thirty days of the date of the department's notice of noncompliance and must include a description of the violation, corrective action required by the department, and the relief sought by the applicant.

3.The withholding of funding under part B of IDEA specified in the department's original notice must remain in effect as identified in the notice.

4.Upon receipt of the hearing request, the department will request the assignment of an administrative law judge from the North Dakota office of administrative hearings. The administrative law judge may modify, suspend, or keep in effect the withholding of funding under part B of IDEA specified in the original notice to the school district or organization until after the hearing and final decision.

5.Any final decision of the administrative law judge, which must contain findings of fact and reasons for the ruling, must be issued within thirty days of the request for a hearing, unless all parties are in agreement to a request for extension of the timeline.

History

• Law Implemented: NDCC 15-59-05, 15-59-05.1, 15-59-05.2; 20 USC 1413(c)(d)

Chapter 67-23-04 Special Education Dispute Resolution Options and Appeals [Repealed]

N.D. Admin. Code 67-23-04 Special Education Dispute Resolution Options and Appeals [Repealed]

CHAPTER 67-23-04

SPECIAL EDUCATION DISPUTE RESOLUTION OPTIONS AND APPEALS [Repealed effective January 1, 2008]

Chapter 67-23-05 Special Education Dispute Resolution

N.D. Admin. Code 67-23-05-01 Dispute resolution options under part B of IDEA

Federal law sets out the procedures for the following special education dispute resolution options: mediation, state complaint investigation, and due process. Specific information on these options may be found in the Individuals With Disabilities Education Improvement Act of 2004, Public Law 108-446 [118 Stat. 2647], 20 U.S.C. 1400 to 1419; at federal regulations implementing IDEA at 34 CFR part 300; and at the department's web site at https://www.nd.gov/dpi/education-programs/special-education.

History

• History: Effective January 1, 2008; amended effective April 1, 2021.
• Law Implemented: NDCC 15.1-32-02, 15.1-32-08, 15.1-32-12; 20 USC 1415

N.D. Admin. Code 67-23-05-02 Due process hearing under part B of IDEA

1.A due process hearing request must be made to:

Director of Special Education North Dakota Department of Public Instruction 600 East Boulevard Avenue, Dept. 201 Bismarck, ND 58505-0440

2.An administrative law judge from the office of administrative hearings shall conduct the due process hearing.

History

• History: Effective January 1, 2008.
• Law Implemented: NDCC 15.1-32-02; 20 USC 1415

N.D. Admin. Code 67-23-05-03 Facilitated IEP meeting

A school or a parent of a student with a disability may request a facilitated individualized education program meeting in the form and manner prescribed by the department. A facilitated IEP meeting may be requested after an individualized education program meeting has occurred in which a facilitator did not participate. If both the school and a parent of a student with a disability agree to participate in a facilitated individualized education program meeting, the department shall select and compensate a facilitator for the meeting. A person eligible to act as a facilitator must be knowledgeable and experienced in the IEP planning process, unaffiliated with any party, and neutral. The facilitator guides the IEP meeting to ensure that the meeting is focused on the student. The facilitator does not make decisions and does not provide legal advice.

History

• History: Effective January 1, 2008.
• Law Implemented: NDCC 15.1-32-02, 15.1-32-08, 15.1-32-12

Chapter 67-23-06 Response to Intervention

N.D. Admin. Code 67-23-06-01 Definitions

As used in this chapter, the following definitions apply:

1."Evidence-based practices" includes educational practices and instructional strategies that are supported by relevant scientific research studies.

2."Fidelity of implementation" means:

a.In the case of evidence-based practices, consistent and accurate implementation of a program following the program developer's specifications; and

b.In the case of the components of the response to intervention framework, that all components are implemented in accordance with nationally approved standards and the North Dakota department of public instruction.

3."Progress monitoring" and "standard protocol" means scientifically based processes used to monitor implementation of interventions by assessing a child's academic performance and evaluating the effectiveness of the instruction received by the child.

4."Universal screening" means a screening protocol is provided to all children at a grade level. It is the first stage in identifying or predicting children who may be at risk for poor learning outcomes.

N.D. Admin. Code 67-23-06-02 Use of response to intervention by local education agencies

1.A local education agency may adopt a response to intervention process and may choose to use the process to determine if a child has a specific learning disability consistent with 34 CFR 300.301-311. Prior to implementation of response to intervention during the evaluation of a student suspected of having a specific learning disability, a local education agency must demonstrate the completeness of its response to intervention process through:

a.Evidence of training in the components of the response to intervention framework;

b.Adoption of evidence-based curriculum, instruction, and interventions; and

c.Demonstration that its response to intervention process includes screening, diagnostic and progress monitoring assessments, and other elements of an approved national standard for the components of the framework.

2.The local education agency must provide documentation:

a.Of the time and frequency of the interventions;

b.That the programs used are evidence-based;

c.That the programs are implemented with fidelity; and

d.That the procedures are periodically reviewed and updated based on the evidence collected regarding their effectiveness in improving student achievement.

N.D. Admin. Code 67-23-06-03 Response to intervention - Components

Response to intervention is a schoolwide system designed to meet the needs of students using a tiered framework. Using response to intervention to evaluate for special education eligibility is one component of an overall system implementation process that includes leadership, communication with and involvement of parents, professional development, and fidelity of implementation of the process across all tiers. It is consistent with nationally recognized procedures and includes the following components:

1.Screening of all students that will identify students at risk of poor learning outcomes or challenging behaviors;

2.A multilevel prevention and intervention framework that is implemented schoolwide and is designed to prevent school failure;

3.Progress monitoring that is ongoing, occurs frequently, and is used to quantify rates of improvement and inform instructional practice and development of individualized programs; and

4.A data-based decisionmaking process that informs instruction, movement from tier to tier, and identification of children with specific learning disabilities.

N.D. Admin. Code 67-23-06-04 Parental notification

1.At the start of each school year, a local education agency using response to intervention to identify children with specific learning disabilities must provide parents with a description of the school's essential components of response to intervention.

2.Each school or district will have a mechanism for updating parents on the progress of their child who is receiving primary, secondary, or tertiary interventions.

3.Parents must be involved during the decisionmaking regarding participation of their child in the multilevel prevention and intervention framework.

History

• Law Implemented: NDCC 15.1-32-09; 20 USC 1400-1419; 34 CFR 300.311

N.D. Admin. Code 67-23-06-05 Eligibility determination for a specific learning disability

A local education agency determination that a child has a specific learning disability includes the results of supplemental instruction as demonstrated by written documentation describing:

1.The nature of the child's achievement concerns and lack of progress;

2.Documentation, including data from interventions;

3.An explanation of the scientifically research-based practices used in the determination;

4.An explanation of the exclusionary factors that are not related to a learning disability but may impinge on the child's performance; and

5.The need for special education.

N.D. Admin. Code 67-23-06-06 When evaluation is required

A local education agency must conduct an evaluation:

1.When a preponderance of the evidence indicates the child is not responding to interventions and a disability is suspected; or

2.When a parent requests an evaluation, unless the local education agency determines an evaluation is not warranted and gives the parent written notice of its determination.

Chapter 67-23-07 Postsecondary Transition Programs

N.D. Admin. Code 67-23-07-01 Definition

A "postsecondary transition program" is a degree, certificate, or nondegree program at an accredited postsecondary institution that is designed to support students with an intellectual or developmental disability who are seeking to continue academic, career and technical, and independent living instruction. The program must be consistent with the federal Higher Education Opportunity Act requirements for the degree, certificate, or program.

History

• Law Implemented: NDCC 15.1-32-21.1, Pub. L. 110-315

N.D. Admin. Code 67-23-07-02 Description of program

A postsecondary transition program:

1.Serves students with intellectual disabilities or developmental disabilities who:

a.Are at least eighteen years of age but have not reached the age of twenty-two;

b.Have graduated from high school in the state or obtained an equivalent degree; and

c.Enroll in a postsecondary transitional program at an institution of higher education;

2.Includes an advising and curriculum structure based upon individualized needs of the student;

3.Requires students with intellectual disabilities or developmental disabilities to participate on not less than a half-time basis as determined by the institution;

4.Provides individual supports and services for the academic and social inclusion of students with intellectual disabilities or developmental disabilities in academic courses, extracurricular activities, and other aspects of the institution of higher education's regular postsecondary program;

5.With respect to the students with intellectual disabilities or developmental disabilities, provides a focus on:

a.Academic enrichment, including access to inclusive college courses available to students without disabilities to the maximum extent possible;

b.Socialization in inclusive environments to the maximum extent possible;

c.Independent living skills, including self-advocacy skills; and

d.Integrated work experiences and career skills that lead to competitive integrated employment;

6.Integrates person-centered planning in the development of the course of study for each student with an intellectual disability or developmental disability; and

7.Creates and offers a meaningful credential for students with intellectual disabilities or developmental disabilities upon the completion of the postsecondary transition program.

History

• Law Implemented: NDCC 15.1-32-21.1

N.D. Admin. Code 67-23-07-03 Grant payments for postsecondary transition programs

1.In order to receive integrated formula payments as described in North Dakota Century Code

section 15.1-32-21.1, postsecondary transition programs must be:

a.Proven to be successful for students with intellectual and developmental disabilities; and

b.An established program with evidence of results.

2.The superintendent of public instruction shall review and approve postsecondary transitional programs and develop a system for the distribution of payments to the postsecondary transition program necessary to implement this section.

History

• Law Implemented: NDCC 15.1-32-21.1

Article 67-24 Summer Elementary School Programs

Chapter 67-24-01 Summer Elementary School Programs

N.D. Admin. Code 67-24-01-01 Eligibility and application

A school district must apply for and receive approval from the superintendent of public instruction for a summer elementary grades kindergarten through four school program or summer elementary grades five through eight school program. To be considered by the superintendent, an application must be received by the department fifteen days prior to the start of the program.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006;

N.D. Admin. Code 67-24-01-02 Application

Repealed effective January 1, 2010.

N.D. Admin. Code 67-24-01-03 Courses - Summer elementary school grades kindergarten through four program

The delivery of courses in the summer elementary school grades kindergarten through four program must be developmentally appropriate instruction in reading and mathematics, which enables students to achieve challenging academic standards. All courses in the summer elementary school grades kindergarten through four program must meet the following criteria:

1.Each course must be part of the elementary curriculum as adopted by the school board and must be offered and available to all elementary students.

2.Each course must be selected from courses listed in the department of public instruction's course codes and descriptions available on the department's website.

3.Teachers must be licensed to teach or approved to teach in accordance with North Dakota Century Code section 15.1-06-06.

The delivery of courses provided to students enrolled in grades five through eight may include mathematics, reading, science, and social studies. All courses offered to students enrolled in grades five through eight must:

1.Be part of the grades five through eight school curriculum as adopted by the school board and must be offered and available to all grades five through eight school students.

2.Be selected from courses listed in the department of public instruction's course codes and descriptions available on the department's website.

3.Be taught by teachers licensed to teach or approved to teach in accordance with North Dakota Century Code section 15.1-06-06.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006;
• Law Implemented: NDCC 15.1-06-06, 15.1-21-16, 15.1-27-19 67-24-01-03.1. Courses - Summer elementary school grades five through eight program.
• History: Effective January 1, 2010; amended effective October 1, 2021.

N.D. Admin. Code 67-24-01-04 Scheduling

Summer elementary school grades kindergarten through four programs and summer elementary grades five through eight school programs must be conducted between the closing date of the regular school year and the beginning date of the next regular school year.

1.Elementary students must be enrolled:

a.For a minimum of sixty hours in mathematics;

b.For a minimum of sixty hours in reading; or

c.For a minimum of thirty hours in mathematics and thirty hours in reading.

2.Elementary grades five through eight school students must be enrolled:

a.For a minimum of sixty hours in mathematics;

b.For a minimum of sixty hours in reading;

c.For a minimum of sixty hours in science;

d.For a minimum of sixty hours in social studies; or

e.For a minimum of two 30-hour segments in mathematics, reading, science, or social studies.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006;

N.D. Admin. Code 67-24-01-05 Students

Students must be in kindergarten through grade eight based upon the grade they have actually attained at the time the course is taken for the district to qualify for proportionate payments.

1.Any grade kindergarten through four student is eligible to attend summer school reading or mathematics.

2.Any grade five through eight student is eligible to attend summer school reading, mathematics, science, and social studies.

3.No more than twenty-five students may be served by one licensed teacher in grades kindergarten through four courses.

4.No more than twenty-five students may be served by one licensed teacher in summer school grades five through eight reading, mathematics, science, or social studies courses.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006;
• Law Implemented: NDCC 15.1-21-16, 15.1-27-06(6), 15.1-27-19

N.D. Admin. Code 67-24-01-06 Monitoring

The department of public instruction may monitor the summer programs by conducting onsite visits.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; October 1, 2006.
• Law Implemented: NDCC 15.1-27-19

N.D. Admin. Code 67-24-01-07 Cooperative programs

School districts may develop cooperative programs with other school districts. Documentation of tuition agreements must be completed and approved by the districts involved prior to the start of the summer program and must be available for review by department monitors.

History

• History: Effective February 1, 2000; amended effective October 1, 2006.
• Law Implemented: NDCC 15.1-27-19

N.D. Admin. Code 67-24-01-08 Payments

Summer school payments will be made through the state school aid system based on the number of full-time equivalent students enrolled in summer courses multiplied by the weight for summer education programs in North Dakota Century Code section 15.1-27-03.1. Full-time equivalent students are determined for all courses by dividing the total membership hours by one hundred twenty hours and multiplying by .25.

History

• History: Effective February 1, 2000; amended effective November 1, 2002; January 1, 2010.
• Law Implemented: NDCC 15.1-21-16, 15.1-27-03.1, 15.1-27-19

Article 67-28 English Language Learner Programs

Chapter 67-28-01 English Language Learner Programs

N.D. Admin. Code 67-28-01-01 Responsibilities of all school districts

Every school district shall:

1.Provide a written assurance to the department that it has a policy for providing alternative language services in compliance with North Dakota Century Code chapter 15.1-38, regarding English language learner instruction. The assurance must be made in the form and manner and at intervals prescribed by the department.

2.Designate a program representative who serves as a contact for English language learner student services and data. The school district must report the designated program representative's status in a manner and at intervals prescribed by the department, consistent with the department's fall reporting requirements.

3.Develop a plan to identify and assess the language proficiency of students who have a primary language other than English or come from an environment in which a language other than English significantly impacts the student's level of English language proficiency. The plan must incorporate participation in the North Dakota English language proficiency assessment program and the North Dakota state assessment program for academic achievement.

N.D. Admin. Code 67-28-01-02 Options for compliance

A school district may choose one of the following options as a means of complying with the requirements of this chapter:

1.The school district may adopt and implement its own program;

2.The school district may participate in a program through a multidistrict association; or

3.The school district may pay tuition and other costs as agreed to by cooperating districts for its English language learners to participate in the program of another school district or multidistrict association of school districts.

A school district or multidistrict association of school districts may consider providing services through any delivery method not contrary to state law that is consistent with the program model adopted by the school district or multidistrict association of school districts and may consider providing services by means of classroom or individual instruction and distance learning options, including interactive video and computer instruction.

History

• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 15.1-38-01

N.D. Admin. Code 67-28-01-03 Assessment of English language learners - Classification

1.The assessment process shall follow the North Dakota English language proficiency assessment program. The English language proficiency assessment process must be supervised by a teacher of English as a second language or a bilingual education teacher. A school district may use a screening protocol prior to conducting the assessment. Criteria for the screening protocol may include observation, a checklist, writing samples, and other indicators of language proficiency.

2.The assessment process will result in classification of the student by determining whether the student has preliterate - level I, beginning - level II, intermediate - level III, basic - level IV, or proficient - level V English language skills.

History

• Law Implemented: NDCC 15.1-38-01, 15.1-38-02, 15.1-38-03

N.D. Admin. Code 67-28-01-04 Eligibility for English language learner services

To be eligible for English language learner services, a student must:

1.Be at least five years of age, but must not have reached the age of twenty-two;

2.Be enrolled in a school district in North Dakota;

3.Have a primary language other than English or come from an environment in which a language other than English significantly impacts the individual's level of English language proficiency; and

4.Have difficulty speaking, reading, writing, and understanding English as shown by assessment results.

History

• Law Implemented: NDCC 15.1-27-12, 15.1-38-01, 15.1-38-02

N.D. Admin. Code 67-28-01-05 Individualized language plan - Parent communication

1.The school shall convene a team of persons to review the language and educational needs of each student whose assessment results show the student is eligible for English language learner services. The team may be known as the "language support team". The team shall include a teacher of English as a second language or a bilingual teacher and a person with the authority to commit resources necessary to deliver the plan. The team may include other individuals involved with the student's instruction, such as a classroom teacher or paraprofessional. The school shall invite the student's parent or guardian to be a team member. The team shall develop an individualized language plan for the student based on the student's language proficiency and academic achievement and on alternative language services being provided.

2.The individualized language plan must be written and implemented. In developing the written individualized language plan, the language support team shall consider:

a.The background of the student and a description of the student's needs;

b.Goals and objectives for improving English language proficiency and its relationship to academic achievement;

c.Specialized language instruction to be provided to the student, including type of service and amount of service time;

d.Related services to be provided to the student, if any;

e.Appropriate instructional strategies to be used in the general education classroom; and

f.Accommodations, if any, for instruction and assessment.

3.While the student is enrolled in the school district, the student's individualized language plan and classification must be reviewed annually until the student has been reclassified as proficient by the language support team.

4.The school district shall inform the student's parents or guardians how they may be involved in their child's program of English language acquisition, including periodic progress reporting.

The school district shall provide information at least annually to the student's parents or guardians on the progress of the student's language proficiency and academic achievement and on alternative language services being provided. The information must be provided, to the extent practicable, in a language the parents or guardians can understand.

History

• Law Implemented: NDCC 15.1-38-01, 15.1-38-02, 15.1-38-03

N.D. Admin. Code 67-28-01-06 Requirements of English language learner program

An English language learner program must:

1.Provide alternative language instruction that is based on research and effective practice;

2.Provide an alternative language curriculum, including materials and resources, that is based on North Dakota English language proficiency and academic content standards, is consistent with the school district's program model, and is appropriate for the identified student population;

3.Use instructional facilities that are comparable to that provided for non-English language learner students and may not unreasonably segregate English language learners;

4.Provide alternative language instruction by or under the supervision of a licensed teacher who holds an endorsement from the North Dakota education standards and practices board in English as a second language or bilingual education or a major in teaching English as a second or other language;

5.Incorporate administrative oversight by a program director with an administrative credential.

The school district must report the director's status in a manner and at intervals prescribed by the department, consistent with the department's fall reporting requirements; and

6.Incorporate a systematic evaluation and reporting plan that uses both summative and formative methods of data collection and evaluation and that is consistent with federal requirements on data collection and reporting.

N.D. Admin. Code 67-28-01-07 Department of public instruction responsibilities - Advisory committee

1.The department of public instruction administers English language learner programs, including distribution of state funding, monitoring of school programming, coordinating the English language learner program advisory committee, providing consultative services and technical assistance to schools, and updating and evaluating the North Dakota English language proficiency standards and assessment.

2.The superintendent shall appoint an advisory committee to be known as the English language learner program advisory committee to advise the superintendent and program personnel on matters related to English language learner programs and the North Dakota English language proficiency assessment. The committee shall make recommendations on the development of rules and guidance documents, program standards, student instruction, and the English language proficiency assessment program. Any significant changes to the rules, standards, and assessment program shall be brought before the committee for review and recommendation. The superintendent may consider nominations for committee membership from schools, education organizations, institutions of higher education, community-based organizations, parents, and others. The superintendent may develop protocols for meetings and other aspects of committee functioning.

N.D. Admin. Code 67-28-01-08 Eligibility for funding - Application process

1.To be eligible for payment for an English language learner program, a school district must provide a program of instruction for English language learners that meets the requirements of this chapter. The school district must also submit an application in the form and manner prescribed by the department. Applications are due by December first.

2.School districts applying as a multidistrict association of school districts may submit one application. An application submitted by a multidistrict association of school districts must include a signature from each member school district. The application must include a plan for management of funding and services. Payments will be made to individual school districts.

3.A year-end report must be submitted to the department in the form and manner prescribed by the department. School districts that have applied as a multidistrict association of school districts may submit one year-end report on behalf of all member districts.

4.A school district may apply for funding for English language learner students that are enrolled as a member of the school district on December first or had been enrolled as a member of the school district but left the district before December first. Students who have been members of more than one school district prior to December first shall be considered members of the most recent district for payment purposes.

History

• Law Implemented: NDCC 15.1-27-12, 15.1-38-01, 15.1-38-02

Article 67-29 Armed First Responder Program

Chapter 67-29-01 Armed First Responder Program

N.D. Admin. Code 67-29-01-01 Purpose

The purpose of the armed first responder program is to give local school boards the ability to decide if an armed first responder will be a part of their school safety plan. The armed first responder program may include an individual carrying a concealed firearm or dangerous weapon as defined by North Dakota Century Code section 62.1-01-01 on school premises, but also requires the school to:

1.Work closely with local law enforcement and the department of emergency services' division of homeland security;

2.Identify school crisis and emergency threats and risks through a comprehensive emergency operations assessment; and

3.Participate in annual active shooter training.

N.D. Admin. Code 67-29-01-02 Participation

Any public or nonpublic school wanting to participate, with permission and approval from their school board or governing body, shall submit a letter of intent to the superintendent of public instruction indicating its intent to participate in an armed first responder program.

N.D. Admin. Code 67-29-01-03 Intent

The letter of intent must be comprised of a short statement that describes the school's intention to participate in the implementation of an armed first responder program and official approval of the school board or governing board. Meeting minutes that include discussion and approval of the armed first responder program and signed by the president of the school board and superintendent or chair of the governing board and the chief executive officer will suffice as official approval and must be included with the letter of intent. The letter of intent may be mailed or submitted by electronic mail to the director of the office of school approval and opportunity. Once the letter of intent is received by the superintendent of public instruction, the submitting school, within ninety days, shall:

1.Identify the armed first responder;

2.Begin or complete a comprehensive emergency operations assessment, deemed approved by the department of emergency services, homeland security division, or have completed an assessment within three years prior to the submission of the letter of intent to the superintendent of public instruction. The purpose of the assessment is to identify school crisis and emergency threats and risks;

3.Submit the planning proposal as required for the armed first responder program in section 67-29-01-04.

N.D. Admin. Code 67-29-01-04 Proposed plan

1.Within ninety days of submitting the letter of intent pursuant to section 67-29-01-03, the submitting school shall submit a proposed plan to the superintendent of public instruction. The proposed plan must be mailed or submitted by electronic mail to the director of the office of school approval and opportunity.

2.To be considered for approval, the proposed plan must include a description of the overall safety plan of the submitting school that is comprised of, at a minimum, the following required criteria:

a.The training for the armed first responder defined in subsection 7 of North Dakota Century Code section 62.1-02-14;

b.A comprehensive emergency operations assessment deemed approved by the department of emergency services, homeland security division for the purpose of identifying school crisis and emergency threats and risk;

c.Informing local law enforcement, in writing, of the name of the armed first responder;

d.Response time from local law enforcement;

e.Training with armed first responder and local law enforcement to provide a coordinated response, in the event of a school emergency, to building lockdown and active assailant events;

f.Annual active shooter trainings for the district and annual armed first responder recertification;

g.Developing a strategy for lockbox if one is going to be used;

h.Approving a posttraumatic stress disorder treatment program for armed first responder;

i.Approval of proposed plan by local law enforcement; and

j.Armed first responder eligibility requirements are all met.

3.The proposed plan must include a narrative of the status of completion of each required criteria. Estimated dates of completion must be included for the required criteria that are not completed.

4.The superintendent of public instruction may approve the proposal, reject the proposal, or work with the submitting school to modify the proposal to conform to the requirements herein.

N.D. Admin. Code 67-29-01-05 Eligibility requirements for armed first responder

An individual selected to become an armed first responder for a school participating in the program:

1.Must be a law enforcement officer who has retired within the previous three years or completed the training, education, and firearm qualifications necessary to return to employment as law enforcement or an individual who meets the training criteria set forth in subsection 7 of North Dakota Century Code section 62.1-02-14;

2.Must be a United States citizen;

3.Must be at least twenty-one years of age;

4.Must be a high school graduate or state recognized equivalent;

5.Shall complete a criminal background check and be approved by local law enforcement agencies with jurisdiction over the school premises where the individual will be an armed first responder;

6.Shall successfully complete a physical and mental evaluation provided by individuals mentioned in subdivision f of subsection 8 of North Dakota Century Code section 62.1-02-14;

7.Shall complete a faculty and administrator safety training and emergency response program that includes training in:

a.Armed response;

b.Crisis management; and

c.Automated external defibrillator, cardiopulmonary resuscitation, and stop bleeding during an emergency;

8.Must have approval from the school board or governing body to carry a firearm concealed on school property;

9.Must possess a valid class 1 firearm license from the state of North Dakota; and

10.May not be directly responsible for the supervision of children while serving as an armed first responder. An individual directly responsible for the supervision of children is an adult with primary responsibility, as assigned by the school board or school board designee, for observing and directing the actions of children.

N.D. Admin. Code 67-29-01-06 Final plan approval

1.Prior to submission for final approval, the plan must be approved by local law enforcement.

Upon completion of all required criteria and receipt of approval from local law enforcement, the plan must be submitted to the superintendent of public instruction for final approval. The plan may be submitted, via mail or electronic mail to the director of the office of school approval and opportunity. The plan must attest to the completion of the required criteria and indicate the date each such criteria was completed. The plan must include the signature of an individual authorized by local law enforcement confirming approval of the plan.

2.Once the plan is submitted and approved by the department of emergency services' division of homeland security, and the superintendent of public instruction, the submitting school or district may implement the armed first responder program in accordance with the plan.

3.The superintendent of public instruction may revoke any plan approved under North Dakota Century Code section 62.1-02-14 if the superintendent of public instruction, in consultation with the department of emergency services and the attorney general, determines the school has failed to perform in accordance with the agreed upon terms of the approved plan or failed to meet the requirements of this section.

N.D. Admin. Code 67-29-01-07 Plan changes after approval

1.Any change to an approved plan relating to the individual designated by the school to serve as an armed first responder under the plan or to the location of a lockbox on school property must be reported by the school to local law enforcement no later than the next business day following the change. The school's armed first responder program will be suspended temporarily until the school receives approval of the change from local law enforcement.

2.If a school modifies any of the required criteria of an approved plan, including a change to the individual designated as an armed first responder under the plan or the location of a lockbox on school property, the school shall submit the modified plan to the superintendent of public instruction within thirty days of modification.

3.The modified plan must be approved by the superintendent of public instruction and the department of emergency services' division of homeland security. The school may continue to implement the armed first responder program as set forth in the modified plan while awaiting approval from the superintendent of public instruction and the department of emergency services' division of homeland security provided the school has received any approval by local law enforcement required by this section.

N.D. Admin. Code 67-29-01-08 Program evaluation data

1.Any public or nonpublic school with an approved armed first responder program shall submit program evaluation data to the superintendent of public instruction upon request.

2.Each year, within thirty days prior to the anniversary of the effective date of an approved plan, the school shall submit to the superintendent of public instruction confirmation of armed first responder recertification and completion of active shooter training. Failure to provide this data may result in program suspension or termination.

3.The occurrence of any of the following events requires automatic data submission, within five business days, to the superintendent of public instruction:

a.The school or district terminates the armed first responder program;

b.An incident that causes a firearm to not be under direct control of the armed first responder or in the lockbox as required by the school's plan; or

c.If a firearm is discharged on school property.

Article 67-30 Virtual Learning

Chapter 67-30-01 Virtual Learning Because of Weather or Other Conditions

N.D. Admin. Code 67-30-01-01 Definitions

As used in this chapter:

1."Cancel hours of instruction" means that a school district or nonpublic school has decided not to hold in-person instruction for all or part of a previously scheduled school day. This may include one or more students not being able to attend school due to extenuating circumstances because of weather or other conditions.

2."Virtual instruction" means teaching and learning that takes place remotely and can be synchronous or asynchronous.

3."Weather or other conditions" means inclement weather, other unforeseen circumstances that render the school building unusable or inaccessible, or other conditions that temporarily warrant remote instruction.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4

N.D. Admin. Code 67-30-01-02 Local policy

If the board of a school district or governing board of a nonpublic school that operates a physical plant chooses to provide virtual instruction when the decision is made to cancel hours of instruction because of weather or other conditions, that board shall adopt a local policy to define those procedures. Instruction under this chapter is limited to nine calendar weeks. If, due to extenuating circumstances because of weather or other conditions, the building closure lasts longer than nine calendar weeks, the school district or nonpublic school shall contact the department of public instruction to request an extension.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4, 15.1-27-23

N.D. Admin. Code 67-30-01-03 Average daily membership payments

1.In order to receive average daily membership payments for days covered under this chapter, school districts shall provide virtual instruction based on the policy approved by the local school board or governing board of a nonpublic school.

2.The school district shall determine the method of virtual instruction provided to students on days of virtual instruction when the decision is made to cancel hours of instruction because of weather or other conditions.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4, 15.1-27-23

N.D. Admin. Code 67-30-01-04 Reporting days of virtual learning under this chapter

At the conclusion of each school year, the school district or nonpublic school shall report in the manner required by the superintendent of public instruction the days in which virtual instruction was provided under this chapter.

History

• Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4

Chapter 67-30-02 Virtual Schools

N.D. Admin. Code 67-30-02-01 Definitions

As used in this chapter:

1."Academic pacing guide" means a document created or adopted by the school district or nonpublic school which outlines the amount of course content covered during each portion of the school year.

2."Educational equity" means every student has access to the resources and educational rigor they need at the right moment in their education regardless of race, gender, ethnicity, language, disability, family background, or family income.

3."Virtual instruction" means teaching and learning that takes place through digital means and can be synchronous or asynchronous.

4."Virtual school" means an educational institution operated by a school district or nonpublic school in this state which offers virtual instruction. Virtual schools generally do not maintain a physical facility, and students and teachers are geographically remote from one another.

N.D. Admin. Code 67-30-02-02 General provisions

1.If the board of a school district or governing board of a nonpublic school that operates a physical plant chooses to provide virtual instruction under North Dakota Century Code sections 15.1-06-04 and 15.1-07-25.4 as part of a virtual school, that board shall adopt a local policy relating to virtual instruction.

2.Virtual instruction under this chapter may be only conducted as part of a virtual school.

3.Virtual schools under this chapter may not be established for temporary purposes.

N.D. Admin. Code 67-30-02-03 Local policy

Local policy regarding virtual schools must address:

1.Procedures for transferring into or out of the virtual school.

2.Procedures for engaging parents or legal guardians to assist in making the decision to enroll students in the virtual school.

3.Attendance policies for the virtual school, in accordance with section 67-30-02-05.

4.Standards and curriculum for virtual instruction, in accordance with section 67-30-02-06.

5.Procedures for standards-based professional development specific to virtual learning and support for virtual school staff.

6.Educational equity needs of all students enrolled in the virtual school.

7.Cost-sharing agreements with other school districts.

8.Procedures for child find and evaluation obligations under requirements of Public Law No. 94-142 [89 Stat. 773] and section 504 of the Rehabilitation Act of 1973, as amended.

9.Procedures for administering annually administered statewide summative assessments.

N.D. Admin. Code 67-30-02-04 Approval of virtual schools

1.No later than June first prior to the school year that a virtual school is to begin operating, the board of the school district or governing board of a nonpublic school shall submit the following to the superintendent of public instruction:

a.Approved school board minutes establishing local policy on virtual schools; and

b.Approved school board minutes stating the name and grade configuration of the virtual school.

2.In the event of an extenuating circumstance, the superintendent of public instruction may accept approved school board minutes for virtual schools after June first.

N.D. Admin. Code 67-30-02-05 Attendance

Virtual schools shall measure student attendance based on course content that the student has completed according to academic pacing guides. Academic pacing guides, as well as the amount of content that is comparable to a day of instruction, must be determined at the discretion of the board of the school district or the governing body of the nonpublic school.

N.D. Admin. Code 67-30-02-06 Standards

When operating a virtual school, the board of a school district or governing board of a nonpublic school shall address how quality virtual instruction is being provided through adoption of quality virtual learning standards.

Article 67-31 Reading Curriculum

Chapter 67-31-01 Professional Development for Grades Kindergarten Through Three Reading

N.D. Admin. Code 67-31-01-01 Definitions

1."Comprehension" means the process by which a reader thinks about written language to extract and construct meaning through integration with the reader's prior knowledge and experiences.

2."Fluency" means the ability to read accurately, with expression, and at a rate that supports deep understanding.

3."Mastery" means the successful demonstration of knowledge in the areas of reading competency described in this section.

4."Phonemic awareness" means the ability to identify and manipulate individual sounds, called phonemes, in spoken words.

5."Phonics" means the alphabetic letter-sound correspondences used in reading, writing, and spelling.

6."Systematic direct instruction" means the carefully planned sequence of instruction with organization of material that follows a developmentally appropriate order within a pre-established routine. Systematic direct instruction is explicit, follows a gradual release process, and allows opportunities for practice and feedback.

7."Teacher-approved professional development" means professional development identified and organized through the collaboration of district teachers and administrators.

8."Vocabulary" means the knowledge of, and memory for word meanings which include receptive and expressive skills in the areas of reading, writing, speaking, and listening.

N.D. Admin. Code 67-31-01-02 Professional development required

1.Pursuant to subsection 2 of North Dakota Century Code section 15.1-21-12.1, beginning with the 2022-23 school year, each teacher and principal serving students in grades kindergarten through three in a public or nonpublic school shall have attended teacher-approved professional development training described in subsection 1 of North Dakota Century Code

section 15.1-21-12.1, or demonstrate mastery in the topics provided in that subsection.

2.Pursuant to subsection 2 of North Dakota Century Code section 15.1-21-12.1, beginning with the 2022-23 school year, each teacher and principal newly hired to serve students in grades kindergarten through three in a public or nonpublic school shall complete teacher-approved professional development training described in subsection 1 of North Dakota Century Code

section 15.1-21-12.1 within one year of first-year placement, or demonstrate mastery in the topics provided in that subsection.

3.Required trainings must have occurred on or later than July 1, 2018.

4.Teachers and principals that successfully completed reading training in accordance with North Dakota Century Code section 15.1-13-35.1 are considered to have met the training requirements of this section.

N.D. Admin. Code 67-31-01-03 Implementation and compliance

1.School districts and nonpublic schools shall choose curriculum and curricular resources meeting the focus areas listed in subdivision b of subsection 1 of North Dakota Century Code

section 15.1-21-12.1.

2.Each school district or nonpublic school shall ensure compliance of this section in a manner determined by the superintendent of public instruction.

3.The department shall collect assurances of school districts and nonpublic schools to ensure compliance with subsection 4 of North Dakota Century Code section 15.1-21-12.1.

4.During the monitoring process, the school district or nonpublic school shall report the following information regarding this chapter in a manner determined by the superintendent of public instruction:

a.Reading curriculum and instruction;

b.Professional development and training offered for grades kindergarten through three, or demonstrated mastery of literacy topics by teachers and principals; and

c.Assessment instruments to diagnose reading development and comprehension.

5.School districts and nonpublic schools shall report information required in subsection 4 annually to the department on the first day of October, unless the school district or nonpublic school meets the requirements of subsection 6.

6.School districts and nonpublic schools that have submitted satisfactory information required under subsection 4 and subsection 5 may be awarded an exemption from the additional annual reporting requirements of subsection 5 for a period of up to three years. Satisfactory information may include student outcome reading proficiency data collected using the assessment instrument to diagnose reading development and comprehension, such as the screening measures given three times per year in kindergarten through grade three.

Article 67-32 Critical Race Theory

Chapter 67-32-01 Local Policy for Curriculum Review

N.D. Admin. Code 67-32-01-01 Adoption of local policy for curriculum review

1.For purposes of this chapter, "critical race theory", as defined in North Dakota Century Code

section 15.1-21-05.1, means the theory that racism is not merely the product of learned individual bias or prejudice, but that racism is systematically embedded in American society and the American legal system to facilitate racial inequality.

2.The board of each school district shall adopt a policy related to critical race theory, as defined in North Dakota Century Code section 15.1-21-05.1 and subsection 1.

3.A policy adopted under this section must:

a.Allow curriculum, resources, and instructional materials to be made available for public viewing upon request, and include the timeline involved in viewing materials;

b.Include the process or mechanism for curriculum, resources, and instructional materials to be viewed by the public;

c.Include the process for addressing issues found to violate North Dakota Century Code

section 15.1-21-05.1 and subsection 1; and

d.State that the board of the school district shall ensure district-led or district-sponsored professional development complies with North Dakota Century Code section 15.1-21-05.1 and subsection 1.

History

• History: Effective January 1, 2023.
• General Authority: NDCC 15.1-21-05.1, 28-32-02
• Law Implemented: NDCC 15.1-21-05.1

Article 67-33 Interim Assessment

Chapter 67-33-01 State-Approved Interim Assessment List

N.D. Admin. Code 67-33-01-01 Definitions

1."State-approved list", for purposes of this chapter, means a list of vendors who administer interim assessments and meet the selection and approval criteria created by the superintendent of public instruction.

2."Interim assessment" means assessments administered during instruction to evaluate students' knowledge and skills relative to North Dakota educational content standards to inform policymaker or educator decisions at the classroom, school, or district level.

N.D. Admin. Code 67-33-01-02 Selection and approval criteria

Any interim assessment vendor serving public school districts must meet the following criteria to be selected as a state-approved interim assessment vendor and placed on the state-approved interim assessment list. It is a shared responsibility between the interim assessment vendor and the school district to ensure that all kindergarten through tenth grade interim assessment data are being shared with the statewide longitudinal data system.

1.Interim assessment vendors must electronically share assessment data with the statewide longitudinal data system within thirty days of administering the assessments and in a format compatible with the statewide longitudinal data system. Interim assessment data sharing can occur in two different ways:

a.The vendor shares a statewide file with the state for use in the statewide longitudinal data system that consists of all school districts in the state that they serve. The datasharing agreement would allow access to that school district's portion of the state file.

b.The vendor shares individual school district files with the state for use in the statewide longitudinal data system.

2.Interim assessment vendors must disclose if any large-scale student data breaches, related to their interim assessment products, have taken place in the previous three years. If there has been a large-scale data breach in the previous three years, the interim assessment vendor must explain the severity, number of students involved, and if any North Dakota schools or students were involved.

3.The interim assessment vendor must adhere to all state and federal student data privacy laws.

4.Interim assessment vendors must make training and support available to school districts on how to administer interim assessments.

5.Interim assessment vendors must publicly share their process and timeline to update and improve their interim assessment. Information to be shared includes a psychometric review for validity and reliability, by the vendor or outside evaluator, in relation to the North Dakota educational content standards.

N.D. Admin. Code 67-33-01-03 Selection and approval process

Data-sharing agreements between the school district, vendor, and statewide longitudinal data system must be in place. This must occur to ensure compliance with subsection 4 of North Dakota Century Code section 15.1-21-17.1. It is the responsibility of the school district to ensure an updated data-sharing agreement is in place. An interim assessment vendor must follow the process described in this section to be considered for placement on the state-approved list:

1.Contact the North Dakota department of public instruction to retrieve the approval form that interim assessment vendors must complete. This approval form will also be available on the department's website.

2.Complete the approval form. The approval form will:

a.Include assurances for items listed under section 67-33-01-02.

b.Require a signature from someone with vendor signature authority.

c.Require contact information to be shared with the department.

3.Submit the approval form via the instructions on the form itself. The department of public instruction will then review the approval form and inform the vendor of its status within thirty days.

N.D. Admin. Code 67-33-01-04 List creation, maintenance, and tracking

When interim assessment vendors are approved they will be added to the state-approved interim assessment list. The list will be created and maintained by the department of public instruction and will be available on the department's website and available to be shared upon request. The superintendent of public instruction has the authority to remove vendors if they are not in compliance with the criteria in this chapter. The department of public instruction and the North Dakota information technology department will work together to track school districts and interim assessment vendors who are and are not in compliance with this chapter. The state will provide feedback to the interim assessment vendors about data-sharing agreements and the usefulness of the interim assessment data. If data are found to be of little value or low quality, the superintendent of public instruction has the authority to remove vendors from the list.

Article 67-34 Mathematics Curriculum

Chapter 67-34-01 Professional Development for Grades Kindergarten Through Eight Mathematics

N.D. Admin. Code 67-34-01-01 Definitions

1."Characteristics of dyscalculia or mathematics deficiencies" means learning difficulties that impact a student's ability to understand, recall, and apply mathematical concepts and procedures.

2."Competencies" means the essential skills for mathematical reasoning and problem solving, including problem solving, connections, and reasoning and proof.

3."Differentiated instruction" means tailored instructional methods designed to meet the diverse learning needs of students by adjusting content, process, product, or learning environment.

4."Direct and explicit instruction" means a structured, systematic approach to teaching that clearly demonstrates and explains mathematical concepts and procedures.

5."Evidence-based instruction" means teaching methods and practices that are grounded in systematic research and proven to be effective in improving mathematical learning outcomes.

6."Evidence-based programming" means a systematic approach to developing and implementing programs, including instructional approaches, adopted curricula, and intervention programs, that are proven effective through rigorous research and evaluation.

7."Formative assessments" means tools used to monitor student learning progress at regular intervals, guiding instructional adjustments and targeted interventions.

8."Foundational skills" means the basic mathematical concepts and operations necessary for higher-level math learning, including numbers and operations, algebraic reasoning, geometry and measurement, and data, probability, and statistics.

9."High-quality instructional materials" means resources designed to effectively support student learning by aligning with state standards, incorporating evidence-based practices, and providing comprehensive support for teachers and students.

10."High-quality supplemental materials" means instructional resources or tools that incorporate evidence-based instructional strategies to support mathematics development and are aligned to the 2023 North Dakota Mathematics Content Standards.

11."Mastery" means the successful demonstration of knowledge in the areas of mathematics competency described in this section.

12."Math pedagogy" means the methods and approaches teachers use to teach mathematics.

13."Mathematics intervention program" means a research-based program aimed at providing additional support to students identified as needing help in mathematics proficiency.

14."Teacher of mathematics" means classroom teachers, special education teachers, or interventionists who have the primary duty of teaching mathematics.

N.D. Admin. Code 67-34-01-02 Professional development required

1.Each teacher of mathematics and principal serving students in kindergarten through grade eight in a public or nonpublic school shall attend ongoing professional development training focused on best practices in mathematics instruction, including:

a.Explicit and differentiated instruction;

b.Data-driven decisionmaking; and

c.Evidence-based programming on mathematics aligned with the 2023 North Dakota Mathematics Content Standards.

2.The department may provide a list of suggested and approved training.

3.Newly hired teachers and principals serving students in kindergarten through grade eight shall begin the professional development training described in subsection 1 within one year of firstyear placement.

4.Required trainings must have occurred on or later than July 1, 2023 and be approved by the superintendent.

5.For teachers and principals of students in grades four through eight beginning in 2025 and grades kindergarten through three beginning in 2027, the successful completion of mathematics training in accordance with North Dakota Century Code section 15.1-21-12.2 meets the training requirements of this section.

N.D. Admin. Code 67-34-01-03 Research-based intervention program

1.A research-based mathematics intervention program is a program designed to provide supplemental, targeted instruction to students identified as needing additional support in mathematics proficiency.

2.Any intervention program implemented in North Dakota public or nonpublic schools must meet the following criteria:

a.Be evidence based and research supported, with documentation demonstrating effectiveness in improving student mathematics outcomes.

b.Be aligned with the North Dakota Mathematics Content Standards and complement tier I core mathematics instruction.

c.Include built-in progress monitoring tools or formative assessment capabilities to inform instruction and measure student growth over time.

d.Provide embedded supports for students with disabilities and multilingual learners, as applicable.

e.Offer professional development and implementation guidance for educators to support program fidelity.

f.Be adopted and approved by the local school board.

3.The department shall create and maintain a list of suggested research-based mathematics intervention programs. The list must be made available publicly on the department's website and upon request. To be considered for placement on the state-suggested list, the intervention program vender shall:

a.Contact the department or visit the department's website to retrieve the application form.

b.Complete the application form, which must:

(1)Include assurances for items listed under this section.

(2)Require a signature from someone with vendor signature authority.

(3)Require contact information to be shared with the department.

c.Submit the application form via the instructions on the form. The department then shall review the application form and inform the vendor of its status within thirty days.

4.If an intervention program vendor application is approved, the vendor must be added to the suggested intervention program list. The superintendent may remove vendors if they are not in compliance with the criteria in this chapter. The department shall track intervention program vendors to determine whether they are in compliance with this chapter.

5.The department shall provide feedback to the intervention program vendors about datasharing agreements and the usefulness of the intervention program data. If data are found to be of little value or low quality, the superintendent may remove vendors from the list.

N.D. Admin. Code 67-34-01-04 Implementation

1.For students in grades four through eight, beginning July 1, 2025, school districts and nonpublic schools shall:

a.Ensure their mathematics curriculum and curricular resources meet the focus areas listed in subsection 1 of North Dakota Century Code section 15.1-21-12.2;

b.Implement formative assessments at regular intervals, adjusting teaching practices accordingly and providing targeted interventions for each student who needs additional support; and

c.Implement a research-based intervention program and high-quality supplemental materials that incorporate evidence-based instructional strategies.

2.For students in kindergarten through grade three, beginning July 1, 2027, school districts and nonpublic schools shall:

a.Ensure their mathematics curriculum and curricular resources meet the focus areas listed in subsection 1 of North Dakota Century Code section 15.1-21-12.2;

b.Implement formative assessments at regular intervals, adjusting teaching practices accordingly and providing targeted interventions for each student who needs additional support;

c.Implement a research-based intervention program and high-quality supplemental materials that incorporate evidence-based instructional strategies;

d.Use a screening process for early identification of mathematics deficiencies and characteristics of dyscalculia;

e.Inform the student's parent or legal guardian about the screening process, the student's results, and the importance of early intervention;

f.Provide resources and guidance to the student's parent or legal guardian to support mathematics learning at home; and

g.If the student is identified as having characteristics of mathematics deficiencies or dyscalculia, develop an education plan with accommodations.

3.A school district or special education unit shall provide a screening process as required in North Dakota Century Code section 15.1-21-12.2 for any student upon request by a parent, legal guardian, or teacher.

N.D. Admin. Code 67-34-01-05 Compliance

1.Each school district or nonpublic school shall ensure compliance with this section in a manner determined by the superintendent.

2.The department shall collect assurances from school districts and nonpublic schools to ensure compliance with North Dakota Century Code section 15.1-21-12.2.

3.During the monitoring process, the school district or nonpublic school shall report the following information in a manner determined by the superintendent:

a.Mathematics curriculum and intervention tools;

b.Professional development and training offered for kindergarten through grade eight;

c.Assessment instruments to identify mathematical competency and deficiencies; and

d.Student outcome mathematics proficiency data collected using assessment instruments.

4.School districts and nonpublic schools shall report information required in North Dakota Century Code section 15.1-21-12.2 annually to the department on the first day of October, unless the school district or nonpublic school is exempt under subsection 5.

5.School districts and nonpublic schools that have submitted satisfactory information required under North Dakota Century Code section 15.1-21-12.2 may be awarded an exemption from annual reporting requirements of North Dakota Century Code section 15.1-21-12.2 for a period of up to three years. Satisfactory information may include student outcome mathematics proficiency data collected using the assessment instruments to identify mathematical competency.

Article 67-35 Assessment of School Buildings

Chapter 67-35-01 Authority for Assessment of School Buildings

N.D. Admin. Code 67-35-01-01 Superintendent authority for assessment of school buildings

The superintendent of public instruction may:

1.Collect regularly conducted assessments by school districts of each building located on school grounds in the state, including the interior and exterior of the building, doors, windows, fire sprinklers , fire protection systems, components of heating, cooling, plumbing, electrical, and security systems, and accessibility features.

2.Document the inventory of buildings, including building type, original construction year, facility additions, facility addition construction year, and facility square footage as submitted by school districts every four years.

3.Develop and maintain a system for tracking the assessments of buildings, including construction, repairs, modifications, and maintenance recommended for each school.

4.Contract for professional services to implement this section, including contracting to study appropriate criteria to establish for public school facility standards.

History

• History: Effective April 1, 2026.
• General Authority: NDCC 15.1-02-25, 28-32-02
• Law Implemented: NDCC 15.1-02-25

Article 67-36 Public Charter Schools

Chapter 67-36-01 Public Charter Schools

N.D. Admin. Code 67-36-01-01 Definitions

1."Public charter school" means a public school operating to achieve specific educational objectives according to the charter performance agreement as authorized and overseen by the superintendent, as defined in subsection 4 of North Dakota Century Code section 15.1-40-01. Public charter schools shall adhere to the academic, financial, and reporting standards applicable to public school districts. Public charter schools may implement certain requirements, such as instructional and governance practices, through alternative models as authorized in the charter performance agreement, provided all statutory and regulatory obligations are met.

2."State performance standards" means the course content standards in subsection 3 of North Dakota Century Code section 15.1-02-04. This is separate from the contents of the performance agreement.

N.D. Admin. Code 67-36-01-02 Purpose

The purpose of this chapter is to provide a framework enabling the establishment and operation of public charter schools as part of North Dakota's public education system. This chapter is designed to ensure public charter schools operate with autonomy while remaining accountable for academic, financial, and operational performance.

N.D. Admin. Code 67-36-01-03 Application submission and review procedures

1.The department shall publish annual application deadlines, required templates, and submission procedures on its website. Application materials must be made available no less than thirty days prior to the beginning of the submission window. The submission window for charter school applications must be no less than ninety days.

2.Applications must be submitted in the department-approved format and include all required attachments.

3.The department shall conduct completeness and quality reviews using a standardized rubric approved by the superintendent.

4.The department shall hold at least one public interview with the applicant team before making a recommendation.

5.Application materials and interview results must be documented and maintained in the public record.

6.The department shall issue a written notice of approval, conditional approval, or denial stating the reasons and any required conditions that must be met prior to execution of a charter performance agreement.

N.D. Admin. Code 67-36-01-04 Monitoring, reporting, and corrective action

1.The department shall conduct ongoing monitoring, during which the department may use data reports, site visits, and documentation reviews.

2.Each public charter school shall submit annual academic, fiscal, and other reports on the same forms prescribed by the department for school districts. Public charter schools in North Dakota are held to the same academic, fiscal, and accountability standards under the state's reporting of key performance indicators which are required of school districts, along with any other statutory requirements.

3.If noncompliance or performance concerns are identified, the department shall issue a written notice outlining corrective actions and required evidence of remediation. The charter school shall make corrections as soon as possible, but no later than one year after the written notice.

4.Failure to complete required corrective actions within the established period may result in revocation or nonrenewal, as described in North Dakota Century Code section 15.1-40-15.

5.The superintendent shall determine whether the public charter school has made sufficient progress toward performance expectations under the charter performance agreement.

N.D. Admin. Code 67-36-01-05 Fiscal management and audit reporting

Audit reports required under North Dakota Century Code section 15.1-40-20 must be submitted to the superintendent electronically by the public charter school within thirty days of receiving a final copy of the report from the certified public accountant or public accountant.

N.D. Admin. Code 67-36-01-06 Enrollment lottery procedures

Public charter schools shall develop, publish, and implement written enrollment and lottery procedures consistent with North Dakota Century Code chapter 15.1-40. Each public charter school also shall maintain written policies governing application timelines, lottery procedures, and waiting list management.

N.D. Admin. Code 67-36-01-07 Closure and dissolution procedures

1.If a public charter school intends to close, the governing board of the public charter school shall submit a closure plan to the department within ten days of the decision, including:

a.Timelines for student record transfer to the students' resident home districts and notification to families; and

b.Asset disposition consistent with North Dakota Century Code section 15.1-40-16.

2.The department shall verify completion of the closure plan before final dissolution.

N.D. Admin. Code 67-36-01-08 State aid funding related to public charter schools

1.State funding for public charter schools must be distributed in accordance with North Dakota Century Code section 15.1-27-01.

2.State funding may be withheld in whole or in part in accordance with subsection 5 of North Dakota Century Code section 15.1-02-13, subsection 5 of North Dakota Century Code section 15.1-06-06, and North Dakota Century Code section 15.1-27-02 or failure to comply with any applicable requirement of state law, rule, or the charter performance agreement until compliance is achieved and verified by the department.

3.Public charter schools shall generate weighted student units in the same manner as a public school district except for any weighting factor that uses square miles.

4.The statewide average state funding per student must be calculated using the prior year's foundation aid weighted student units and state funding.

N.D. Admin. Code 67-36-01-09 Special education for public charter schools

Public charter schools shall comply with all state and federal laws, rules, and regulations related to special education.

Chapter 67-02

N.D. Admin. Code 67-02

ARTICLE 67-02

TEACHER CERTIFICATION [Repealed effective July 1, 2003]

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code

Section 28-32-06 because the authority for adoption of the rules was transferred to another agency by S.L. 1993, ch. 171.

Chapter 67-03

N.D. Admin. Code 67-03

ARTICLE 67-03

EDUCATOR'S CODE OF ETHICS [Repealed effective July 1, 2003]

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code

Section 28-32-06 because the authority for adoption of the rules was transferred to another agency by S.L. 1993, ch. 171.

Chapter 67-05

N.D. Admin. Code 67-05

ARTICLE 67-05

SCHOOL DISTRICT BOUNDARY RESTRUCTURING [Repealed effective July 1, 2003]

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code

Section 28-32-06 because the authority for adoption of the rules was transferred to another agency by S.L. 1999, ch. 196.

Chapter 67-06

N.D. Admin. Code 67-06

ARTICLE 67-06

HOME-BASED INSTRUCTION QUALITY ASSURANCE [Repealed effective July 1, 2003]

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code

Section 28-32-06 because the authority for adoption of the rules was transferred to another agency by S.L. 2001, ch. 181.

Chapter 67-07

N.D. Admin. Code 67-07

ARTICLE 67-07

SCHOOL DISTRICT EDUCATIONAL SERVICES AGREEMENTS [Repealed effective July 1, 2003]

Determined repealed by the office of the Legislative Council pursuant to North Dakota Century Code

Section 28-32-06 because the authority for adoption of the rules was transferred to another agency by S.L. 1999, ch. 196.

Chapter 67-14

N.D. Admin. Code 67-14

ARTICLE 67-14 [Reserved]

Chapter 67-25

N.D. Admin. Code 67-25

ARTICLE 67-25

FILING AGREEMENTS MADE WITH FEDERAL AGENCIES [Repealed effective December 1, 2003]

Chapter 67-26

N.D. Admin. Code 67-26

ARTICLE 67-26

KINDERGARTEN OR FIRST GRADE EARLY ENTRANCE [Repealed effective October 1, 2006]

Chapter 67-27

N.D. Admin. Code 67-27

ARTICLE 67-27

OPEN ENROLLMENT PAYMENT PROVISIONS [Repealed effective October 1, 2006]