N.D. Admin. Code Title 68 — Public School Education, Board of

Article 68-01 General Administration

Chapter 68-01-01 Organization of Board

N.D. Admin. Code 68-01-01-01 Organization and functions of the board of public school education

1.History. To consolidate the functions of many boards and committees dealing with education, the 1955 legislative assembly created the board of public school education. The original board consisted of three ex officio members--the governor, attorney general, and the superintendent of public instruction. In addition to the ex officio members, one member was selected by the North Dakota education association and one member was selected by the North Dakota school officials association. The governor served as chairman and the superintendent of public instruction served as executive director and secretary to the board. In 1963 the membership of the board was changed to consist of the superintendent of public instruction, and one qualified elector from each of the following districts within the state, to be appointed by the governor:

a.District one shall consist of the counties of Barnes, Cass, Grand Forks, Griggs, Nelson, Steele, and Traill.

b.District two shall consist of the counties of Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, and Walsh.

c.District three shall consist of the counties of Dickey, Emmons, LaMoure, Logan, McIntosh, Ransom, Richland, and Sargent.

d.District four shall consist of the counties of Burleigh, Eddy, Foster, Kidder, McLean, Sheridan, Stutsman, and Wells.

e.District five shall consist of the counties of Burke, Divide, McKenzie, Mountrail, Ward, and Williams.

f.District six shall consist of the counties of Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark.

Two members must be members of the school boards' association. The appointed members serve six-year terms, arranged so that one term expires each year. The superintendent of public instruction serves as executive director and secretary of the board.

2.Functions. The board of public school education serves as the board or committee for the following:

a.The board of public school education is the state committee for school district reorganization. The committee approves reorganization plans, annexations, and dissolutions of school districts.

b.The board of public school education is responsible for the supervision of the division of independent study acting through the superintendent of public instruction.

c.The board of public school education acts as the tuition appeals board. The board is the appeals board for out-of-district high school students and for elementary and secondary students out of state for the payment of tuition.

d.The board of public school education must hold at least one joint meeting each year with the board of higher education to coordinate programs of the two agencies.

e.The board of public school education is the state board for vocational education. The board for vocational education appoints the state director and executive officer for vocational education, who is charged with the administration of the board's activities.

3.Functions subject to North Dakota Century Code chapter 28-32. The board of public school education is an administrative agency subject to North Dakota Century Code chapter 28-32, the Administrative Agencies Practice Act. The board is not an administrative agency and is excepted from chapter 28-32 when administrating the state school construction fund.

4.Inquiries. Inquiries regarding the board of public school education may be addressed to the executive director and secretary:

Ms. Kirsten Baesler Executive Director and Secretary State Board of Public School Education Department of Public Instruction State Capitol Bismarck, North Dakota 58505 Inquiries regarding the board for vocational education may be addressed to the director and executive officer:

Mr. Wayne Kutzer Director and Executive Officer Department of Career and Technical Education State Capitol Bismarck, North Dakota 58505

History

• History: Amended effective September 1, 1983; November 1, 1985; October 1, 1987; April 1, 1994.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 68-02 Rules of Procedure

Chapter 68-02-01 Tuition Appeals - Rules of Procedure

N.D. Admin. Code 68-02-01-01 Notice

After receipt of a tuition appeal under subsection 1 of North Dakota Century Code section 15-40.2-05, the board will provide notice of the hearing to the parent or guardian who is applying for the payment of tuition and the involved school districts at least fifteen days prior to the time the hearing is to be held. The notice period may be shortened in case of an emergency or when agreed to by the involved parties. The notice will state that the board waives the application of the North Dakota Rules of Evidence to the hearing under subsection 1 of North Dakota Century Code section 28-32-06.

History

• Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b)

N.D. Admin. Code 68-02-01-02 Testimony and documentary evidence

At the hearing, the board will consider the findings of the three-member county committee, as well as any other relevant testimony and documentary evidence proffered relating to the factors outlined in subsection 1 of North Dakota Century Code section 15-40.2-05. The board waives the application of the North Dakota Rules of Evidence to its hearings on tuition appeals.

History

• Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b), 28-32-06(1)

N.D. Admin. Code 68-02-01-03 Findings, conclusions, and order

Following the board's consideration of the record and the relevant evidence received at the hearing, the board will make findings of fact and conclusions of law with respect to the factors outlined in subsection 1 of North Dakota Century Code section 15-40.2-05, and issue an order regarding the payment of tuition. The order will be mailed by certified mail to all parties.

History

• Law Implemented: NDCC 15-40.2-05(1), 28-32-05(3)(b)