2019 house education hb 1228

2019 HOUSE EDUCATION

HB 1228

2019 HOUSE STANDING COMMITTEE MINUTES

Education Committee Coteau A Room, State Capitol

HB 1228 1/16/2019

30891

☐ Subcommittee

☐ Conference Committee

Committee Clerk: Bev Monroe by Marjorie Conley

Explanation or reason for introduction of bill/resolution: Relating to local control of education

Minutes: Attachment 1, 2, 3, 4, 5, 6, 7 ,8, 9, 10

Vice Chairman Schreiber-Beck: Opened the hearing on HB #1228. Rep. Hoverson: (See Attachment 1, 2, 3, 4) (:21-15.04). Rep. Longmuir: What you are proposing is that rule by minority rather than by majority? Rep. Hoverson: The majority of 25% that show up. Rep. Longmuir: So in other words you are saying the minority would rule. Rep. Hoverson: If 25% of the people show up, but if 25% is a quorum it would still be a majority of the people that are voting.

Rep. Mary Johnson: Are we back to the innovation in education bill that we passed In the previous session? Rep. Hoverson: I am assuming that takes it one step further. Rep. Mary Johnson: Isn’t it now with the amended seek state approval for changes in local control back to innovation in education? Rep. Hoverson: For the sake of integrity, it needs to be a consititutional amendment. Rep. Mary Johnson: Do you know what’s going on in northern Cass? Rep. Brandy Pyle: We have children from the innovation school at Northern Cass with us today.

House Education Committee HB 1228 1/16/19 Page 2

Vice Chairman Schreiber-Beck: Additional questions? What you are describing to me is individualized education which is still in the absence of the DPI and strategic vision for education in North Dakota. Are you exiting out of most of the code. The code allows a per pupil payment. Is this on your own like a private school? Rep. Hoverson: It would not affect that because I think that local control or local responsibility, is something that we should aim for. Vice Chairman Schreiber-Beck: You can apply for waivers. For a very large school district would this be a difficult thing to do. Rep. Hoverson: It would be more popular in the smaller school districts. Vice Chairman Schreiber-Beck: Additional questions? Rep. Pat D. Heinert: Under Section 1B does that exempt all the state law that we have in reference to what it takes to be a teacher in the state of North Dakota? Rep. Hoverson: If that is what the local community would like, and that would be

in the amendment seeking approval of the state. Rep. Pat D. Heinert: So who is going to decide what criteria is needed by a person to teach a course? Rep. Hoverson: That has been historically belonging to the school boards, but did include the citizens as well into the bill and that could be adjusted as far as the percentage. Vice Chairman Schreiber-Beck: Additional questions? Rep.Hager: Is that local control with state funding? Rep.Hoverson: Yes, the state is constitutionally required to provide public education. Vice Chairman Schreiber-Beck: Additional questions? Continue with testimony in favor of HB#1228. Seeing none we will continue with those in opposition to HB#1228. Nick Archuleta, President of North Dakota United: (See attachment 5) I urge an emphatic Do Not Pass recommendation for HB#1228. Vice Chairman Schreiber-Beck: Are there any questions? Rep. Johnston: No one can be sure because no school district in North Dakota has ever chosen to disassociate itself from reality. If they were given that control, they would disassociate themselves from reality? Is that what you are implying? Nick Archuleta: The value is in their diplomas. The diplomas will be meritless.


That is the real consequence of this proposed legislation. Vice Chairman Schreiber-Beck: Additional questions? Continue with opposition to HB#1228. Vicki Peterson, Family Consultant Family Voices of ND: (See attachment 6) ((30:36-34:02)

Vice Chairman Schreiber-Beck: Continue with opposition HB#1228. Rebecca Pitkin, Executive Director of North Dakota Education Standards and

Practices Board: (See Attachment 7) I testify in opposition to HB#1228. Vice Chairman Schreiber-Beck: Questions? Rep. Mary Johnson: Do you feel that this bill violates our constitutional duty to provide that continuity? Ms. Pitkin: I speak for the board and I would say that our board would say yes indeed that this is a violation. Vice Chairman Schreiber-Beck: Additional questions? Continue with opposition to HB#1228. Aimee Copas, Executive Director of the North Dakota Council of Educational Leaders: (See Attachment 8) (38:36-40:53) Vice Chairman Schreiber-Beck: Any Questions? Rep. Marschall: Do you know of any request waivers that have been denied by DPI? Aimee Copas: We have some that have come forth that didn’t fit the bill with regard to all the pieces that have to be put together with the innovation so you have to partner with the community, you have to partner with your school board, you have to have a legitimate plan that shows documented evidence that this would be something that advance students. Rep. Marschall: So if refused, do they go back to their communities? Aimee Copas: The go back to their communities and try and go after it again but maybe in another way. Vice Chairman Schreiber-Beck: Additional questions? Continue in opposition to HB#1228. Alexis Baxley, Executive Director of the North Dakota School Boards Association: (See Attachment 9) This bill takes a good thing a little too far. Vice Chairman Schreiber-Beck: Any questions?


Rep. Hager: How do you see local control? Alexis Baxley: We think that local control is giving the citizens, the patrons, the parents of a district input in their students’ education. Vice Chairman Schreiber-Beck: Any questions? Continue with opposition with HB#1228. Elroy Burkle, Executive Director of Small Organized Schools: I will be very candid, There are too many moving parts for this bill. It’s best to pull it, with no disrespect. Vice Chairman Schreiber-Beck: Are there questions? Continue with opposition With HB#1228. Vice Chairman Schreiber-Beck: Any neutral? (48:00) Matt Scherbenske, Deputy Director in the Office of Academic Support within the North Dakota Department of Public Instruction: (See Attachment 10) Vice Chairman Schreiber-Beck: Are there questions? We can continue with the neutral testimony for HB#1228. Vice Chairman Schreiber-Beck: We close the hearing on HB#1228.

2019 HOUSE STANDING COMMITTEE MINUTES

Education Committee Coteau Room, State Capitol

HB 1228 1/16/2019

30917 (10:50-13:25)

☐ Subcommittee

☐ Conference Committee

Committee Clerk: Bev Monroe by Donna Whetham

Explanation or reason for introduction of bill/resolution: Relating to local control of education

Minutes:

Chairman Owens: Opened the hearing on HB 1228. Rep. M. Johnson: I move a Do Not Pass on HB 1228. Rep. Heinert: Seconded. Chairman Owens: Any further discussion? Seeing none. We will call the roll. Roll Call Vote: Yes 12. No 2. Absent 0. Do Not Pass on HB 1228 carries. Rep. M. Johnson will carry the bill. Hearing closed.

House Education

2019 HOUSE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. /J J. B

D Subcommittee

Amendment LC# or Description:

Date: ) lrA / 11 Roll Call 'late#: __

Committee

-----------------------Recommendation: D Adopt Amendment

D Do Pass � Do Not Pass D As Amended D Place on Consent Calendar

Other Actions: D Reconsider

Representatives Chairman M. Owens V. Chair. Schreiber-Beck Rep. Heinert Rep. Hoverson Rep. D.Johnson Rep. M. Johnson Rep. Johnston Rep. Longmuir Rep. Marschall Rep. Pyle Rep. Strinden Rep. Zubke

Total

Absent

(Yes)

Ye� l/;

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v/ v,,,..

V/ i/ / V

No

/

1/

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V

No

D Without Committee Recommendation D Rerefer to Appropriations

D

Representatives Yes No Rep. Guooisberg v/ Rep. Hager v"

Floor Assignment �. j(Y\, � If the vote is on an amendment, briefly indicate intent:

Com Standing Committee Report January 18, 2019 10:57AM

Module ID: h_stcomrep_10_003 Carrier: M. Johnson

REPORT OF STANDING COMMITTEE HB 1228: Education Committee (Rep. Owens, Chairman) recommends DO NOT PASS

(12 YEAS, 2 NAYS, 0 ABSENT AND NOT VOTING). HB 1228 was placed on the Eleventh order on the calendar.

(1) DESK (3) COMMITTEE Page 1 h_stcomrep_ 10_003

2019 TESTIMONY

HB 1228

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HB 1228 Local Control Bill - {local responsibility)

From Jeff Hoverson, District 3 House of Representatives,

To: Education Chair Owens/ Vice Chair Schreiber-Beck and House Education Committee

I am suggesting, upon understanding what this bill represents, we will all want this as a goal for our

schools. This, while "out of the box", is really a part of advancing the INNOVATION efforts of Governor

Burgum and Kirsten Baesler of ND DPI. We all have family, relatives, friends and neighbors in our

schools. We all have a vested interest in Local RESPONSIBILITY of educating our next generation of ND

students. The following are simply bullet points to follow along and take notes, as you wish:

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A) Context for this bill

1. Local control vs local option - Fast food analogy

2. Teaching side and Learning side

a. Love of learning VS minimalism

b. Individual diversity VS culture of compliance

c. Real world education VS standards, equity, uniformity, age segregation, etc

i. Uniformity and equity is not threatened

ii. Grade levels inherently provide uniform continuity

iii. Getting kids OFF the "conveyor belt"

3. Capacity of a child to learn

a. Various models can achieve this

i. Thomas Jefferson education

ii. Sir Ken Robinson on standardization

iii. One room schoolhouse models

iv. Mastery by Sal Khan

v. Finland Phenomenon (google this)

vi. Family/ Community Integrated model

vii. Etc

b. Influence of parental involvement

c. Communities that are willing to understand their role, will best know their kids

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B) Reasons for this bill

4. Two reasons for exemption from Content Standards (Section la. line 9) a. Content Standards - 1. Ability to bypass what keeps being "forced" upon them

i. Outcome-based ii. Race to the top iii. No child left behind iv. Common Core

1. This one, in particular, flared up unnecessarily 2. I suggest, if we had local control before CC, we

would not have had near the flaring up V. ESSA, etc

b. Content standards= 2. Ability to embrace TRUE innovation only comes from local responsibility

5. Three reasons for exemption from hiring (section lb. Line 15) a. Hiring - 1. Ability to bypass what they perceive as one track out of the University system b. Hiring - 2. Ability to hire Susan homemaker or Joe Farmer or Mary Accountant that the

kids already love c. Hiring - 3. Ability to hire people that would embrace their vision of TRUE innovation

that only comes from local responsibility

6. Two reasons for exemption from discipline policies (Section le. line 18) a. Discipline - 1. Ability to allow principals to determine discipline (perhaps as it used to

be) b. Discipline - 2. Ability to make a discipline plan that supports the vision ofTRUE

innovation through rewards and incentives as well as consequences, that only comes from local responsibility

7. Two reasons for exemption from Days and hours (added by amendment provided) a. Days/ hours - 1. Ability to determine how to handle blizzards, flu epidemics, etc locally b. Days/ hours - 2. Ability to determine, on their own, what counts for days and hours as

it best serves their own vision for TRUE innovation that only comes from local responsibility

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BENEFITS (pros and cons)

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1. I provided an amendment that fixes a potential problem I noticed with the constitution regarding state control. The amendment also allows for the state to approve or disapprove a school not in good standing to keep some schools from falling through the cracks. I suggest basing that determination on "attendance records"

2. This is a con to state groups, administrators, etc who have a need to keep track and measure

3. The greatest beneficiary ofTRUE local control/ responsibility is the student. This bill represents a beginning of All kids thriving and rising to the top. No one will fall through the cracks as they already are in the current system.

4. A side benefit is the potential to indirectly help our problems with abused children, behavioral needs for mediation, discipline problems, etc. The best cure for a "bad" adult is a team of "good adults" who truly love and care for the kids of their own community.

5. While not many of the 517 school districts will embrace this, a few will. And when they do, fasten your seat belts and let's together celebrate when they DO. Other schools will be inspired!

*see three amendments options (one on approval of the state; one on inserting "or"; and one on changing the majority vote from 33% to 25%)

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19.0765.01001 Title.

Prepared by the Legislative Council staff for Representative Hoverson

January 14, 2019

PROPOSED AMENDMENTS TO HOUSE BILL NO. 1228

Page 1, line 8, replace "exercise" with "seek state approval for"

Page 1, line 13, after the first underscored comma insert "15.1-06-04,"

Renumber accordingly

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19.0765.01002 Title.


January 14, 2019


Page 1, line 17, replace the second "and" with "or"


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19.0765.01003 Title.


January 14, 2019


Page 2, line 1, replace "thirty-three" with "twenty-five"


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• NORTH DAKOTA

UNITED

Great Public Schools Great Public Service

Testimony Before the House Education Committee

HB 1228

Wednesday January 16, 2019

Chairman Owens, members of the Committee, my name is Nick Archuleta, president of

North Dakota United, and I rise today on behalf of the 11,500 members of North Dakota

United to urge an emphatic DO NOT PASS recommendation for HB 1228.

Mr. Chairman, the Constitution of North Dakota is unambiguous when it comes to the value

our Founders placed in education and its importance to the furtherance of our shared

prosperity:

• ARTICLE VIII EDUCATION

Section 1.

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''A high degree of intelligence, patriotism, integrity and morality on the part of

every voter in a government by the people being necessary in order to insure the continuance

of that government and the prosperity and happiness of the people, the legislative assembly

shall make provision for the establishment and maintenance of a system of public

schools which shall be open to all children of the state of North Dakota and free from

sectarian control. This legislative requirement shall be irrevocable without the consent of the

United States and the people of North Dakota."

Generally, I try not to repeat myself, but I'll make an exception in this case: The

responsibility of the state to provide a high quality public education is a tenet held so

dearly by our Founders, that they put it in the North Dakota State Constitution. That's

heady stuff!

What HB 1228 intends is that individual school districts will have the ability to say to heck

with course content standards, to heck with highly qualified and licensed teachers, to heck

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with graduation requirements, to heck with fair labor standards, and to heck with best

practices as they relate to discipline, school safety, and credentialing of education support

professionals. And to heck with our Founders and the value they placed on public

education.

And what are the implications for schools which choose to avail themselves of this myopic

option? No one can be sure because no school district in North Dakota has ever chosen to

disassociate itself from reality. It is not a stretch, however, to suggest that any school

district which avails itself of the options made available in HB 1228, will find it very

difficult to be accredited by any credible scholastic accreditation firm. Failure in that

regard would render any graduation diploma meritless in the eyes of institutions of higher

education, prospective employers, and perhaps even the Armed Services of the United

States.

Mr. Chairman, members of the Committee, hollow adherence to an ideological imperative is

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incompatible with our state's long tradition of promoting high quality public education. • According to the Gallup Poll, North Dakota residents rate their public schools very highly.

Eighty nine percent of North Dakotans rate their public schools as good or excellent. That

is the highest rating in the nation.

HB 1228 does nothing to advance education in our state. It does nothing to improve the

educational opportunities for those students in our charge. It does nothing to increase the

value of a North Dakota education.

For all these reasons, Chairman Owens and members of the Committee, I urge a DO NOT

PASS recommendation for HB 1228.

Thank you for the opportunity to speak on behalf of our members and I am happy to stand

for any questions.

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House Bill 1228

House Education

Wednesday January16th , 2019

Chairman Representative Owens and Members of the House Education

Committee;

My name is Vicki Peterson and I am a Family Consultant for Family Voices of ND.

Family Voices of ND is the Family to Family Health Information Center in ND •

I am here to testify today in Opposition of House Bill 1228.

This bill before you would rescind at the hands of a vote at a school district

board. Or petition at a certain percentage of electors of that district; laws this

state has put into place by you, the legislators we elected. A statement that

essential says, " We know there are the laws in statute, but we choose to ignore

them."

This bill would do away with duties of the State Superintendent's including to

oversee the amount of minimum required instruction, and to report on

academic progress in the state .

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This bill if passed, would also do away with such statutes of, prohibiting

corporal punishment, bullying statutes, which you the legislators worked so

hard to create and put into law, students carrying weapons to school, and

medications being distributed but monitored at school for those students who

need their medication during the school day.

Currently schools have local control of how their school deals with the day to

day academics and structure of school days.

I work with families of children with special needs, directly, daily. Most of the

calls I receive, have some content that is dealing with the education of their

child in ND. Currently when issues of discipline or bullying issues are discussed

with myself, I can give the resources to ask for the bullying policy or refer them

to appropriate departments where they should receive information. Much of

the time , the parents report back to me, yes, I made the call to appropriate

resources, and was told, that is left up to local control. Bullying continues. In

one case, a bullying incident has happened to a young, beautiful girl, straight A

student, attacked and bullied at school and has an Acquired Traumatic Brain

Injury due to that attack on school grounds after enduring years of bullying. a. As of today, no disciplinary action has taken place. This incident happened in

September of 2018.

In areas of bullying and discipline, there may be too much local control already.

This parent has inquired with the Department of Public Instruction and has been

told it is in local control, they were empathetic but could not help much in this

area.

This girls' life, this girls' family has and will be changed forever .

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So, I am asking you to vote no on House Bill 1228. Please do not allow such local

control in the areas of duties of our Superintendent and areas of discipline and

bullying be left in the hands of local control. Think about this girl who was

injured and maybe its time to rethink in some areas that we even need less

control left in the local school or to have recourse with the Department of

Education to help in circumstances such as the one I described.

I thank for your time and consideration.

Vicki L Peterson

[email protected]

701-258-2237

701-527-2889

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January 16, 2019 Testimony

Education Standards and Practices Board House Bill 1228

Good morning Chairman Owens and members of the House Education Committee. My name is

Rebecca Pitkin and I am the executive director of the Education Standards and Practices Board. I

am here representing our board, which has members from various education stakeholder groups

including both private and public school teachers, school administrators, school board member,

and higher education. Our board is in opposition to HB 1228, relating to the local control of

education. Our board discussed HB 1228 during a special board meeting on January 11, 2019.

The discussion which ensued garnered the following comments:

• Where one lives should not determine the quality of a child's education

• Teacher licensing is based on standards which all individuals have met, and these are directly related to their content and pedagogy training

• The standards teachers must meet for licensure have been vetted by professionals from multiple stakeholder groups relating to education

• There is a highly collaborative process in North Dakota to determine the standards teachers must meet for licensure which promote high quality teachers for all students

• The goal of this process is to promote an equitable and fair education to all students, no matter where they live

Although it is unclear from the bill how teacher licensing would be determined, the potential for

vast differentiation among district exists. In addition, the potential lack of common expectations

across the state could impact student learning for those who move from one district to another.

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A non-negotiable norm which frames our board discussions is "what is best for kids". Our board

believes HB 1228 does not fit into the framework of "what is best for kids" and therefore, as a

representative of the Education Standards and Practices Board, I testify in opposition to HB

1228.

This concludes my testimony and I stand for any questions.

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HB 1228 -Testimony in Opposition

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Local Control - School Board can override state law

Chair Owens and members of the committee. We are here today representing NDCEL and all educational leaders

in ND including School Superintendents, Principals, REA Directors, CTE Directors, AD's, County

Superintendents, Special Education Directors, Technology Leaders, etc. We find ourselves in a quandary today.

We typically stand before you to discus the merits behind local decision making. However, in those instances,

we are seeking support to be able to make local decisions within the confines of the laws established by our state

lawmakers - by you. Our organization sees this bill as going beyond way too far. At its core it essentially strips

state lawmakers of all their lawmaking ability with regard to Kl2 schools and essentially puts forth the notion

that those locally elected officials can disregard the laws made by you and completely walk to the beat of their own drum and to do so with the students.

Law makers in ND are charged by our constitution to provide for an educational system in ND that best serves

our students. You do this through responsible decision making. To indicate that a board of 5, 7, 9, etc. can

simply disregard areas of code is not a risk that we are willing to support for the sake of students in ND.

What are some consequences?

• No assurance of learning in a school

• Dollars for schools with NO accountability

Specifically, the board could disregard the following areas of law:

• Those surrounding instruction, instructional time, assessment, attendance and graduation requirements.

• Those surrounding negotiating, employment, termination, licensing, and credentialing of teachers and ancillary staff.

• Those surrounding the establishment of student discipline and safety policies

All of the areas of code in question are attached here for you. Keep in mind, in this bill a school board by a

simple majority vote - a quorum of the board (truly could be 3 people) - the board could vote to disregard the

law created by hundreds of law makers for the best interest and protection of the student. To take this a step

further - this bill even allows a modality where folks who are not elected officials could do the same. A petition

signed by 33% of the qualified voters who reside in the district could force a vote of the community and by a

simple majority vote, they could vote to disregard your laws about education.

We respectfully think this bill is not in the best interest of students in ND. It is the responsibility of our state to

assure the education in our public schools and we are continuing to put our faith in your abilities and are asking

for a DO NOT PASS ofHB1228 .

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Areas of Law that could be disregarded:

• 1 5 . 1 -02-04 . Superintendent of public instruction - Duties. The superintendent of public instruction: 1 . Shall supervise the provision of elementary and secondary education to the students of this . state. 2. Shall supervise the establishment and maintenance of schools and provide advice and counsel regarding the welfare of the schools. 3. Shall supervise the development of course content standards. 4 . Shall supervise the assessment of students. 5. Shall serve as an ex officio member of the board of university and school lands. 6. Shall keep a complete record of all official acts and appeals . 7 . As appropriate, shall determine the outcome of appeals regarding education matters. 8 . Shall direct school district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education to carry out its powers and duties regarding school district annexation, reorganization, and dissolution

• 1 5 . 1 -2 1 -0 1 . Elementary and middle schools - Required instruction. In order to be approved by the superintendent of public instruction, each public and nonpublic elementary and middle school shall provide to students instruction in:

1 . English language arts, including reading, composition, creative writing, English grammar, and spelling. 2. Mathematics. 3. Social studies, including: a. The United States Constitution; b. United States history; c . Geography; d. Government; and e. North Dakota studies, with an emphasis on the geography, history, and agriculture of this state, in the fourth and eighth grades. 4 . Science, including agriculture. 5. Physical education. 6. Health, including physiology, hygiene, disease control, and the nature and effects of alcohol, tobacco, and narcotics.

• 1 5 . 1 -2 1-02. High schools - Required units. 1 . In order to be approved by the superintendent of public instruction, each public and nonpublic high school shall make available to each student:

a. Four units of English language arts from a sequence that includes literature, composition, and speech;

b. Four units of mathematics, including: ( 1 ) One unit of algebra II; and (2) One unit for which algebra II is a prerequisite;

c. Four units of science, including: ( 1) One unit of physical science; and (2) One unit of biology;

d. Four units of social studies, including: ( 1 ) One unit of world history; (2) One unit of United States history; and (3) (a) One unit of problems of democracy ; or (b) One-half unit of United States government and one-half unit of economics;

e . One-half unit of health; f. One-half unit of physical education during each school year, provided that once every four years the unit must be a concept-based fitness class that includes instruction in the assessment, improvement, and maintenance of personal fitness; g. Two units of fine arts, at least one of which must be music; h. Two units of the same foreign or native American language; i. One ml.it of an advanced placement course or one unit of a dual-credit course; and

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j . Two units of career and technical education from a coordinated plan of study recommended by the department of career and technical education and approved by the superintendent of public instruction.

2 . In addition to the requirements of subsection 1, each public and nonpublic high school shall make available to each student, at least once every two years, one-half unit of North Dakota studies, with an emphasis on the geography, history, and agriculture of this state. 3 . Each unit which must be made available under this section must meet or exceed the state content standards. 4. For pmposes of this section, unless the conte:>..1 otherwise requires, "make available" means that:

a. Each public high school and nonpublic high school shall allow students to select units over the course of a high school career from a list that includes at least those required by this section; b. If a student selects a unit from the list required by this section, the public high school or the nonpublic high school shall provide the unit to the student; and c. The unit may be provided to the student through any delivery method not contrary to state law and may include classroom or individual instruction and distance learning options, including interactive video, computer instruction, correspondence courses, and postsecondary enrollment under chapter 1 5 . 1 -25 .

5 . The board of a school district may not impose any fees or charges upon a student for the provision of or participation in units as provided in this section, other than the fees permitted by section 1 5 . 1 -09-36. 6 . If in order to meet the minimum requirements of this section a school district includes academic courses offered by a postsecondary institution under chapter 1 5 . 1 -25, the school district shall:

a. Pay all costs of the student's attendance, except those fees that are permissible under section 1 5 . 1 -09-36; and b. Transport the student to and from the location at which the course is offered or provide mileage reimbursement to the student if transportation is provided by the student or the student's family .

7. The requirements of this section do not apply to alternative high schools or alternative high school education programs. 8. The requirements of subdivisions g and h of subsection 1 do not apply to the North Dakota youth correctional center.

• 1 5 . 1 -2 1-02. 1 . High school diploma - Minimum units. Except as provided in section 1 5 . 1 -2 1-02 . 3 or as otherwise agreed to in the compact on educational opportunity for military children, before a school district, a nonpublic high school, or the center for distance education issues a high school diploma to a student, the student must have successfully completed: 1 . The twenty-two units of high school coursework set forth in section 1 5 . 1 -2 1 -02.2; and 2. Any additional units of high school coursework required by the issuing entity, two of which may be theological studies if taught in a nonpublic school by an approved theological studies instructor.

• 1 5 . 1 -2 1-02 .2 . High school graduation - Minimum requirements . Except as provided in section 1 5 . 1 -2 1 -02 .3 , the following twenty-two units of high school coursework constitute the minimum requirement for high school graduation: 1 . Four units of English language arts from a sequence that includes literature, composition, and speech; 2. Three units of mathematics, which may include one unit of computer science approved by the superintendent of public instruction; 3 . Three units of science, consisting of: a. ( 1 ) One unit of biology; (2) One unit of chemistry; and (3) One unit of physics; or b . ( 1 ) One unit of biology; (2) One unit of physical science; and (3) One unit or two one-half units of any other science; 4 . Three units of social studies, including: a. One unit of United States history; b. ( 1 ) One-half unit of United States government and one-half unit of economics ; or (2) One unit of problems of democracy; and 2 c. One unit or two one-half units of any other social studies, which may include

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civics, civilization, geography and history, multicultural studies, North Dakota studies, psychology, sociology, and world history; 5 . a. One unit of physical education; or b . One-half unit of physical education and one-half unit of health; 6. Three units of: a. Foreign languages; b. Native American languages; c. Fine arts; or d. Career and technical education courses; and 7 . Any five additional units.

• 1 5 . 1 -2 1-03 . High school unit - Instructional time. 1 . Except as provided in subsection 2, each unit must consist of at least one hundred twenty hours of instruction per school calendar. 2. The following units must consist of at least one hundred fifty hours of instruction per school calendar: natural sciences, agriculture, business and office technology, marketing, diversified occupations, trade and industrial education, technology education, and health careers. 3 . The hour requirements of this section are subject to reductions resulting from the holidays and nonstudent contact days provided for in section 1 5 . 1 -06-04. 4 . This section does not apply to schools or school districts having block schedules approved by the superintendent of public instruction.

• 1 5 . 1 -2 1 -08 . Reading, mathematics, and science - Administration of test. 1 . The superintendent of public instruction shall administer to public school students a test that is aligned to the state content and achievement standards in reading and mathematics. This test must be administered annually to all public school students in grades three, four, five, six, seven, eight, and in at least one grade level selected from nine through twelve . 2 . The superintendent of public instruction shall administer a test that is aligned to the state content and achievement standards in science. This test must be administered to all public school students in at least one grade level selected from three through five, in at least one grade level selected from six through nine, and in at least one grade level selected from ten through twelve.

• 1 5 . 1 -2 1- 1 7 . Interim assessment. Each school district shall administer annually to students in grades two through ten the measures of academic progress test or any other interim assessment approved by the superintendent of public instruction

• 1 5 . 1 -2 1 - 1 8. Career interest inventory - Educational and career planning - Consultation. 1 . A school district shall administer to students, once during their enrollment in grade seven or eight and once during their enrollment in grade nine or ten, a career interest inventory recommended by the department of career and technical education and approved by the superintendent of public instruction. 2. At least once during the seventh or eighth grade, each school district shall arrange for students to participate in either an individual consultative process or a nine-week course, for the purpose of discussing the results of their career interest inventory, selecting high school courses appropriate to their educational pursuits and career interests, and developing individual high school education plans. 3 . Each school district shall notify its high school students that, upon request, a student is entitled to receive a consultative review of the student's individual high school education plan at least once during each high school grade. Upon the request of a student, the school district shall provide the consultative review. 4. Each school district shall verify compliance with the requirements of this section at the time and in the manner required by the superintendent of public instruction .

'N'DC�L is the stroneest u1 1ifJin8 voice rryresenti"t} and sunortin8 administrntors an;{ educationa( (eaders in ym·suit ef quality educat ion for a(( students in 'North 'Dakota.

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CHAPTER 1 5 . 1 -1 9 STUDENTS AND SAFETY

1 5. 1 -1 9-01 . Lega l surname - Use. Personnel in a public school district , a nonpublic school , a preschool program, and a child

care facility shall use a student's legal su rname for registration , for the maintenance of all records regarding the student , and in all communications requiring the use of a su rname .

1 5. 1 -1 9-02. Corpora l punishment - Proh ibition - Cons istent pol ic ies. 1 . A school district employee may not inflict, cause to be inflicted , or th reaten to inflict

corporal punishment on a student . 2 . This section does not prohibit a school district employee from using the degree of

force necessary : a . To quell a physical disturbance that th reatens physical inju ry to an individual o r

damage to property; b. To quell a verbal disturbance ; c . Fo r self-defense; d . For the preservation of order; or e . To obtain possession of a weapon o r other dangerous object within the control of

a student . 3 . For pu rposes of this section , corporal punishme nt means the willful infliction of

physical pain on a student ; willfully causing the infliction of physical pain on a student ; o r willfully allowing the infliction of physical pain on a student . Physical pain or discomfort caused by athletic competition o r other recreation al activities volunta rily engaged in by a student is not corporal pun ishment . A school board may not expan d through policy the definition of corporal punishment beyond that provided by this subsection .

4 . a . The board o f each school district shall develop policies setting forth standards for student behavior, procedu res to be followed if the standards a re not met, and guidelines detailing how all incidents are to be investigated .

b . The board shall ensure that the policies , procedures , and guidelines applicable to all elementary schools in the district a re identical, that the policies , procedures , and guidelines applicable to all middle schools in the district a re identical, and that the policies , procedures , and gu idelines applicable to all high schools in the district are identical.

1 5. 1 -1 9-03. Period of s i lence. Repealed by S . L . 2001 , ch . 1 87 , § 2 .

1 5. 1 -1 9-03.1 . Recitation of prayer - Period of s i lence - P ledge of a l legiance . 1 . A student may voluntarily pray aloud o r participate in religious speech at any time

before , du ring , or after the schoolday to the same extent a student may volunta rily speak or participate in secular speech .

2 . A student of a public o r nonpublic school may not b e prohibited from volunta rily participating in any student-initiated prayer at a n activity held on the premises of a public or nonpu blic school.

3 . A school board , school administrator, or teacher may not impose any restriction on the time , place , manner, or location of any student-initiated religious speech o r prayer which exceeds the restriction imposed on stu dents' secula r speech .

4 . A school board may, by resolution , allow a classroom teacher to impose up to o n e minute o f silence for meditation , reflection , o r prayer at the beginning o f each schoolday

5 . A school boa rd may autho rize the voluntary recitation o f the pledge o f allegian ce by a teache r or one or more students at the beginning of each schoolday. A student may

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n ot be requ i red to recite the pledge of a l leg iance , stand during the recitation of the pledge of alleg iance , or salute the American flag.

1 5. 1 -1 9-04. Rel ig ious i nstruction - Excuse of student. At the request of a student's parent or guard ian , the student's school principal shall perm it a

student to be excused for up to one hour each week in o rder to obta in relig ious instruction .

1 5. 1 -1 9-05. Birth control device - Distri bution - Restriction. No person wh ile acting i n a n official capacity as an employee or agent of a school d istrict

may d istribute a birth control device to a student . This section does not apply to the d istribut ion of a birth control device by an employee or agent to a ch ild of that employee o r agent .

1 5. 1 -1 9-06. Abort ion referra ls. 1 . No person wh ile act ing i n an official capacity as an employee or agent of a school

d istrict may refer a student to a nothe r person , agency, or entity for the purpose of obta in i ng an abortion . Th is provis ion does not extend to private commun ications between the employee o r agent and a ch ild of the employee or agent .

2 . Between normal ch ildb irth and abortion , i t i s the policy o f the state of North Dakota that normal ch ildbirth is to be given preference , encou ragement , and support by law and by state action . A person acting in an official capacity as an employee or agent of a school d istrict, between normal childb i rth and abortion , shall give preference, encouragement , and support to normal childb irth . No public school i n the state may endorse o r support a ny p rogram that, between normal ch ildbirth and aborti on , does not g ive prefe rence , encouragement, and support to normal ch ildb irth . No public school of the state may authorize a presentation to students that, between normal childbirth and abortion , does not g ive prefe rence , encou ragement, and support to normal childbirth .

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1 5. 1 -1 9-07. Communica ble parasites - Detection and eradication . • The boa rd of a school d istrict may contract with l icensed health care personnel to assist i n

the detect ion and erad icat ion of commun icable paras ites.

1 5. 1 -1 9-08 . Homeless ch i ld - Education. 1 . A homeless ch ild is entitled to a free pub l ic school education , i n the same manner as

that p rovided to other public school students , i n accordance with the Stewart B . McKin ney Homeless Assistance Act [Pub . L . 1 00-77 ; 1 0 1 Stat . 525 ; 42 U .S .C. 1 1 43 1 et seq . ] .

2 . A school d istrict shall allow a nonres ident homeless ch ild to attend school . 3 . F o r the purposes o f th is secti on , "homeless ch ild" means a homeless ind iv idual as

described in t he Stewart 8 . McKin ney Homeless Ass istance Act [Pub . L . 1 00-77 , sect ion 1 03(a) ; 1 0 1 Stat . 485 ; 42 U .S .C . 1 1 302] and as defined in rules adopted by the superintendent of public i nstruction .

4 . The superintendent of public i nstruction shall adopt rules to implement th is secti on . The rules must provide for the educational placement o f homeless ch ildren accord ing to the ch ild 's best i nterest.

1 5. 1 -1 9-09. Students - Suspension and expuls ion - Rules. 1 . The board of a school d istrict shall adopt rules regard ing the suspens ion and expuls ion

of a student . The rules for expuls ion must provide for a procedu ral due process heari ng i n the manner provided for i n s ubsection 2 of section 1 5 . 1 - 1 9- 1 0 , before the determ inat ion to expel a student is made . A student's parent or representative must be allowed to participate in the expuls ion hearing .

2 . A student may b e suspended for up to ten days for insubord ination , habitual i ndolence ,

• disorderly conduct, or fo r violating a school d istrict weapons policy.

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3 . A student en rolled i n an a l te rnative education program for wh ich state p e r student payments a re ava ilable may be suspended for u p to twenty days for i nsubord inati on , habitual indolence , d isorderly conduct , o r for violat ing a school d istrict weapons policy .

4 . A student , i nclud ing one en rolled i n an alternative education program, may b e expelled from school for insubordinat ion , hab itual indolence , or d isorderly conduct; provided the expuls ion does not last beyond the termination of the current school year. A student who violates the school d istrict's weapons policy may be expelled for up to twelve months .

1 5 . 1 -1 9-1 0. Possession of a weapon - Pol icy - Expuls ion from school . 1 . The board of each school d istrict shall adopt a policy govern ing the possess ion of

weapons and fi rearms on school property or at a school function and provide for the pun ishme nt of any student found to be i n violation of the policy.

2 . The policy must proh ibit the possess ion of a weapon o r a firearm by a student on school property and at school functions and provide for the pun ishment of any student found to be in violation . Pun ishment must i nclude immed iate suspens ion from school and expuls ion. A student who possesses a firearm in violation of th is sect ion must be expelled for at least one year. The school d istrict firea rms policy must au tho rize the school d istrict superintendent or the school pri ncipal, if the school d istrict does not have a superintendent , to modify an expuls ion for firearms possess ion u nder th is sect ion on a case-by-case basis i n accordance with criteria established by the board . Before expelli ng a student, a school board or i t s des ignated hearing officer, with i n ten days of the student's suspens ion , shall provide the student with a hearing at wh ich time the schoo l board or its des ignated heari ng officer shall take testimony and cons ider evidence , i nclud ing the existence of mitigating circumstances . If a des ignated heari ng officer orders that a student be expelled , the student may seek a review of t he decis ion by the school boa rd , based on the record of the expuls ion heari ng .

3 . If a school d istrict expels a student u n der th is section , the d istrict may authorize the provis ion of educational services to the student i n an alternative setti ng .

4 . Actions under th is section may no t conflict with state special education laws or with the Indiv iduals With Disabilit ies Education Act [Pub . L. 9 1 -230 ; 84 Stat. 1 2 1 ; 20 U .S .C . 1 400 e t seq . ] .

5 . Th is section does not apply to any student participating i n a sch ool-sponsored shooti ng sport, provided the student informs the school principal of the student's participation and the student complies with all requ i rements set by the principal regard ing the safe handling and storage of the firearm .

6 . For purposes o f th is section : a . "F i rearm" has the mean ing provided in Publ ic Law No . 90-35 1 [82 Stat. 1 97 ;

1 8 U .S .C . 92 1 ] . b . "School property" includes all lan d with i n the perimeter o f the school site and all

schoo l bu i ld ings , structu res , facilities , and school veh ic les , whether owned o r leased b y a school d istrict, a n d the site o f any school-sponsored event or activity.

1 5. 1 -1 9-1 1 . School safety patrols - Estab l ishment - Adoption of rules. The board of a school district o r the governing body of a nonpublic school may authorize a

school p rincipal o r admin istrator to establ ish a safety patrol and to appoint students to the safety patrol . Any student enrolled in g rade five or h igher is eli g ible for appointment to a safety patrol , provided the student's parent has filed written permiss ion with the school pri nci pal or admin istrator. The superintendent of publ ic i nstruction shall adopt rules to gu ide safety patrol members in the conduct of the i r duties and s hall specify the identification to be worn and the s ignals to be used by safety patrol members wh ile on duty.

1 5. 1 -1 9-1 2 . School safety patrols - Immun ity from l iab i l ity . The superintendent of public instruction , schools , school boards and i nd ividual school boa rd

members , gove rn in g boards and i nd iv idual gove rn i ng board members , admin istrators ,

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principa ls , teachers , safety patro l members whether students or adu lts , and parents of safety patro l student members a re immune from any l iab i l ity that migh t otherwise be incu rred as a resu lt of an i nj ury to a safety patro l member or as a resu lt of a n i nj ury caused by an act o r omiss ion on the part of a safety patro l member wh ile on duty, provided that the persons s ubstantia l ly compl ied with the ru les to gu ide safety patrol members , as adopted by the superi ntendent of pub l ic in struct ion .

1 5 . 1 -1 9-1 3 . Alcohol or control led substa nce - Use or possession b y student -Notifi cation of pri nc ipa l - Exception .

If a teacher knows or has reason to be l ieve that a student is us i ng , is i n possession of, o r is de l ivering a lcoho l o r a contro l led substance wh i le the student is o n schoo l p roperty, involved in a school-re lated activity, o r in attendance at a schoo l-sponsored event , the teacher shal l notify the student's pri ncipa l . The n otification requ i rement i n th is sect ion does not apply to a teacher or admin istrator who participates i n a juven i le drug cou rt program and rece ives confident ia l i nformation rega rd ing a student as a resu lt of participat ion i n the program. Th is section does not prevent a teacher or any other schoo l employee from reporting to a law enforcement agency any vio lat ion of law occurri ng on schoo l property, at a schoo l -re lated activity, or at a schoo l-sponsored event .

1 5. 1 -1 9-1 4 . School law enforcement un it. 1 . A schoo l may create o r designate a school law enforcement u n it as defined i n the

Fami ly Educationa l R ights and Privacy Act [20 U .S .C . 1 232(9)) and ru les adopted under the Act . Records of a schoo l law enforcement u n it regard ing a student at a schoo l are confident ia l but may be re leased to : a . A juven i l e court having the student before it i n any proceed ing ; b . Counse l for a party to the proceed ing ; c . Officers of publ ic entit ies to whom the student is committed ; d . Officers o f a state o r loca l law enforcement agency for u se in t h e discharge of

the i r officia l d uties ; e . A superintendent or principa l of another schoo l i n wh ich the student wishes to

enro l l ; a nd f. The student's parent, legal guard ian , or legal custod ian .

2 . Noth ing i n th is section restricts the re lease of genera l information that does not identify the student .

3 . Th is section does not apply to education records that a re confidentia l u nder federa l law.

1 5. 1 -1 9-1 5 . Record retention. Records regarding a student obta ined by a schoo l under section 1 5 . 1 - 1 9- 1 4 , section

27-20-5 1 , o r section 27-20-52 must be destroyed when the student reaches the age o f e ighteen o r no longer attends the schoo l , wh ichever occu rs later.

1 5. 1 -1 9-1 6 . Asthma - Ana phylaxis - Self-admin istration of med ication by student -Liab i l i ty.

1 . A student who has been d iagnosed with asthma or anaphylaxis may possess and self-admin ister emergency med icat ion for the treatment of such cond it ions provided the student's pare nt files with the school a document that is s igned by the student's hea lth care provider and wh ich : a . Ind icates that the student has been instructed in the self-admin istration of

emergency medication for the treatment of asthma or anaphylaxi s ; b . L ists the name, dosage , and frequency of a l l med icat ion prescribed to the student

for use i n the treatment of the. student's asthma or anaphylaxis ; and c . Incl udes gu ide l ines for the treatment of the student i n the case of an asthmatic

episode o r anaphylaxis .

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2 . Neither a private school o r a school district nor any employee of the private school or district is liable for civil damages incurred by: a. A student who administers emergency medication to himself or he rself in

accordance with subsection 1 . b . An individual because a student was permitted to possess emergency medication

in accordance with subsection 1 . 3 . For purposes of this sectio n , "emergency medication " includes a prescription drug

delivered by inhalation to alleviate asthmatic symptoms and an epineph rine autoinjectable pen .

1 5 . 1 -1 9-1 7 . Bul lying - Defin ition . As used in sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 : 1 . "Bullying" means:

a. Conduct that occurs in a public school , on school district premises , in a district owned o r leased schoolbus o r school vehicle , or at any public school or school district sanctioned o r sponsored activity o r event and which : ( 1 ) Is so seve re , pervasive , or objectively offensive that it substantially interfe res

with the student's educational o pportunities ; (2 ) Places the student in actual and reasonable fear of harm ; (3) Places the student in actual and reasonable fear of damage to property of

the student ; or (4) Substantially disrupts the orderly operation of the public school; or

b . Conduct that i s received by a student while the student i s in a public school , on school district premises , i n a district owned or leased schoolbus or school vehicle , or at any public school o r school district sanctioned or sponsored activity or event and which : ( 1 ) Is so severe , pervasive , or objectively offensive that it substantially interferes

with the student's educational o pportunities ; (2 ) Places the student in actual and reasonable fear of harm; (3) Places the student in actual and reasonable fea r of damage to property of

the student ; or (4) Substantially dis rupts the orderly operation of the public school .

2 . "Conduct" includes the use o f technology o r other electronic media .

1 5. 1 -1 9-1 8 . Bul lying - Prohibit ion by pol icy. 1 . Before July 1 , 20 1 2 , each school district shall adopt a policy providing that while at a

public school, on school district premises, in a district owned o r leased schoolbus or school vehicle , or a t any public school o r school district sanctioned or sponsored activity or event, a student may n ot: a . Engage in bullying; o r b . Engage in reprisal o r retaliation against:

( 1 ) A victim of bullying ; (2) An individual who witnesses an alleged act of bullying ; (3) An individual who reports an alleged act of bullying ; o r (4) An individual who provides info rmation about an alleged act of bullying .

2 . The policy required by this section must: a . Include a definition o f bullying that at least encompasses the conduct described in

section 1 5 . 1 - 1 9- 1 7; b . Establish procedures for reporting and documenting alleged acts o f bullying ,

reprisal, o r retaliation , a n d include procedures for anonymous reporting of such acts ;

c . Establish procedures , including timelines , for school district personnel to follow in investigating reports of alleged bullying , reprisal, or retaliation ;

d . Establish a schedule for the retention of any documents generated while investigating reports of alleged bullying , reprisal, or retaliation ;

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e . Set forth the d iscip l i nary measu res appl icable to a n i nd ividua l who engaged i n bu l ly ing or who engaged i n reprisa l o r reta l iati on , a s set forth i n subsection 1 ;

f. Requ i re the notificat ion of law enforcement personne l if an i nvestigat ion by school d istrict personne l results in a reasonable suspicion that a crime might have occurred ;

g . Establ ish strateg ies to protect a victim of bu llying , reprisal, o r reta l iat ion ; and h . Establ ish d iscip l i na ry measures to be imposed upon an i nd ividua l who makes a

fa lse accusation , report, o r compla in t perta in ing to bu l lyi ng , reprisa l , o r retaliat ion . 3 . I n deve lop ing the bu l ly ing po l icy requ i red by th is section , a school d istrict sha l l involve

parents , school d istrict employees , volun teers , students, school d istrict admin istrators , law enforcement personne l , domestic vio lence sexua l assau lt organ izat ions as defined by subsection 3 of sect ion 1 4-07. 1 -0 1 , and commun ity representatives .

4 . U pon complet ion of the po l icy requ i red by this section , a school d istrict sha l l : a . Ensure that the po l icy is expla ined to and d iscussed with i ts students ; b . F ile a copy of the po l icy with the superintendent of pub l i c i nstruction ; and c . Make the po l icy availab le i n student and personne l handbooks.

5 . Each school d istrict sha l l review a n d revise its pol icy a s i t dete rmines necessary and sha l l fi le a copy of the revised policy with the superintendent of pub l ic i nstruction .

1 5. 1 -1 9-1 9 . Professional development activities. Repealed by S . L . 20 1 7 , ch . 350 , § 6 .

1 5. 1 -1 9-20. Bu l lyi ng prevention programs. Each school d istrict sha l l p rovide bullying prevention programs to al l students from

k indergarten through grade twelve .

1 5. 1 -1 9-21 . Causes of action - I mmunity - School d istricts. 1 . Sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 do not prevent a victim from seeki ng redress

pu rsuant to any other applicable civ i l or crim ina l law. Sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 do n ot create or a lter any civil cause of action for monetary damages aga inst any person or schoo l district , nor do sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 constitute grounds for any cla im or motion ra ised by either the state or a defendant i n any proceed ings .

2 . Any ind ividua l who promptly, reasonab ly, and i n good faith reports a n i ncident of bu l lyi ng , reprisa l , or reta l iation to the school d istrict employee or officia l des ignated in the schoo l d istrict bu l ly ing pol icy is immu ne from civil or crimina l l iab il ity resu lt ing from o r re lat ing to the report o r to the ind ividua l's participation i n any admin istrative or j udicia l proceed ing stemmin g from the report.

3 . A schoo l d istrict a n d its employees are i mmune from any l iab ility that might otherwise be i ncu rred as a resu lt of a student having been the recip ient of bullyi ng , if the schoo l d istrict implemented a bu l ly ing po l icy, as requ ired by section 1 5 . 1 - 1 9- 1 8 and substant ially compl ied with that pol icy.

1 5. 1 -1 9-22 . Causes of action - I mmunity - Nonpubl ic schools. 1 . Sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 do not prevent a victim from seeking redress

pursuant to any othe r appl icable civil or crim ina l law. Sections 1 5 . 1 - 1 9- 1 7 through 1 5 . 1 - 1 9-22 do not create or a lte r any civil cause of action for monetary damages against any person or nonpubl ic schoo l , nor do sections 1 5 . 1 - 1 9- 1 7 th rough 1 5 . 1 - 1 9-22 constitute grounds for any c la im or motion ra ised by e ithe r the state or a defendant in any proceed ings .

2 . Any ind ividual who promptly, reasonab ly, and in good faith reports an i ncident of bu l lyi ng , reprisal, o r retaliat ion to the nonpubl ic schoo l employee o r official designated in the school 's bu l lying po l icy is immune from civi l o r crim ina l l iab i l ity resu lt ing from or re lati ng to the report or to the ind ividua l' s participation i n any admin istrative or j ud icial proceed ing stemming from the report.

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3 . A nonpubl ic school and its employees are immune from any l iab i l ity that might otherwise be incu rred as a resu lt of a student having been the recipient of bu l lyi ng , if the schoo l implemented a bu l lying po licy, simi lar to that required by section 1 5 . 1 - 1 9- 1 8 and substantia l ly compl ied with that policy.

1 5. 1 -1 9-23. Medication program - Establ ishment - Opt-out - L iab i l i ty - Immunity from l iab i l i ty.

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The board o f a school district o r the governing body o f a nonpublic schoo l may establish a program for providing medication to students that includes authorizing individua ls to p rovide medication to a student if the individua l has received education and training in medication administration and has received written consent of the student's parent o r guardian . A teacher or classified staff member, who is not employed as a licensed hea lth care provider to provide medication , may choose to not p rovide medication u nder the program established under subsection 1 . An individua l authorized to provide medication under subsection 1 , or a school district, the board of a schoo l district, o r the governing body of a nonpublic schoo l that establishes a program for providing medication to students is not civil ly or crimina l ly liable for any act o r omission of that individua l when acting in good faith whi le providing medication to a student , except when the conduct amounts to gross negl igence .

1 5 . 1 -1 9-24. Youth su ic ide prevention - Trai n ing . Repealed by S . L . 2 0 1 7 , ch . 350 , § 6 .

1 5. 1 -1 9-25. Student journal ists - Freedom of expression - Civi l remedy. 1 . As used in this section :

a . "Protected activity" means an expression o f free speech or freedom o f the press . b . "Schoo l-sponsored media" means any material that is prepared , substan tia l ly

written , published, o r broadcast by a student journa list at a public schoo l , distributed o r general ly made available to members of the student body, and prepared unde r the direction of a student media adviser. The term does not include any media intended for distribution o r transmission solely in the classroom in which the media is produced .

c . "Student journa l ist" means a pub lic sch oo l student who gathers , compiles , writes , edits , photographs, records , o r prepares info rmation for dissemination in schoo l-sponsored media .

d . "Student media adviser" means an individua l employed , appointed , or designated by a schoo l d istrict to supervise o r provide instruction re lating to schoo l-sponsored media .

2 . Except a s provided in subsection 3 , a student jou rna list has the right to exercise freedom of speech and of the press in school-sponsored media , regard less of whethe r the media is supported financia l ly by the schoo l district , by use of facilities o f the school district , or produced in conjunction with a class in which the student is en ro l led . Subject to subsection 3 , a student journa list is responsible for determining the news , opinion , feature , and advertising content o f school-sponsored media . This subsection may not be construed to prevent a student media adviser from teaching professiona l standards of E ng lish and journa lism to student journa lists . A student media adviser may not be dismissed , suspended , or disciplined for acting to protect a student journa list engaged in a protected activity or for refusing to infringe on a protected activity.

3 . Th is section does not authorize or protect expression by a student that : a . I s libelous , s landerous , or obscene ; b. Constitutes an unwarranted invasion of privacy; c. Violates federa l or state law; or

d . S o incites students as t o create a clear and present danger o f the commission of an u n lawfu l act , the vio lation of school district policy, o r the materia l and substantia l disruption of the o rderly operation of the schoo l .

4 . A schoo l district may not au thorize any prio r restraint of any schoo l-sponsored media except when the media : a . I s libe lous , s landerous , or obscene ; b . Constitutes an unwarranted invasion of privacy ; c . Violates federa l o r state law; or d . S o incites students as t o create a clear and present danger o f the commission of

an u n lawfu l act, the vio lation of schoo l district policies , o r the materia l and substantia l dis ruption of the orderly operation of the schoo l .

5 . A school district may not sanction a student operating a s an independent jou rna list. 6 . Each schoo l district sha l l adopt a written student freedom o f expression pol icy in

accordance with this section . The po licy must include reasonable p rovisions for the time , p lace , and manner of student expression . The pol icy may also incl ude limitations t o language that may be defined as profa ne, harassing , threatening , o r intimidating . An expression of free speech or freedom of the press made by a student journa list under this section may not be construed as an expression of school policy. A schoo l , schoo l officia l , employee , or parent o r lega l guardian of a student journa list may not be liab le in any civil o r crimina l action for an expression of free speech or freedom of the press made by a student journa list , except in the case of wi l lfu l o r wanton misconduct.

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1 5. 1 -1 8. 1 -01 . Defin itions.

CHAPTER 1 5. 1 -1 8 . 1 TEACHER CERTIFICATION

As used in this chapter, unless the context otherwise req uires : 1 . "Board" means the education standards and practices board . 2 . "Certification " means national board certification a s provided b y the nationa l board . 3 . "Nationa l board" means the national board for professional teaching standards.

1 5. 1 -1 8 . 1 -02. Nationa l board certification progra m - Recertification - Board duties. 1 . The board sha l l :

a . Info rm teachers of the national boa rd certificatio n program and the scholarships and services the national board provides to teachers seeking certification .

b . Collect and review in the o rder received scho larship applications from individuals who are licensed to teach by the board or approved to teach by the board .

c . ( 1 ) Approve no more than seventeen applications per year u nder this subsection ;

(2) During each yea r of the biennium, reserve th ree of the availab le scho larships under this subsection un til October first for individuals teaching at low-performin g schools . At that time, the th ree s lots , if not filled , become available to a l l other applicants ;

(3) Require the recipient for a scholarship u n der this subsection to serve du ring the school year as a full-time classroom teacher in a public or nonpubl ic schoo l in this state ; and

(4) If available , require the recipient for a scholarship under this subsection to participate in mentoring programs developed and implemented in the employing school o r school district .

d . Ensu re that all scho larship recipients u n der this subsection receive adequate information regarding the level of commitment requ ired to acquire certification .

2 . The board shall collect a n d review i n the o rder received scholarship applications for national board recertification from individua ls who a re licensed to teach by the boa rd or approved to teach by the boa rd and : a . Approve no more than three scholarship applications pe r year under this

subsectio n ; b . Require each recipient for a scho la rship under this subsection to serve during the

school year as a full-time classroom teache r in a public o r nonpub lic school in this state ; and

c. If available , require each recipient for a scholarship under this subsection to participate in mentoring programs developed and implemented in the employing school o r schoo l district.

3 . If any individual who receives a scholarship u n der this section does not complete the certification process within the time allotted by the board , the individual must reimbu rse the state an amount equal to one-ha lf of the amount awarded to the individual as a scholarship.

4 . At the conclusion of each school year after an individua l receives nationa l board certification , the board sha ll pay to an individua l an additional one thousand five hund red dolla rs for the life of the national board certificate if: a . The individua l was employed du ring the school year as a full-time classroom

teacher by a school district in this state ; and b . The individua l participated i n any efforts of the employing school district to

develop and implement teache r mentoring programs. 5 . A contract negotiated under chapter 1 5 . 1 - 1 6 may not preclu de or limit the ability of a

schoo l district or any other entity, public or private , from providing any remuneration to a teacher who has obtained nationa l board certification . Any remuneration received by a teacher as a consequence of having obtained nationa l board certification is in

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addit ion to any other compensation otherwise payable as a resu lt of any contract J::f' 9 t-f · negotiated u nder chapter 1 5 . 1 - 1 6 . fV 1

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CHAPTER 1 5. 1 -1 8 TEACHER QUALIFICATIONS

1 5. 1 -1 8-01 . Early chi ldhood education teaching l i cense . The education standards and practices board shal l issue an optional early chi ldhood

education teaching l icense or endorsement to an appl icant who meets the requirements set by the board . The optional early chi ldhood education teaching l icense may be used in nonparenta l settings such as early chi ldhood programs, preschool programs, and head start programs .

1 5. 1 -1 8-02. Prekindergarten and kindergarten teacher requ i rements. I n order to teach prekindergarten and kindergarten , an i ndiv idual must be : 1 . L icensed to teach by the education standards and practices board or approved to

teach by the education standards and practices board ; and 2. a . Have a major in elementary education and a kindergarten endorsement;

b . Have a major equivalency in e lementary education and a kindergarten endorsement;

c. Have a major in elementary education and an early ch i ldhood education endorsement;

d . Have a major equivalency i n elementary education and an early chi ldhood education endorsement;

e. Have a major i n early chi ldhood education ; f . Have a major equivalency in early chi ldhood education ; or g. Have a m inor i n early chi ldhood education .

1 5 . 1 -1 8-02. 1 . Grades one through twelve - Teacher requ i rements. 1 . An i ndividual who is l icensed to teach by the education standards and practices board

or approved to teach by the education standards and practices board may teach any g rade from one through eight, provided the indiv idual meets any requi rements establ ished in accordance with section 1 5. 1 - 1 8- 1 0 and has: a. A major in elementary education ; or b. A major equivalency in elementary education .

2 . An ind ividual who is l icensed to teach by the education standards and practices board or approved to teach by the education standards and practices board may teach any grade from five through eight, provided the indiv idual has : a. A major in middle level education ; or b. A major equivalency i n m iddle level education .

3 . An i ndiv idual who is l icensed to teach at the secondary level by the education standards and practices board or approved to teach at the secondary level by the education standards and practices board may teach any area at any grade from five through twelve, provided the i ndiv idual has: a . A major i n the area being taught; b. A major equivalency in the area being taught; c. A m inor in the area being taught; or d. A m inor equivalency in the area being taught.

1 5. 1 -1 8-03. Grades n ine through twelve - Teacher qual ifications - Exceptions. Repealed by S. L. 2003, ch . 1 57 , § 1 1 .

1 5. 1 -1 8-04. Student teacher - Eminence-credentialed teacher - Legal authority and status.

1 . An indiv idual assigned as a student teacher or employed as an eminence-credentia led teacher has the same legal authority and status as a l icensed teacher employed by the school d istrict. The authority extends to al l aspects of student management and d iscipl ine , the handl ing of confidentia l student records , and to al l legal authority granted to a l icensed teacher in the state .

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H/3 rJ;:,0 2 . An ind ividual assigned as a student teacher o r employed as an eminence-credentia led I - ( b .,.( 1

teacher must be deemed a l icensed teacher employed by the district with respect to � acts performed by the individual at the d i rection of or with the consent of the district Ip employees under whose supervis ion and control the indiv idual performs duties , ttd 1 whether or not the duties are performed enti rely in the presence of d istrict employees assigned to supervise the ind iv idua l .

3 . An ind ividual assigned as a student teacher or employed as an eminence-credentia led teacher must be deemed an employee of the school d istrict for purposes of l iab i l ity insurance coverage under sections 32- 1 2 . 1 -05 and 39-01 -08.

4. For purposes of this chapter, "em inence-credentialed teacher" means an ind ividual who provides teaching services i n accordance with subsection 21 of section 1 5. 1 -09-33.

1 5. 1 -1 8-05. Specia l education strategist credential . I n addition to any other credentia l , the superi ntendent of publ ic instruction shal l implement a

special education strategist credentia l , effective August 1 , 2001 . Any i ndiv idual who obtains a special education strategist credential and meets a l l other teacher l i censure requ i rements imposed by statute may provide special education services i n the areas of intel lectual d isab i l it ies , emotional d isturbance, and specific learning disabi l ities .

1 5. 1 -1 8-06. Provisional special educat ion strategist credential . Begi nning August 1 , 2001 , upon appl i cation the superintendent of pub l ic instruction shal l

issue a provisional special education strategist credentia l to any indiv idual who is l i censed to teach by the education standards and practices board or approved to teach by the education standards and practices board and who holds a credentia l appl icable to the areas of i ntel lectual d isabi l it ies , emotional disturbance, or specific learn ing disabi l i ties. The provis ional credential must be made avai lable to the ind ividual for the lesser of three years or the period of t ime requ i red by the i ndividual to comp lete the requirements for a special education strateg ist credentia l .

1 5. 1 -1 8-07. Elementary school teacher qual ifications. Repealed by S. L. 20 1 7 , ch. 1 38 , § 4 .

1 5. 1 -1 8-08. M iddle school teacher qua l ifications. Repealed by S. L. 20 1 7, ch . 1 38 , § 4.

1 5. 1 -1 8-09. H igh school qual ifications. Repealed by S.L . 201 7 , ch . 1 38 , § 4 .

1 5. 1 -1 8-1 0. Specia lty areas - Teacher qual ification. Notwithstanding the requ i rements of th is chapter: 1 . An i nd ividual may teach art, business education, computer education, a foreign

language, music, physica l education , specia l education , and technology education at any grade level from kindergarten through grade eight, provided the i ndividual : a . I s l icensed to teach by the education standards and practices board ; b . I s approved to teach i n that area by the education standards and practices board ;

and c. Meets all requ i rements set forth in rule by the superintendent of publ ic instruction .

2 . An ind ividual may teach Native American languages provided the i ndividual is an eminence-credentia led teacher.

3 . An ind ividual may teach i n the areas of trade , industry, techn ical occupations, or health occupations, provided the ind iv idual has been issued a l icense to teach i n such areas by the education standards and practices board .

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1 5 . 1 -1 8-1 1 . Rural school d istricts - Federal flexibi l ity. The education standards and practices board may extend the effective dates for any

provision in this chapter if the United States secretary of education by rule , policy, or guidance authorizes such extension .

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1 5. 1 -1 3-01 . Definitions . For purposes of this chapter:

CHAPTER 1 5. 1 -1 3 TEACHER LICENSING

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1 . "Admin istrator" means an i ndiv idual who holds an admin istrator's credentia l and who is employed by the board of a school d istrict for the primary purpose of provid ing admin istrative services to the schools of the d istrict. The term includes a school d istrict superintendent, an assistant or associate school d istrict superintendent, a school pri ncipa l , an ass istant or associate school principal , a specia l education d i rector, a d i rector of a mu ltid istrict specia l education un it, a career and technical education d i rector, and a d i rector of an area career and technology center. The term may i nclude an athletic or activity d i rector who meets the requirements of this subsection .

2 . "Board" means the education standards and practices board . 3 . "Profession of teachi ng" means provid ing services i n an approved school as a teacher,

counselor, l ibrarian , curricu lum d i rector or supervisor, speech or language therapist, school psycholog ist, special educator, or admin istrator.

1 5. 1 -1 3-02. Education standards and practices board - Membership . 1 . The governor shal l appoint to the education standards and practices board :

a . Four indiv iduals who are publ ic school classroom teachers ; b . One ind iv idua l who is a nonpubl ic school classroom teacher; c. Two individua ls who are school board members ; d . Two indiv iduals who are adm in istrators ; and e . One dean of a col lege of education or cha i rman of a department of education .

2 . The superintendent of publ ic i nstruction or the superintendent's designee sha l l serve as a nonvoti ng ex offic io member .

1 5. 1 -1 3-03. Board compensation. Each member of the board is entitled to rece ive compensation i n the amount of s ixty-two

dol lars and fifty cents per day and to reimbursement for expenses as provided by law for other state officers wh i le attending meetings or performing duties d irected by the board . A member of the board may not lose the member's regu lar salary and may not be requ i red to refuse the compensation to which the member is entitled under this section for serv ing on the board .

1 5. 1 -1 3-04. Term of office - Vacancy. The term of office for a member of the board is three years , beg inn ing on July fi rst of the

year of appointment. No person may serve for more than two consecutive terms. If a vacancy occurs , it must be fi l led for the duration of the unexpi red term in the same manner as an orig ina l appointment.

1 5. 1 -1 3-05. Officers. The board annual ly sha l l select a chai rman and a vice chairman. The executive d i rector of

the board or the executive d i rector's designee shal l serve as secretary.

1 5. 1 -1 3-06. Meetings - Notice. The chairman of the board shal l set the date and time of the board meetings and sha l l

provide at least ten days' notice of the meeting to a l l board members . The chairman shal l cal l a special meeting when requested to do so, i n writing , by a majority of the board members.

1 5. 1 -1 3-07. Quorum - Revocation requ irement. 1 . A majority of the board constitutes a quorum . 2 . Except as otherwise provided in this section , a majority of the quorum at any meeting

has the authority to act upon any matter properly before the board .

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3 . At least five members of the board must consent to the revocation of an i nd iv idua l 's teaching l icense .

1 5. 1 -1 3-08. Board duties . The board shal l : 1 . Supervise the l icensure of teachers. 2 . Set standards for and approve teacher preparation programs. 3 . Seek the advice of teachers , administrators , school board members , teacher

education professors , and other i nterested cit izens in developing and updating codes or standards of ethics, conduct, professional performance , and professional practices .

4 . Adopt, in accordance with chapter 28-32 , codes or standards of eth ics, conduct, professional performance , and professional practices .

5 . Make recommendations for the inservice education of ind ividuals engaged i n the profess ion of teaching .

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I ssue major equivalency endorsements and m inor equivalency endorsements . Appoint an executive director to serve at i ts d iscretion . Authorize the executive di rector to employ personnel , subject to approval by the board .

1 5. 1 -1 3-09. Board powers. The board may: 1 . Adopt ru les i n accordance with chapter 28-32 . 2 . Apply for and rece ive federa l or other funds o n behalf of the state for purposes related

to its duties. 3 . Perform any duty related to the improvement of i nstruction through teacher education ,

profess ional development, and continu ing education programs.

1 5. 1 -1 3-1 0. Criteria for teacher l icensure . 1 . The board shal l establ ish by rule the criteria for teacher l icensure and the process for

issui ng teaching l icenses . The criteria m ust i nclude considerations of character, adequate educational preparation , and general fitness to teach .

2 . The board may not requ i re a teacher who g raduated from a n accredited teacher education program on or before September 1 , 1 980, to earn any col l ege credits in native American or other multicu ltura l courses as a cond ition of l icensure or l icense renewal .

3 . This section does not affect the val i dity of teaching certificates i n effect on J uly 3 1 , 2001 .

4 . Th is section does not affect the qual ifications for career and technical education certificates , as otherwise establ ished by law.

1 5. 1 -1 3-1 0. 1 . Student teaching requi rements - Teachers l i censed in other states. I f an individual who is or was l icensed to teach in another state appl ies for a l icense to teach

in th is state, the education standards and practices board m ay not impose on the ind ividual any student teach ing requ i rements as a cond ition of l icensure . This section is appl icable to an ind iv idual who graduated from a state-approved regular education program but not to an indiv idual who completed an alternative education program as a condition of l icensure.

1 5. 1 -1 3-1 1 . Appl i cation and l icensing fees. 1 . The board may set and charge a fee for :

a. F i l ing an appl ication for a teachi ng l icense. b. I ssu ing a teaching l icense.

2 . Any fee col lected by the board must b e depos ited and d isbursed i n accordance with section 54-44- 1 2 .

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1 5 . 1 -1 3-1 2. Teach ing l i cense - Period of effectiveness. A teach ing l icense issued by the board is effective for at least one school year, un less

suspended or revoked by the board . This section does not apply to provis ional teach ing l icenses issued by the board under section 1 5 . 1 - 1 3- 1 3 .

1 5 . 1 -1 3-1 2. 1 . Teaching l icense - Lifetime l i censure. I f an individual has been l icensed to teach i n this state for a period of th irty years, the

education standards and practices board shal l g rant the i nd iv idual l i fetime l icensure. Nothing in this section precludes the board from taking any action aga inst an i ndividual 's l ifetime l i cense i f the board determines that the action is warranted under this chapter.

1 5. 1 -1 3-1 3. Provisional teaching l icense - Period of effectiveness - Renewal . The board may issue a provis ional teaching l i cense to an appl icant, pend ing completion of

the background check requ i red by section 1 5 . 1 - 1 3- 1 4 or pend ing the receipt of official transcripts or other orig ina l , s igned , or certified documents . The provisional l icense is val id for a period of forty days and may be renewed with the approval of the board . The board may adopt ru les governing the issuance of a provis ional teaching l icense . An indiv idual applying for a provis ional teaching l icense may be charged a fee establ ished by the board . However, an i ndividual applying for the renewal of a provis ional teaching l icense may not be charged a fee.

1 5 . 1 -1 3-1 4. Initia l and re-entry l icensure of teachers - Crim inal h istory record check. The board shal l check, or cause to be checked , the crim ina l h istory record of each appl icant

for i n it ial l i censure and re-entry l icensure as a teacher i n accordance with section 1 2-60-24. Al l costs associated with the background check and with obta ining and processing the fingerprints are the responsibi l ity of the appl icant. Crim inal h istory records provided to the board pursuant to this section are confidential and closed to the pub l ic and may only be used by the board for determin ing an appl icant's el ig ib i l ity for l icensure and obtain ing documentation to support a denial of l icensure.

1 5. 1 -1 3-1 5. Teach ing l i cense - Appl ication - Oath or affi rmation. 1 . Each appl icant for a teaching l i cense shal l subscribe to the fol lowing oath or

affirmation : I do solemnly swear (or affirm) that I wi l l support the Constitution of the

U nited States and the Constitution of the state of North Dakota , and that I wi l l faithfu l ly d ischarge the duties of my position , accord ing to the best o f my abi l ity.

2 . The appl icant shal l execute the oath or affirmation in dupl icate. One copy of the oath or affirmation must be fi led with the board when the appl icant appl ies for a teach ing l icense. The appl icant shal l reta in the other copy.

3 . The board may not issue a l icense to teach un less a duly witnessed or notarized oath or affirmation has been fi led with the board .

1 5. 1 -1 3-1 6. Teach ing l i cense - Student transcript. A student who has met all the criteria necessary to receive a teaching l i cense, but who has

not graduated from a col lege or university, may request that the col lege or un ivers ity provide a copy of the student's completed transcript to the board or to a comparable entity i n another state. With in ten days of the request by the student, the col lege or un iversity shal l provide a copy of the transcript showing that the student has met a l l the criteria necessary to receive a teaching l icense except graduation . The transcript must i nd icate areas in which the student has a major or minor.

1 5. 1 -1 3-1 7. Teaching l i cense - Requirements - Exceptions. 1 . An indiv idual may not engage i n the profession of teaching un less:

a . The ind ividual holds a teaching l icense issued by the board ; or b. The ind ividual is approved to teach by the board.

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A n individual may be approved to teach by the board only if the ind iv idual has previously held a North Dakota teaching certificate or l icense, holds a teach ing certificate or l icense issued by another state , or has fi led a completed appl ication for l icensure with the board . The board shal l adopt ru les establ ish ing the terms and condit ions under which an i ndividual may be approved to teach , as provided for i n th is section . The terms and conditions may include the payment of a fine to the board in an amount not exceeding two hundred fifty dol lars per i ncident, enro l lment i n and completion of continu ing education courses , and submission of a completed appl ication for l icensure by a date certain.

1 5. 1 -1 3-1 8. Teaching l icense - Presentation to business manager. 1 . Before being employed to teach by a school d istrict, an i nd ividual sha l l present to the

school district business manager a teach ing l icense or other evidence of approval to teach issued by the board .

2 . Before being employed to teach by a nonpubl ic school , an ind ividual shal l present to the school business manager a teaching l icense or other evidence of approval to teach issued by the board.

1 5. 1 -1 3-1 9. Teach ing l icense - Expiration . Notwithstand ing any other law, i f an i ndiv idual 's teaching l i cense expi res with in the fina l six

weeks of a school district's or nonpubl ic school's calendar, that individual 's l icense is deemed to be extended and in effect unt i l the completion of the school d istrict's or nonpubl ic school 's calendar.

1 5. 1 -1 3-20. Appl icants l icensed i n other states . 1 . The board shal l grant a teaching l icense to an appl icant who holds a regular teachi ng

l icense or certificate from another state , provided : a . The appl icant's l icensure or certification is based upon a min imum of a bachelor's

degree with a major that meets the issui ng state's requ i rements in early chi ldhood education , e lementary education , middle level education , or a content area taught at a publ ic h igh school ;

b . The appl icant's l icensure or certification is based upon the completion of a professional education sequence from a state-approved teacher education program and includes supervised student teach ing;

c. The appl icant submits the requ i red fee and a criminal h istory record check, as requ i red of in itia l appl i cants by this chapter; and

d . The criminal h istory record check reveals nothing for which a North Dakota appl icant would be den ied in it ia l l i censure.

2 . a . A l icense granted under th is section is val id for two years if the appl icant has not been l icensed i n another state for at least eighteen months .

b . Notwithstanding subdivis ion a , i f the ind ividual received a teaching l icense or certificate from another state on or after January 1 , 2002 , and if the issuing state d id not requ i re that the i ndiv idual pass a state test as a condition of l icensure or certification , the board shal l requ i re that the i ndividua l , withi n two years from the date of l icensure , pass al l state l i censure tests normal ly requ i red of appl icants from th is state .

c. I n a l l other cases, a l icense granted under this section is val id for five years and is renewable if the l icenseholder meets the re-education requ i rements establ i shed for al l five-year l icense renewals .

3 . A l icense granted under this section m ust i nclude al l of the appl icant's endorsements issued or recognized by the appl i cant's other state of l i censure .

1 5. 1 -1 3-21 . Reciprocal acceptance of teaching l icenses. Repealed by S. L. 20 1 1 , ch . 1 35, § 3 .

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1 5. 1 -1 3-22. Licensure of North Dakota American Indian language instructors. The board may l icense an indiv idual as an instructor of North Dakota American I nd ian

languages and cu lture i f the individua l is recommended for l i censure to teach North Dakota native languages by an ind igenous language board created by a tribal government in this state and if the i nd ividual :

1 . Displays competence in North Dakota American I ndian languages and culture and has successful ly completed a three-semester-hour course i n classroom instruction at a tribal col lege or other institution of h igher education; or

2 . Holds a baccalaureate degree and has knowledge of and experience i n North Dakota American I ndian languages and culture .

1 5. 1 -1 3-23. School guidance and counsel ing services - Providers. Notwithstanding any other law, gu idance and counsel ing services at the elementary and

secondary school level may be provided by a person hold ing a graduate degree i n counsel ing from a state-approved school counsel i ng program , with coursework and an internsh ip i n school counse l ing , as required for al l counselors by the superintendent of publ ic i nstruction, provided the person has a North Dakota teach ing l icense or wi l l obtain one withi n seven years from the date of fi rst employment under this section . The board shal l conduct a crim inal h istory record check in accordance with section 1 2-60-24 on each person h i red under this section . Al l costs associated with a background check are the respons ib i l ity of the person being h i red. The board shal l mon itor a person h i red under this section to ensure that the person annual ly completes at least one-seventh of the total credits requi red for that person to obta in a teaching l icense , as determined at the t ime of employment under this section .

1 5. 1 -1 3-24. Complaints against teachers or administrators . 1 . Any person may fi le with the board a compla int against a teacher or an admin istrator.

The complaint must state the cla ims or charges and it m ust be signed . The compla int may include supporting documentation .

2 . U pon receiving the complai nt, the board shal l serve a copy of the complaint and any supporting documentation upon the individual personal ly or by certified mai l .

3 . The ind ividual has twenty days from the date the ind ividual receives the compla i nt with in which to fi le a response. The response may i nclude supporting documentation .

4 . I f the ind ividual fi les a t imely response , the board sha l l meet to review the compla int, the response, and any documentation subm itted by the parties, but may not accept testimony.

5 . Based on the complaint , the response, and the documentation submitted i n accordance with th is section , the board may: a. Dismiss the complaint as unfounded; or b. ( 1 ) Determ ine there is a reasonable basis to bel ieve the cla ims or charges are

true and subject to action by the board under this chapter; (2) F i le a formal compla int against the indiv idual in accordance with chapter

28-32; and (3) Schedule and hold a publ ic hearing on the compla int in accordance with

chapter 28-32. 6. If the ind ividual fai ls to fi l e a timely response, the board shal l determine whether the

individual 's fai lure to fi le a timely response constitutes an adm ission of the a l legations in the compla int and whether the i nd iv idual 's teach ing l icense should be subject to action by the board . I f the board determines that the ind iv idual 's fai lure to fi le a timely response is an admiss ion of the a l legations i n the complaint and that the i nd iv idual 's teaching l icense should be subject to action by the board , the board sha l l hold a heari ng in accordance with chapter 28-32 to take any appropriate action .

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1 5. 1 -1 3-25. Teach ing l icense - Action by board - Causes. 1 . After holding a publ ic hearing in accordance with chapter 28-32 , the board may issue a

written warn ing or reprimand to the individual , suspend the ind iv idual 's teaching l icense , or revoke the individual 's teaching l i cense if: a. The ind ividual obtained a l icense by means of fraud , misrepresentation , or

concealment of facts . b. The board becomes aware of any fact or circumstance that would have caused

the board to deny l icensure had the board known of the fact or circumstance at the time of in it ial l icensure.

c. The i nd ividual is i ncom petent, immora l , i ntemperate, or cruel . d. The indiv idual has been convicted of, has p ied gu i lty to, or has pied

nolo contendere to an offense deemed by the board to have a d i rect bearing upon an i ndividual 's abi l ity to serve as a teacher or an adm inistrator.

e. The board bel ieves that the indiv idual , having been convicted of an offense, has not been sufficiently rehabi l itated under section 1 2 . 1 -33-02 . 1 .

f. The ind ividual has refused to perform the duties of a teacher or an adm in istrator. g . The i ndividual has breached a contract with a school d istrict or nonpub l ic school . h . The individual knowingly taught in violat ion of chapter 1 5 . 1 - 1 8 . i . The ind ividual is an admin istrator i n a school d istrict or a nonpubl ic school and

knowingly permitted another i ndividual to teach i n violation of chapter 1 5. 1 - 1 8 . j . The i nd ividual has violated this chapter or any ru le adopted by the board .

2 . Any action of the board taken under this section may b e appealed to the d istrict court of Burleigh County in accordance with chapter 28-32 .

1 5. 1 -1 3-26. Crimes against a chi ld and sexual offenses - Denial of or i m mediate revocation of teaching l i cense.

1 . The board shal l deny an appl ication for a teaching l i cense and shal l immediately revoke the teaching l icense of an i ndividual who has been found gu i lty of a crime against a chi ld or a sexual offense.

2 . A n ind ividual who i s denied a teaching l icense or who has had a teaching l icense revoked under subsection 1 may fi le a request with the board for a due process hearing under chapter 28-32 . The hearing must be held with in ten days of the requ est. The scope of the hearing is l im ited to determ in ing whether the indiv idual was convicted of a crime against a chi ld or a sexual offense and whether the conviction has been overturned on appeal .

3 . A final decis ion denyi ng a teaching l icense or revoking a teachi ng l icense under th is section is appealable pursuant to chapter 28-32 . A court may not stay the decis ion pending an appea l . A court sha l l affirm the decis ion denying a teaching l icense or revoking a teaching l icense unless the court finds that the ind iv idual was not convicted of a crime against a ch i ld or a sexua l offense or that the conviction was overturned on appea l .

4 . The board may impose a fee against a l icensee as reimbursement for a l l o r part of the costs of admin istrative actions that result in d iscipl i nary action against the l i censee under this section .

5 . As used i n this section: a . "Conviction" means a finding of gu i lt , a gu i lty plea, a p lea of no contest, a plea of

nolo contendere , a judgment of conviction even though the court suspended execution of sentence i n accordance with subsection 3 of section 1 2 . 1 -32-02, or a deferred imposition of sentence i n accordance with subsection 4 of section 1 2 . 1 -32-02 or an equivalent statute. The term does not i nclude a finding of g ui lt overturned on appea l .

b . "Crime against a chi ld" means violation of section 1 2 . 1 - 1 6-0 1 , 1 2 . 1 - 1 6-02, 1 2 . 1 - 1 6-03 , 1 2 . 1 - 1 6-04, 1 2 . 1 - 1 7-0 1 . 1 , 1 2 . 1 - 1 7-02 , 1 2 . 1 - 1 7-03, 1 2 . 1 - 1 7-04, 1 2 . 1 - 1 7-05, 1 2 . 1 - 1 7-06, 1 2 . 1 - 1 7-07 , 1 2 . 1 - 1 7-07. 1 , 1 2 . 1 - 1 7- 1 0, 1 2 . 1 - 1 8-0 1 , 1 2 . 1 - 1 8-02 , 1 2 . 1 - 1 8-03 , 1 2 . 1 -29-0 1 , 1 2 . 1 -29-02, or 1 2 . 1 -29-03, or an equ ival ent

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ordinance, i n which the victim is a m inor or is otherwise of the age required for the act to be a crime or an attempt to commit these offenses. "Sexual offense" means a violation of section 1 2 . 1 -20-03, 1 2 . 1 -20-03. 1 , 1 2 . 1 -20-04, 12 . 1 -20-05 , 1 2 . 1 -20-06 , 1 2 . 1 -20-07, 1 2 . 1 -20- 1 1 , or 1 2 . 1 -20- 1 2 .2 , or chapter 1 2 . 1 -27 .2 , or an equivalent ord inance .

1 5. 1 -1 3-27. Suspension or revocation of teaching l icense - Not ice. 1 . I f an ind ividual 's teaching l icense is suspended or revoked , the board shal l notify the

individua l , the business manager of the school d istrict employing the indiv idual , each county superintendent of schools in the state , and the superintendent of publ ic instruction .

2 . Upon being notified that one's teaching l icense has been suspended o r revoked, the individual shall return the l icense to the education standards and practices board . If the ind ividual fa i ls to return the l icense within the time period set by the board , the board may publ ish notice of the suspension or revocation i n the official newspaper of the county in which the i nd ividual was employed .

1 5. 1 -1 3-28. Teach ing l icense - Effect of revocat ion. The revocation of an ind ividual 's teach ing l icense results in the immediate termination of the

indiv idual 's employment by a school d istr ict . The school d istrict shal l , however, compensate the indiv idual for services rendered only unti l such time as the notice of revocation is received by the d istrict.

1 5. 1 -1 3-29. Teaching l icense of administrator - Determinations by subcomm ittee. 1 . Notwithstanding the provisions of any other law, when a compla int regard ing an

adm in istrator is fi led with the board , al l actions and determinations provided for in this chapter must be made by a subcommittee of the board .

2 . The subcomm ittee must consist o f the two board members who are admin istrators , the two board members who are school board members, and two board members who are teachers and who have been appointed to the subcommittee by the board .

3 . The subcomm ittee shal l convene at a regular or specia l meeting of the board . 4 . The subcommittee shal l select its own chai rman and vice chai rman and the executive

d i rector of the board , or the d i rector's designee, shal l serve as its secretary. 5 . a . A majority of the subcommittee constitutes a quorum for purposes of this section .

b. Except as otherwise provided i n this section , a majority of the quorum has the authority to act on any matter properl y before the subcommittee .

c. At least three members of the subcommittee must consent to the revocation of an admin istrator's teaching l icense .

6 . Any action or determination by the subcommittee regard ing the teach ing l icense of an admin istrator: a . Must be taken or made by the same process and on the same grounds as

provided in sections 1 5 . 1 - 1 3-24, 1 5 . 1 - 1 3-25, and 1 5. 1 - 1 3-26 ; b . Has the same force and effect as an action or determ ination by the education

standards and practices board ; c. May not be mod ified by the board ; and d . May be appealed under this chapter i n the same manner as actions or

determ inations by the board .

1 5. 1 -1 3-30. Venue for legal actions. Burle igh County, North Dakota, is the venue for al l actions to which the education standards

and practices board is a party .

1 5. 1 -1 3-31 . Conviction of individual hold ing teach ing l icense - Written notificat ion. A state's attorney sha l l provide written notification to the board when an i nd ividual ho ld ing a

teaching l icense is convicted of a felony or a class A m isdemeanor.

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1 5. 1 -1 3-32. Educational standards and practices board - Un ified credential system. 1 .- ( C:, · (fJ Repealed by S. L. 2009 , ch . 65 , § 8 . �O

1 5. 1 -1 3-33. National board certificat ion fund - Creat ion - Continu ing appropriat ion. Repealed by S . L . 20 1 1 , ch . 39 , § 23 .

1 5 . 1 -1 3-34. Approval of theological stud ies i nstructors. The board shal l approve an indiv idual to be an i nstructor of theologica l stud ies upon receipt

of the appl ication and fees required under section 1 5. 1 - 1 3- 1 1 and pending completion of the background check required by section 1 5. 1 - 1 3- 1 4 , if the ind ividua l :

1 . Holds a baccalaureate degree ; and 2 . I s recommended for approval a s an i nstructor of theolog ica l studies by the govern ing

board of a nonpubl ic school offering a theologica l studies course.

1 5. 1 -1 3-35. Teacher l icensure requirement - Youth mental health competency. 1 . The board shal l ensure a candidate for teacher l icensure demonstrates competencies

in youth mental health . Competencies m ust include: a . An understanding of the prevalence and impact of youth mental health d isorders

on fami ly structure , education , j uveni le services, law enforcement, and health care and treatment providers ;

b . Knowledge of mental health symptoms, social stigmas, risks, and protective factors; and

c. Awareness of referra l sources and strateg ies for appropriate interventions . 2 . A teacher l icensure candidate satisfies the requirements of this section if the candidate

demonstrates the cand idate has received tra in ing in competencies related to youth mental health from an accred ited or approved youth mental health education provider. The board may issue a provis ional l icense for up to two years to a teacher l icensure candidate that does not meet the requ i rements of this section .

1 5. 1 -1 3-36. Satisfaction survey - Development - Uti l izat ion - Report to legis lative management.

1 . a . The superintendent of publ ic i nstruction shall develop an electronic survey instrument that the education standards and practices board shal l uti l ize at the conclus ion of all i nteractions with i ndiv iduals seeking i nformation or services from the board .

b. The survey instrument must include references to qual ity; timel iness ; the avai lab i l ity, courtesy, knowledge , and responsiveness of staff; the ease of obtain ing information or services; and the cost and value of the i nteraction .

c . The education standards and practices board sha l l beg in to uti l ize the survey no later than June 1 , 201 5 .

2 . The education standards and practices board shal l compi le the responses and provide reports regarding the results to an i nterim committee designated by the legis lative management at the times and in the m anner requested by the committee .

3 . Any expenses i ncurred by the superi ntendent of publ ic i nstruction i n developing the survey instrument are the respons ib i l ity of the education standards and practices board .

v·b / �";> pt( -

NDSBA P.O. Box 7128 Bismarck ND 58507-7128

NORTH DAKOTA SCHOOL 1-800-932-8791 • (701 )255-4127 B OA R D S ASSO C IAT I O N www.ndsba. org

HB 1228

Testimony of Alexis Baxley

House Education Committee

January 16, 2019

Chairman Owens and mem bers of the House Education Com mittee, my name is Alexis Baxley. I am

the executive d irector of the North Dakota School Boards Association . NOSBA represents a ll 178 North

Dakota publ ic school d istricts and their boards. NDSBA stands in opposi tion to HB 1228.

Today is a strange day for me. Typically, you'll fi nd my organ ization fighting for local control. And

make no mistake - we believe local control i s a bsolutely essential the success of our public school d i stri cts.

However, HB 1288 takes a good thing and drives i t right off a cliff.

I n section 1, subsection l.a, this b i ll tasks each ind ividual d istrict with supervising and developing

course content standards, required instruction, assessments, attendance and graduation req uirements for its

students. Are you kidd i ng me? While we hope to a lways be i nc luded i n the d iscussions surround i ng these

items, we believe they need to be happen ing at a state level. I t i s absolutely i n tegral for students that we

have statewide standards. We a lready worry about how higher education is going to i nterpret the GPAs are

lack thereof be ing provided by some of our more i nnovative d istricts. Where do they even begin once a ll 178

d istricts have adopted their own curriculum and graduation requirements? And how many kids are getting

shortchanged because the i r board has set lower standards than the rest?

In fact, we encourage our board members to leave many of the d istrict level deta i ls related to this

section i n the hands of their admin istrators - individua ls who have been hired to be educationa l experts

with i n the d istrict. Most board members don't have expert ise i n these a reas. Nor do they l i kely have the

time. School boards - much like this leg islative body - are made up of ind ividua ls with full time jobs and

fami lies. The current responsi bi lit ies of a d istrict - setting policy, overseeing a superintendent, sett ing and

mon itoring a budget - a l ready stretch the l imits of our boards. Now we want them to consider tak ing on the

roll of Superi ntendent Baesler and her staff as well? It can't rea sonably be done - at least not well.

I n subsection l .b boards a re granted the ab i li ty to l icense teachers. Currently, NDSBA has two

representat ives on the Education Standards and Practices Board . We appreciate the work they do, and we

appreciate the opportun ity to have input. While we'd love for a little more flexib i li ty i n getti ng teachers i n

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p& � e ::)__ hard to fill classrooms, the idea of having individual districts licensing teachers and staff is not a good one. V

Not just the for the students they are serving, but for teachers who may not stay in one district their entire

career.

Finally, in subsection l.c districts get to establish their own student discipline and safety policies.

While this is a lready a legal practice to a certain degree, it exempts any d istrict choosing this incredible level

of local control from NDCC 15. 1-19. Corporal punishment is back an the board, folks.

Section two of the bill outlines how a district would go a bout opting into super-sized local control.

But what happens then - do they opt out of state funding and supports? How does that effect federa l funds?

And are districts willing or able to continue to provide an equitable education for their students without

those dol lars? I can't answer those questions, but I hope that you' l l consider them.

Often, when I'm meeting with my counterparts across the county, I hear about the education

communities in their states. I hear about how inaccessible their state superintendent or equivalent is, and I

hear about mandates coming from the top without i nput from those at the local level. Those conversations

always make me grateful, because North Dakota is a special place. Not only does N DSBA have a great

working relationship with our Department of Public Education, ESPB, a nd our Governor's office, but so do the

rest of our education stakeholders . What's more, we're continua lly meeting and communicating on how to

better serve the students of this state. Local control is important - but so are state-level supports, especially

when we are a ll working together.

I urge you to reject this bi l l - say no to too much of a good th i ng - and give H B 1228 a do not pass

recommendation. Thank you, and I wou ld be happy to stand for any questions.

TESTIMONY ON HB 1228 HOUSE EDUCATION COMMITTEE

January 16, 2019 By: Matt Scherbenske, Deputy Director of Academic Support

701 -328-2629 North Dakota Department of Public Instruction

Mr. Chairman and Members of the Committee :

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My name is Matt Scherbenske and I am the Deputy Director in the Office of

Academic Support within the North Dakota Department of Public Instruction

(NDDPI) . I am here to share information and initial concerns regarding House Bill

1 228 relating to local control of education.

Article VIII Section 2 of the North Dakota Constitution states , "The

legislative assembly shall provide for a uniform system of free public schools

throughout the state . . . " The Department of Public Instruction does not oppose the

concept of local control; however, it does have reservations concerning the

significant risk of nonuniformity that may exist due to the implementation of HB

1 228 . These risks of nonuniformity exist as HB 1 228 specifically would allow for

our 1 78 school districts to independently possess sole control of decisions

surrounding content standards , required instruction, instructional time,

assessments, attendance, graduation, and potentially more matters currently held to

a constitutionally-bound uniform standard.

HB 1 i:J;; fi , � lfr 1'i

As a Department, our concern resides first and foremost for the more than

1 1 0,000 students across the state. Many students experience geographical moves

which relocate them from one district to another. As HB 1 228 reads, there exists a

clear potential for students who move from one district to the next to be at the

mercy of their new district whether that student ' s credits will be accepted and

transfer from their past district.

As the state has made significant progress regarding a shared strategic vision

through the collaboration of multiple stakeholders and educational communities,

HB 1 228 would seem to be counterintuitive to that progress our state has made. I

ask this committee to consider situations such as these as you deliberate HB 1 228 .

Chairman Owens and Members of the Committee, that concludes my

prepared testimony. I would be glad to stand for any questions the Committee may

have.

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2019 house education hb 1228

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