CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Education (art. 8).

STATUTORY PROVISIONS

Education (title 15).

Approval/Supervision/Support

Superintendent of Public Instruction (ch. 15-21).

SEC. 15-21-09. Certification of teachers-Standardization of schoolsTextbooks-Examinations-Courses of study.-The superintendent of public instruction shall have charge and supervision of the certification of teachers, standardization of schools, uniformity of textbooks, examinations for eighth grade and high school pupils, and preparation of courses of study for the several classes of public schools.

SEC. 15-21-14. Biennial report-Contents.-The superintendent of public instruction shall submit to the governor and secretary of state as prescribed by section 54-06-04 a biennial report which, in addition to any requirements established pursuant to section 54-06-04, shall show:

1. The number of school districts in the state and the number of teachers employed, and pupils taught therein, the attendance of pupils, and the studies pursued by them;

2. The financial condition of the various public schools, their receipts and expenditures, the value of schoolhouses and property, the costs of tuition, and the salaries of teachers;

3. The condition, educational and financial, as far as it can be ascertained, of the private schools and academies of the state; and

4. Such general matters, information, and recommendations relating to the educational interests of the state as he may deem important. [Source: N.D.C.C.; S.L. 1973, ch. 403, sec. 12]

Compiler's Note: See also COMPULSORY EDUCATION, Ch. 15-34.1, sec. 15-34. 1-03 (1); CURRICULUM, Ch. 15-41, sec. 15-41-07.

Compulsory Education

Compulsory School Attendance (ch. 15-34.1).

SEC. 15-34.1-02. Compulsory attendance-Deaf, blind, or mentally deficient persons.-Every parent, guardian, or other person who has control over any deaf child of at least four years of age, or control over any blind, or mentally deficient child of an age of seven years to twenty years inclusive shall send the child, if deaf, to the school for the deaf at Devils Lake or other adequate institution for the entire school year, unless excused by the superintendent of that institution; and if blind, to the school for the blind at Grand Forks or other adequate institution for the entire school year, unless excused by the superintendent of said institution; and if mentally deficient, to the state school at Grafton or other adequate institution for the entire school year, unless excused by the superintendent of that institution. Adequate institution shall mean any school, public or private, specializing in the training

of handicapped children as stated. [Source: S.L. 1971, ch. 158, sec. 5; 1971, ch. 162, sec. 3.]

SEC. 15-34.1-03. Compulsory attendance-Exceptions.-The parent, guardian, or other person having control of a child required to attend school by the provisions of this chapter shall be excused by the school board from causing the child to attend school whenever it shall be shown to the satisfaction of the board, subject to appeal as provided by law, that one of the following reasons exists:

1. That the child is in attendance for the same length of time at a parochial or private school approved by the county superintendent of schools and the superintendent of public instruction. No such school shall be approved unless the teachers therein are legally certificated in the state of North Dakota and the subjects offered are in accordance with sections 15-38-07, 15-41-06, 15-41-24, and 15-41-25. [Source: N.D.C.C.; S.L. 1973, ch. 148, sec. 1.]

Compiler's Note: The above-mentioned sections (15-38-07, 15-41-06, 15-41-24 and 15-41-25) are contained under the CURRICULUM heading. SEC. 15-34.1-04. Prosecution for violation of compulsory attendance law.-Officers charged with enforcement.-Every school board member, school superintendent, principal, truant officer, and teacher in any school system in this state, and every county superintendent of schools shall be charged with the enforcement of the provisions of this chapter relating to compulsory school attendance. Such enforcement shall extend to all children who are offered school facilities by the district, regardless of whether or not they actually reside within the district. Such persons shall inquire into all cases of alleged violation of such provisions and shall obtain from any parent, guardian, or other person having custody of any child of school age not attending school in accordance with the requirements of this chapter the reason, if any, for such absence. In school districts not having a school superintendent, the county superintendent of schools shall be notified of any violation of the compulsory school attendance law, and such county superintendent shall report the fact of the violation to the state's attorney of the county. In school districts which have a school superintendent, the school superintendent or principal shall report to the state's attorney of the county the facts in connection with any violation of the compulsory attendance law. The state's attorney shall prosecute any person who violates the compulsory school attendance provisions of this chapter. The school board of any school district having more than five hundred inhabitants may employ a truant officer to assist in the enforcement of the compulsory school attendance provisions. [Source: S.L. 1971, ch. 158, sec. 5.]

Special Education of Exceptional Children (ch. 15-59).

SEC. 15-59-01. Definitions.-As used in this chapter:-1. "Exceptional child" means a natural person to the age of twenty-one, who, because of mental, physical, emotional, or learning characteristics, requires special education services. This may include a handicapped child or a gifted child. 2. "Special education" means classroom, home, hospital, institutional, or other instruction to meet the needs of handicapped children, transportation, and corrective and supporting services required to assist exceptional children in taking advantage of, or responding to, educational programs and opportunities.

3. "Handicapped child" means a child who is mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, emotionally disturbed, specific learning disabled, crippled, or otherwise health impaired who by reason thereof requires special education and related services.

4. "Gifted child" means a gifted and talented child identified by professional, qualified persons, who, by virtue of outstanding abilities, is capable of high performance and who requires differentiated educational programs and services beyond those normally provided by the regular school program in order to realize his contribution to self and society. [Source: N.D.C.C.; S.L. 1973, ch. 171, sec. 1]

SEC. 15-59-04. School districts to provide special education.-School districts shall provide special education to handicapped children in accordance with the provisions of this chapter and in so doing may act jointly with one or more other districts and shall cooperate with the state advisory council and the director of special education and with the institutions of the state. Each school district shall submit a plan with the superintendent of public instruction for implementing special education in the district by July 1, 1975. Special education services shall be fully implemented by July 1, 1980. School districts may provide special education to gifted children in accordance with the provisions of this chapter and in so doing may act jointly with one or more other districts and shall cooperate with the state advisory council and the director of special education. [Source: N.D.C.C.; S.L. 1973, ch. 171, sec. 2.]

SEC. 15-59-06.1. Enforcement of special education programs in institutions by superintendent of public instruction.—The superintendent of public instruction shall enforce educational standards for all special education programs in institutions wholly or partly supported by the state which are not supervised by public school authorities. Such standards shall be similar to regulations and standards established for the conduct of special education classes of the public schools in the state. [Source: S.L. 1973, ch. 171, sec. 5.] SEC. 15-59-07. Contracts for handicapped children to attend private schools.-If any school district in this state has any educable elementary or high school student who in the opinion of a qualified psychologist, a medical doctor, and the district superintendent is unable to attend the public schools in the district because of a physical or mental handicap or because of a learning disability, such school district shall contract with any accredited private nonsectarian nonprofit corporation within or without the state which has proper facilities for the education of such student, if there are no public schools in the state with the necessary facilities which will accept such student. No school district shall enter into a contract with any private nonsectarian nonprofit corporation for the education of any student having a physical handicap or learning disability, unless the curriculum provided by such school and the contract has been approved in advance by the superintendent of public instruction. The contract shall provide that such school district agrees to pay to the private nonsectarian nonprofit corporation as part of the cost of educating such student an amount for the school year equal to three times the state average per-pupil elementary or high school cost, depending on whether the enrollment would be in a grade or high school department, provided that such payment shall not exceed the actual per-pupil cost incurred by such private, nonsectarian nonprofit corporation. The district of the student's residence shall be reimbursed from funds appropriated by the legislative assembly for the foundation aid program, in an amount equal to sixty percent of the payment made to such private, nonsectarian nonprofit corporation. If the attendance of such students at such school is for less than a school year, then the contract shall provide for such lesser amount prorated on a monthly basis. The reimbursement herein provided to the contracting district from the foundation aid program shall be in lieu of any other foundation aid to which the district might otherwise be entitled.

As used in this section, the term "learning disability” shall mean a disorder in one or more of the basic psychological processes involved in understanding or in using spoken or written languages, and which may be manifested in disorders of listening, thinking, talking, reading, writing, spelling, or arithmetic. The term "learning disability” shall include, but not be limited to, such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, but shall not include learning problems due primarily to visual, hearing or motor handicaps, mental retardation, emotional disturbance, or environmental disadvantage. [Source: N.D.C.C.; S.L. 1973, ch. 171, sec. 6]

Curriculum

Teachers' Duties (ch. 15-38).

SEC. 15-38-07. Required subjects in the public schools.-The following subjects shall be taught in the public schools to pupils who are sufficiently advanced to pursue the same: spelling, reading, writing, arithmetic, language, English grammar, geography, United States history, civil government, nature study, and elements of agriculture. Physiology and hygiene also shall be taught, and in teaching such subject, the teacher shall:

1. Give special and thorough instruction concerning the nature of alcoholic drinks and narcotics and their effect upon the human system;

2. Give simple lessons in the nature, treatment, and prevention of tuberculosis and other contagious and infectious diseases;

3. Give, to all pupils below the high school and above the third year of school work, not less than four lessons in hygiene each week for ten weeks of each school year from textbooks adapted to the grade of the pupils;

4. Give, to all pupils in the three lowest primary school years, not less than three oral lessons on hygiene each week for ten weeks of each school year, using textbooks adapted to the grade of the pupils as guides or standards for such instruction.

SEC. 15-38-08. Study of constitution of the United States.-In all public and private schools in the state, regular courses of instruction in the constitution of the United States shall be given, beginning not later than the opening of the eighth grade and continuing in the high school, to an extent to be determined by the superintendent of public instruction.

High Schools (ch. 15-41).

SEC. 15-41-06. High school courses-Requirements-Credits.-Four units of high school work shall be considered the minimum number of any year from the ninth grade to the twelfth grade, inclusive. All unit courses shall be taught a minimum of forty minutes a day for at least one hundred eighty days, subject to the provisions of section 15-47-33, except that all natural science courses shall exceed forty minutes to such an extent as may be determined by the superintendent of public instruction. In all high schools and in all schools maintaining any of the grades from the ninth to the twelfth, inclusive, and doing high school work, it shall be made possible for each grade to complete four units of work each year. The work which is done by pupils in any school which does not conform to the requirements contained in this section shall not be accredited by the superintendent of public instruction through state high school examinations or otherwise.

SEC. 15-41-07. Courses of instruction to follow state plan-Courses in cooperative marketing and consumers' cooperatives-Credits.-The content of all courses and the grade in which they severally are taught in all types of high schools and in the high school department of all schools doing high school work shall conform to the state course of study for high schools as outlined by the superintendent of public instruction. In the course of study for high schools, the superintendent of public instruction shall provide for an elective course of instruction in cooperative marketing and consumers' cooperatives which shall be a one-half year course. No school which does not conform to the provisions of this section shall be accredited by the superintendent of public instruction through state high school examinations or otherwise.

SEC. 15-41-24. High schools-Minimum curriculum-Accreditation.-Not later than July 1, 1961, the following units of study shall be made available to all students in each high school in this state at least once during each four-year period if such high school is to receive any accreditation by the department of public instruction:

Six units of any combination of the following subjects: Business Education, Foreign Language, Homemaking, Vocational Agriculture, and Industrial Arts. [Source: S.L. 1959, ch. 145, sec. 1.]

SEC. 15-41-25. High schools-Teacher qualification-Accreditation.-Not later than July 1, 1961, every teacher in any high school in this state teaching any of the course areas or fields mentioned in section 15-41-24 shall have a valid teacher's certificate and shall have a major or minor in the course areas or fields that he is teaching if such high school is to receive any accreditation by the department of public instruction. However, a teacher granted a certificate to teach in the disciplines of trade, industrial, technical, and health under chapter 15-20.1 and possessing neither a major nor a minor in the field in which he is employed shall not affect the accreditation of the employing school district. [Source: N.D.C.C.: S.L. 1973, ch. 150, sec. 6.]

SEC. 15-41-26. Waiver.-Upon due cause therefor being shown, the superintendent of public instruction is authorized to grant waivers of the conditions for accreditation imposed by sections 15-41-24 and 15-41-25 for a reasonable length of time. [Source: S.L. 1959, ch. 145, sec. 3.]

General Provisions (ch. 15-47).

SEC. 15-47-37. Instruction on United States and state constitutions— Pledge of allegiance.-The officers of every school district shall ensure that all students from the seventh grade through the twelfth grade, inclusive, in every school within the district, shall receive the equivalent of at least a forty-five minute class period of study, each week, on the constitution of the United States and the constitution of North Dakota, for at least three of those six years. And that each morning the pledge of allegiance to the flag shall precede each day's study in the first grade through the sixth grade, inclusive. Pupil Transportation

Transportation of Students (ch. 15-34.2).

SEC. 15-34.2-16. Transportation of nonpublic elementary and high school students-Conditions.-When authorized by the school board of a public school district providing transportation for public elementary and high school students, elementary and high school students attending nonpublic schools may be transported on public school buses to and from the point or points on established public school bus routes on such days and during the times that the public school district may authorize and agree to the transportation of such students only when there is passenger room available on such buses, according to the legal passenger capacity for such buses, when such buses are scheduled according to the provisions of this section; provided, however, no payments shall be made from county equalization funds or state funds for any mileage costs for any deviation from the established public routes which may be caused by any agreement entered into pursuant to this section. [Source: S.L. 1971, ch. 158, sec. 6.]

Textbooks

See MISCELLANEOUS, Title 57, sec. 57-39.2-04. Teacher Certification

Teachers' Certification (ch. 15-36).

SEC. 15-36-01. Teachers' certificates-Criteria to be established.—The superintendent of public instruction, after consulting with the teachers' professional practices commission, shall determine the criteria for teacher certification for school terms beginning on or after July 1, 1974. The established criteria shall be based upon standards which shall include considerations of character, adequate educational preparation, and general fitness to teach in the public schools of this state. After holding a public hearing thereon, the superintendent shall issue rules and regulations concerning the issuance of teachers' certificates, and such certificates shall be issued

by his office in accordance with such rules and regulations. Nothing in this section shall be interpreted to affect the validity of life certificates in existence on the effective date of this section, nor shall this section affect vocational education certificate qualifications as provided in chapter 15-20.1. [Source: N.D.C.C.; S.L. 1973, ch. 150, sec. 1.]

SEC. 15-36-04. Second grade professional certificate-Diploma from state schools and from schools outside of state.-A second grade professional certificate shall be issued:

1. To a graduate of the standard course of the North Dakota normal school or teachers' college who is eighteen years of age or over and who holds the diploma granted to graduates of such course. Such certificates shall be valid for three years from the date of issue of the diploma:

2. To a graduate eighteen years of age or over who holds a diploma from an institution the curriculum of which is the equivalent of the standard curriculum of the state normal schools or teachers' colleges. The diploma held must evidence the completion of at least a two-year course or sixteen semester hours of professional preparation for teaching. Such certificate shall be valid for three years after the date of issue.

The holder of a second grade professional certificate shall be entitled to a second grade certificate valid for life, upon the completion of eighteen months of successful teaching experience in this state after receiving the certificate and the filing of evidence thereof in the office of the superintendent of public instruction on blanks furnished for that purpose. A second grade professional certificate shall qualify the holder to teach in any of the elementary grades of the public schools of the state. Be it further provided that on and after July 1, 1969 the superintendent of public instruction shall thereafter discontinue issuing second grade professional certificates.

SEC. 15-36-05. First grade professional certificate-Diploma from university or state university or equivalent institutions of other states-A first grade professional certificate shall be issued:

1. To a graduate of the school of education of the university of North Dakota or of the North Dakota state university of agriculture and applied science or of the four-year course of a state teachers' college or normal school who holds the diploma granted to graduates of such course. Such certificate shall be valid for three years after the date of issue of the diploma;

2. To a graduate of any standard accredited college or university within or without the state who holds the diploma granted to graduates of such institutions evidencing at least a bachelor's degree, and the completion of at least sixteen semester hours of professional preparation for teaching. Proof of graduation from such institution and such other data as may be required must be filed in the office of the superintendent of public instruction. Such certificate shall be valid for three years after the date of issue.

The holder of a first grade professional certificate shall be entitled to a first grade certificate valid for life, upon the completion of eighteen months of successful teaching experience in this state after receiving the certificate and the filing of evidence thereof in the office of the superintendent of public instruction on blanks furnished for that purpose. A first grade professional certificate shall qualify the holder to teach in any of the public schools of the state.

SEC. 15-36-06. Special certificates.-A special certificate may be issued to an applicant who possesses qualifications equivalent to those required for a second grade professional certificate to teach, in the common, graded, or high schools of the state, any of the following subjects: agriculture, commercial subjects, domestic science, or manual and industrial training. An applicant for a special certificate shall satisfy the superintendent of public instruction, by examination or otherwise, of his proficiency in the subject which he desires to teach. A special certificate shall be valid for such term of years as the superintendent of public instruction shall prescribe.

SEC. 15-36-08. Fees for certificates.-The superintendent of public instruction shall require a fee of five dollars for each certificate issued by this state, and no certificate shall be issued for a period of less than one school year. The

fees herein provided for shall be deposited in the state treasury to the credit of the general fund of the state. [Source: N.D.C.C.; S.L. 1973, ch. 150, sec. 2.] SEC. 15-36-11. Certificate required.-No person who is not the holder of a valid teacher's certificate shall be permitted or employed to teach in any of the public schools of the state, except that teachers unable to be certificated because they are not citizens of the United States or because they have not declared their intention to become citizens of the United States, but are otherwise qualified to teach in North Dakota, may be employed on a temporary basis if they are approved annually by the superintendent of public instruction. The employment of such teachers in accordance with this section shall not cause any foundation aid payments to be withheld from the school districts by whom they are employed. [Source: N.D.C.C.; S.L. 1973, ch. 150, sec. 3.]

Health and Safety

Fires (title 18).

Fire Prevention Code for School Buildings

SEC. 18-12-01. Application.-The provisions of this chapter shall apply to the construction of all new school buildings, additions thereto, and remodeling of school buildings, both public and private, at either the elementary or secondary level and shall further apply to all instructional areas of all institutions of higher education.

SEC. 18-12-02. Definitions.- A public school building shall be defined as a building used wholly or in part as an instructional or recreational facility by students. A private school is defined as an educational institution which students attend in lieu of public school attendance.

SEC. 18-12-03. Plans and specifications.-Plans and specifications for all new public school buildings and for all additions to and remodeling of existing public school buildings shall be submitted for approval to the superintendent of public instruction or to the board of higher education. In the case of private school plans and specifications they shall be submitted directly to the state fire marshal for approval.

SEC. 18-12-04. Employment of registered architects and engineers.—All plans and specifications for construction, except agricultural sheds and barns, the monetary worth of which is twelve thousand dollars or more, must be prepared by and the construction supervised by architects or engineers registered in this state. The architect or engineer shall be legally responsible for designing the building in accordance with the provisions of this chapter of adequate strength so as to resist fire, and constructing the building in a workmanlike manner, according to the plans and specifications as approved. All projects where the tax money exceeds two thousand dollars must be submitted to the department of public instruction or the board of higher education for approval.

SEC. 18-12-05. State fire marshal.-The state fire marshal shall approve plans and specifications for school buildings before construction is started. The state fire marshal shall review public school building plans upon referral from the superintendent of public instruction or the board of higher education. In the case of private school buildings the architects and engineers preparing plans shall submit them to the state fire marshal for approval. It shall be the duty of the architect or engineer preparing the plans or supervising the construction to notify the state fire marshal when the building has been completed.

Health and Safety (title 23).

SEC. 23-07-16. Child having contagious or infectious disease prohibited from attending school.-No principal, superintendent, or teacher of any school, and no parent or guardian of any minor child, shall permit any child having any contagious or infectious disease, or any child residing in any house in which any such disease exists or has recently existed, to attend any public

or private school until permitted to do so under the regulations of the local board of health.

SEC. 23-07-17. Vaccination or inoculation not required for admission to any school or for the exercise of a right.-No form of vaccination or inoculation shall be made a condition precedent for the admission of a person to any public or private school or college in this state, or for the exercise of any right, the performance of any duty, or the enjoyment of any privilege.

Federal Aid

Vocational Education (ch. 15-20.1).

SEC. 15-20.1-04. Acceptance of benefits of federal acts in vocational education-Cooperation with federal government.-The state of North Dakota hereby accepts all of the provisions and benefits of the acts of Congress to assist states to maintain, extend, and improve existing programs and develop new programs in vocational education. [Source: N.D.C.C.; S.L. 1973, ch. 383, sec. 14.]

Nonprofit School Lunch Program (ch. 15-54).

SEC. 15-54-02. Expenditure of federal funds.-The state educational agency shall establish a fund known as the North Dakota school lunch fund. All moneys received by the state educational agency, from the federal government or any other source, for the North Dakota school lunch program, shall be placed in such a fund. All disbursements from such funds shall be made only by checks or warrants drawn on the school lunch fund. Such checks and warrants shall be drawn only by persons who are duly authorized to do so by resolution of the state agency.

SEC. 15-54-03. Administration of program.-The state educational agency may enter into such agreements with any agency of the federal government, with any school board, or with any other agency or person, prescribe such regulations, employ such personnel, and take such other action, as it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program, and to direct the disbursement of federal funds, in accordance with any applicable provisions of federal or state law. The state educational agency may give technical advice and assistance to any school board in connection with the establishment and operation of any school lunch program and may assist in training personnel engaged in the operation of such program. The state educational agency and any school board may accept any gift for use in connection with any school lunch program.

Special Education of Exceptional Children (ch. 15-59).

SEC. 15-59-05.1. Eligibility for state and federal aid.-The superintendent O public instruction may apply for, administer, receive, and expend any federal aid for which this state may be eligible, under the office of the superintendent of public instruction, in the administration of this chapter within the limits of legislative appropriation. School districts, county special education boards and multi-county special education boards shall be eligible to serve as the local education agency for application, receipt, administration, and expenditure of state and federal aid within the limits of legislative appropriation. [Source: S.L. 1973, ch. 171, sec. 4.]

Miscellaneous

Transportation of Students (ch. 15-34.2).

SEC. 15-34.2-17. School boards to release students for religious instruction.-Upon the request of an elementary or high school student's parent or guardian, the school board of a public school district shall release such student for a period of not to exceed one hour per week for religious instruction, at

such times as prescribed by the school board after consultation with the parent or guardian of such student. [Source: S.L. 1971, ch. 158, sec. 6; 1971, ch. 178, sec. 1.]

Construction and Use of School Buildings and

Fire Prevention Therein (ch. 15-35).

SEC. 15-35-14. Use of school buildings for other than school purposesPenalty for removal of furnishings.-School boards having charge of school buildings may permit the use thereof under proper restrictions for any appropriate purpose when not in use for school purposes. Equal rights and privileges shall be accorded to all religious denominations and to all political parties. The use of school buildings under this section shall be without cost to the district, and furniture fastened to the buildings shall not be removed or unfastened. Public school and high school auditoriums and gymnasiums may be let for meetings, entertainments, or conventions of any kind, subject to such restrictions as the governing board of the district shall prescribe. Such use of the buildings shall not be permitted to interfere with the operation of the schools or with school activities. A charge shall be made for the use of the buildings in an amount at least sufficient to defray any cost to the district for light, heat, janitor service, or other incidental expenses connected with such use. Any person who removes any school furniture for any purpose other than to repair the same or for the purpose of repairing the schoolroom, shall be punished by a fine of not less than five dollars nor more than ten dollars for each offense.

General Provisions (ch. 15-47).

SEC. 15-47-33. Length of elementary and secondary school year term. -All elementary and secondary schools in this state shall provide at least one hundred eighty days of classroom instruction during each school term. Any day in which classes cannot be held because of acts of God, epidemic, or failure of physical facilities shall be included in the one hundred eighty days provided for in this section.

Surplus Property Director (ch. 15-61).

SEC. 15-61-02. Division of surplus property-Powers-Duties.-1. The director of surplus property is hereby authorized and empowered * **

c. to distribute such property within the state to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the state, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges and universities which have been held exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code of 1954, to civil defense organizations of the state, or political subdivisions and instrumentalities thereof, which are established pursuant to state law, and to such other types of instutitions or activities as may now be or hereafter become eligible under federal law to acquire such property.

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