25.0629.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Murphy, Schreiber-Beck
Senators Dever, Schaible
A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century
Code, relating to authorization of public charter schools.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new chapter to title 15.1 of the North Dakota Century Code is created and
enacted as follows:
Public charter schools - Requirements - Superintendent of public instruction - Duties.
1.The superintendent of public instruction shall:
a.Develop an application process for an applicant seeking approval for a charter to
operate a public charter school.
b.Review each application and grant an initial certificate of approval for a charter or
reject the application.
c.Enter a charter contract with an approved applicant, unless entering an additional
charter will result in the number of charter schools exceeding the limitation under
subdivision f.
d.Develop a charter renewal process, requiring an initial review before the end of a
three - year term. Each subsequent term may be up to five years, at the discretion
of the superintendent of public instruction.
e.Revoke a charter for failure to comply with the rules adopted by the
superintendent of public instruction or the terms of the agreement.
f.Limit the number of charter schools to:
(1)Twelve for the 2025 - 26 and 2026 - 27 school years.
(2)Fifteen for the 2027 - 28 and 2028 - 29 school years.
g.Adopt rules to implement this chapter.
2.To obtain a certificate of approval, an applicant shall demonstrate the applicant's:
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a.Good standing with a state educational agency or other authorizing entity as a
successful operator of a charter school in at least one state ;
b.Successful education of students who were at risk of failing academically,
including the implementation of a high school dropout recovery program ;
c.Ability to provide an innovative education program; or
d.Good standing with the superintendent of public instruction as a successful
operator of a charter school in the state.
3.A charter holder may not license the charter to another operator, including an
education management organization.
Public charter school board - Requirements.
1.A charter holder shall establish a school board composed of five, seven, or nine
members.
2.A public charter school board:
a.Must include one resident of each community in which a charter school is
operated.
b.Is a public entity under chapter 44 - 04 and subject to the provisions of that
chapter. Meetings of a public charter school board must be recorded and
archived for public access.
c.May enter agreements with other educational entities.
State assessment.
The superintendent of public instruction shall administer to public charter school students
the tests aligned to state content and achievement standards under section 15.1 - 21 - 08.
Reporting to the superintendent of public instruction - Funding.
1.A charter holder:
a.Shall file the reports required under subsections 1 and 2 of section 15.1 - 27 - 02.
b.May not receive any funds derived from local taxation.
c.May not charge tuition or fees for any services provided for students, except fees
for field trips, clubs, organizations, and athletic participation.
2.The superintendent of public instruction shall:
a.Distribute payments to a charter holder pursuant to the schedule under section
15.1 - 27 - 01.
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b.Calculate state aid for a public charter school by multiplying the number of
students enrolled by the per student payment, which is the dollar amount for the
respective school year in subsection 3 of section 15.1 - 27 - 04.1.
3.The students identified by the superintendent of public instruction under section
15.1 - 32 - 18 include students enrolled in a public charter school. The excess costs of
providing services to high - cost students are the responsibility of the state. When
appropriate, section 15.1 - 32 - 18 applies to public charter school students.
4.The state is not required to provide transportation to public charter schools.
5.A public charter school is eligible for all applicable federal funding administered by the
superintendent of public instruction.
Athletics and activities.
A charter school may:
1.Become a member of the North Dakota high school activities association pursuant to
the constitution and bylaws of the North Dakota high school activities association.
2.Apply to the North Dakota high school activities association board of directors for
approval of a cooperative sponsorship.
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