North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1358 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.0629.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Murphy, Schreiber-Beck
7	7	Senators Dever, Schaible
8	8	A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century
9	9	Code, relating to authorization of public charter schools.
10	10	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11	SECTION 1. A new chapter to title 15.1 of the North Dakota Century Code is created and
12	12	enacted as follows:
13	13	Public charter schools - Requirements - Superintendent of public instruction - Duties.
14	14	1.The superintendent of public instruction shall:
15	15	a.Develop an application process for an applicant seeking approval for a charter to
16	16	operate a public charter school.
17	17	b.Review each application and grant an initial certificate of approval for a charter or
18	18	reject the application.
19	19	c.Enter a charter contract with an approved applicant, unless entering an additional
20	20	charter will result in the number of charter schools exceeding the limitation under
21	21	subdivision f.
22	22	d.Develop a charter renewal process, requiring an initial review before the end of a
23	23	three - year term. Each subsequent term may be up to five years, at the discretion
24	24	of the superintendent of public instruction.
25	25	e.Revoke a charter for failure to comply with the rules adopted by the
26	26	superintendent of public instruction or the terms of the agreement.
27	27	f.Limit the number of charter schools to:
28	28	(1)Twelve for the 2025 - 26 and 2026 - 27 school years.
29	29	(2)Fifteen for the 2027 - 28 and 2028 - 29 school years.
30	30	g.Adopt rules to implement this chapter.
31	31	2.To obtain a certificate of approval, an applicant shall demonstrate the applicant's:
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58	58	24 Sixty-ninth
59	59	Legislative Assembly
60	60	a.Good standing with a state educational agency or other authorizing entity as a
61	61	successful operator of a charter school in at least one state ;
62	62	b.Successful education of students who were at risk of failing academically,
63	63	including the implementation of a high school dropout recovery program ;
64	64	c.Ability to provide an innovative education program; or
65	65	d.Good standing with the superintendent of public instruction as a successful
66	66	operator of a charter school in the state.
67	67	3.A charter holder may not license the charter to another operator, including an
68	68	education management organization.
69	69	Public charter school board - Requirements.
70	70	1.A charter holder shall establish a school board composed of five, seven, or nine
71	71	members.
72	72	2.A public charter school board:
73	73	a.Must include one resident of each community in which a charter school is
74	74	operated.
75	75	b.Is a public entity under chapter 44 - 04 and subject to the provisions of that
76	76	chapter. Meetings of a public charter school board must be recorded and
77	77	archived for public access.
78	78	c.May enter agreements with other educational entities.
79	79	State assessment.
80	80	The superintendent of public instruction shall administer to public charter school students
81	81	the tests aligned to state content and achievement standards under section 15.1 - 21 - 08.
82	82	Reporting to the superintendent of public instruction - Funding.
83	83	1.A charter holder:
84	84	a.Shall file the reports required under subsections 1 and 2 of section 15.1 - 27 - 02.
85	85	b.May not receive any funds derived from local taxation.
86	86	c.May not charge tuition or fees for any services provided for students, except fees
87	87	for field trips, clubs, organizations, and athletic participation.
88	88	2.The superintendent of public instruction shall:
89	89	a.Distribute payments to a charter holder pursuant to the schedule under section
90	90	15.1 - 27 - 01.
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124	124	b.Calculate state aid for a public charter school by multiplying the number of
125	125	students enrolled by the per student payment, which is the dollar amount for the
126	126	respective school year in subsection 3 of section 15.1 - 27 - 04.1.
127	127	3.The students identified by the superintendent of public instruction under section
128	128	15.1 - 32 - 18 include students enrolled in a public charter school. The excess costs of
129	129	providing services to high - cost students are the responsibility of the state. When
130	130	appropriate, section 15.1 - 32 - 18 applies to public charter school students.
131	131	4.The state is not required to provide transportation to public charter schools.
132	132	5.A public charter school is eligible for all applicable federal funding administered by the
133	133	superintendent of public instruction.
134	134	Athletics and activities.
135	135	A charter school may:
136	136	1.Become a member of the North Dakota high school activities association pursuant to
137	137	the constitution and bylaws of the North Dakota high school activities association.
138	138	2.Apply to the North Dakota high school activities association board of directors for
139	139	approval of a cooperative sponsorship.
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