North Dakota 2025 2025-2026 Regular Session

North Dakota House Bill HB1494 Engrossed / Bill

Filed 02/06/2025

                    25.1069.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Jonas, Meier, Murphy, Richter, Hager
Senator Boschee
A BILL for an Act to amend and reenact section 15.1-27-03.1 of the North Dakota Century 
Code, relating to the determination of weighted average daily membership; to provide an 
effective date; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15.1-27-03.1 of the North Dakota Century Code is 
amended and reenacted as follows:
15.1-27-03.1. Weighted average daily membership - Determination.
1.For each school district, the superintendent of public instruction shall multiply by:
a.1.00 the number of full-time equivalent students enrolled in an extended 
educational program in accordance with section 15.1-32-17;
b.0.60 the number of full-time equivalent students enrolled in a summer education 
program, including a migrant summer education program;
c.0.40 the number of full-time equivalent students who:
(1)On a test of English language proficiency approved by the superintendent of 
public instruction are determined to be least proficient and placed in the first 
of six categories of proficiencytest in the first, second, and third levels of 
proficiency; and
(2)Are enrolled in a program of instruction for English language learners;
d.0.280.10 the number of full-time equivalent students who:
(1)On a test of English language proficiency approved by the superintendent of 
public instruction are determined to be more proficient than students placed 
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ENGROSSED HOUSE BILL NO. 1494
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in the first of six categoriestest in the fourth level of proficiency and therefore 
placed in the second of six categories of proficiency; and
(2)Are enrolled in a program of instruction for English language learners;
e.0.25 the number of full-time equivalent students under the age of twenty-one 
enrolled in grades nine through twelve in an alternative high school;
f.0.20 the number of full-time equivalent students enrolled in a home-based 
education program and monitored by the school district under chapter 15.1-23;
g.0.17 the number of full-time equivalent students enrolled in an early childhood 
special education program;
h.0.15 the number of full-time equivalent students in grades six through eight 
enrolled in an alternative education program for at least an average of fifteen 
hours per week;
i.0.10 the number of students enrolled in average daily membership, if the district 
has fewer than one hundred students enrolled in average daily membership and 
the district consists of an area greater than two hundred seventy-five square 
miles [19424.9 hectares], provided that any school district consisting of an area 
greater than six hundred square miles [155399 hectares] and enrolling fewer than 
fifty students in average daily membership must be deemed to have an 
enrollment equal to fifty students in average daily membership;
j.0.088 the number of students enrolled in average daily membership, in order to 
support the provision of special education services;
k.0.070.40 the number of full-time equivalent students who:
(1)On a test of English language proficiency approved by the superintendent of 
public instruction are determined to be more proficient than students placed 
in the second of six categories of proficiency and therefore placed in theat 
the third of six categorieslevel of proficiency;
(2)Are enrolled in a program of instruction for English language learners; and
(3)Have not been in the third of six categories of proficiency for more than 
three years;
l.0.025 the number of students representing that percentage of the total number of 
students in average daily membership which is equivalent to the three-year 
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average percentage of students in grades three through eight who are eligible for 
free or reduced lunches under the Richard B. Russell National School Lunch Act 
[42 U.S.C. 1751 et seq.];
m.0.002 the number of students enrolled in average daily membership in a school 
district that is a participating member of a regional education association meeting 
the requirements of chapter 15.1-09.1;
n.1.0 the number of students by which the district's September tenth enrollment 
report exceeds the number of students in the prior year's average daily 
membership; and
o.For districts paid based on September tenth enrollment in the prior year, 1.00 the 
number of students determined by deducting the number of students in the prior 
year's September tenth enrollment from the prior year's average daily 
membership. If the prior year's September tenth enrollment exceeds the prior 
year's average daily membership, then a deduction of 1.00 the number of excess 
students.
2.The superintendent of public instruction shall determine each school district's weighted 
average daily membership by adding the products derived under subsection 1 to the 
district's average daily membership.
SECTION 2. EFFECTIVE DATE. This Act is effective July 1, 2025.
SECTION 3. EMERGENCY. This Act is declared to be an emergency measure.
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