North Dakota Code § 15.1-02-23

Intervention for chronically low-performing schools - Report
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1. As used in this section, unless context otherwise requires:
a. "Chronically low -performing district" means a school district for which auditing 
and monitoring has revealed a consistent mishandling of processes, reporting, or 
funds resulting in inadequate educational services for the school district's 
students and has had chronically low -performing schools within the school 
district.
b. "Chronically low -performing school" means a school identified by the state for 
comprehensive support and improvement in accordance with the Every Student 
Succeeds Act [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. 28 et seq.] for more than 
one cycle.
c. "Inadequate educational services" include a lack of annual progress in academic 
achievement, student engagement, resource allocation, teacher effectiveness, 
chronic absenteeism, and persistent subgroup opportunity gaps.
2. The superintendent of public instruction shall intervene directly when a public school is 
a chronically low -performing school and when a school district is a chronically 
low-performing school district. The superintendent of public instruction shall conduct 
an assessment and a review of past interventions of a chronically low -performing 
school or school district to identify areas of insufficient performance and develop an 
improvement plan. An improvement plan under this section may include a directive 
from the superintendent of public instruction requiring:
a. Funds to be held in escrow for the school or school district or spent as designated 
by the superintendent of public instruction.
b. Changes to curriculum, training, instruction, assessment, or the school calendar 
in the school or school district.
c. Reassignment or hiring of school or school district staff to fill roles associated with 
school or school district needs.
3. A memorandum of understanding must be entered between the department of public 
instruction and a chronically low-performing school or school district.
4. A chronically low -performing school or school district shall complete a school board 
leadership program as required by the department of public instruction.
5. The superintendent of public instruction shall report annually to the state board of 
public school education, the education standing committees of the legislative assembly 
during a legislative session, and an interim committee of the legislative management 
when the legislative assembly is not in a legislative session regarding the 
implementation of this section.

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