1. To obtain certification that a public school is approved, the superintendent of the district in which the school is located shall submit to the superintendent of public instruction a compliance report verifying that: a. Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board; b. Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57; c. The school meets all curricular requirements set forth in chapter 15.1-21; d. The school participates in and meets the requirements of a review process that is: (1) Designed to improve student achievement through a continuous cycle of improvement; and (2) Approved by the superintendent of public instruction; e. The physical school plant has been inspected by the state fire marshal or the state fire marshal's designee in accordance with section 15.1-06-09 and: (1) Has no unremedied deficiency; or (2) Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal's designee; f. All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have: (1) Undergone a criminal history background check requested by the employing school district; or (2) Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board; and g. The school uses North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the superintendent of public instruction, to generate official transcripts. 2. The compliance report required by subsection 1 must: a. Be signed by the school principal and the superintendent of the school district; b. Be formally approved by the board of the school district; and c. Be filed with the superintendent of public instruction before five p.m. on the: (1) First day of October; or (2) The date of the extension provided under subsection 6. 3. On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school principal, school district superintendent, and school board member, electronic notification that the compliance report is due on the first day of October. 4. If a school's compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school's compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department's website, indicating whether a school is approved or unapproved. 5. If a public school does not meet the approval requirements of this section, the superintendent of public instruction shall: a. Notify the parents of students enrolled in the school, either directly or through the local media outlets, that the school is unapproved; and b. Subtract from any state aid otherwise payable to the school district the prorated amount attributable to the students in attendance at the unapproved school for each day that the school's compliance report is not on file with the superintendent of public instruction. 6. If because of unforeseen or other extenuating circumstances a school district superintendent is unable to file a school's compliance report with the superintendent of public instruction before five p.m. on October first, the school district superintendent may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth. 7. Upon receipt of a school's compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A certification of approval under this subsection expires at the conclusion of the regular school calendar. 8. If after being certified as approved a school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the superintendent of the school district in which the school is located shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time. 9. If a school district does not employ a superintendent, the duties required of a school district superintendent by this section must be performed as provided for in chapter 15.1-11. Approval of public schools. (Effective after June 30, 2026) 1. To obtain certification that a public school is approved, the superintendent of the district in which the school is located shall submit to the superintendent of public instruction a compliance report verifying that: a. Each classroom teacher is licensed to teach by the education standards and practices board or approved to teach by the education standards and practices board; b. Each classroom teacher is teaching only in those course areas or fields for which the teacher is licensed or for which the teacher has received an exception under section 15.1-09-57; c. The school meets all curricular requirements set forth in chapter 15.1-21; d. The school participates in and meets the requirements of a review process that is: (1) Designed to improve student achievement through a continuous cycle of improvement; and (2) Approved by the superintendent of public instruction; e. The physical school plant has been inspected by the state fire marshal or the state fire marshal's designee in accordance with section 15.1-06-09 and: (1) Has no unremedied deficiency; or (2) Has deficiencies that have been addressed in a plan of correction which was submitted to and approved by the state fire marshal or the state fire marshal's designee; f. All individuals hired after June 30, 2011, and having unsupervised contact with students at the school, have: (1) Undergone a criminal history background check requested by the employing school district; or (2) Undergone a criminal history background check in order to be licensed by the education standards and practices board or by any other state licensing board; and g. The school uses North Dakota eTranscripts, or an alternative information system designated by the information technology department in collaboration with the superintendent of public instruction, to generate official transcripts. h. The school executed a data sharing agreement with the department under sections 15.1-07-25.3 and 15.1-07-33. 2. The compliance report required by subsection 1 must: a. Be signed by the school principal and the superintendent of the school district; b. Be formally approved by the board of the school district; and c. Be filed with the superintendent of public instruction before five p.m. on the: (1) First day of October; or (2) The date of the extension provided under subsection 6. 3. On the tenth day of September and on the twenty-fifth day of September, the superintendent of public instruction shall provide to each school principal, school district superintendent, and school board member, electronic notification that the compliance report is due on the first day of October. 4. If a school's compliance report is not submitted at the time and in the manner required by subsection 2, the superintendent of public instruction shall designate the school as unapproved. No later than thirty days after the date on which a school's compliance report is due, in accordance with subsection 2, the superintendent of public instruction shall post a notice on the department's website, indicating whether a school is approved or unapproved. 5. If a public school does not meet the approval requirements of this section, the superintendent of public instruction shall: a. Notify the parents of students enrolled in the school, either directly or through the local media outlets, that the school is unapproved; and b. Subtract from any state aid otherwise payable to the school district the prorated amount attributable to the students in attendance at the unapproved school for each day that the school's compliance report is not on file with the superintendent of public instruction. 6. If because of unforeseen or other extenuating circumstances a school district superintendent is unable to file a school's compliance report with the superintendent of public instruction before five p.m. on October first, the school district superintendent may request one extension from the superintendent of public instruction. The superintendent of public instruction shall grant the extension provided the request was received before five p.m. on October first. An extension under this section terminates at five p.m. on October fifteenth. 7. Upon receipt of a school's compliance report, as required by this section, the superintendent of public instruction shall certify the school as being approved. A certification of approval under this subsection expires at the conclusion of the regular school calendar. 8. If after being certified as approved a school experiences circumstances or events that would render the information contained in its compliance report inaccurate, the superintendent of the school district in which the school is located shall notify the superintendent of public instruction and work with the superintendent of public instruction to address the circumstances or events at the earliest possible time. 9. If a school district does not employ a superintendent, the duties required of a school district superintendent by this section must be performed as provided for in chapter 15.1-11.
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