North Dakota Code § 15.1-06-08.1

Statutes - Waiver
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1. The superintendent of public instruction may not waive any statute, in whole or in part, 
except as provided for in this section.
2. A school or school district may apply to the superintendent of public instruction for a 
waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25, 
15.1-32, and 15.1-38, or any associated rules, if the waiver:
a. Improves the delivery of education;
b. Improves the administration of education;
c. Provides increased educational opportunities for students; or
d. Improves the academic success of students.
3. The initial waiver must be for a specific period of time but may not exceed one year. 
The school district may apply for extensions of the waiver. The first extension may not 
exceed a period of one year. Additional extensions may not exceed periods of two 
years.
4. If the superintendent of public instruction, after receipt and consideration of an 
application for a waiver under this section, approves the waiver, the superintendent 
shall file a report with the legislative management. The report must provide a detailed 
account of the reasons for which the waiver was granted and the specific time period 
for the waiver. If the superintendent of public instruction denies an application for a 
waiver under this section, the superintendent shall file a notice of denial with the 
legislative management. If requested, the superintendent shall appear and respond to 
questions regarding the approval or denial of any application for a waiver under this 
section.
5. The superintendent of public instruction shall adopt rules governing the submission 
and evaluation of applications and the monitoring of any school or school district that 
receives a waiver under this section.

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