North Dakota Code § 15.1-40-06

Superintendent of public instruction - Powers and duties - Report to the
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legislative management.
1. The superintendent of public instruction shall:
a. Evaluate an application from the organizer of a proposed public charter school.
b. Deny an application that does not meet identified educational needs.
c. Determine whether a charter school application merits approval, conditional 
approval, renewal, or revocation.
d. Negotiate and execute a charter performance agreement with an approved public 
charter school.
e. Monitor the performance and compliance of a public charter school.
2. The superintendent of public instruction shall provide to the legislative management a 
report within three years of approving the first public charter school summarizing the:

a. Strategic vision and progress of each public charter school.
b. Performance of each operating public charter school, according to the 
performance measures and expectations specified in the charter performance 
agreement.
c. Status of charter applications, including charter schools that were not approved, 
not renewed, and closed.
d. Oversight and services provided by the superintendent of public instruction to 
public charter schools.
e. Total amount of fees collected from each public charter school, how the funds 
were expended to support the public charter school, and the costs incurred by the 
superintendent of public instruction to oversee each public charter school.
3. To cover costs of overseeing public charter schools in accordance with this chapter, 
the superintendent of public instruction may:
a. Expend resources available to the department of public instruction, seek grant 
funds, and establish partnerships.
b. Charge an administrative fee of up to three percent of annual per student 
allocations received by each public charter school.
4. An employee of the superintendent of public instruction may not serve as an 
employee, trustee, agent, representative, or vendor of a public charter school.
5. The superintendent of public instruction is not liable for the acts, omissions, debts, or 
other obligations of a public charter school.

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