North Dakota Code § 15.1-40-08

Education service providers
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If a proposed public charter school intends to enter an agreement with an education service 
provider for education or management services, in addition to the other application 
requirements, a public charter school organizer shall:
1. Explain the selection process and reasoning for selecting the education service 
provider.
2. Provide evidence of the education service provider's success in serving student 
populations similar to the targeted population, including demonstrated academic 

achievement and, if applicable, successful management of nonacademic school 
functions.
3. Provide information on the proposed duration of the service performance agreement, 
roles, responsibilities, and scope of services and resources to be provided by the 
education service provider, performance evaluation measures and timelines, 
compensation structure, methods of performance agreement oversight and 
enforcement, and conditions for renewal and termination of the performance 
agreement.
4. Explain the relationship between the governing board, the school's leadership and 
management team, and the education service provider, specifying how the governing 
board and the school's leadership and management team will monitor and evaluate 
the performance of the education service provider.
5. Provide a statement of assurance the governing board and the school's leadership and 
management team are legally and operationally independent from the education 
service provider.
6. Ensure faculty performance agreements are separate from management performance 
agreements.
7. Ensure the governing board retains the right to terminate the performance agreement 
for failure to meet defined performance standards after notice has been given to the 
education service provider, a reasonable cure period has expired, and material 
deficiencies have not been cured.
8. Disclose and explain any existing or potential conflicts of interest between the 
governing board, the school's leadership and management team, and the education 
service provider or any affiliated business entities.

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