23.0697.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2284
of North Dakota
Introduced by
Senators Schaible, Elkin
Representatives Heinert, Nathe
1 A BILL for an Act to amend and reenact section 15.1-01-01, subsection 8 of section 15.1-15-02,
2 subsection 6 of section 15.1-19-10, section 15.1-21-12.1, section 15.1-27-03.1, subsection 4 of
3 section 15.1-27-03.2, section 15.1-27-04.1, and subsection 5 of section 15.1-36-08 of the North
4 Dakota Century Code, relating to the state board of public school education members, the
5 definition of "probationary teacher", the definition of "weapon", modification of weighting factors
6 and transition maximums, an increase in per student payments, and professional development
7 for reading; to provide for a transfer; and to provide an effective date.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Section 15.1-01-01 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 15.1-01-01. State board of public school education - Composition.
12 1. The state board of public school education consists of the superintendent of public
13 instruction and:
14 a. An individual representing Barnes, Cass, Grand Forks, Griggs, Nelson, Steele,
15 and Traill Countieslegislative districts ten, eleven, thirteen, sixteen, twenty-one,
16 forty-one, forty-four, and forty-six;
17 b. An individual representing Benson, Bottineau, Cavalier, McHenry, Pembina,
18 Pierce, Ramsey, Renville, Rolette, Towner, and Walsh Countieslegislative districts
19 nine, fifteen, seventeen, eighteen, nineteen, twenty, forty-two, and forty-three;
20 c. An individual representing Dickey, Emmons, LaMoure, Logan, McIntosh,
21 Ransom, Richland, and Sargent Countieslegislative districts twelve, twenty-two,
22 twenty-four, twenty-five, twenty-seven, twenty-eight, twenty-nine, and forty-five;
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1 d. An individual representing Burleigh, Eddy, Foster, Kidder, McLean, Sheridan,
2 Stutsman, and Wells Countieslegislative districts seven, eight, thirty, thirty-one,
3 thirty-two, thirty-four, thirty-five, and forty-seven;
4 e. An individual representing Burke, Divide, McKenzie, Mountrail, Ward, and
5 Williams Countieslegislative districts three, four, five, six, fourteen, thirty-three,
6 thirty-eight, and forty; and
7 f. An individual representing Adams, Billings, Bowman, Dunn, Golden Valley, Grant,
8 Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Countieslegislative
9 districts one, two, twenty-three, twenty-six, thirty-six, thirty-seven, and thirty-nine.
10 2. All board members other than the superintendent of public instruction must be
11 qualified electors and must reside in one of the countiesdistricts they represent.
12 3. The governor shall appoint new board members from a list of three names submitted
13 by a committee consisting of the president of North Dakota united or the president's
14 designee, the president of the North Dakota council of educational leaders or the
15 president's designee, and the president of the North Dakota school boards association
16 or the president's designee. Two of the state board members must be members of the
17 North Dakota school boards association. Two of the state board members must be
18 employed by a North Dakota school district and be active members of the North
19 Dakota association of school administrators.
20 4. Appointees serve for six-year terms, staggered so that the terms of two members
21 expire on June thirtieth of each even-numbered year.
22 5. If a vacancy occurs, the governor shall appoint an individual to serve for the duration
23 of the unexpired term.
24 6. Each member of the board is entitled to receive, from the biennial appropriation for the
25 superintendent of public instruction, compensation in the amount of sixty-two dollars
26 and fifty cents per day and reimbursement for expenses, as provided by law for state
27 officers, if the member is attending board meetings or performing duties directed by
28 the board. The compensation provided for in this section may not be paid to any
29 member who receives a salary or other compensation as an employee or official of
30 this state if the individual is serving on the board by virtue of the individual's state
31 office or state employment.
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1 7. The superintendent of public instruction shall serve as the executive director and
2 secretary of the board. The superintendent shall call meetings as necessary, carry out
3 the policies of the board, and employ personnel necessary to perform the board's
4 duties.
5 8. The board shall annually elect one member to serve as the chairman.
6 SECTION 2. AMENDMENT. Subsection 8 of section 15.1-15-02 of the North Dakota
7 Century Code is amended and reenacted as follows:
8 8. For purposes of this section, "probationary teacher" means an individual teaching for
9 less than two years in the school district.
10 SECTION 3. AMENDMENT. Subsection 6 of section 15.1-19-10 of the North Dakota
11 Century Code is amended and reenacted as follows:
12 6. For purposes of this section:
13 a. "Firearm" has the meaning provided in Public Law No. 90-351 [82 Stat. 197;
14 18 U.S.C. 921].
15 b. "School property" includes all land within the perimeter of the school site and all
16 school buildings, structures, facilities, and school vehicles, whether owned or
17 leased by a school district, and the site of any school-sponsored event or activity.
18 c. "Weapon" includes any switchblade or gravity knife, machete, scimitar, stiletto,
19 sword, dagger, or knife with a blade of five inches [12.7 centimeters] or more; any
20 throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap,
21 bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and
22 arrow, crossbow, or spear; any weapon that will expel, or is readily capable of
23 expelling, a projectile by the action of a spring, compressed air, or compressed
24 gas, including any such weapon, loaded or unloaded, commonly referred to as a
25 BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object
26 containing or capable of producing and emitting any noxious liquid, gas, or
27 substance. The term does not include a spray or aerosol containing CS, also
28 known as ortho-chlorobenzamalonitrile; CN, also known as alpha-
29 chloroacetophenone; or other irritating agent intended for use in the defense of
30 an individual, nor does the term include a device that uses voltage for the
31 defense of an individual, unless the device uses a projectile and voltage or the
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1 device uses a projectile and may be used to apply multiple applications of voltage
2 during a single incident, then the term includes the device for an individual who is
3 prohibited from possessing a firearm under this title.
4 SECTION 4. AMENDMENT. Section 15.1-21-12.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 15.1-21-12.1. Reading curriculum - Content - Professional development - Reports to
7 legislative management.
8 1. Beginning July 1, 2022, each school district and nonpublic school shall ensure the
9 portion of its curriculum which is related to reading:
10 a. Is scientifically based, evidence based, and research based;
11 b. Focuses on:
12 (1) Phonemic awareness;
13 (2) Phonics;
14 (3) Fluency;
15 (4) Vocabulary; and
16 (5) Comprehension; and
17 c. Uses systematic direct instruction for students in kindergarten through grade
18 three to ensure all students obtain necessary early reading skills.
19 2. Before the 2022-23 school year, a school district or nonpublic school shall evaluate
20 each teacher who teaches kindergarten through grade three at a school district or
21 nonpublic school, and each principal of a public or nonpublic school with kindergarten
22 through grade three, to determine whether the teacher or principal requires
23 professional development in a topic under subdivision b of subsection 1. The teacher
24 or principal shall attend teacher-approved, professional development training that
25 includes training in the topics provided under subsection 1for each topic for which the
26 teacher or principal requires professional development.
27 3. Each teacher or principal hired by a school district or nonpublic school that provides
28 instruction in kindergarten through grade three shall complete the training under
29 subsection 2, or demonstrate mastery of the topics provided under subsection 1,
30 within one year of the teacher's or principal's first year of placement in the grade level
31 or at the school.
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1 4. To be approved by the superintendent of public instruction, each public and nonpublic
2 school shall certify to the superintendent of public instruction that the district or school:
3 a. Ensures the placement of highly effective teachers in kindergarten through grade
4 three;
5 b. Has integrated reading instruments used to diagnose reading development and
6 comprehension; and
7 c. Has integrated evidence-based resources to support reading development and
8 comprehension.
9 5. The superintendent of public instruction shall provide ongoing assistance to school
10 districts and nonpublic schools to be in and maintain compliance with this section.
11 6. The superintendent of public instruction, in collaboration with the kindergarten through
12 grade twelve education coordination council, shall adopt rules to implement this
13 section, including rules to monitor implementation and compliance with this section.
14 7. The superintendent of public instruction shall provide periodic reports to the legislative
15 management on the implementation and effectiveness of this section in improving
16 educational outcomes and reading competency of students.
17 SECTION 5. AMENDMENT. Section 15.1-27-03.1 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 15.1-27-03.1. Weighted average daily membership - Determination.
20 1. For each school district, the superintendent of public instruction shall multiply by:
21 a. 1.00 the number of full-time equivalent students enrolled in an extended
22 educational program in accordance with section 15.1-32-17;
23 b. 0.60 the number of full-time equivalent students enrolled in a summer education
24 program, including a migrant summer education program;
25 c. 0.40 the number of full-time equivalent students who:
26 (1) On a test of English language proficiency approved by the superintendent of
27 public instruction are determined to be least proficient and placed in the first
28 of six categories of proficiency; and
29 (2) Are enrolled in a program of instruction for English language learners;
30 d. 0.28 the number of full-time equivalent students who:
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1 (1) On a test of English language proficiency approved by the superintendent of
2 public instruction are determined to be more proficient than students placed
3 in the first of six categories of proficiency and therefore placed in the second
4 of six categories of proficiency; and
5 (2) Are enrolled in a program of instruction for English language learners;
6 e. 0.25 the number of full-time equivalent students under the age of twenty-one
7 enrolled in grades nine through twelve in an alternative high school;
8 f. 0.20 the number of full-time equivalent students enrolled in a home-based
9 education program and monitored by the school district under chapter 15.1-23;
10 g. 0.17 the number of full-time equivalent students enrolled in an early childhood
11 special education program;
12 h. 0.15 the number of full-time equivalent students in grades six through eight
13 enrolled in an alternative education program for at least an average of fifteen
14 hours per week;
15 i. 0.10 the number of students enrolled in average daily membership, if the district
16 has fewer than one hundred students enrolled in average daily membership and
17 the district consists of an area greater than two hundred seventy-five square
18 miles [19424.9 hectares], provided that any school district consisting of an area
19 greater than six hundred square miles [155399 hectares] and enrolling fewer than
20 fifty students in average daily membership must be deemed to have an
21 enrollment equal to fifty students in average daily membership;
22 j. 0.082 the number of students enrolled in average daily membership, in order to
23 support the provision of special education services;
24 k. 0.07 the number of full-time equivalent students who:
25 (1) On a test of English language proficiency approved by the superintendent of
26 public instruction are determined to be more proficient than students placed
27 in the second of six categories of proficiency and therefore placed in the
28 third of six categories of proficiency;
29 (2) Are enrolled in a program of instruction for English language learners; and
30 (3) Have not been in the third of six categories of proficiency for more than
31 three years;
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1 l. 0.025 the number of students representing that percentage of the total number of
2 students in average daily membership which is equivalent to the three-year
3 average percentage of students in grades three through eight who are eligible for
4 free or reduced lunches under the Richard B. Russell National School Lunch Act
5 [42 U.S.C. 1751 et seq.];
6 m. 0.002 the number of students enrolled in average daily membership in a school
7 district that is a participating member of a regional education association meeting
8 the requirements of chapter 15.1-09.1;
9 n. 0.601.0 the number of students by which the district's September tenth
10 enrollment report exceeds the number of students in the prior year's average
11 daily membership increasing the factor annually by 0.10, not to exceed 1.00; and
12 o. For districts paid based on September tenth enrollment in the prior year, 0.500.70
13 the number of students determined by deducting the number of students in the
14 prior year's September tenth enrollment from the prior year's average daily
15 membership, increasing the factor annually by 0.10, not to exceed 1.00. If the
16 prior year's September tenth enrollment exceeds the prior year's average daily
17 membership, then a deduction of 0.50 the number of excess students, increasing
18 the factor annually by 0.10, not to exceed 1.00.
19 2. The superintendent of public instruction shall determine each school district's weighted
20 average daily membership by adding the products derived under subsection 1 to the
21 district's average daily membership.
22 SECTION 6. AMENDMENT. Subdivision o of subsection 1 of section 15.1-27-03.1 of the
23 North Dakota Century Code is amended and reenacted as follows:
24 o. For districts paid based on September tenth enrollment in the prior year, 0.701.00
25 the number of students determined by deducting the number of students in the
26 prior year's September tenth enrollment from the prior year's average daily
27 membership, increasing the factor annually by 0.10, not to exceed 1.00. If the
28 prior year's September tenth enrollment exceeds the prior year's average daily
29