Bill Summary – FastDemocracy

0488.01000
     Sixty-ninth
     Legislative Assembly                    SENATE BILL NO. 2104
     of North Dakota
     Introduced by
       Senator Beard
       Representative Tveit
  A BILL for an Act to create and enact a new section to chapter 15.1-02 of the North Dakota
  Century Code, relating to review by the superintendent of public instruction of school district
  compliance with education-related state law and rule; and to amend and reenact sections
  15.1-02-04 and 15.1-14-01 of the North Dakota Century Code, relating to school district
  compliance with education-related law and rule.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 15.1-02-04 of the North Dakota Century Code is
  amended and reenacted as follows:
      15.1-02-04. Superintendent of public instruction - Duties - Report. (Effective through
 December 31, 2024)
     The superintendent of public instruction:
     1.   Shall supervise the provision of elementary and secondary education to the students
          of this state.
     2.   Shall supervise the establishment and maintenance of schools and provide advice and
          counsel regarding the welfare of the schools.
     3.   Shall supervise the development of course content standards.
     4.   Shall supervise the assessment of students.
     5.   Shall serve as an ex officio member of the board of university and school lands.
     6.   Shall keep a complete record of all official acts and appeals.
     7.   As appropriate, shall determine the outcome of appeals regarding education matters.
     8.   Shall direct school district annexation, reorganization, and dissolution and employ and
          compensate personnel necessary to enable the state board of public school education
          to carry out its powers and duties regarding school district annexation, reorganization,
          and dissolution.
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      9.   Shall facilitate a process to review and update annually the statewide prekindergarten
           through grade twelve education strategic vision. The process must include input and
           participation from a steering committee that includes representatives of all state-level
           entities receiving state education funding and education stakeholder groups. Each
           steering committee member entity receiving state education funds shall provide
           components of the entity's strategic plan which are aligned to the statewide strategic
           vision. The steering committee shall prepare a collaborative report of the strategic
           plans of each committee member entity receiving state education funds. The
           superintendent shall provide the collaborative report and any updates to the strategic
          vision to the legislative management during each interim and to a joint meeting of the
          education standing committees during each regular legislative session.
    10.   Shall facilitate the development and implementation of a North Dakota learning
          continuum in collaboration with the department of career and technical education,
          upon the recommendation of the kindergarten through grade twelve education
          coordination council.
    11.   Shall appoint a task force in collaboration with the kindergarten through grade twelve
          education coordination council. The task force shall review all statutes in this code
          relating to literacy, dyslexia, and related teacher training and report the findings and
          recommendations of the task force, together with any legislation necessary to
          implement the recommendations, to the sixty-ninth legislative assembly.
     Superintendent of public instruction - Duties - Report. (Effective after December 31,
 2024) The superintendent of public instruction:
     1.   Shall supervise the provision of elementary and secondary education to the students
          of this state.
     2.   Shall supervise the establishment and maintenance of schools and provide advice and
          counsel regarding the welfare of the schools.
     3.   Shall supervise the development of course content standards.
     4.   Shall supervise the assessment of students.
     5.   Shall serve as an ex officio member of the board of university and school lands.
     6.   Shall keep a complete record of all official acts and appeals.
     7.   As appropriate, shall determine the outcome of appeals regarding education matters.
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      8.   Shall direct school district annexation, reorganization, and dissolution and employ and
           compensate personnel necessary to enable the state board of public school education
           to carry out its powers and duties regarding school district annexation, reorganization,
           and dissolution.
      9.   Shall facilitate a process to review and update annually the statewide prekindergarten
           through grade twelve education strategic vision. The process must include input and
           participation from a steering committee that includes representatives of all state-level
           entities receiving state education funding and education stakeholder groups. Each
           steering committee member entity receiving state education funds shall provide
          components of the entity's strategic plan which are aligned to the statewide strategic
          vision. The steering committee shall prepare a collaborative report of the strategic
          plans of each committee member entity receiving state education funds. The
          superintendent shall provide the collaborative report and any updates to the strategic
          vision to the legislative management during each interim and to a joint meeting of the
          education standing committees during each regular legislative session.
    10.   Shall facilitate the development and implementation of a North Dakota learning
          continuum in collaboration with the department of career and technical education,
          upon the recommendation of the kindergarten through grade twelve education
          coordination council.
    11.   Shall provide guidance to a school district to promote compliance with education-
          related state and federal law and the rules and regulations of any applicable state or
          federal agency and shall publish the guidance on the department of public instruction's
          website.
    12.   Shall review a school district to verify compliance with state law or rule or both and
          issue guidance or withhold funding if a condition under subsection 1 of section 2 of this
          Act occurs.
    SECTION 2. A new section to chapter 15.1-02 of the North Dakota Century Code is created
 and enacted as follows:
    Review for compliance - Procedure - Complaints.
     1.   The superintendent of public instruction shall conduct a review of a school district to
          verify compliance with education-related state law or rule or both upon:
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           a.   An exercise of discretion by the superintendent of public instruction, which may
                be prompted by a complaint submitted under subsection 5.
           b.   Receipt of a resolution passed by a majority of a board of school district or the
                state board of public school education.
           c.   Request of a county superintendent of schools or school district superintendent.
      2.   If the superintendent determines a review is required under subsection 1, the
           superintendent of public instruction shall:
           a.   Notify the school district superintendent and the board of that school district of
                the proposed review, stating the reasons for and the anticipated scope of the
               review no later than ten days after a condition under subsection 1 occurs.
          b.   Investigate as necessary to obtain facts related to the matter.
          c.   No sooner than ten days after and no later than ninety days after the affected
               party has been notified of a proposed review:
               (1)      Issue guidance, including remedial steps to become compliant; or
               (2)      Close the matter and notify the affected party in writing.
     3.   If the superintendent of public instruction issues guidance to a school district more
          than once, the superintendent of public instruction shall deduct two percent of the total
          state payments to which a school district is entitled for that school year from the
          subsequent payment distribution under section 15.1-27-01 for each guidance letter
          issued except the first guidance letter.
     4.   The school district may respond to the superintendent of public instruction no later
          than ten days after receipt of the notice of proposed review.
     5.   The superintendent of public instruction shall provide a form that a state resident may
          use to submit a complaint to the superintendent of public instruction regarding a
          school district's failure to comply with education-related state law or rule.
    SECTION 3. AMENDMENT. Section 15.1-14-01 of the North Dakota Century Code is
 amended and reenacted as follows:
    15.1-14-01. School district superintendent - Duties.
    A school district superintendent shall:
     1.   Supervise the general operation of the school district.
     2.   Supervise the provision of education to students.
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     3.   Visit the schools of the district.
     4.   Supervise school personnel.
     5.   Prepare and deliver reports requested by the board of the district.
     6.   Perform any other duties requested by the board.
     7.   Create and enforce rules applicable to personnel to ensure the school district is in
          compliance with the guidance provided by the superintendent of public instruction
          under subsection 11 of section 15.1-02-04.
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Statutes affected: 
PREFILED: 15.1-02-04, 15.1-14-01