Legislative Assembly SENATE BILL NO. 2216
of North Dakota
1 A BILL for an Act to amend and reenact sections 15-19-01, 15-19-02, 15-19-02.1, 15-19-04,
2 15-19-06, and 15-19-08 of the North Dakota Century Code, relating to distance education; and
3 to repeal section 15-19-03 of the North Dakota Century Code, relating to authorization of
4 enrollments to the center for distance education by a superintendent of a school.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 15-19-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 15-19-01. Distance education courses - Establishment - Enrollment of students -
9 Courses of instruction.
10 The state shall provide distance educationkindergarten through grade twelve courses,
11 comprehensive educational support, and high school diplomas through the center for distance
12 education under the following provisions:
13 1. A complete curriculum by distance education which has been specifically determined
14 byprescribed by state-mandated education accreditation entities which meets the
15 requirements for digital education the superintendent of public instruction as proper
16 and suitable for instruction under distance education methods, such determination and
17 approval to be made not less than once in each school year, must be maintained upon
18 the campus of one of the state institutions of higher educationhas deemed appropriate
19 and proper.
20 2. Unless specifically excused in writing upon the course application forms by theA
21 superintendent or an administrator of thea school approvingmay deny the enrollment
22 application, orof a student in that district at the center for distance education except as
23 provided in subsection 5, all students under the age of sixteen taking advantage of the
24 provisions of this chapter must be required to attend their local district schools and to
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1 study their distance education lessons under the supervision of a local supervisor. If
2 not required to attend their local schools, their work may be done at a place
3 designated by the state director. If in attendance at a local school, students must be
4 supplied with desk space in their respective school without charge and shall attend
5 school regularly and be under the same disciplinary supervision of the teachers as the
6 other school students.
7 3. The center for distance education may provide services to persons who are not North
8 Dakota residents.
9 4. DistanceCenter for distance education students shall pay for books and materials
10 used by them, postage required to mail reports to the center, and other fees as may
11 be prescribed by the state director.
12 5. Students exempt from the compulsory school attendance laws pursuant to
13 subdivision e of subsection 1 of section 15.1-20-02 may enroll in distance education
14 courses offered through the center for distance education. These students may study
15 their center for distance education lessons in their learning environment under the
16 supervision of a parent. The tests for the distance education study must be
17 administered by an individual who is licensed to teach by the education standards and
18 practices board or approved to teach by the education standards and practices board
19 and employed either by the public school district in which the parent resides or a
20 state-approved private or nonpublic school.
21 SECTION 2. AMENDMENT. Section 15-19-02 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 15-19-02. Administration - Director of center for distance education - Appointment
24 and duties.
25 The program of and all activities related to the center for distance education are the
26 responsibility of the center for distance education and under the supervisionauthority of the
27 educational technology councilstate board for career and technical education. The educational
28 technology council shallexecutive director of the department of career and technical education
29 may hire a state director ofadministration and staff for the center for distance education who
30 must be classified under the state personnel merit system. The directoradministration shall carry
31 out the director'sadministration's responsibilities in the administration ofadministering the center
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1 for distance education in the manner approved by the educational technology councilstate
2 board for career and technical education, under the supervision of the executive director of the
3 department of career and technical education, and compliant with requirements established by
4 the superintendent of public instruction and the education standards and practices board for
5 public school administrators and teachers. The state board for career and technical education
6 shall administer the responsibilities of the board of a school district relating to the center for
7 distance education.
8 SECTION 3. AMENDMENT. Section 15-19-02.1 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 15-19-02.1. Distance education clearinghouse.
11 The director of the center for distance education shall establish a clearinghouse for online
12 courses delivered to North Dakota schools for the purpose of providing:
13 1. A list of the online courses and providers for all North Dakota schools to access.
14 2. Awareness of online courses available in new and emerging careers.
15 3. A list of comparative prices for online courses and other online services.
16 4. Awareness of the differences between technological innovation and learning
18 SECTION 4. AMENDMENT. Section 15-19-04 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 15-19-04. Duty of superintendent - Advertising.
21 The superintendent or an employee of the department of public instruction designated by
22 the superintendent shall ensure that the courses offered by the center for distance education
23 meet state content standards and shall monitor compliance with sections 15.1-18-02 and
24 15.1-18-03. The center for distance education may advertise its distance education
26 SECTION 5. AMENDMENT. Section 15-19-06 of the North Dakota Century Code is
27 amended and reenacted as follows:
28 15-19-06. Special funds - Deposit of collections - Transfers from general fund
30 1. A special operating fund for the center for distance education must be maintained
31 within the state treasury and all income and fees collected by the center for distance
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1 education from any source must be remitted monthly by the director to the state
2 treasurer and credited to the special operating fund. All expenditures from the fund
3 must be within the limits of legislative appropriations and must be made upon
4 vouchers, signed and approved by the technology director appointed by the
5 educational technology councilexecutive director for the department of career and
6 technical education. Upon approval of the vouchers by the office of the budget,
7 warrant-checks must be prepared by the office of management and budget. The state
8 treasurer shall make periodic transfers upon order of the director of the office of
9 management and budget from the center for distance education general fund
10 appropriation to the special operating fund whenever its balance falls so low as to
11 require supplementation.
12 2. The educational technology council may establish an administrative operational fund,
13 of not to exceed ten thousand dollars, out of the special operating fund for the center
14 for distance education. The administrative operational fund must be deposited in the
15 Bank of North Dakota and may be drawn upon by the state director of the center for
16 distance education for the payment of necessary expenses in the administration and
17 operation of the center for distance education within the limits and rules prescribed by
18 the educational technology council. The director shall submit a full, minute, and
19 itemized statement of every expenditure made during the month to the council in
20 accordance with the rules adopted by the council, and thereafter the council may
21 periodically authorize additional transfers to the administrative operational fund, but
22 the balance in the fund may never exceed ten thousand dollars, and any
23 unencumbered balance at the end of any biennium must revert to the state treasury.
24 The administrative operational fund may not be used to pay salaries or expenses of
25 the director.
26 3. The educational technology councilstate board for career and technical education may
27 establish a scholarship fund to provide financial grants to students enrolled in courses
28 offered through the center for distance education. The scholarship fund may consist
29 only of those funds specifically appropriated by the legislative assembly and property
30 received by the council or the center for distance education as a gift, devise, or
31 bequest. Any gift, devise, or bequest of property received by the council or center for
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1 distance education which is designated by the councilstate board for career and
2 technical education and donor for the scholarship fund must be deposited in the
3 scholarship fund at the Bank of North Dakota. The state director of the center for
4 distance education may draw only on the interest earned by the scholarship fund for
5 the award of scholarships within the limits and rules adopted by the educational
6 technology councilstate board for career and technical education. The interest earned
7 by the scholarship fund is appropriated to the center for distance education.
8 SECTION 6. AMENDMENT. Section 15-19-08 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 15-19-08. Distance education work.
11 The amount of money appropriated by the legislative assembly for distance education work
12 for a biennium, or so much thereof as may be necessary, must be expended first for work by
13 distance education as determined by the center for distance education and approved by the
14 state board for career and technical education.
15 SECTION 7. REPEAL. Section 15-19-03 of the North Dakota Century Code is repealed.
Page No. 5 19.0819.01000Statutes affected:
INTRODUCED: 15-19-01, 15-19-02, 15-19-02.1, 15-19-04, 15-19-06, 15-19-08, 15-19-03
FIRST ENGROSSMENT: 15-19-01, 15-19-02, 15-19-02.1, 15-19-04, 15-19-06, 15-19-08, 15-19-03
Prepared by the Legislative Council staff for Representative Schreiber-Beck: 15-20.1-03
Enrollment: 15-19-01, 15-19-02, 15-19-02.1, 15-19-06, 15-19-08, 15-20.1-03