2016 North Dakota Century Code Title 15.1 Elementary and Secondary Education Chapter 15.1-07 School Districts
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CHAPTER 15.1-07
SCHOOL DISTRICTS
15.1-07-01. School district - Corporate powers.
1. Each school district in this state is a public school district governed by the provisions of
this title. Each school district is a body corporate. Each school district may sue and be
sued, contract, and convey any real and personal property that comes into its
possession.
2. The board of education of the city of Fargo is a body corporate. It has the power to sue
and be sued and to contract with others. It possesses all the powers usual and
incidental to a body corporate.
15.1-07-02. School district - Name change.
1. In order for the name of a school district to be changed, the question must be placed
before and approved by a majority of the district's qualified voters at a district election.
The school board may place the question on the ballot by resolution and shall place
the question on the ballot if it receives a petition signed by qualified electors of the
district equal in number to at least one-third of those who voted at the most recent
annual school district election.
2. The proposed name change must include the phrase "school district" or "public school
district" and may include no more than two additional words.
3. If a majority of the district's qualified voters approve the name change, the district must
be renamed accordingly.
4. The business manager of the district shall provide notification of the new name to the
county auditor, the county superintendent of schools, and the superintendent of public
instruction.
15.1-07-03. District's limit of indebtedness - Resolution.
1. The board of a school district may by resolution place on the ballot of any regular or
special election the question of increasing the district's limit of indebtedness, beyond
that fixed by the constitution, by five percent of the assessed valuation of all taxable
property in the district.
2. The board of a school district shall place on the ballot of the next regular or special
election the question of increasing the district's limit of indebtedness, beyond that fixed
by the constitution, by five percent of the assessed valuation of all taxable property in
the district, if the board receives a petition requesting the increase and signed by
qualified electors of the district equal in number to at least one-third of those who
voted at the most recent annual school district election.
15.1-07-04. District's limit of indebtedness - Election - Notice.
If an election is to include a question regarding an increase in the school district's limit of
indebtedness, the board of the school district shall ensure that the question is clearly stated in
the notice of election. If the board calls a special election to vote on the question of increasing
the district's limit of indebtedness, the board shall publish notice of the election in the official
newspaper of the district, at least fourteen days before the date of the election.
15.1-07-05. District's limit of indebtedness - Ballot.
In an election to increase a school district's limit of indebtedness, the ballots must state the
question in clear and concise language.
15.1-07-06. District's limit of indebtedness - Increase.
If a majority of the votes cast are in favor of increasing the school district's limit of
indebtedness, the limit is raised to ten percent of the assessed valuation of all taxable property
in the district.
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15.1-07-07. District's limit of indebtedness - Increase - Notification of county auditor.
If a majority of the votes cast are in favor of increasing the school district's limit of
indebtedness, the president of the school board and the school district business manager shall
inform the county auditor, in writing, of the election results and of the fact that the district's limit
of indebtedness has been increased to ten percent of the assessed valuation of all taxable
property in the district.
15.1-07-08. School district funds - Transfers.
At the time of preparing the annual budget, a school board, by resolution, may transfer from
the general fund of the district the amount of money, in whole or in part, by which the balance in
the general fund exceeds the amount that would be required for the general reserve fund in the
ensuing fiscal year, into any sinking funds of the district established and held for the payment of
outstanding bonds.
15.1-07-09. Sinking fund - Transfers - Increases.
If a school board transfers money into a sinking fund, the board may not consider the
money to be cash on hand when computing the budget for the ensuing fiscal year. A school
board may not through transfers increase a sinking fund to the extent that the sinking fund is
greater than the amount needed to pay the bond issue in full.
15.1-07-10. Activities fund.
The board of a school district shall establish an activities fund for the support of
school-related extracurricular activities. The school district business manager shall deposit all
receipts from extracurricular activities in the activities fund. The business manager shall submit
to the school board a monthly report of receipts, expenditures, and balances in the activities
fund.
15.1-07-11. Incidental revolving fund.
The board of a school district may establish a revolving fund from which to pay incidental
expenses. The board shall establish the amount to be retained in the incidental fund and must
draw the amount from the general fund of the district. The school district superintendent or
another school administrator designated to draw checks on the fund shall submit a monthly
report to the school board listing the checks drawn, the payee, and the purpose for which each
check was drawn.
15.1-07-12. Negotiable instruments - Disbursement of moneys by business manager.
1. a. The board of a school district may adopt policies governing the disbursement of
school district moneys by the business manager.
b. The policies adopted under subdivision a may include:
(1) The authorization, creation, and approval of negotiable instruments;
(2) The use of credit or debit cards;
(3) The payment of invoices;
(4) The use of petty cash;
(5) The use of electronic payments; and
(6) The use of facsimile signatures.
c. The policies adopted under subdivision a must include internal controls to
safeguard school district moneys.
2. If the board of a school district has not adopted policies to govern the disbursement of
school district moneys by the business manager, the business manager may disburse
moneys only by issuance of a negotiable instrument upon presentation of a bill or
invoice, the payment of which has been authorized by the president of the school
board, and only if there are sufficient moneys available for the disbursement. Upon
issuing a negotiable instrument, the business manager shall make a record of the
instrument.
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15.1-07-13. Negotiable instruments - Cancellation - Description in minutes.
The board of a school district, at a regular meeting, may cancel all negotiable instruments
that have remained unpaid for one year or more. Before canceling a negotiable instrument, the
board shall enter in its minutes a brief description of the instrument, including the name of the
payee, and the number, date, and amount of each instrument to be canceled. If any party
entitled to payment appears and shows cause for the delay in presenting the instrument for
payment, the board may issue a new instrument in the amount to which the party is entitled,
unless the board is barred from so doing by the statute of limitations.
15.1-07-14. Qualified elector.
1. An individual who is a qualified elector of this state may:
a. Vote to elect board members for the school district in which the individual resides;
b. Serve as a board member for the school district in which the individual resides;
and
c. Serve as a judge or clerk of election for the school district in which the individual
resides.
2. For the purposes of elections held under this chapter, an individual residing on a
military installation is deemed to be a resident of a school district if the school district
admits students from the military installation pursuant to a contract and receives
impact aid pursuant to Public Law No. 81-874 [64 Stat. 1100; 20 U.S.C. 236 et seq.],
as amended.
15.1-07-15. School district election - Violation - Penalty.
An individual who willfully violates the provisions of this title in relation to elections is guilty
of a class A misdemeanor.
15.1-07-16. New district - Enumeration.
The board of a school district organized after the annual enumeration has been taken shall
proceed immediately to take the enumeration, as provided by law, and after receipt of the
enumeration by the superintendent of public instruction, the newly organized district shall
receive its share of apportioned funds.
15.1-07-17. School district contracts - Conflict of interest - Penalty.
1. A school board member or other school officer who has a conflict of interest in any
contract requiring the expenditure of school funds shall disclose the conflict to the
board and may not participate in any discussions or votes regarding that contract
without the consent of all other board members.
2. For purposes of this section, a conflict of interest means the personal, professional, or
pecuniary interest of an individual, the individual's spouse or relative, or the individual's
business or professional associate.
3. Any person who violates this section is guilty of a class A misdemeanor.
15.1-07-18. Offer of reward - Purchase of school supplies - Penalty.
It is a class A misdemeanor for any person to give or offer to a county superintendent of
schools, a school board member, or a school district employee a commission, fee, or other
reward for the purchase by the district of any textbooks, furniture, or school supplies.
15.1-07-19. Reward for purchase of school supplies - Penalty.
It is a class B misdemeanor for a county superintendent of schools, a school board member,
or a school district employee to accept a commission, fee, or other reward for the purchase by
the district of any textbooks, furniture, or school supplies.
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15.1-07-20. School vehicle driver - Requirements.
1. a. Except as otherwise provided in this subsection, if an individual transports
students or other passengers in a school vehicle for which a commercial driver's
license is not required, the individual must:
(1) Hold a North Dakota driver's license;
(2) Be free from communicable diseases;
(3) Be in good physical health and have normal use of both hands, both feet,
both eyes, and both ears;
(4) Be of sound mental health;
(5) Pass any drug and alcohol screening tests required by the school board;
and
(6) Be at least twenty-one years of age, unless the board of a school district
determines that an individual not meeting this requirement can safely and
adequately perform the required duties.
b. If the vehicle being used to transport students or other passengers under this
subsection is a school vehicle for which a commercial driver's license is not
required, but which is designed to seat ten to fifteen passengers, the individual
must:
(1) Hold a North Dakota driver's license;
(2) Meet the physical and medical requirements established for commercial
vehicle drivers;
(3) Complete any annual training required by the superintendent of public
instruction; and
(4) Be at least twenty-one years of age, unless the board of a school district
determines that an individual not meeting this requirement can safely and
adequately perform the required duties.
2. a. The board of a school district may request, at any time, that a health care
professional designated by the board examine an individual to determine if the
individual meets the physical and medical requirements of subsection 1.
b. The health care professional conducting the examination shall forward any
charges to the individual's insurance carrier for payment. Any examination costs
that remain after application of the individual's insurance coverage are the
responsibility of the board.
15.1-07-20.1. School district business manager - Employment - Oversight - Reports to
board.
1. All decisions regarding the selection and employment of a school district business
manager and all decisions regarding the suspension and dismissal of a school district
business manager belong to the board of a school district, as set forth in section
15.1-09-33.
2. The board shall exercise administrative oversight with respect to the school district
business manager unless the board has established an alternate supervisory structure
that is clearly defined in the board's policy and is represented in the school district's
organizational chart, and through board action delegates to the superintendent
supervisory responsibility of the business manager's daily operations.
3. All financial reports, whether statutorily mandated or requested by the board, and
whether written or oral, must be personally presented to the board by the school
district business manager.
15.1-07-21. School district business manager - Duties.
The business manager of a school district shall:
1. Keep a true and accurate record of all school board proceedings.
2. Hold all books and records of the district and deliver them to the business manager's
successor in office.
3. Prepare and submit an annual report to the board and to the county superintendent of
schools.
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Authorize the preparation of all negotiable instruments as directed by the board.
Perform all duties required by law.
Perform duties required by the board.
Keep true and accurate district financial records.
Prepare and submit a school district financial report to the board quarterly or in the
case of a business manager for a district having only one-room or two-room schools,
to submit the report at the request of the board.
Produce all district financial records when directed to do so by the board.
Maintain custody of all district moneys coming into the business manager's hands.
Pay out district moneys under the business manager's control as directed by the
board.
Receive and maintain custody of all moneys to which the district or the board is
entitled.
15.1-07-22. School district business manager - Affirmation or oath of office.
Repealed by S.L. 2001, ch. 161, § 37.
15.1-07-23. School district business manager - Bond.
Any person serving as a school district business manager shall furnish to the school board
a bond in an amount to be fixed by the school board and equal to at least twenty-five percent of
the maximum amount of money subject to the business manager's control at any one time. The
bond must be conditioned for the faithful discharge of the business manager's duties, including
the maintenance of accurate financial records and the safekeeping and deliverance of all school
district property and funds that come into the business manager's control.
15.1-07-24. School district business manager - Funds - Accounting.
Unless otherwise provided by law, the business manager of a school district is responsible
for the safekeeping of all school district funds. The business manager shall keep a general
account of the district's receipts and expenditures and itemized accounts for each class of
receipts and expenditures, unless otherwise directed by the superintendent of public instruction.
15.1-07-25. School district records - Open - Exception.
1. Except as otherwise provided by law, all records and documents of a school district
are open to examination by any person. These records and documents, or copies
certified by the business manager, are prima facie evidence of the facts set forth in the
records and documents.
2. If a complaint is filed concerning a school district employee and an administrative
investigation is conducted, any record or document generated as part of the
administrative investigation is confidential and not subject to the requirements of this
section or section 44-04-18, until the investigation is completed. The investigation and
any determination of disciplinary action may not exceed sixty days from the date the
complaint is filed.
15.1-07-25.1. Student names and addresses - Authorized disclosure.
Notwithstanding section 44-04-18.13, and subject to any limitations on the disclosure of
directory information under title 34, Code of Federal Regulations, part 99, sections 31, 33, and
37, each high school shall provide to the North Dakota university system a list of all students
enrolled in grades ten and eleven as of April fifteenth of each year, together with the students'
addresses and telephone numbers. The North Dakota university system shall disclose this
information to each institution under the control of the state board of higher education and to
each nonpublic university and college in this state.
15.1-07-25.2. School district records - Retention.
1. A school district shall permanently retain the minutes of each school board meeting.
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Unless otherwise provided by law, a school district shall retain payroll records and
records of revenues and expenditures for a period of five years.
A school district may consult with the state archivist before disposing of records in
order to determine whether the records may have any archival value.
15.1-07-25.3. Protection of student data - School district policy.
1. The board of each school district shall adopt a policy regarding the protection of
student data.
2. The policy must require that permission be obtained from the board before any student
data is shared with an individual who is not a school district employee or shared with
any other entity. This provision does not apply to the sharing of data with a student's
parent or to the sharing of data, if required by law.
3. The policy must require the school district superintendent to compile:
a. A list of all individuals with whom, and entities with which, student data is shared;
and
b. A list, by title, of all school district personnel who have access to student data.
4. A school district shall make copies of the policy available upon request.
15.1-07-26. School district demographics - Long-term planning process.
1. Between January first and June thirtieth of every even-numbered year, the board of
each school district shall invite the public to participate in a planning process
addressing the effects that demographics might have on the district in the ensuing
three-year and five-year periods, and specifically addressing potential effects on:
a. Academic and extracurricular programs;
b. Instructional and administrative staffing;
c. Facility needs and utilization; and
d. District tax levies.
2. At the conclusion of the planning process, the board shall prepare a report, publish a
notice in the official newspaper of the district indicating that the report is available, and
make the report available upon request.
15.1-07-27. High school district - Change to elementary district - Prohibited.
1. Beginning July 2, 2003, a high school district may not become an elementary district.
2. Subsection 1 does not apply to school districts participating in cooperative agreements
approved by the superintendent of public instruction.
15.1-07-28. Educational association - Joint powers agreement - Review by
superintendent of public instruction - Criteria.
Repealed by S.L. 2007, ch. 163, § 58, and by S.L. 2007, ch. 162, § 18.
15.1-07-29. Ending fund balance - Amount.
1. The board of a school district may carry over moneys to the ensuing fiscal year to
meet the cash requirements of all funds or purposes to which the credit of the school
district may be legally extended.
2. For taxable years beginning after December 31, 2003, and ending on December 31,
2007, the amount carried over by a school district may not exceed fifty percent of the
current annual budget for all purposes other than debt retirement and amounts
financed from bond sources plus twenty thousand dollars.
3. For taxable years beginning after December 31, 2007, the amount carried over by a
school district may not exceed forty-five percent of the current annual budget for all
purposes other than debt retirement and amounts financed from bond sources plus
twenty thousand dollars.
15.1-07-30. Compensation - Reimbursement - Extraordinary service.
Repealed by S.L. 2007, ch. 162, § 18.
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15.1-07-31. Automated external defibrillators - Purchase and distribution.
The superintendent of public instruction shall purchase automated external defibrillators and
distribute the defibrillators to school districts in this state for placement in schools or at the site
of school-related activities.
15.1-07-32. Student performance strategist - Verification - Qualifications.
Each school district must have available one full-time equivalent student performance
strategist for every four hundred students in average daily membership in kindergarten through
grade three. Each school district shall submit documentation to the superintendent of public
instruction, at the time and in the manner directed by the superintendent, verifying the amount of
time that each student performance strategist expended in tutoring students on a one-to-one
basis or in groups ranging from two to five, or in providing instructional coaching to teachers.
For purposes of this section, a "student performance strategist" must:
1. a. Meet the qualifications of an elementary school teacher as set forth in section
15.1-18-07; or
b. Be licensed to teach or approved to teach by the education standards and
practices board and hold a special education endorsement or credential; and
2. Serve as a tutor or an instructional coach.
15.1-07-33. Student information system - Exemption.
1. Notwithstanding any other technology requirements imposed by the superintendent of
public instruction, the information technology department, or the North Dakota
educational technology council, each school district shall acquire PowerSchool
through the information technology department and use it as its principal student
information system.
2. The superintendent of public instruction may exempt a school district from having to
acquire and utilize PowerSchool if the school district demonstrates that, in accordance
with requirements of the bureau of Indian education, the district has acquired and is
utilizing a student information system that is determined to be comparable by the
superintendent.
15.1-07-34. Provision of youth mental health training to teachers, administrators, and
ancillary staff.
1. Once every two years, each school district shall provide a minimum of eight hours of
training on youth mental health to elementary, middle, and high school teachers and
administrators. Each school district shall encourage ancillary and support staff to
participate in the training. The training must include:
a. Understanding of the prevalence and impact of youth mental health disorders on
family structure, education, juvenile services, law enforcement, and health care
and treatment providers;
b. Knowledge of mental health symptoms, social stigmas, risks, and protective
factors; and
c. Awareness of referral sources and strategies for appropriate interventions.
2. Each school district shall report the outcome of the training to the department of public
instruction.
3. The superintendent of public instruction shall collaborate with regional education
associations to disseminate information, training materials, and notice of training
opportunities to school districts and nonpublic schools.
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