SB 2104 — Relating to review by the superintendent of public instruction of school district compliance with education-related state law; and to amend and reenact section 15.1‑02‑04 of the North Dakota Century Code, relating to school district compliance with education-related law and rule.

25.0488.0100225.0488.02000 Adopted by the Education Committee Title.02000 February 19, 2025 Sixty-ninth Legislative Assembly of North Dakota PROPOSEDFIRST AMENDMENTSENGROSSMENT TOENGROSSED SENATE BILL NO.

2104 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 lawlaw; and rule;

and to amend and reenact sectionssectionsection 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.

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1Shall 25.0488.01002direct Sixty-ninthschool Legislativedistrict Assemblyannexation, 8.reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education Page No.

Shall1 direct25.0488.02000 schoolSixty-ninth districtLegislative annexation,Assembly 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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2 25.0488.01002 Sixty-ninth Legislative Assembly 4.

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2 25.0488.02000 Sixty-ninth Legislative Assembly 6.

Shall providereview guidance to a school district to promoteverify compliance with education-education-related related state and federal law and themay rulesissue anda regulationscorrective ofaction. any applicable state or federal agency and shall publish the guidance on the department of public instruction's website.

12.SECTION 2.

Shall review a school district to verify compliance with education-related state law or rule or both and may issue guidance or withhold funding if a condition under subsection 1 of section 2 of this Act occursa corrective action.

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3 25.0488.01002 Sixty-ninth Legislative Assembly SECTION 2.

As used in this chapter, "education-related state law" means title 15.1, except chapterchapters 15.1-15 and 15.1-16, unless the law has an alternative statutory enforcement mechanism.

The superintendent of public instruction shallmaymay conduct a review of a school district to verify compliance with an education-related state law or rule or both upon:

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An3 exercise25.0488.02000 ofSixty-ninth discretionLegislative byAssembly thea. superintendent of public instruction, which may be prompted by a complaintan allegation of noncompliance submitted under subsection 57.

An exercise of discretion by the superintendent of public instruction, which may be prompted by an allegation of noncompliance submitted under subsection 7.

Receipt of a resolution passed by athethe majority of a board of a school district oralleging the state board of public school educationalleging noncompliance with an education-related state law.

RequestWrittenWritten request of a county superintendent of schools oralleging school district superintendentalleging noncompliance with an education-related state law.

2.3.3.

If the superintendent of public instruction determines a review is required under subsection 12,2, the superintendent of public instruction shall:

Notify the school district superintendent and the board of that school district of the proposedreview. review, stating the reasons for and the.

and (3) The anticipated scope and estimated timeline of the reviewreview. no later than ten days after a condition under subsection 1 occurs.

InvestigateRequestRequest information from the school district and review the information as necessary to obtain facts related to the matter.

No sooner than ten days after and no later than ninety days after the affectedschool partyschool district has been notified of athe proposedthe review:

Page(1) No.Issue a corrective action to the school district, including a timeline for compliance and suggested remedial steps to come into compliance;

4or 25.0488.01002(2) Sixty-ninth Legislative Assembly (1) Issue guidanceaa correctiveletter actionof compliance to the school district,district includingclosing athe timelinematter. for compliance and suggested remedial steps to become compliantcome into compliance;

or4. (2) CloseIssue a letter of compliance to the school district closing the matter and notify the affected party in writing.

3.4.

If the superintendent of public instruction issues guidance in a school year to a school district more than oncea school district fails to comply with a corrective action within thirty days after the issuance of a written warning, the superintendent of public instruction shallmay deductmay impose sanctions against the school district, including deducting up to 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 guidancecorrective lettercorrective action issued except the firstfirst. guidance letter.

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The4 school25.0488.02000 districtSixty-ninth mayLegislative respondAssembly to6. the superintendent of public instruction no later than ten days after receipt of the notice of proposed reviewrequest a hearing before the superintendent of public instruction if a written request is made within ten days after the receipt of the corrective action or sanction.

The school district may request a hearing before the superintendent of public instruction if a written request is made within ten days after the receipt of the corrective action or sanction.

5.7.7.

The superintendent of public instruction shall provide a form that a state resident may use to submit ainformation complaintinformation alleging noncompliance with an education-education-related related state law to the superintendent of public instruction regarding athethe school district'sdistrict failurewhere tothe complyresident withis education-relateda statequalified lawelector or ruledistrictthe school district where the Pageresident No.has a child enrolled.

5 25.0488.01002 Sixty-ninth Legislative Assembly resident is a qualified elector or the school district where the resident has a child enrolled.

SECTION 3.