SB 2104 — 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 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.

25.0488.0100025.0488.02000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED 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 lawlaw; and rule;

and to amend and reenact sectionssection 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.

Shall direct school district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board of public school education toPage carryNo. out its powers and duties regarding school district annexation, reorganization, and dissolution.

Page1 No.25.0488.02000 Sixty-ninth Legislative Assembly to carry out its powers and duties regarding school district annexation, reorganization, and dissolution.

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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.

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.

TheAs superintendentused ofin publicthis instructionchapter, shall"education-related conductstate alaw" reviewmeans oftitle a15.1, schoolexcept districtchapters to15.1-15 verifyand compliance15.1-16, withunless education-relatedthe state law orhas rulean oralternative bothstatutory upon:enforcement mechanism.

2.

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

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An exercise of discretion by the superintendent of public instruction, which may be prompted by aan complaintallegation of noncompliance submitted under subsection 5.7.

Receipt of a resolution passed by athe majority of a board of a school district oralleging thenoncompliance statewith boardan ofeducation-related publicstate schoollaw. education.

RequestWritten request of a county superintendent of schools oralleging schoolnoncompliance districtwith superintendent.an education-related state law.

2.3.

If the superintendent of public instruction determines a review is required under subsection 1,2, 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 anticipated scope of the review no later than ten days after a condition under subsection 1 occurs.

The notification must include:

(1) A description of the alleged noncompliance;

(2) A copy of any documentation submitted to the superintendent of public instruction under subsection 2 alleging the noncompliance;

and (3) The anticipated scope and estimated timeline of the review.

InvestigateRequest 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 partydistrict has been notified of athe proposed review:

(1) Issue guidance,a corrective action to the school district, including a timeline for compliance and suggested remedial steps to becomecome compliant;into compliance;

or (2) CloseIssue thea matterletter andof notifycompliance to the affectedschool partydistrict inclosing writing.the matter.

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.

TheIf a school district mayfails respond to comply with a corrective action, the superintendent of public instruction nomay laterissue thana tenwritten dayswarning afterto receipt of the noticeschool ofdistrict. proposed review.

If the school district is not in compliance within thirty days after the issuance of a written warning, the superintendent of public instruction may impose sanctions pursuant to subsection 5.

TheIf superintendenta ofschool publicdistrict instructionfails shallto providecomply with a formcorrective thataction awithin statethirty residentdays mayafter usethe toissuance submitof a complaintwritten towarning, the superintendent of public instruction regardingmay aimpose sanctions against the school district'sdistrict, failureincluding deducting up to complytwo withpercent education-relatedof the total state lawpayments orto rule.which a school district is entitled for that school year from the subsequent payment distribution under section 15.1-27-01 for each corrective action issued except the first.

SECTION 3.

AMENDMENT.

Section 15.1-14-01 of the North Dakota Century Code is amended and reenacted as follows:

15.1-14-01.