North Dakota HB 1376: AN ACT to amend and reenact sections 15-19-01, 15.1-07-25.4, 15.1-31-01, 15.1-31-06, 15.1-31-07, and 15.1-31-08 of the North Dakota Century Code, relating to virtual instruction of students and open enrollment.

Bill Text

Sixty-eighth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 3, 2023
HOUSE BILL NO. 1376
(Representatives Strinden, Meier, Monson, Pyle, Richter, Satrom, Schreiber-Beck)
(Senators Davison, Meyer)
AN ACT to amend and reenact sections 15-19-01, 15.1-07-25.4, 15.1-31-01, 15.1-31-06, 15.1-31-07,
and 15.1-31-08 of the North Dakota Century Code, relating to virtual instruction of students and
open enrollment.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15-19-01 of the North Dakota Century Code is amended and
reenacted as follows:
15-19-01. North Dakota center for distance education courses - Establishment - Enrollment
of students - Courses of instruction.
The state shall provide kindergarten through grade twelve courses, comprehensive educational
support, and high school diplomas through the center for distance education under the following
provisions:
1. A complete curriculum prescribed by state-mandated education accreditation entities which
meets the requirements for digital education the superintendent of public instruction has
determined to be appropriate.
2. A superintendent or an administrator of a school may deny the enrollment of a student in that
district at the center for distance education except as provided in subsection 5.
3. The center for distance education may provide services to persons who are not North Dakota
residents.
4.3. CenterA center for distance education studentsstudent's school district of residence shall pay
fees as may be prescribed by the state board for career and technical education.
5.4. Students exempt from the compulsory school attendance laws pursuant to subdivision e of
subsection 1 of section 15.1-20-02 may enroll in distance education courses offered through
the center for distance education. These students may study their center for distance
education lessons in their learning environment under the supervision of a parent.
SECTION 2. AMENDMENT. Section 15.1-07-25.4 of the North Dakota Century Code is amended
and reenacted as follows:
15.1-07-25.4. Virtual learning - School district policy - Report to legislative management and
legislative assembly.
1. The board of a school district or governing board of a nonpublic school that operates a
physical school plant may adopt a policy to allow students to engage in virtual instruction and
in the case of a school district, qualify for average daily membership in the district. A resident
school district may not deny open enrollment to an approved virtual school.
2. A student or a student's family member may not receive any item, service, or thing of value not
given in exchange for fair market consideration from a vendor providing instruction or support
under this section.

H. B. NO. 1376 - PAGE 2
3. The superintendent of public instruction shall adopt rules governing policies under this section.
A policy adopted by a school district under this section must comply with the rules adopted by
the superintendent of public instruction.
4. The superintendent of public instruction shall provide biennial reportsan annual report to either
the legislative management regardingor the legislative assembly. In odd - numbered years, the
report must be made to the legislative assembly. In even - numbered years, the report must be
made to the legislative management. The annual report must:
a. Contain a comparison of the academic performance metrics of students participating in
virtual instruction against students not participating in virtual instruction under this
section; and
b. Use the statewide prekindergarten through grade twelve strategic vision framework
goals.
5. If the superintendent of public instruction does not have access to academic performance
reports of a school district's virtual instruction subgroup because of the low group size, the
district shall provide the annual report required under this section for the district's comparison
data.
6. Students enrolled in an approved virtual school do not generate school district sized weighting
factors pursuant to section 15.1 - 27 - 03.2 .
SECTION 3. AMENDMENT. Section 15.1-31-01 of the North Dakota Century Code is amended and
reenacted as follows:
15.1-31-01. Open enrollment - Procedure.
1. By March first of the school year preceding the year of enrollment, a parent who wishes to
enroll a student in a North Dakota school district other than the student's district of residence
shall file an application for approval with the board of the admitting district and shall file a copy
of the application with the student's district of residence. The superintendent of public
instruction shall make the application forms available in each school district.
2. By April first of the school year preceding the year of enrollment, the board of the admitting
district shall approve or deny the application. The board of the admitting district shall notify the
board of the district of residence and the student's parent of its decisio