# Title 67 — Public Instruction, Superintendent of

## Article 67-33 — Interim Assessment

## Chapter 67-33-01 — State-Approved Interim Assessment List

### § 67-33-01-01. Definitions.

1. "State-approved list", for purposes of this chapter, means a list of vendors who administer
interim assessments and meet the selection and approval criteria created by the
superintendent of public instruction.
2. "Interim assessment" means assessments administered during instruction to evaluate
students' knowledge and skills relative to North Dakota educational content standards to
inform policymaker or educator decisions at the classroom, school, or district level.
History: Effective October 1, 2023.
General Authority: NDCC 15.1-21-17.1, 28-32-02
Law Implemented: NDCC 15.1-21-17.1
### § 67-33-01-02. Selection and approval criteria.

Any interim assessment vendor serving public school districts must meet the following criteria to be
selected as a state-approved interim assessment vendor and placed on the state-approved interim
assessment list. It is a shared responsibility between the interim assessment vendor and the school
district to ensure that all kindergarten through tenth grade interim assessment data are being shared
with the statewide longitudinal data system.
1. Interim assessment vendors must electronically share assessment data with the statewide
longitudinal data system within thirty days of administering the assessments and in a format
compatible with the statewide longitudinal data system. Interim assessment data sharing can
occur in two different ways:
a. The vendor shares a statewide file with the state for use in the statewide longitudinal
data system that consists of all school districts in the state that they serve. The data-
sharing agreement would allow access to that school district's portion of the state file.
b. The vendor shares individual school district files with the state for use in the statewide
longitudinal data system.
2. Interim assessment vendors must disclose if any large-scale student data breaches, related to
their interim assessment products, have taken place in the previous three years. If there has
been a large-scale data breach in the previous three years, the interim assessment vendor
must explain the severity, number of students involved, and if any North Dakota schools or
students were involved.
3. The interim assessment vendor must adhere to all state and federal student data privacy laws.

4. Interim assessment vendors must make training and support available to school districts on
how to administer interim assessments.
5. Interim assessment vendors must publicly share their process and timeline to update and
improve their interim assessment. Information to be shared includes a psychometric review for
validity and reliability, by the vendor or outside evaluator, in relation to the North Dakota
educational content standards.
History: Effective October 1, 2023.
General Authority: NDCC 15.1-21-17.1, 28-32-02
Law Implemented: NDCC 15.1-21-17.1
### § 67-33-01-03. Selection and approval process.

Data-sharing agreements between the school district, vendor, and statewide longitudinal data
system must be in place. This must occur to ensure compliance with subsection 4 of North Dakota
Century Code section 15.1-21-17.1. It is the responsibility of the school district to ensure an updated
data-sharing agreement is in place. An interim assessment vendor must follow the process described in
this section to be considered for placement on the state-approved list:
1. Contact the North Dakota department of public instruction to retrieve the approval form that
interim assessment vendors must complete. This approval form will also be available on the
department's website.
2. Complete the approval form. The approval form will:
a. Include assurances for items listed under section 67-33-01-02.
b. Require a signature from someone with vendor signature authority.
c. Require contact information to be shared with the department.
3. Submit the approval form via the instructions on the form itself. The department of public
instruction will then review the approval form and inform the vendor of its status within thirty
days.
History: Effective October 1, 2023.
General Authority: NDCC 15.1-21-17.1, 28-32-02
Law Implemented: NDCC 15.1-21-17.1
### § 67-33-01-04. List creation, maintenance, and tracking.

When interim assessment vendors are approved they will be added to the state-approved interim
assessment list. The list will be created and maintained by the department of public instruction and will
be available on the department's website and available to be shared upon request. The superintendent
of public instruction has the authority to remove vendors if they are not in compliance with the criteria in
this chapter. The department of public instruction and the North Dakota information technology
department will work together to track school districts and interim assessment vendors who are and are
not in compliance with this chapter. The state will provide feedback to the interim assessment vendors
about data-sharing agreements and the usefulness of the interim assessment data. If data are found to
be of little value or low quality, the superintendent of public instruction has the authority to remove
vendors from the list.
History: Effective October 1, 2023.
General Authority: NDCC 15.1-21-17.1, 28-32-02
Law Implemented: NDCC 15.1-21-17.1
