# Title 67 — Public Instruction, Superintendent of

## Article 67-30 — Virtual Learning

## Chapter 67-30-01 — Virtual Learning Because of Weather or Other Conditions

### § 67-30-01-01. Definitions.

As used in this chapter:
1. "Cancel hours of instruction" means that a school district or nonpublic school has decided not
to hold in-person instruction for all or part of a previously scheduled school day. This may
include one or more students not being able to attend school due to extenuating
circumstances because of weather or other conditions.
2. "Virtual instruction" means teaching and learning that takes place remotely and can be
synchronous or asynchronous.
3. "Weather or other conditions" means inclement weather, other unforeseen circumstances that
render the school building unusable or inaccessible, or other conditions that temporarily
warrant remote instruction.
History: Effective January 1, 2022.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4
### § 67-30-01-02. Local policy.

If the board of a school district or governing board of a nonpublic school that operates a physical
plant chooses to provide virtual instruction when the decision is made to cancel hours of instruction
because of weather or other conditions, that board shall adopt a local policy to define those
procedures. Instruction under this chapter is limited to nine calendar weeks. If, due to extenuating
circumstances because of weather or other conditions, the building closure lasts longer than nine
calendar weeks, the school district or nonpublic school shall contact the department of public
instruction to request an extension.
History: Effective January 1, 2022.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4, 15.1-27-23
### § 67-30-01-03. Average daily membership payments.

1. In order to receive average daily membership payments for days covered under this chapter,
school districts shall provide virtual instruction based on the policy approved by the local
school board or governing board of a nonpublic school.

2. The school district shall determine the method of virtual instruction provided to students on
days of virtual instruction when the decision is made to cancel hours of instruction because of
weather or other conditions.
History: Effective January 1, 2022.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4, 15.1-27-23
### § 67-30-01-04. Reporting days of virtual learning under this chapter.

At the conclusion of each school year, the school district or nonpublic school shall report in the
manner required by the superintendent of public instruction the days in which virtual instruction was
provided under this chapter.
History: Effective January 1, 2022.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 15.1-06-04, 15.1-07-25.4
