# Title 15.1 — Elementary and Secondary Education

## Chapter 15.1-06 — Schools

### § 15.1-06-01. Schools free and accessible - School ages.

1. Each public school must be free, open, and accessible at all times to any child
provided:
a. The child may not enroll in grade one unless the child reaches the age of six
before August first of the year of enrollment;
b. The child may not enroll in kindergarten unless the child reaches the age of five
before August first of the year of enrollment; and
c. The child has not reached the age of twenty-one before August first of the year of
enrollment.
2. Notwithstanding subsection 1, a school district may not enroll in grade one a child who
is not six years old before August first, unless the child will be six years old before
December first and:
a. The child, by means of developmental and readiness screening instruments
approved by the superintendent of public instruction and administered by the
school district, can demonstrate academic, social, and emotional readiness; or
b. The child has completed an approved kindergarten program.
3. Notwithstanding subsection 1, a school district may not enroll in kindergarten a child
who is not five years old before August first unless the child will be five years old
before December first and the child, by means of developmental and readiness
screening instruments approved by the superintendent of public instruction and
administered by the school district, can demonstrate superior academic talents or
abilities and social and emotional readiness.
4. The requirements of this section are not applicable to the children of military families,
to the extent that the requirements conflict with enrollment provisions otherwise agreed
to by the state in the compact on educational opportunity for military children.
### § 15.1-06-02. School holidays.

1. Schools may not be in session on the following holidays:
a. Any Sunday.
b. New Year's Day, the first day of January.
c. Good Friday, the Friday preceding Easter Sunday.
d. Memorial Day, the last Monday in May.
e. The anniversary of the Declaration of Independence, the fourth day of July.
f. Labor Day, the first Monday in September.
g. Veteran's Day, the eleventh day of November.
h. Thanksgiving Day, the fourth Thursday in November.
i. Christmas Day, the twenty-fifth day of December.
j. Any day declared to be a public holiday by the President of the United States or
the governor.
2. Notwithstanding the provisions of subsection 1, if the first day of January, the fourth
day of July, the eleventh day of November, or the twenty-fifth day of December is a
Sunday, the school district shall observe the holiday on the following Monday.
3. Notwithstanding the provisions of subsection 1, if the eleventh day of November is a
Saturday, the school district shall observe the holiday on the preceding Friday.
4. The board of a school district may direct that classes not be held on the day of a
statewide election if the school is used as a polling place on that day.
### § 15.1-06-03. School year - Definition.

The school year begins on July first and ends on June thirtieth the following year.
### § 15.1-06-04. School calendar - Length.

1. A school district shall provide for a school calendar that includes:

a. At least nine hundred sixty-two and one-half hours of instruction for elementary
school students and one thousand fifty hours of instruction for middle and high
school students;
b. Three holidays, as selected by the board in consultation with district teachers
from the list provided for in subdivisions b through j of subsection 1 of section
15.1-06-02;
c. No more than two days for:
(1) Parent-teacher conferences; or
(2) Compensatory time for parent-teacher conferences held outside of regular
school hours; and
d. At least three days of professional development not including meals or breaks.
2. For the first three days of professional development required under subdivision d of
subsection 1, a day of professional development must consist of:
a. Six hours of professional development, exclusive of meals and other breaks,
conducted within a single day;
b. Six hours of cumulative professional development conducted under the auspices
of a professional learning community; or
c. Two four-hour periods of professional development, exclusive of meals and other
breaks, conducted over two days.
3. If because of weather or other conditions a school must cancel hours of instruction or
dismiss before completing all hours of instruction for the day, the school is responsible
for making up only those hours and portions of an hour between the time of
cancellation or early dismissal and the conclusion of all hours of classroom instruction
for the day if the dismissal will result in the school failing to meet the requirements of
subdivision a of subsection 1. A school district may satisfy the requirements of this
section by providing virtual instruction pursuant to section 15.1-07-25.4.
4. For purposes of this section, a full day of instruction at a physical school plant consists
of:
a. At least five and one-half hours for kindergarten and elementary students, during
which time the students are required to be in attendance for the purpose of
receiving curricular instruction; and
b. At least six hours for high school students, during which time the students are
required to be in attendance for the purpose of receiving curricular instruction.
5. If a school district intends to operate under a school calendar that consists of four days
of instruction per week, the school district shall apply and be approved for a waiver by
the superintendent of public instruction.
6. If a school district intends to provide virtual instruction, the instruction must comply
with the requirements under subsection 4. The attendance of students participating in
virtual instruction must be verified by monitoring the student's progress on academic
pacing guides developed by the school district to ensure students are in attendance
and receiving sufficient curricular instruction, as defined in rules adopted by the
superintendent of public instruction.
### § 15.1-06-04.1. School district calendar - Limitation.

Repealed by S.L. 2021, ch. 142, § 1.
### § 15.1-06-05. Instructional days - Reconfiguration - Application.

Repealed by S.L. 2019, ch. 149, § 19.
### § 15.1-06-06. Approval of public schools.

(Effective through June 30, 2026)
1. To obtain certification that a public school is approved, the superintendent of the
district in which the school is located shall submit to the superintendent of public
instruction a compliance report verifying that:

a. Each classroom teacher is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board;
b. Each classroom teacher is teaching only in those course areas or fields for which
the teacher is licensed or for which the teacher has received an exception under
section 15.1-09-57;
c. The school meets all curricular requirements set forth in chapter 15.1-21;
d. The school participates in and meets the requirements of a review process that
is:
(1) Designed to improve student achievement through a continuous cycle of
improvement; and
(2) Approved by the superintendent of public instruction;
e. The physical school plant has been inspected by the state fire marshal or the
state fire marshal's designee in accordance with section 15.1-06-09 and:
(1) Has no unremedied deficiency; or
(2) Has deficiencies that have been addressed in a plan of correction which
was submitted to and approved by the state fire marshal or the state fire
marshal's designee;
f. All individuals hired after June 30, 2011, and having unsupervised contact with
students at the school, have:
(1) Undergone a criminal history background check requested by the employing
school district; or
(2) Undergone a criminal history background check in order to be licensed by
the education standards and practices board or by any other state licensing
board; and
g. The school uses North Dakota eTranscripts, or an alternative information system
designated by the information technology department in collaboration with the
superintendent of public instruction, to generate official transcripts.
2. The compliance report required by subsection 1 must:
a. Be signed by the school principal and the superintendent of the school district;
b. Be formally approved by the board of the school district; and
c. Be filed with the superintendent of public instruction before five p.m. on the:
(1) First day of October; or
(2) The date of the extension provided under subsection 6.
3. On the tenth day of September and on the twenty-fifth day of September, the
superintendent of public instruction shall provide to each school principal, school
district superintendent, and school board member, electronic notification that the
compliance report is due on the first day of October.
4. If a school's compliance report is not submitted at the time and in the manner required
by subsection 2, the superintendent of public instruction shall designate the school as
unapproved. No later than thirty days after the date on which a school's compliance
report is due, in accordance with subsection 2, the superintendent of public instruction
shall post a notice on the department's website, indicating whether a school is
approved or unapproved.
5. If a public school does not meet the approval requirements of this section, the
superintendent of public instruction shall:
a. Notify the parents of students enrolled in the school, either directly or through the
local media outlets, that the school is unapproved; and
b. Subtract from any state aid otherwise payable to the school district the prorated
amount attributable to the students in attendance at the unapproved school for
each day that the school's compliance report is not on file with the superintendent
of public instruction.
6. If because of unforeseen or other extenuating circumstances a school district
superintendent is unable to file a school's compliance report with the superintendent of
public instruction before five p.m. on October first, the school district superintendent
may request one extension from the superintendent of public instruction. The

superintendent of public instruction shall grant the extension provided the request was
received before five p.m. on October first. An extension under this section terminates
at five p.m. on October fifteenth.
7. Upon receipt of a school's compliance report, as required by this section, the
superintendent of public instruction shall certify the school as being approved. A
certification of approval under this subsection expires at the conclusion of the regular
school calendar.
8. If after being certified as approved a school experiences circumstances or events that
would render the information contained in its compliance report inaccurate, the
superintendent of the school district in which the school is located shall notify the
superintendent of public instruction and work with the superintendent of public
instruction to address the circumstances or events at the earliest possible time.
9. If a school district does not employ a superintendent, the duties required of a school
district superintendent by this section must be performed as provided for in chapter
15.1-11.
Approval of public schools. (Effective after June 30, 2026)
1. To obtain certification that a public school is approved, the superintendent of the
district in which the school is located shall submit to the superintendent of public
instruction a compliance report verifying that:
a. Each classroom teacher is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board;
b. Each classroom teacher is teaching only in those course areas or fields for which
the teacher is licensed or for which the teacher has received an exception under
section 15.1-09-57;
c. The school meets all curricular requirements set forth in chapter 15.1-21;
d. The school participates in and meets the requirements of a review process that
is:
(1) Designed to improve student achievement through a continuous cycle of
improvement; and
(2) Approved by the superintendent of public instruction;
e. The physical school plant has been inspected by the state fire marshal or the
state fire marshal's designee in accordance with section 15.1-06-09 and:
(1) Has no unremedied deficiency; or
(2) Has deficiencies that have been addressed in a plan of correction which
was submitted to and approved by the state fire marshal or the state fire
marshal's designee;
f. All individuals hired after June 30, 2011, and having unsupervised contact with
students at the school, have:
(1) Undergone a criminal history background check requested by the employing
school district; or
(2) Undergone a criminal history background check in order to be licensed by
the education standards and practices board or by any other state licensing
board; and
g. The school uses North Dakota eTranscripts, or an alternative information system
designated by the information technology department in collaboration with the
superintendent of public instruction, to generate official transcripts.
h. The school executed a data sharing agreement with the department under
sections 15.1-07-25.3 and 15.1-07-33.
2. The compliance report required by subsection 1 must:
a. Be signed by the school principal and the superintendent of the school district;
b. Be formally approved by the board of the school district; and
c. Be filed with the superintendent of public instruction before five p.m. on the:
(1) First day of October; or
(2) The date of the extension provided under subsection 6.

3. On the tenth day of September and on the twenty-fifth day of September, the
superintendent of public instruction shall provide to each school principal, school
district superintendent, and school board member, electronic notification that the
compliance report is due on the first day of October.
4. If a school's compliance report is not submitted at the time and in the manner required
by subsection 2, the superintendent of public instruction shall designate the school as
unapproved. No later than thirty days after the date on which a school's compliance
report is due, in accordance with subsection 2, the superintendent of public instruction
shall post a notice on the department's website, indicating whether a school is
approved or unapproved.
5. If a public school does not meet the approval requirements of this section, the
superintendent of public instruction shall:
a. Notify the parents of students enrolled in the school, either directly or through the
local media outlets, that the school is unapproved; and
b. Subtract from any state aid otherwise payable to the school district the prorated
amount attributable to the students in attendance at the unapproved school for
each day that the school's compliance report is not on file with the superintendent
of public instruction.
6. If because of unforeseen or other extenuating circumstances a school district
superintendent is unable to file a school's compliance report with the superintendent of
public instruction before five p.m. on October first, the school district superintendent
may request one extension from the superintendent of public instruction. The
superintendent of public instruction shall grant the extension provided the request was
received before five p.m. on October first. An extension under this section terminates
at five p.m. on October fifteenth.
7. Upon receipt of a school's compliance report, as required by this section, the
superintendent of public instruction shall certify the school as being approved. A
certification of approval under this subsection expires at the conclusion of the regular
school calendar.
8. If after being certified as approved a school experiences circumstances or events that
would render the information contained in its compliance report inaccurate, the
superintendent of the school district in which the school is located shall notify the
superintendent of public instruction and work with the superintendent of public
instruction to address the circumstances or events at the earliest possible time.
9. If a school district does not employ a superintendent, the duties required of a school
district superintendent by this section must be performed as provided for in chapter
15.1-11.
### § 15.1-06-06.1. Approval of nonpublic schools.

1. In order to obtain certification that a nonpublic school is approved, the administrator of
a nonpublic school shall submit to the superintendent of public instruction a
compliance report verifying that:
a. Each classroom teacher is licensed to teach by the education standards and
practices board or approved to teach by the education standards and practices
board;
b. Each classroom teacher is teaching only in those course areas or fields for which
the teacher is licensed or for which the teacher has received an exception under
section 15.1-09-57;
c. The school meets all curricular requirements set forth in chapter 15.1-21;
d. The school has been inspected by the state fire marshal or the state fire
marshal's designee in accordance with section 15.1-06-10 and:
(1) Has no unremedied deficiency; or
(2) Has deficiencies that have been addressed in a plan of correction which
was submitted to and approved by the state fire marshal or the state fire
marshal's designee; and

e. All individuals hired after June 30, 2011, and having unsupervised contact with
students at the school, have:
(1) Undergone a criminal history background check requested on behalf of the
employing school; or
(2) Undergone a criminal history background check in order to be licensed by
the education standards and practices board or by any other state licensing
board.
2. The compliance report required by subsection 1 must:
a. Be signed by the school administrator;
b. Be formally approved by the governing board of the school; and
c. Be filed with the superintendent of public instruction before five p.m. on:
(1) The first day of October; or
(2) The date of the extension provided under subsection 5.
3. On the tenth day of September and on the twenty-fifth day of September, the
superintendent of public instruction shall provide to each school administrator and
member of the governing board, electronic notification that the compliance report is
due on the first day of October.
4. If a nonpublic school's compliance report is not submitted at the time and in the
manner required by subsection 2, the superintendent of public instruction shall
designate the school as unapproved. No later than thirty days after the date on which
a school's compliance report is due, in accordance with subsection 2, the
superintendent of public instruction shall post a notice on the department's website,
indicating whether a nonpublic school is approved or unapproved.
5. If a nonpublic school does not meet the approval requirements of this section, the
superintendent of public instruction shall notify the parents of students enrolled in the
school, either directly or through the local media outlets, that the school is unapproved
and that the parents may be in violation of the state's compulsory attendance
provisions.
6. If because of unforeseen or other extenuating circumstances the administrator of a
nonpublic school is unable to file the school's compliance report with the
superintendent of public instruction before five p.m. on October first, the school
administrator may request one extension from the superintendent of public instruction.
The superintendent of public instruction shall grant the extension provided the request
was received before five p.m. on October first. An extension under this section
terminates at five p.m. on October fifteenth.
7. Upon receipt of a nonpublic school's compliance report, as required by this section, the
superintendent of public instruction shall certify the school as being approved. A
certification of approval under this subsection expires at the conclusion of the regular
school calendar.
8. If after being certified as approved a nonpublic school experiences circumstances or
events that would render the information contained in its compliance report inaccurate,
the administrator of the nonpublic school shall notify the superintendent of public
instruction and work with the superintendent of public instruction to address the
circumstances or events at the earliest possible time.
### § 15.1-06-06.2. Compliance report - Impossibility of timely submission.

The superintendent of public instruction may delay imposing the sanctions set forth in
section 15.1-06-06 in the case of a public school and may delay imposing the sanctions set forth
in section 15.1-06-06.1 in the case of a nonpublic school, until a time certain, if:
1. The required submission of a school's compliance report is an impossibility due to:
a. A natural disaster or act of God, including fire, earthquake, or tornado;
b. An unauthorized or illegal act by a third party, including terrorism, sabotage, riot,
or vandalism;
c. Death;
d. A medical or personal emergency;

e. Operational interruption, including electrical failure, and computer hardware or
software failures; or
f. Governmental action, including an emergency order or judicial or law
enforcement action; and
2. The superintendent of public instruction determines that the report, had it been
submitted, would have demonstrated compliance with the approval requirements of
section 15.1-06-06 in the case of a public school and compliance with the approval
requirements of section 15.1-06-06.1 in the case of a nonpublic school.
### § 15.1-06-06.3. Required records - Verification of information - Site visits.

1. The superintendent of public instruction shall notify each school and school district of
the records that must be maintained in order to allow the superintendent of public
instruction to verify the information contained in each compliance report. The
superintendent of public instruction shall establish the length of time that the records
must be maintained.
2. a. The superintendent of public instruction may examine the records of any public
school at any time and may conduct site visits to ensure the accuracy of
information provided on the compliance report. The site visits may be scheduled
or unscheduled.
b. The superintendent of public instruction may examine the records of any
nonpublic school upon request.
### § 15.1-06-07. Nonpublic high schools - Approval criteria.

The superintendent of public instruction shall approve any nonpublic high school having an
enrollment of fifty students or fewer, provided:
1. The school meets all statutory requirements regarding the subjects to be taught, the
length of the school year, and health, fire, and safety standards;
2. If the school uses telecommunications or other electronic means to deliver curricular
programs, the programs are prepared by individuals holding at least baccalaureate
degrees and delivered in the presence of an individual who holds a North Dakota
professional teaching license or who meets or exceeds the average cutoff scores of
states that have normed the national teacher's examination;
3. The school employs at least one state-licensed high school teacher to serve in a
supervisory capacity for each twenty-five students;
4. The average composite scholastic achievement test scores of students enrolled in the
school or the students' scores achieved on comparable standardized tests meet or
exceed the national average test scores; and
5. The school and its employees are governed by a board of directors that includes
parental representation.
### § 15.1-06-08. Rules for school accreditation - Waiver.

1. A school or school district may apply to the superintendent of public instruction for a
waiver of any rule governing the accreditation of schools, provided the waiver:
a. Encourages innovation; and
b. Has the potential to result in improved educational opportunities or enhanced
academic opportunities for the students.
2. The initial waiver must be for a specific period of time, but may not exceed one year. A
school or a school district for which a waiver has been approved under this section
may apply for one extension of the waiver. The extension may not exceed one year.
3. If the superintendent of public instruction, after receipt and consideration of an
application for a waiver of a rule governing the accreditation of schools under this
section approves the waiver, the superintendent shall file a report with the legislative
council. The report must cite the accreditation rule that was waived, provide a detailed
account of the reasons for which the rule was waived, and state the time period for
which the rule was waived. If the superintendent of public instruction denies an

application for a waiver under this section, the superintendent shall file a notice of
denial with the legislative council. If requested, the superintendent shall appear and
respond to questions regarding the approval or denial of any application for a waiver.
4. Any waiver granted by the superintendent of public instruction prior to August 1, 2001,
is void as of August 1, 2001. Any school or school district operating under a waiver
granted by the superintendent prior to August 1, 2001, may apply for a new waiver
under this section.
### § 15.1-06-08.1. Statutes - Waiver.

1. The superintendent of public instruction may not waive any statute, in whole or in part,
except as provided for in this section.
2. A school or school district may apply to the superintendent of public instruction for a
waiver of chapters 15-20.1, 15.1-06, 15.1-18, 15.1-20, 15.1-21, 15.1-22, 15.1-25,
15.1-32, and 15.1-38, or any associated rules, if the waiver:
a. Improves the delivery of education;
b. Improves the administration of education;
c. Provides increased educational opportunities for students; or
d. Improves the academic success of students.
3. The initial waiver must be for a specific period of time but may not exceed one year.
The school district may apply for extensions of the waiver. The first extension may not
exceed a period of one year. Additional extensions may not exceed periods of two
years.
4. If the superintendent of public instruction, after receipt and consideration of an
application for a waiver under this section, approves the waiver, the superintendent
shall file a report with the legislative management. The report must provide a detailed
account of the reasons for which the waiver was granted and the specific time period
for the waiver. If the superintendent of public instruction denies an application for a
waiver under this section, the superintendent shall file a notice of denial with the
legislative management. If requested, the superintendent shall appear and respond to
questions regarding the approval or denial of any application for a waiver under this
section.
5. The superintendent of public instruction shall adopt rules governing the submission
and evaluation of applications and the monitoring of any school or school district that
receives a waiver under this section.
### § 15.1-06-08.2. Innovative education program - Participation - Reports to legislative

management.
1. The superintendent of public instruction shall adopt rules to administer this section and
develop criteria for the submission, approval, and evaluation of the proposals and
plans under this section.
2. The superintendent of public instruction may accept a proposal from any public or
nonpublic school, upon approval by the school board or governing board, for
participation in an innovative education program. The proposal must include evaluation
criteria and specify the innovations to be pursued at the school or school district level
and the manner in which the proposal will:
a. Improve the delivery of education;
b. Improve the administration of education;
c. Provide increased educational opportunities for students; or
d. Improve the academic success of students.
3. The superintendent of public instruction may approve the proposal, reject the proposal,
or work with the submitting school to modify the proposal.
4. During the school's initial year of participation in the innovative education program, the
school shall develop a comprehensive implementation plan and work with the
superintendent of public instruction to ensure the long-term viability of the proposal.
5. The superintendent of public instruction may approve the comprehensive
implementation plan developed under subsection 4 for a period of up to five years. If,

due to a change in circumstances, there is a determination by either the school or the
superintendent of public instruction that modifications to the comprehensive
implementation plan are necessary, the school and the superintendent of public
instruction shall work with each other to achieve the necessary modifications.
6. The superintendent of public instruction may revoke any waiver granted under section
failed to perform in accordance with the agreed upon terms of the program or failed to
meet the requirements of this section.
7. Any school participating in the program shall provide program evaluation data to the
superintendent of public instruction at the time and in the manner requested by the
superintendent of public instruction.
8. The superintendent of public instruction shall provide annual reports to the legislative
management regarding the innovative education program, including:
a. The status of the implementation plan;
b. A summary of any waived statutes or rules; and
c. A review of evaluation data results.
### § 15.1-06-09. Inspection of public schools - Submission of inspection report -

Correction of deficiencies.
1. The state fire marshal or the state fire marshal's designee shall inspect each public
school in this state at least once every three years, prepare an inspection report, and
provide copies of the report to the superintendent of the school district and the
superintendent of public instruction.
2. a. If a deficiency is noted, the superintendent of the school district shall submit a
plan of correction to the state fire marshal or the state fire marshal's designee
and shall remedy the deficiency within a time period acceptable to the state fire
marshal or the state fire marshal's designee and the school board affected by the
deficiency, but not later than the next budget period.
b. If the report discloses an imminent fire hazard, the state fire marshal or the state
fire marshal's designee shall immediately notify the school board, the school
district superintendent, and the superintendent of public instruction. Upon a
recommendation of immediate closure by the superintendent of public instruction,
the school board and the school district superintendent may immediately close
some or all of the school until the fire hazard is eliminated. In the case of a
closure, the school district superintendent shall cooperate with the superintendent
of public instruction to make adequate arrangements for the interim education of
all affected students.
### § 15.1-06-10. Inspection of nonpublic schools - Submission of inspection report -

Correction of deficiencies.
1. The state fire marshal or the state fire marshal's designee shall inspect each nonpublic
school in this state at least once every three years, prepare an inspection report, and
provide copies of the report to the administrator of the school and the superintendent
of public instruction.
2. a. If a deficiency is noted, the administrator of the school shall submit a plan of
correction to the state fire marshal or the state fire marshal's designee and shall
remedy the deficiency within a time period acceptable to the state fire marshal or
the state fire marshal's designee.
b. If the report discloses an imminent fire hazard, the state fire marshal or the state
fire marshal's designee shall immediately notify the administrator of the school
and the superintendent of public instruction. Upon a recommendation of
immediate closure by the superintendent of public instruction, the administrator
may immediately close some or all of the school until the fire hazard is eliminated.
In the case of a closure, the administrator shall cooperate with the superintendent
of public instruction to make adequate arrangements for the interim education of
all affected students.

### § 15.1-06-11. Exit doors - Free of obstructions.

A school principal shall ensure that, during all hours students are in school, any door or
doorway that could be used as an exit in case of fire or other emergency remains free of all
obstruction and free of any device or mechanism which may impede immediate egress through
the door or doorway. This section does not include doors that provide access solely to private
offices, supply rooms, or storage rooms.
### § 15.1-06-12. Emergency and disaster drills - Implementation.

Each public and nonpublic school shall conduct fire, tornado, and other emergency or
disaster drills, including lockdown drills.
### § 15.1-06-13. Schools - Compliance with health, safety, and sanitation requirements.

The superintendent of each school district shall ensure that the physical school plants in the
district comply with all health, safety, and sanitation requirements.
### § 15.1-06-14. Use of schools for purposes other than education.

The board of a school district may permit the district's schools and facilities to be used for
purposes other than the education of students, provided the usage does not interfere with the
education of students. The board may impose restrictions on the usage provided the restrictions
are nondiscriminatory and may impose a charge for the usage.
### § 15.1-06-14.1. Patriotic society - Permission to speak to students at public schools.

1. For purposes of this section, "youth patriotic society" means a youth group that
promotes patriotism, civic education, and civic involvement, listed under title 36, United
States Code, subtitle II, part B, as of January 1, 2021.
2. Representatives of a youth patriotic society must be allowed to speak to students
during regular school hours at each public school in the state during the first quarter of
each academic school year to inform the students about the society and to explain
how students may participate in or join the society. The youth patriotic society shall
provide the school principal with notice of the society's intent to speak to the students.
A school principal may designate the time, place, and manner in which representatives
of a youth patriotic society are allowed to speak to students.
### § 15.1-06-15. Solicitations and sales in schools - Permission required - Accounting for

proceeds - Penalty.
1. No person may sell, solicit for sale, or advertise the sale of any merchandise, product,
or service on school premises, or organize students for any such purpose, without first
obtaining the permission of the school board, the school district superintendent, or the
school principal. This section does not apply to a student or school district employee
who sells or attempts to sell a single item of personal property or a limited number of
personal property items.
2. The proceeds of any sale, by students or student groups, made for school activities
must be accounted for to the school board not more than thirty days after the sale.
3. Any person who violates any provision of this section is guilty of an infraction.
### § 15.1-06-16. Disturbance of a public school - Penalty.

It is a class B misdemeanor for any person to:
1. Willfully disturb a public school that is in session;
2. Willfully interfere with or interrupt the proper order or management of a public school
by an act of violence, boisterous conduct, or threatening language; or
3. Rebuke, insult, or threaten a teacher in the presence of a student.
### § 15.1-06-17. United States flag - Display.

The board of a school district shall display a United States flag on the grounds of each
school in the district during each schoolday in seasonable weather.

### § 15.1-06-17.1. Religious objects or documents - Display.

A religious object or document of cultural, legal, or historical significance which has
influenced the legal and governmental systems of the United States and this state may be
displayed in a public school building together with other objects or documents of cultural, legal,
or historical significance, which have influenced the legal and governmental systems of the
United States and this state. The display of a religious object or document under this section
must be in the same manner and appearance generally as other objects and documents
displayed and may not be presented or displayed in any fashion that results in calling attention
to the religious object or document apart from the other displayed objects or documents. A
school board shall develop a policy for the proper display of any religious objects or documents.
### § 15.1-06-17.2. National motto - Display in schools.

The motto of the United States of America "IN GOD WE TRUST" may be displayed in each
public school.
### § 15.1-06-18. School report - Review.

Repealed by S.L. 2021, ch. 139, § 1.
### § 15.1-06-19. Counselor positions - Requirement.

1. Beginning with the 2010-11 school year, each school district must have available one
full-time equivalent school counselor for every three hundred students in grades seven
through twelve.
2. Beginning with the 2022-23 school year, each school district must have available one
full-time equivalent school counselor for every three hundred students in grades
kindergarten through six.
3. Up to one-third of the full-time equivalency requirement established in subsection 1
may be met by career advisors.
4. For purposes of this section, a "career advisor" means an individual who holds a
certificate in career development facilitation issued by the department of career and
technical education under section 15-20.1-24 or an individual who is provisionally
approved by the department of career and technical education under section
### § 15.1-06-20. Career advisor - Duties.

A career advisor shall provide sequential career development activities, current career
information, and related career exploration opportunities to students in grades seven through
twelve. A career advisor shall use computer-assisted career guidance systems and work at the
direction and under the supervision of the school district counseling staff.
### § 15.1-06-21. Transgender student accommodations - Restroom use - Enforcement -

Penalty.
1. A board of a school district, public school, or public school teacher may not adopt a
policy or guidelines, whether implicit or explicit, requiring or prohibiting an individual
from using a student's preferred gender pronoun.
2. A board of a school district shall establish, with the approval of the parent or legal
guardian, a plan for the use of a separate restroom accommodation for a transgender
student.
3. A board of a school district or a public school shall prohibit a student from using a
restroom that does not coincide with the student's biological sex.
4. A restroom or shower room on school grounds, which is accessible by multiple
individuals at one time, must be designated for use exclusively for males or exclusively
for females and may be used only by members of the designated sex. Multi-stall
gender neutral restrooms and shower rooms are prohibited. This subsection does not
apply to a restroom in existence on July 1, 2025.
5. Notwithstanding subsection 4:

a. An individual may use a restroom in accordance with the federal Individuals with
Disabilities Education Act of 1990 [20 U.S.C. 1400 et seq.], section 504 of the
federal Rehabilitation Act of 1973 [29 U.S.C. 794], the federal Americans with
Disabilities Act [42 U.S.C. 12131 et seq.]; and
b. A public school may change the designation of a restroom or shower room from
one designated sex to the other designated sex to accommodate a school-
sponsored event.
6. Unless otherwise required by law, a school district, public school, or public school
teacher may not:
a. Adopt a policy or guidelines, whether implicit or explicit, concerning a particular
student's transgender status without approval from the student's parent or legal
guardian; or
b. Withhold or conceal information about a student's transgender status from the
student's parent or legal guardian.
7. The parent of a student in a school district may submit a complaint to the school
district, in the manner prescribed by the school district policy, if the school district
appears to the parent to be violating this section.
8. After the parent has made a complaint under subsection 7, if it appears to the parent
the school district is violating this section, the parent may submit a complaint to the
attorney general.
9. Upon receipt of a complaint under subsection 8, the attorney general shall enforce this
section and may conduct investigations by:
a. Examining under oath any individual responsible for an alleged violation of this
section.
b. Issuing subpoenas.
c. Applying to a district court for an order enforcing the subpoena or other
investigation demand.
10. For a violation of this section, the attorney general may seek and obtain a declaratory
judgment or injunction in district court which prohibits the board of a school district, a
public school, or a public school teacher from continuing the unlawful practice.
11. The court may assess a civil penalty in an amount not to exceed two thousand five
hundred dollars for each violation of this section.
