North Dakota Administrative Code Title 68 - Public School Education, Board of
North Dakota Administrative Code (NDAC) Title 68 — Public School Education, Board of
1. Overview
Title 68 of the ND Administrative Code governs the rules, regulations, and standards established by the North Dakota State Board of Public School Education. This Title addresses a wide array of public school education topics, including:
Certification and licensing of teachers and administrators.
Curriculum standards and requirements.
School accreditation and evaluation.
Student assessments and accountability.
Teacher preparation programs.
School funding and financial administration.
Special education and related services.
The goal is to provide consistent statewide standards that ensure quality public education, promote equity, and comply with state and federal laws.
2. Statutory Authority
The authority for Title 68 comes primarily from North Dakota Century Code (NDCC) Chapter 15.1, which creates the State Board of Public School Education and defines its powers and duties, including:
Licensing and certifying teachers, administrators, and educational specialists.
Setting minimum standards for school curriculum and operation.
Approving teacher preparation programs.
Enforcing laws related to public education.
Promulgating administrative rules to implement the education statutes.
3. Key Provisions of Title 68
A. Teacher and Administrator Certification
Specifies qualifications required for teacher licensure, including education, examinations, and background checks.
Sets requirements for continuing education and renewal of licenses.
Provides standards for alternative licensure routes.
Includes procedures for suspending, revoking, or refusing certification for cause (e.g., misconduct, incompetence).
B. Curriculum Standards
Establishes statewide curriculum standards for different grade levels and subject areas.
Includes guidelines for implementing state academic content standards.
Details requirements for instructional time, course offerings, and graduation requirements.
C. School Accreditation
Defines criteria schools must meet to maintain accreditation.
Outlines evaluation processes, including site visits, performance assessments, and corrective action plans.
Allows the Board to withhold or revoke accreditation for failure to meet standards.
D. Student Assessment and Accountability
Sets policies for standardized student assessments required by state and federal law.
Includes rules on reporting results, addressing achievement gaps, and school improvement.
Provides mechanisms for interventions in low-performing schools.
E. Special Education
Incorporates rules implementing federal IDEA (Individuals with Disabilities Education Act) requirements.
Details identification, evaluation, and placement procedures for students with disabilities.
Specifies Individualized Education Program (IEP) development and procedural safeguards.
4. Legal Principles and Case Law
There is significant case law interpreting the authority and decisions of the North Dakota State Board of Public School Education and related school policies. Below are key legal principles and cases related to Title 68’s scope:
A. Board’s Regulatory Authority
Courts have repeatedly affirmed that the Board has broad authority under NDCC Chapter 15.1 to regulate public schools, including setting certification standards and school accreditation rules.
Judicial review of Board decisions typically follows an arbitrary and capricious standard, giving deference to the Board’s expertise in education matters.
B. Certification and Disciplinary Actions
In cases where a teacher or administrator challenges denial, suspension, or revocation of certification, courts require the Board to follow due process, including notice and opportunity for hearing.
For example, in a case where a teacher's license was revoked for misconduct, the court upheld the Board’s action where evidence showed violation of ethical standards and procedures were followed properly.
Courts balance protecting public interest in competent educators with individual rights of license holders.
C. School Accreditation and Funding
In disputes over accreditation, courts recognize the Board’s discretion to set standards but require decisions to be supported by substantial evidence.
For example, a school district contesting accreditation loss must show the Board’s decision was arbitrary, capricious, or outside statutory authority.
Funding and operational decisions tied to accreditation are generally upheld if the Board acts within its regulatory framework.
D. Student Discipline and Rights
Although Title 68 mainly covers administrative rules, court cases involving public schools often address students’ due process rights related to discipline and special education.
Courts hold that schools must follow state and federal regulations, including those promulgated by the Board, in student disciplinary actions, and must provide procedural safeguards under IDEA.
5. Illustrative Case Examples
1. Teacher Certification Revocation
In re Smith (hypothetical ND Supreme Court case) involved a teacher whose license was revoked by the Board due to unprofessional conduct.
The court held the Board’s decision was supported by substantial evidence and that due process was provided.
The ruling emphasized the Board’s responsibility to ensure educator competence and protect students.
2. School Accreditation Dispute
Johnson School District v. State Board of Public School Education (hypothetical) concerned a school district contesting the Board’s decision to revoke accreditation for failure to meet curriculum standards.
The court found the Board had followed proper procedures, the district failed to meet minimum standards, and thus upheld the revocation.
The case underscores the Board’s authority to enforce educational standards.
3. Special Education Compliance
In cases involving IDEA compliance, courts have required schools and the Board to strictly follow procedural safeguards.
Failure to develop adequate Individualized Education Programs (IEPs) or improper exclusion of students from educational services has led to rulings against school districts and remand for corrective action.
6. Practical Implications
Teachers and administrators must carefully comply with certification requirements and maintain ethical standards to avoid disciplinary action.
School districts must adhere to curriculum, accreditation, and reporting standards to maintain good standing and funding.
Parents and students have rights under special education laws and may seek Board or judicial review if procedures are violated.
The Board’s rule-making and enforcement powers are broad but constrained by statutory authority and principles of administrative law, including fairness and reasoned decision-making.
7. Summary
Title 68 of the North Dakota Administrative Code implements the State Board of Public School Education’s mandate to regulate and oversee public education in North Dakota. It governs certification, curriculum, accreditation, assessment, and special education, ensuring consistent standards across the state. Courts generally uphold the Board’s authority if decisions are supported by evidence and due process is followed. Disputes involving certification, accreditation, or student rights require careful attention to both the administrative rules and constitutional principles.
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