1.    As used in this section, unless context otherwise requires:

Terms Used In North Dakota Code 15.1-02-23

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    “Chronically low-performing district” means a school district for which auditing and monitoring has revealed a consistent mishandling of processes, reporting, or funds resulting in inadequate educational services for the school district’s students and has had chronically low-performing schools within the school district.

b.    “Chronically low-performing school” means a school identified by the state for comprehensive support and improvement in accordance with the Every Student Succeeds Act [Pub. L. 114-95; 114 Stat. 1177; 20 U.S.C. § 28 et seq.] for more than one cycle.

c.    “Inadequate educational services” include a lack of annual progress in academic achievement, student engagement, resource allocation, teacher effectiveness, chronic absenteeism, and persistent subgroup opportunity gaps.

2.    The superintendent of public instruction shall intervene directly when a public school is a chronically low-performing school and when a school district is a chronically low-performing school district. The superintendent of public instruction shall conduct an assessment and a review of past interventions of a chronically low-performing school or school district to identify areas of insufficient performance and develop an improvement plan. An improvement plan under this section may include a directive from the superintendent of public instruction requiring:

a.    Funds to be held in escrow for the school or school district or spent as designated by the superintendent of public instruction.

b.    Changes to curriculum, training, instruction, assessment, or the school calendar in the school or school district.

c.    Reassignment or hiring of school or school district staff to fill roles associated with school or school district needs.

3.    A memorandum of understanding must be entered between the department of public instruction and a chronically low-performing school or school district.

4.    A chronically low-performing school or school district shall complete a school board leadership program as required by the department of public instruction.

5.    The superintendent of public instruction shall report annually to the state board of public school education, the education standing committees of the legislative assembly during a legislative session, and an interim committee of the legislative management when the legislative assembly is not in a legislative session regarding the implementation of this section.