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.