1. Notwithstanding the powers and duties of school boards provided by law, the superintendent of public instruction shall approve the construction, purchase, repair, improvement, modernization, or renovation of any public school building or facility before commencement of the project if the cost of the project, as estimated by the school board, is in excess of one hundred fifty thousand dollars.

Terms Used In North Dakota Code 15.1-36-01

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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

2.    The superintendent of public instruction may not approve a project unless the school district proposing the project:

a.    Demonstrates the need for the project and the educational utility of the project or demonstrates potential utilization of the project by a future reorganized school district; b.     (1) Demonstrates that the student population has been stable or has increased during the preceding five school years and is expected to be stable or to increase during the ensuing five school years; or

(2) Demonstrates by clear and convincing evidence that, despite a declining student population, there are no feasible alternatives to the proposed project; and

c.    Demonstrates the capacity to pay for the project under rules adopted by the superintendent of public instruction pursuant to chapter 28-32.

3.     a.    If the superintendent of public instruction denies the project, the school board may appeal the superintendent’s decision to the state board of public school education. In considering the appeal, the state board shall review: (1) The need for the project; (2) The educational utility of the project; (3) The potential use of the project by a future reorganized school district; (4) The capacity of the district to pay for the project; and

(5) Any other objective factors relative to the appeal.

b.    The decision of the state board is final.

4.    This section is applicable to any construction, purchase, repair, improvement, renovation, or modernization.

5.    For purposes of this chapter, “facility” includes a public school parking lot, public school athletic complex, or any other improvement to real property owned by the school district.

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