64th Legislative Session Update

North Dakota Council of Educational Leaders

SB 2031 – Education Fundinghttp://www.legis.nd.gov/assembly/64-2015/documents/15-0291-09000.pdf?20150429092718

DPI Projections worksheet http://www.dpi.state.nd.us/legislate/index.shtm

Changes over current law:

3% & 3% per pupil ($9365 year 1, $9646 year 2)

Small School Weighting Factor (below 110 students) .136

ELL Weighting Factor (2015-17) (2017-19)

.33 level 1 .40 level 1

.22 level 2 .28 level 2

Policy (2031)

Professional Development Clarification language – to ensure best practice is executed in each district.

PD is recognized by the state when:

It includes 6 hours of PD exclusive of meals or breaks

6 hours of cumulative PD conducted under the auspices of a professional learning community

Two 4-hr period of PD exclusive of means or breaks

Administrator/Teacher Conference Time The Superintendent of Public Instruction may hold no more than 2 days on a school calendar where

the exclusive use of these days is for professional development conferences directed at ALL teachers or ALL administrators in our state.

This continues to assure accurate execution of statewide professional development and enhances the effectiveness of this time.

NDCEL Fall Conference will remain protected

Policy Cont…. (2031)

Section 6 - REA’s will now undergo accreditation

Section 7 - This section requires that the superintendent of public develop an electronic survey instrument that will be used by the Education Standards and Practices board at the conclusion of all services provided by the ESPB board.

Section 13 – Weather or Emergency School Closures

The amended language provides for schools to implement data driven information as they create their school calendar and implement “storm days.”

In the new process a school shall reserve in the school calendar a number of days for “storm days” in the second semester of the year (between January 1 and the end of school)

The school shall include the number of days that data shows would be the annual number based on an rolling 5 year average.

Any additional storm days incurred shall be reviewed for waiver on the basis of every effort being made to replace the instructional days or equivalent amount of instructional time be met based on requirements in century code.

DPI Funding Bill (2013)http://www.legis.nd.gov/assembly/64-2015/documents/15-8146-05000.pdf?20150429093323

PowerSchool is now funding in DPI budget

Transportation Reimbursement Rate

$1.18 p/m for busses with capacity of 10 or more passengers

$.55 p/m for vehicles having a capacity of 9 or fewer passengers

$.54 p/m students with disability, IEP requires travel outside of school district, student is transported by adult member of student’s family, transported in vehicle furnished by student’s parents, transportation is paid for by student’s parents, and it does not exceed 2 round trips daily.

$.54 p/m student transported resides more than 2 miles from school, student is transported by adult member of family, transported in vehicle furnished by student’s parents, transportation is paid for by student’s parents.

Additional (up to) $3M may be available if there is leftover foundation aid to assist with transportation at end of biennium.

Rapid Enrollment (DPI Funding) (SB 2013)http://www.legis.nd.gov/assembly/64-2015/documents/15-8146-05000.pdf?20150504075749

$14.8M available (No more than $7.4M in first year)

Tier 1 funding – increase of 4% or 150 students and must be at least twenty students or

Tier 2 funding – increase of 2% or 75 students and must be at least 10 students.

Amount id determined by: Actual % increase in the # of students and subtract 2% from the percent calculated.

Determine the # of students represented by the difference

Multiply the students by

1) $4000 for Tier 1

2) $2000 for Tier 2

Grants (DPI)

Unused safety grant $$ from last session may be used this biennium

CPR Grants

$450k available

Schools can be eligible to train as many students as possible in CPR

Continuing Education Grants

$150k available

Amounts up to $1200 (chronological order – based on application)

For those pursuing requirements for certificate in career development facilitation, or pursuing a school counselor credential.

HB 1251 – School District Negotiationshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0532-05000.pdf?20150504075948

The time currently that must be required for teachers to return a contract is 30 days. This bill effectively changes that timeline to 14 days.

The dates for the offering of contracts has not changed.

Good faith negotiations must begin no more than 30 days from the board recognizing the negotiating group unless another agreement regarding date can be met by both sides.

An executive session can be held by the board to discuss negotiating strategy, provide instruction to representative negotiator when there are anticipated litigation, adversarial administrative hearings, or contracts.

HB 1087 – Civics Education Requirementhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0351-05000.pdf?20150504080200

This bill now mandates as a graduation requirement the successful completion of the civics education test. The test we are to use is the same one used by the US Citizen and Immigration Services.

Implementation in the school year (2016-17)

Students in this first year must receive at least a 60% to pass. After the first year, the score must be 70%.

This is self reported and there are no mandates on how the testing is to be executed.

Students can take the test as many times as needed to pass.

HB 1176 – Hub Cities/SIF Fundhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0329-08000.pdf?20150504080338

After Aug. 31, 2017, Hub cities are those with a population of 12,500 or more and at least 1% of its population engaged in mining and/or gas related jobs.

The allocation to the schools in these cities in each fiscal year is $175,000. These dollars are subtracted as revenue in the foundation aid formula.

To each county in 2014 that received more than 5 million but less than 30 million in oil revenue will receive a monthly allocation that will result in $1.5M and each year there-after that they are in this category.

Within 30 days of the end of the fiscal year, each school that received hub city funding must provide a report which states the:

school district's statement of revenue and expenditures,

school district's ending fund balances,

the amount of hub city dollars received, and the expenditures the dollars were used for.

HB 1284 – School District Bond Electionshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0338-03000.pdf?20150504105823

Requires that the ballot for a school district bond election include:

the maximum amount of debt being proposed,

how long it will take to pay it off,

proposed increases to property tax rates,

and the impact on a taxpayer’s property tax bill.

HB 1316 – Evaluation of Superintendenthttp://www.legis.nd.gov/assembly/64-2015/documents/15-0531-02000.pdf?20150504080558

Effective August 1st

Superintendent: First evaluation of superintendent must take place by November 15 (date change) 2nd evaluation must take place by March 15

Copy of the report must be placed in the superintendents personnel file

If an administrator is employed as both the superintendent and the principal, they shall be evaluated as the superintendent

(the board should not evaluate that individual as a principal)

Board can meet in executive session with Supt. To discuss non-renewal. No claim for libel or slander can be ensued based on conversations in that executive session.

Principal: If the district elects to non-renew the principal, assistant or associate superintendent who has been employed for less than two years written notice must be provided before May 1st. At the person’s request, the board may meet with them in executive session to convey the reasons for non-renewal. No claim for libel or slander may be brought based on communication in executive session.

HB 1337 – Open Records Requestshttp://www.legis.nd.gov/assembly/64-2015/documents/15-8174-02000.pdf?20150504080651

Public entity can withhold records from requesting individual if they have outstanding unpaid costs from previous requests until such time that all costs are paid.

If public entity receives 5 or more requests within 7 days from the same requestor, they can treat that as one request with regard to calculation of time and costs to retrief such data.

HB 1366 – Bill of Rights for Hearing Impairedhttp://www.legis.nd.gov/assembly/64-2015/documents/15-8188-04000.pdf?20150504080741

This bill requires collaboration between schools and the school for the deaf.

1. The school for the deaf shall collaborate with school districts to ensure that children who are deaf or hearing impaired and families of children who are deaf or hearing impaired receive appropriate services and have access to appropriate resources including:

a. Screening and assessment of hearing capabilities and communication and language needs at the earliest possible age, and continuation of screening services throughout the child's educational experience;

b. Early intervention to provide for acquisition of solid language bases at the earliest age possible;

c. The opportunity to interact in person or through technological mediums with adult role models and peers who are deaf or hearing impaired;

d. Qualified teachers, interpreters, and resource personnel, who communicate effectively with the child in the child's mode of communication; and

e. Placement best suited to the child's needs such as social, emotional, cultural, age-related, hearing loss, academic level, mode of communication, style of learning, motivational level, and family support needs.

2. The school for the deaf shall:

a. Make information available to parents of children who are deaf or hearing impaired; and

b. Provide awareness information to the public concerning medical, cultural, and linguistic issues of deafness and hearing loss.

HB 1426 – School Construction Bidding

SECTION 1. AMENDMENT. Subsection 1 of section 15.1-36-01 of the North Dakota Century Code

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.

Adjustment threshold changes from $100k to $150K

HB 1428 – State Employee Harassment Policieshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0954-03000.pdf?20150504081727

Harassment policies.

Each state agency, department, and institution shall adopt and enforce a policy on employee harassment, including sexual harassment. The policy must clearly define harassment and specify the responsibilities of the employee, supervisor, and the agency, department, or institution. If an agency, department, or institution does not adopt a harassment policy, the agency, department, or institution must be subject to the policy adopted by the North Dakota human resource management services division.

Intent did not specify if K12 schools were included – however, assurance that policy is in place is recommended.

HB 1443 – Infrastructure Revolving Loan Fundhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0867-05000.pdf?20150504081803

For State Infrastructure project to address critical capital needs (water, wastewater, sewer, curb, etc). Loan fund max 30 yrs. No more than 2% interest rate per year. Max loan $15M.

Could benefit new school construction needs (water, wastewater, sewer, curb, gutter….)

HB 1470 – Physicals for School Vehicle Drivershttp://www.legis.nd.gov/assembly/64-2015/documents/15-0882-02000.pdf?20150504082348

Requires that heath care facility forward the cost of the physical to the insurance carrier rather than simply charging the patient or the school without first billing insurance.

Any remaining costs after insurance are the responsibility of the board.

1471 – Freedom of Expression of Students

This bill defines and allows freedom of expression for students in student publications (as student journalists under the direction of a student media advisor). Important to note an advisor must be involved for this to be enforced.

This expression is not allowed if it is libelous or slanderous; Constitutes an unwarranted invasion of privacy; Violates federal or state law; or So incites students as to create a clear and present danger of the commission of an unlawful act, the violation of institution or state board of higher education policies, or the material and substantial disruption of the orderly operation of the institution.

A school district may not sanction a student operating as an independent journalist.

Each school district shall adopt a written student freedom of expression policy in accordance with this section. The policy must include reasonable provisions for the time, place, and manner of student expression. The policy may also include limitations to language that may be defined as profane, harassing, threatening, or intimidating.

SB 2039 – Construction Loan (revolving fund)http://www.legis.nd.gov/assembly/64-2015/documents/15-0189-06000.pdf?20150504084924

Contingent on ballot measure passing to access Foundation Aid Stabilization Fund

Creates revolving endowment fund to handle academic scholarships (assuring funding is always there)

Uses of Foundation Aid Stabilization Fund must be for educational purposes.

Creates a school construction revolving loan fund

School Construction Rule for 150M appropriations:

Population stable or increased over past 5 years or if declining enrollment demonstrates that no other option is feasible. All other school construction rules in place.

For revolving loan fund: New construction, $1-20M, expected

utilization of at least 30 yrs., 20 yr. term., must have ending fund balance in accordance with law or amount allowable is 80%, must be voter approved. If goes to the vote 3 or more times, must go back to DPI again for approval just like with initial application

SB 2048 – Student Mental Healthhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0277-07000.pdf?20150504090142

This bill started out very positively with a $6M appropriation to assist with student behavioral health screenings. After cuts, it essentially turned into an unfunded mandate for K12 & Higher Ed

Schools of Teacher Training must now include (meeting with deans of teacher schools this month to work on this): An understanding of the prevalence and impact of youth mental health disorders on family structure, education, juvenile services, law enforcement, and health care and treatment providers; Knowledge of mental health symptoms, social stigmas, risks, and protective factors; and Awareness of referral sources and strategies for appropriate interventions.

Teacher / Administrator / Ancillary Staff Training - Once every two years, each school district shall provide a minimum of eight hours of training on youth mental health to elementary, middle, and high school teachers and administrators. Each school district shall encourage ancillary and support staff to participate in the training. The training must include:

a. Understanding of the prevalence and impact of youth mental health disorders on family structure, education, juvenile services, law enforcement, and health care and treatment providers;

b. Knowledge of mental health symptoms, social stigmas, risks, and protective factors; and

c. Awareness of referral sources and strategies for appropriate interventions.

2. Each school district shall report the outcome of the training to the department of public instruction.

3. The superintendent of public instruction shall collaborate with regional education associations to disseminate information, training materials, and notice of training opportunities to school districts and nonpublic schools.

SB 2089 – ND Academic Scholarshiphttp://www.legis.nd.gov/assembly/64-2015/documents/15-8002-03000.pdf?20150504090825

This bill makes part of the eligibility requirement the ability to use replacement early entry (dual credit) coursework – but it can not be remedial. Any of the courses can be done this way except for Physical Education and/or Health

SB 2092 – School District Reorganizationhttp://www.legis.nd.gov/assembly/64-2015/documents/15-8005-05000.pdf?20150504091154

Voter approved reorganization – no district can make contracts or obligations before the plan takes effect without the approval of the other participating board.

When going through reorg… the Application must Include a new budget must be the district ending fund balance, list of district’s anticipated purchases for goods and services if the total value of goods and services exceeds $3000

Unless otherwise directed by law or by the reorganization plan, between the date on which the reorganization is approved and the date on which the reorganization becomes effective, the board of a school district participating in the reorganization must obtain written consent from the board of every other school district participating in the reorganization before it:

a. Enters into any new contract, whether oral or written, which financially obligates the district;

b. Renews any existing contract, whether oral or written, which financially obligates the district; or

c. Purchases any goods or services, whether in a single or in multiple transaction, if the total value of the goods or services exceeds three thousand dollars, provided the requirements of this subdivision do not extend to salaries, benefits, or other compensation paid or payable to school district personnel.

SB 2145 – Criminal History Record Checkshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0497-03000.pdf?20150504091825

Record Checks required of current, new or pending employees

The governing board of a school district, for employees designated by the board provided the board is responsible for paying the costs associated with obtaining a background criminal history record check;

(2) The board of a multidistrict special education unit, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(3) The board of an area career and technology center, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check;

(4) The board of a regional education association, for employees designated by the board, provided the board is responsible for paying the costs associated with obtaining a criminal history record check; and

(5) The superintendent of public instruction in the case of a nonpublic school, for employees designated by the nonpublic school, provided the nonpublic school is responsible for paying the costs associated with obtaining a criminal history record check.

SB 2151 – Early Childhood Grantshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0432-05000.pdf?20150504092500

$3M appropriation (Free and Reduced eligible only - $2000 free, $1000 reduced) for students age 4 (before Aug 1st)

Must be an approved program and part of community coalition to apply

Must follow pre-k standards, include 10 hrs. of research based parental involvement, have documented willingness to provide to all students regardless of learning disability.

There will be data collection and a report to legislative mgmt.

Superintendent of local district shall call a meeting of all providers Meeting shall address all available options to provide cost effective PreK, facilities,

personnel, transportation.

A coalition & coalition board must be formed for communities wanting to be involved.

The locally elected school board shall provide advice and guidance to coalition board.

More detail – encourage you to download the bill.

SB 2152 – Suspension of School District Personnelhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0529-02000.pdf?20150504093410

The School Board Retains the right to dismiss school district personnel. That power can be delegated to the superintendent.

In the case the district does not employ a superintendent, this power may be delegated to the person in charge of administering the district.

SB 2178 – School Construction

This bill makes available low interest loans. To address current needs.

$250M available

$125M 2015-17 – the rest after 2017

Terms of school construction we’ve seen before with stability of population or lack of other alternative in place.

$20M Loan cap

Loan % cannot exceed 2% until July 1, 2025 at which point the interest rate may not exceed the BND base rate or it may be a fixed rate.

School district - Leased property – Insurability. 1. Notwithstanding any other provision of law, if the board of a school district entered a contract with a nonprofit corporation in this state during the period beginning November 1, 2013, and ending December 31, 2013, and if in accordance with the terms of that contract the nonprofit corporation acquired and constructed a school facility that the nonprofit corporation in turn leases back to the district for use in the provision of educational services, that facility is designated as a public facility owned by the school district for purposes of insurability under this chapter.

2. For purposes of this section, "school facility" means the real property referenced in the contract and all buildings, improvements, and fixtures on the real property.

SB 2181 – School District Business Mgrhttp://www.legis.nd.gov/assembly/64-2015/documents/15-0748-05000.pdf?20150504094256

Requires the school board to keep its minutes permanently and its payroll and expenditure records for five years;

The Board is the supervisor of the school district business manager. The board hires, fires, and has all administrative oversight of that individual.

This right can explicitly in policy be delegated to another individual such as the superintendent. However, it must be in school district policy.

The school business manager must provide all financial reports to the board.

SB 2209 – Suicide Prevention Traininghttp://www.legis.nd.gov/assembly/64-2015/documents/15-0771-04000.pdf?20150504110953

Annually (prior was every 2 years), each school district shall provide to middle school and high school instructional staff, teachers, and administrators, at least two hours of professional development relating to youth suicide risk indicators, appropriate staff responses, and referral sources.

2. The superintendent of public instruction shall collaborate with the state department of health to obtain and disseminate to school districts and nonpublic schools, free of charge, information and training materials, including those available through the Jason foundation.

SB 2315 – Liability of Political Subdivisionshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0959-03000.pdf?20150504111322

This bill increases the liability of political subdivisions from $500,000 to $1 million for any number of claims arising from any single incident where the injuries are proximately caused by the negligence or wrongful act or omission of an employee acting within the scope of employment.

SB 2326 – SLDS Data & Student Datahttp://www.legis.nd.gov/assembly/64-2015/documents/15-0956-05000.pdf?20150504111243

The end result of this bill required an entire session long effort by multiple people and groups of trying to hold off legislative micro management and overreach.

Protection of student data - School district policy (NDSBA Drafting sample)

1. The board of each school district shall adopt a policy regarding the protection of student data.

2. The policy must require that permission be obtained from the board before any student data is shared with an individual who is not a school district employee or shared with any other entity. This provision does not apply to the sharing of data with a student's parent or to the sharing of data, if required by law.

3. The policy must require the school district superintendent to compile:

a. A list of all individuals with whom, and entities with which, student data is shared; and

b. A list, by title, of all school district personnel who have access to student data.

4. A school district shall make copies of the policy available upon request.

SB 2348 – External Defibrillatorshttp://www.legis.nd.gov/assembly/64-2015/documents/15-0974-07000.pdf?20150504111531

This bill requires anyone who is expected to use an automated external defibrillator to have training in its use, using the most recent nationally recognized course.

Studies

REA’s and ND Teacher Center Network

School District Transportation

Teacher Preparation & Retention

Educational Service Providers (REA’s ESPB, EduTech, Center for Distance Education, STEM network, teacher center network.

Standards & Assessment – highlight of ESEA reauthorization

Declining Enrollment

Rapid Enrollment

School District Reporting

CTE Study

Seclusion & Restrain procedures in schools

Taskforce to study school district boundaries, annexation, reorganization, and dissolution.

What did we successfully get rid of?

Guns in Schools Bill

Anti-Standards bill

Ending fund balance bill (move to 10%)

Student Data Bill that was initially so restrictive you wouldn’t be able to publish extra curricular results in the paper.

Parental Opt Out bill (DPI will still provide guidance)

Other bills

HB 1027 House Bill 1027 allows school districts to be licensed retailers for milk in order to effectuate the purchase of milk products and frozen dairy products at wholesale prices.