North Dakota seeks input on new charter school rules after legislative mandate

State School Superintendent Kirsten Baesler announced on Monday that the North Dakota Department of Public Instruction has released proposed rules for public charter schools, inviting members of the public to review and comment on them.

These new regulations are mandated by Senate Bill 2241, which was passed by the North Dakota Legislature in April. The bill outlines that public charter schools must negotiate agreements with the superintendent of public instruction to establish academic performance standards and operational guidelines. The rules are designed to give charter school organizers more clarity as they develop taxpayer-funded schools that will have greater flexibility than traditional public schools. More information about Senate Bill 2241 can be found at https://tinyurl.com/2uk5sjd8.

“We look forward to the public and legislative review of these proposed regulations,” Baesler said. “They provide the transparency and accountability for charter schools that North Dakota’s traditional public schools already have. And they guarantee that North Dakotans’ voices are heard on any charter school proposal.”

The proposed rules require a series of reviews before taking effect: a public hearing, examination by the Legislature’s Administrative Rules Committee, and vetting by the attorney general’s office. They are scheduled to become effective on April 1, 2026. Once finalized, applications for new charter schools can be submitted to the Department of Public Instruction. Details about these rule changes are available at https://tinyurl.com/4npzu3wv.

A public hearing is set for December 2 at 9:30 a.m. in the Brynhild Haugland Room at the state Capitol. The draft rules also address other areas such as school bus standards, special education policies, construction loans for schools, district cooperative agreements, professional development requirements for K-8 math teachers, and building assessments. Drafts covering all these subjects can be reviewed at https://tinyurl.com/36vk7xv9.

Comments on any of these proposals may be sent to Jim Upgren, assistant director of school approval and opportunity at NDDPI (jimupgren@nd.gov or phone 701-328-2244) until December 15 at 5 p.m., Central time.

Key provisions in the proposed charter school rules include:

- At least one required public interview with each applicant.

- Ongoing monitoring by NDDPI with annual reporting requirements covering academics, budgets, and operations.

- Written procedures for enrollment processes and managing waiting lists.

- Withholding state aid from any school not complying with laws or its performance agreement until compliance is achieved.

North Dakota only recently permitted charter schools; previously it was among a small group of states without them—Nebraska, South Dakota, and Vermont still do not allow charters. According to data from the National Alliance for Public Charter Schools, there are over 8,000 such institutions nationwide serving nearly 3.9 million students.