K-12 Governance Structures: State Profile

K-12 Governance Structures: State Profile - North Dakota

November 2017


Data are collected using publicly available state constitutional language and state statutes. Updated as of Nov. 1, 2017.
 

Governor
What constitutional or statutory duties does the governor have as it relates to education? The executive power is vested in the governor.

The governor is the chief executive of the state. The governor shall have the responsibility to see that the state's business is well administered and that its laws are faithfully executed.

Every bill passed by the legislative assembly must be presented to the governor for the governor's signature. The governor may veto a bill passed by the legislative assembly. The governor may veto items in an appropriations bill.
What is the appointment authority provided to the governor in education? The governor shall appoint new board members from a list of names submitted by a committee consisting of the president of North Dakota united, the president of the North Dakota council of educational leaders, and the president of the North Dakota school boards association.

The governor shall appoint seven of eight members of the state board of higher education, subject to confirmation by the senate.
Are the governor’s duties and powers and found in the state constitution? Yes
Are the governor’s duties and powers and found in the state statute? Yes
Citation NDCC Const. Art. 5, § 1
NDCC Const. Art. 5, § 7
NDCC Const. Art. 5, § 9
ND Cent. Code, 15.1-01-01
NDCC Const. Art. 8, § 6
Legislature
What constitutional or statutory powers does the legislature have as it relates to education policy? The legislative assembly shall enact all laws necessary to carry into effect the provisions of the state constitution.

The legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota.

The legislative assembly shall provide for a uniform system of free public schools throughout the state, beginning with the primary and extending through all grades up to and including schools of higher education, except that the legislative assembly may authorize tuition, fees and service charges to assist in the financing of public schools of higher education.

The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study, and to promote industrial, scientific, and agricultural improvements.
What is the appointment or confirmation authority of the legislature in education? The senate must confirm the governor's appointments to the state board of higher education.
Which committees in the legislature have jurisdiction over education issues? House:
Appropriations - Education and Environment
Education

Senate:
Education
Constitutional? Yes
Statutory? No
Citations NDCC Const. Art. 4, § 13
NDCC Const. Art. 8, § 1
NDCC Const. Art. 8, § 2
NDCC Const. Art. 8, § 4
NDCC Const. Art. 8, § 6
Chief State School Officer
What are the duties of the chief state officer? The superintendent of public instruction shall:

-Supervise the provision of elementary and secondary education to students in the state.

-Supervise the establishment and maintenance of schools and provide advice and counsel regarding their welfare.

-Supervise the development of course content standards.

-Supervise the assessment of students.

-Serve as an ex officio member of the board of university and school lands.
What constitutional or statutory authority does the chief state school officer have as it relates to education policy? The superintendent of public instruction is the chief administrative officer of the department of public instruction.

The superintendent of public instruction has the authority to direct district annexation, reorganization, and dissolution and employ and compensate personnel necessary to enable the state board to exercise its powers.

The superintendent may appoint an assistant. The officeholder may also hire personnel or contract with other persons to perform the work of the department of public instruction.

The superintendent may adopt rules governing the accreditation of public and nonpublic schools.
How is the chief state school officer selected? The superintendent of public is elected by general election.
Constitutional? Yes
Statutory? Yes
Citation ND Cent. Code, 15.1-02-04
ND Cent. Code, 15.1-03-01
ND Cent. Code, 15.1-02-03
ND Cent. Code, 15.1-02-11
NDCC Const. Art. 5, § 2
ND Cent. Code, 15.1-02-01
State Board of Education
What constitutional or statutory powers and duties does the state board of education have as it relates to education policy? The state board of education shall:

-Assist county committees in carrying out their duties.

-Provide county committees with clerical assistance, plans of procedure, standards, data, maps, forms, and other materials.

-Appoint members of county committees, if county superintendent does not fulfill his duty.

-Provide oversight for regional education associations.

The board may adopt rules.
What is the composition of the state board of education? The state board of education consists of the superintendent of public instruction and:

-An individual representing Barnes, Cass, Grand Forks, Griggs, Nelson, Steele, and Traill Counties.

-An individual representing Benson, Bottineau, Cavalier, McHenry, Pembina, Pierce, Ramsey, Renville, Rolette, Towner, and Walsh Counties.

-An individual representing Dickey, Emmons, LaMoure, Logan, McIntosh, Ransom, Richland, and Sargent Counties.

-An individual representing Burleigh, Eddy, Foster, Kidder, McLean, Sheridan, Stutsman, and Wells Counties.

- An individual representing Burke, Divide, McKenzie, Mountrail, Ward, and Williams Counties.

-An individual representing Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, Mercer, Morton, Oliver, Sioux, Slope, and Stark Counties.

Two of the members must be members of the North Dakota school boards association.
How are members of the state board of education selected? The governor shall appoint new board members from a list of names submitted by a committee consisting of the president of North Dakota united, the president of the North Dakota council of education leaders, and the president of the North Dakota school boards association.
Constitutional? No
Statutory? Yes
Citation ND Cent. Code, 15.1-01-03
ND Cent. Code, 15.1-01-01
Executive-Level Secretary
Does the state have an executive-level secretary? The superintendent of public instruction shall serve as the executive director and secretary of the board.
What other duties does the executive-level secretary have? The superintendent of public instruction shall call meetings as necessary, carry out the policies of the board, and employ personnel necessary to perform the board's duties.
Constitutional? No
Statutory? Yes
Citation ND Cent. Code, 15.1-01-01

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