School board authority in North Dakota

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North Dakota state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties North Dakota law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • North Dakota school boards are authorized to engage in collective bargaining with their employees, which can contractually constrain their authority.
  • North Dakota state law prohibits instruction related to critical race theory.
  • North Dakota is one of two states in which school boards have authority to select the timing of school board elections from within a date range set by state law.
  • North Dakota is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.
  • North Dakota is one of 26 states that has a Parents' Bill of Rights.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in North Dakota

    Enabling or authorizing statute for the boards of school districts in North Dakota

    See also: Enabling statute

    North Dakota Statutes § 15.1-09-33 establishes school boards as the authority operating schools in North Dakota according to state law:[1]

    “

    The board of a school district may:

    1. Establish a system of free public schools for all children of legal school age residing within the district.

    2. Organize, establish, operate, and maintain elementary, middle, and high schools.[2]

    		”

    North Dakota school boards' powers and duties

    North Dakota public school boards of directors are given 36 specific duties or powers to administer the public schools in North Dakota. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • designating a newspaper of general circulation as the official newspaper of the district
    • adopting rules for the instruction of students, including their admission, transfer, organization, grading, and government

    The list of powers and duties school district boards are charged with appears in North Dakota Cent. Code § 15.1-09-33 and are as follows:[3]

    “

    The board of a school district may:

    1. Establish a system of free public schools for all children of legal school age residing within the district.

    2. Organize, establish, operate, and maintain elementary, middle, and high schools.

    3. Have custody and control of all school district property and, in the case of the board of education of the city of Fargo, have custody and control of all public school property within the boundaries of the Fargo public school district and to manage and control all school matters.

    4. Acquire real property and construct school buildings and other facilities.

    5. Relocate or discontinue schools and liquidate the assets of the district as required by law; provided no site may be acquired or building constructed, or no school may be organized, established, operated, maintained, discontinued, or changed in location without the approval of the state board of public school education if outside the boundary of the district.

    6. Purchase, sell, exchange, and improve real property.

    7. Lease real property for a maximum of one year except in the case of:

    a. A career and technical education facility constructed in whole or in part with financing acquired under chapter 40-57, which may be leased for up to twenty years; or

    b. A lease for the installation of a wireless telecommunications facility, which may be leased for up to twenty years.

    8. Subject to chapter 32-15, exercise the power of eminent domain to acquire real property for school purposes.

    9. Purchase, sell, exchange, improve, and lease for up to one year equipment, furniture, supplies, and textbooks.

    10. Recruit or contract with others to recruit homes and facilities which provide boarding care for special education students.

    11. Provide dormitories for the boarding care of special education students.

    12. Insure school district property.

    13. Independently or jointly with other school districts, purchase telecommunications equipment or lease a telecommunications system or network.

    14. Provide for the education of students by another school district.

    15. Contract with federal officials for the education of students in a federal school.

    16. Prescribe courses of study in addition to those prescribed by the superintendent of public instruction or by law.

    17. Adopt rules regarding the instruction of students, including their admission, transfer, organization, grading, and government.

    18. Join the North Dakota high school activities association and pay membership fees.

    19. Adopt alternative curricula for high school seniors who require fewer than four academic units.

    20. Contract with, employ, and compensate school district personnel.

    21. Contract with and provide reimbursement for the provision of teaching services by an individual certified as an instructor in the areas of North Dakota American Indian languages and culture by the education standards and practices board.

    22.

    a. Suspend school district personnel;

    b. Delegate to the superintendent of the district the authority to suspend school district personnel, except as provided for in section 15.1-15-10; or

    c. In the case of a district that does not employ a superintendent, delegate to the individual charged with administering the district the authority to suspend school district personnel, except as provided for in section 15.1-15-10.

    23. Dismiss school district personnel.

    24. Participate in group insurance plans and pay all or part of the insurance premiums.

    25. Contract for the services of a district superintendent, provided that the contract, which may be renewed, does not exceed a period of three years.

    26. Contract for the services of a principal.

    27. Employ an individual to serve as the school district business manager or contract with any person to perform the duties assigned to a school district business manager by law.

    28. Dismiss a school district business manager for cause without prior notice.

    29. Dismiss a school district business manager without cause with thirty days' written notice.

    30. Defray the necessary and contingent expenses of the board.

    31. Levy a tax upon property in the district for school purposes, as permitted in accordance with chapter 57-15.

    32. Amend and certify budgets and tax levies, as provided in title 57.

    33. Pay dues allowing for the board to hold membership in city, county, state, and national organizations and associations.

    34. Designate, at its annual meeting, a newspaper of general circulation as the official newspaper of the district.

    35. Authorize schools within the district to display the ten commandments with a display of other historical documents in the school and in a classroom.

    36. Authorize schools within the district to permit students to recite the pledge of allegiance.[2]

    		”

    Constraints on North Dakota school boards' authority

    This section tracks constraints on school boards specific to North Dakota as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on North Dakota school boards' authority by topic

    This section features constraints on North Dakota school boards' authority on policies related to the following topics:

    Curriculum requirements

    North Dakota requires the following specific curricular topics to be included in the state's content standards:[4]

    • the United States Constitution, as part of social studies standards
    • federally recognized Native American tribes in the state, as part of North Dakota studies
    • agriculture, as part of science standards
    • physiology, hygiene, disease control, and the nature and effects of alcohol, tobacco, and narcotics, as part of health standards

    Curriculum restrictions

    North Dakota law prohibits instruction in public schools regarding critical race theory (CRT). The text of the state statute prohibiting CRT instruction is as follows:[5]

    “

    Each school district and public school shall ensure instruction of its curriculum is factual, objective, and aligned to the kindergarten through grade twelve state content standards. A school district or public school may not include instruction relating to critical race theory in any portion of the district's required curriculum under sections 15.1-21-01 or 15.1-21-02, or any other curriculum offered by the district or school. For purposes of this section, "critical race theory" means the theory that racism is not merely the product of learned individual bias or prejudice, but that racism is systemically embedded in American society and the American legal system to facilitate racial inequality. The superintendent of public instruction may adopt rules to govern this section.[2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Though North Dakota does not explicitly allow school boards to remove books from school libraries, school boards in the state have restricted books. State laws require that public libraries cannot provide explicit content to minors, and school boards are charged with overseeing instructional material for their district.[7]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]

    Federal guidance


    Parental notification

    North Dakota requires parental notification in the following circumstances:

    • Their student is involved in an expulsion hearing.[12]

    Though it doesn't specifically require parental notification, state law prohibits schools, school districts, or teachers from concealing information about a student's gender identity from the student's parent or legal guardian.[13]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[14]

    Discipline

    See also: How does North Dakota compare to other states on school board authority over disciplinary policy?

    North Dakota is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of North Dakota Statutes § 15.1-19-01 is as follows:[15]

    “

    The board of each school district shall develop policies setting forth standards forstudent behavior, procedures to be followed if the standards are not met, andguidelines detailing how all incidents are to be investigated.[2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in North Dakota, How does North Dakota compare to other states on school board authority over election timing?

    North Dakota is one of two states in which school boards have authority to select the timing of school board elections from within a date range set by state law.

    Click here to read about the laws governing school board elections in North Dakota.

    Public school choice and open enrollment

    See also: School choice in North Dakota

    Interdistrict open enrollment is authorized, though not required, by North Dakota state law. School boards can approve, deny, or modify the timeline of applications at their discretion. The text of state law is as follows:[17]

    “

    Section 15.1 - 31- 06 - Open Enrollment - School boards - Standards

    1. The board of each school district shall set standards for the acceptance and denial of applications for admittance under open enrollment as provided in section 15.1-31-08. The standards may address the capacity of a program, grade level, or school building. The standards may not address previous academic achievement, participation in extracurricular activities, disabilities, English language proficiency, or previous disciplinary proceedings.

    2. A board may determine that applications for admittance under open enrollment, in accordance with this chapter, will not be considered only if there is a lack of capacity in a program, grade level, or school.

    3. a. A school district participating in an open enrollment program may not give or offer to give a student remuneration, or directly exert influence on the student or the student's family, in order to encourage participation in the open enrollment program. The actions prohibited under this subdivision do not include providing informational materials about the program.

    b. If the members of the board of a school district believe that another school district has violated this subsection, the board may file a complaint with the superintendent of public instruction. Upon receipt of a complaint alleging a violation of this subsection, the superintendent of public instruction shall hold a hearing and accept testimony and evidence regarding the complaint. If the superintendent finds that a school district has violated this subsection, the superintendent may withhold some or all of the state aid payments to which the district would be otherwise entitled for a period of one year from the date of the finding. A decision by the superintendent under this subsection is appealable to the state board of public school education. A decision by the state board of public school education is final.[2]

    		”

    Charter schools

    See also: Charter schools in North Dakota, How does North Dakota compare to other states on school board authority over charter schools?

    North Dakota is one of 10 states that do not give local school boards any authority over whether charter schools are issued in their district.

    North Dakota state law lists the North Dakota Superintendent of Education as the sole authorizer for charter schools in the state.[18]

    Cellphone bans

    See also: How does North Dakota compare to other states on cellphone laws?

    North Dakota is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[19][20]

    North Dakota school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    Though North Dakota school boards are charged with compensating school personnel, the collective bargaining agreement between the Grand Forks School Board and the Grand Forks Education Association includes required compensation schedules for teachers involved in extracurricular activities. It also requires the board and the teachers union to agree on base pay or experience increment changes.[21]

    “

    The extracurricular weekly base pay is .85% (.0085) of the amount found in the BA/BS Step 1 cell of the Salary Schedule. The experience increment is $6.00 per week for each year of experience in a specific area not to exceed a maximum of fifteen (15) years of experience. The weekly experience increment may not exceed the weekly base pay. Out-of-district experience must have been earned while a certified employee of another school district in order to be recognized for experience increment. Changes in weekly base pay or the experience increment shall be mutually agreed to by the BOARD and the ASSOCIATION. The number of weeks for each activity will be established by the DISTRICT. The Extracurricular Salary Schedules are found in Appendices A-3 and A-4. [2]

    		”

    Parents' bill of rights

    See also: How does North Dakota compare to other states on Parents' Bills of Rights?

    North Dakota is one of 26 states that has a Parents' Bill of Rights.


    The statute holds that parents have the right to primary control over their children's education, among other provisions. The text is as follows:[22]

    “

    Parent's interest in child's upbringing.

    1. As used in this section, a "parent" means parent or legal guardian not including a school or other institution serving in loco parents.

    2. It is the public policy of the state that:

    a. A parent retains the right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's child;

    b. A child has the right to protection from abuse and neglect; and

    c. The state retains a compelling interest in preventing, assessing, investigating, addressing, and prosecuting abuse and neglect.

    3. This section may not be interpreted to supersede chapters 27 - 20.1, 27 - 20.2, 27 - 20.3, and 27 - 20.4.[2]

    		”


    How does North Dakota compare to other states?

    This section compares North Dakota's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[23]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • North Dakota Governor vetoes bill restricting school library content (2025): North Dakota Governor Kelly Armstrong (R) vetoed Senate Bill 2307 on April 24, 2025, blocking a law that would have required school districts to remove books deemed sexually explicit from school libraries or areas that are easily accessible to minors. Gov. Armstrong argued that the bill was a misguided attempt to legislate morality through what he called overreach and censorship, according to his veto message.[24]

    See also

    Footnotes

    1. ↑ Casetext, "N.D. Cent. Code § 15.1-09-33," accessed March 18, 2025
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ Casetext, "N.D. Cent. Code § 15.1-09-33," accessed March 18, 2025
    4. ↑ Casetext, "Chapter 15.1-21 - Curriculum and Testing," accessed March 19, 2025
    5. ↑ Casetext, "Curriculum - Critical race theory - Prohibited," accessed March 18, 2025
    6. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    7. ↑ Legiscan, "North Dakota House Bill 1205," accessed March 19, 2025
    8. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    9. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    10. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    11. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    12. ↑ National Center for Safe Supportive Learning Environments, "North Dakota School Discipline Laws & Regulations: Parental Notification," accessed March 19, 2025
    13. ↑ Casetext, "15.1-06-21- Transgender student accommodations," accessed March 19, 2025
    14. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    15. ↑ Justia, "Chapter 15.1-19 - Students and Safety," accessed March 18, 2025
    16. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    17. ↑ Casetext, "N.D. Cent. Code § 15.1-31-06," accessed March 19, 2025
    18. ↑ Legiscan, "North Dakota Senate Bill 2241," accessed April 23, 2025
    19. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    20. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    21. ↑ "Teacher Negotiated Agreement July 1, 2023 – June 30, 2025," accessed March 19, 2025
    22. ↑ North Dakota Legislature, "Parent's interest in child's upbringing." accessed March 18, 2025
    23. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    24. ↑ North Dakota Monitor, "North Dakota governor vetoes controversial library content bill," accessed May 28, 2025
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