Virtual Education Options in North Dakota

Establishing a Virtual Learning Policy
 

• If a district chooses to provide virtual instruction because of weather or other conditions, the district must have a policy.

• If a district operates a virtual school, the school board must create and adopt a local policy governing virtual instruction.

• If a district opts to offer semester or year-long virtual instruction using its own teachers or an external provider, without establishing a formal virtual school, adopting a policy is optional.

• If a district adopts a virtual instruction policy, the following administrative rules apply:
     o NDAC 67-30-01 – Virtual Instruction Because of Weather or Other Conditions Covers temporary delivery of virtual instruction due to inclement weather, emergency events, or other district-identified disruptions.
     o NDAC 67-30-02 – Virtual Courses and Virtual Schools
Governs planned virtual instruction delivered as full programs or individual courses through district-operated virtual academies or the NDCDE

District Responsibilities for Open Enrollment 

Statutory Authority:
NDCC 15.1-31 Open Enrollment

• Districts must not restrict student access to virtual learning options.

• Resident school districts cannot deny students open enrollment to an approved virtual school.

• The admitting district takes on all responsibilities for educating the student, including providing special education and related services.

• The district of residence must reimburse the admitting district for excess costs associated with special education services.

Statutory Authority

NDCC 15.1-07-25.4. Virtual learning
NDAC 67-30-02 Virtual Schools
NDCC 15-19-01. Enrollment of Students

Enrollment & Course Requirements

• A student's school district of residence is responsible for covering the required fees when the student chooses to enroll in courses through the NDCDE, as outlined in NDCC 15-19-01(3).

Districts may:
• Require virtual course registration to follow standard school course enrollment deadlines.
• Set a minimum number of courses required to be taken onsite, whether virtual or in person.
•Establish prerequisites before for students enrolling in sequential virtual courses.

Districts may not:
•Establish more rigorous or additional expectations for enrollment in NDCDE or other virtual instruction than would be expected for brick-and-mortar enrollment or other agreements.

Financial Responsibilities for Districts

Statutory Authority
NDCC 15.1-07-25.4. Virtual learning
NDAC 67-30-02 Virtual Schools
NDCC 15-19-01. Enrollment of Students

• If a school district does not offer a required course, the district must pay for the virtual course if it helps the student graduate on time.
•The student's school district of residence must pay for all course enrollments, even if that course is offered locally, if the student meets the local school district's policy requirements and enrollment guidelines. 
•Districts must notify students and their parents annually about available virtual courses through the NDCDE (NDCC 15-19-01.1).
•Districts may decide whether to pay for course retakes.

Funding Implications

Statutory Authority
NDCC 15.1-07-25.4. Virtual learning
NDAC 67-30-02 Virtual Schools

•Virtual instruction qualifies students for average daily membership in the school district.
•Students enrolled in approved virtual schools do not generate district size weighting factors under North Dakota’s school funding formula.

Statutory Authority
NDCC 15.1-07-25.4. Virtual learning
NDAC 67-30-02 Virtual Schools

Reporting Obligations for School Districts

The superintendent of public instruction must submit an annual report to the legislature on virtual learning outcomes for students enrolled in virtual schools.

• The report must compare academic performance between virtual and non-virtual students using the statewide PK-12 Strategic Vision Framework Goals.
•If the state cannot access academic performance data of virtual schools due to small group sizes, school districts must provide their own reports comparing virtual and non-virtual students using the statewide PK-12 Strategic Vision Framework Goals.

The 67th Legislative Assembly recognized that virtual learning is appropriate when the school building is not accessible. House Bill 1232 was signed into law and became NDCC 15.1-27-23. Weather or other conditions – Closure of schools – State aid payments to school districts. This law enables districts to conduct virtual instruction on a case-by-case basis. 

Key aspects of this option are:

• Districts must have a board policy in place to virtually instruct because of weather or other conditions.
• Scenarios in which virtual instruction because of weather can be used include:
  • Flood
  • Mold
  • Tornado
  • Carbon monoxide poisoning
  • Radon poisoning
  • Snow day or blizzard conditions
  • Water pipe break
  • Fire
  • Boiler-heating system failure
  • Infectious disease outbreak
• One or two families can participate in virtual learning because of extenuating circumstances.
• Virtual instruction under NDCC 15.1-27-23 provides students the ability to educate for a timeframe of nine to 18 weeks due to weather or extenuating circumstances. Extenuating circumstances include when some but not all students do not have access to the school building.
• When districts and schools utilize this option, they must remain cognizant of the school calendar and teacher-contracted work days.
• Virtual instruction can not be used during assessment days. For example, if a school is proctoring the ACT to juniors on a particular day, the school cannot have the rest of the student body virtually educated during this time. The school must open to all students. 

The 68th Regular Legislative Assembly passed, and the Governor signed into law House Bill 1132. HB 1132 provides more opportunities for a military-connected student, a student with a medical condition, or a student moving out of state to enroll early or remain enrolled and attend a North Dakota school by engaging in virtual instruction.

Key aspects of this option are:

• A school district may allow a military-connected student, a student with a medical condition unable to attend school physically, or a student moving out of state to enroll early or remain enrolled and attend school by engaging in virtual instruction.
• The period of virtual instruction permitted under this section may not extend beyond the current school year.
• If the board of a school district that operates a physical building chooses to provide virtual instruction under this section, the board shall adopt a local policy.
• A military-connected student engaging in virtual instruction qualifies for average daily membership in the school district.