BISMARCK, N.D., Nov. 3, 2025 – State School Superintendent Kirsten Baesler said Monday that new proposed rules for North Dakota public charter schools are available for public scrutiny and comment.
The rules are required by Senate Bill 2241, which the North Dakota Legislature approved in April. They provide more detail and guidance for charter school advocates as they develop the taxpayer-supported schools, which are allowed more operational and administrative flexibility than traditional public schools.
SB2241 requires public charter schools to negotiate agreements with the superintendent of public instruction that will set out academic performance standards, as well as regulate their operations and how they are governed.
“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 rules require a public hearing, a review by the Legislature’s Administrative Rules Committee, and vetting by the attorney general’s office. They are tentatively scheduled to take effect April 1, 2026. Once they are in place, charter school supporters may begin submitting school applications to the Department of Public Instruction.
The NDDPI is holding a public hearing on the public charter school rules at 9:30 a.m. Tuesday, Dec. 2, in the Brynhild Haugland Room of the state Capitol.
They are part of a package of administrative rules that also affect school bus standards, special education, school construction loans, school district cooperative agreements, professional development for math teachers in grades kindergarten through eight, and school building assessments.
Comments about any of the proposed rules may be sent to Jim Upgren, assistant director of school approval and opportunity for the Department of Public Instruction, at jimupgren@nd.gov, or by calling 701-328-2244. The comment deadline is 5 p.m. Central time on Monday, Dec. 15, 2025.
The public charter school rule provisions include:
- The Department of Public Instruction must conduct at least one public interview to question each charter school applicant about their proposal.
- Public charter schools will have ongoing monitoring by the NDDPI, and they must submit annual reports on their academic results, budgets and operations.
- Schools must have written procedures for applications, enrollment, and managing any waiting lists.
- Schools that do not comply with state law, rules, or the charter performance agreement may have state aid payments withheld until they comply.
Until this year, North Dakota was one of the few states that did not allow charter schools. Nebraska, South Dakota and Vermont still do not. The National Alliance for Public Charter Schools says there are more than 8,000 charters nationwide, with an enrollment of almost 3.9 million students.
Text links:
North Dakota Senate Bill 2241: https://tinyurl.com/2uk5sjd8\
ND Department of Public Instruction notice of rule changes: https://tinyurl.com/4npzu3wv
Draft rules on public charter schools and other subjects: https://tinyurl.com/36vk7xv9