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SB 2104

A BILL for an Act to create and enact a new section to chapter 15.1-02 of the North Dakota Century Code, relating to review by the superintendent of public instruction of school district compliance with education-related state law; and to amend and reenact section 15.1-02-04 of the North Dakota Century Code, relating to school district compliance with education-related law and rule.

69th Legislative Assembly (2025-26) Introduced by Todd Beard and 1 co-sponsor

ND would empower the state to review districts for compliance with education law, issue corrective actions, and potentially withhold or deduct funding for noncompliance.

Second reading, failed to pass, yeas 44 nays 47
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Bill Summary · SB 2104

Summary — SB 2104 (North Dakota) — Superintendent review of school district compliance

Status: Second reading, failed to pass — yeas 44, nays 47 (April 4, 2025).
Introduced: March 7, 2025. Sponsors: Sen. Beard; Rep. Tveit. (Note: the legislative record included an unrelated Illinois bill also numbered SB2104; this summary focuses on the North Dakota bill and committee/engrossed texts provided.)

Purpose / intent

SB 2104 would expand and clarify the authority and duties of the North Dakota Superintendent of Public Instruction to review school districts for compliance with “education‑related state law,” provide and publish guidance, and take corrective actions — including financial penalties in some versions — when districts do not comply. The aim is to create a formal complaint/review procedure and an enforcement path to ensure districts follow state education statutes and rules.

Key provisions

  • Amend Section 15.1‑02‑04 (superintendent duties, effective after Dec. 31, 2024):

    • Adds an explicit duty to provide guidance to school districts to promote compliance with state and federal education law and to publish that guidance on the Department of Public Instruction (DPI) website.
    • Authorizes the superintendent to review a school district to verify compliance with education‑related state law and to issue corrective action(s).
    • Provides authority, in some draft language, to withhold or deduct state funding when specified noncompliance conditions occur.

  • Create a new section in chapter 15.1‑02 establishing a formal review procedure:

    • Definition: “education‑related state law” = Title 15.1, except chapters 15.1‑15 and 15.1‑16, unless an alternate enforcement mechanism exists.
    • Triggers for review: complaint/allegation submitted to the superintendent; a resolution by a school board (or the state board) alleging noncompliance; request by a county superintendent or school district superintendent; or the superintendent’s own discretion.
    • Notice and investigatory steps: superintendent must notify the affected district (superintendent and board), describe alleged noncompliance, provide any submitted documentation, and state the anticipated scope/timeline of the review; request and review information from the district; investigate as necessary.
    • Timeline and outcomes: within a set period (engrossed text uses “no later than 90 days” after notification) the superintendent must either (a) issue a corrective action with a compliance timeline and remedial steps, or (b) close the matter and notify the district in writing.
    • Escalation: if a district fails to comply with corrective actions, the superintendent may issue a warning and — under some versions — impose financial penalties (e.g., deducting 2% of state payments to the district in the school year for each guidance letter issued after the first), or withhold funding when specified conditions occur. (Language varies between introduced, committee, and engrossed drafts.)

Who is affected

  • Primary: all North Dakota public school districts, their superintendents and local school boards.
  • Secondary: county superintendents, the State Board of Public School Education, and the Department of Public Instruction (DPI) (added responsibilities for investigation, guidance publication, and enforcement).
  • Financial impact: potential reduction or withholding of state aid to districts found noncompliant under the bill’s enforcement provisions.

Procedure / timeline aspects

  • Reviews may be initiated by complaints, board resolutions, county/district superintendents, or the state superintendent’s discretion.
  • The superintendent must notify districts and typically act within a statutorily specified period (engrossed text uses a 90‑day action window).
  • Repeated guidance letters may trigger automatic percentage deductions from state aid (per engrossed draft), but exact penalty mechanics differ across bill drafts.

Notes / caveats

  • Multiple drafts and amendments appear in the record; some enforcement details (exact triggers for funding withholding, timing, and percentage penalties) differ between introduced, committee, and engrossed versions. Portions of the bill text were truncated in the source materials. The bill did not pass final consideration (failed second reading, 44–47).

Compiled from official sources — confirm details with the bill’s official record.

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