Superintendent of Public Instruction Kirsten Baesler (N.D. Monitor)
BISMARCK, N.D. (North Dakota Monitor) – The Department of Public Instruction is encouraging North Dakotans to comment on rules for the state’s new public charter school policy ahead of a December hearing.
The public hearing for the new rules is Dec. 2 at the Capitol. The rules provide details and guidance as advocates develop plans for charter schools.
“We look forward to the public and legislative review of these proposed regulations,” State Superintendent Kirsten Baesler said in a statement Monday. “They provide the transparency and accountability for charter schools that North Dakota’s traditional public schools already have.”
The Department of Public Instruction must hold one public interview with each public charter school applicant, according to the rules.
The rules also require charter schools to have a plan to educate students with disabilities. New schools must submit annual reports on budgets, academics and operations.
Schools will also need to include written procedures for applications, enrollment and waiting lists.
Any public charter school that violates state law or their performance agreement may have their state education aid payments withheld, according to the new rules.
Performance agreements will be negotiated with the superintendent of public instruction that set academic standards, rules for operation and governing standards for the charter schools, the department said.
Nick Archuleta, president of ND United, a union representing teachers and public employees, said he was impressed with the amount of transparency built into the rules for establishing schools, but he also said some parts required more clarity.
Specifically, Archuleta said he wanted to see the “standardized rubric” the department plans on using to evaluate charter school applications.
“As much as I appreciate the transparency, I think it would be great for the public to see that rubric as well,” Archuleta said in an interview Monday.
The rules also have procedures that require a charter school to notify the department within 10 days of their decision to terminate operations.
Archuleta said he worried that 10 days may be too short.
“I would think that would have to be a month, or three months, or something on that order,” he said.
Archuleta encouraged educators, administrators, parents and the public to read through the rules and submit their comments ahead of the rules hearing.
State lawmakers passed Senate Bill 2241 during the 2025 legislative session, which authorized the state to establish public charter schools.
If approved, the new rules will go into effect April 1, 2026. Charter schools may then start submitting applications.
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