NDSBA STANDING RESOLUTIONS

November 2009


NDSBA Standing Resolutions are adopted by the Delegate Assembly and are uniquely legislative. They are dropped after four years unless brought to the Delegate Assembly for reconsideration. NDSBA Beliefs and Policies are permanent philosophical, legislative, and operational statements established by the Delegate Assembly. They are amended only by the action of that Assembly. In order to view NDSBA's total legislative platform, please access both Standing Resolutions and Beliefs and Policies.

Major Categories - Click to go directly to that category
A. State Funding	E. Negotiations
B. Finance other than Funding	F. Program
C. Standards and Accountability	G. Board Authority and Board Meetings
D. Personnel	Resolution Format

Each resolution is coded to indicate status:

- These are less than four years old and STAND as a position of NDSBA.

- These will be four years old in 2009 and are scheduled to be DROPPED from standing resolutions unless brought to the floor by the Resolutions Committee or a delegate and readopted by the 2009 Delegate Assembly.

- These have had significant LEGISLATIVE or staff action and will be dropped or amended.

A. STATE FUNDING

COMMISSION ON EDUCATION IMPROVEMENT. NDSBA shall support the Legislature of North Dakota continuing to authorize and fund the North Dakota Commission on Education Improvement beyond the current sunset date established by the 61st Assembly of the Legislature.

Adopted in 2009.

REGIONAL EDUCATION ASSOCIATIONS. NDSBA shall support the State of North Dakota increasing financial support to REAs that are in place and work toward expanding resources available to these REAs so educational opportunities for students all across the state can be improved.

Adopted in 2005. Amended and readopted in 2009.

TAXING AUTHORITY OF THE STATE. NDSBA shall oppose any attempt to limit the taxing authority of the state.

Adopted in 2005. Readopted in 2009.

PERMANENT MECHANISM TO DISTRIBUTE SURPLUS SPECIAL EDUCATION DOLLARS. NDSBA shall support efforts to develop an appropriate funding level and provide a mechanism to distribute monies earmarked for special education back to school districts for which it was intended.

Adopted in 2008.

ND TEACHER OF THE YEAR PROGRAM. NDSBA shall support providing a line item in DPI’s budget for the North Dakota Teacher of the Year Program including the selection process, recognition event, and necessary travel for the honoree.

Adopted in 2008.

NO CHILD LEFT BEHIND ASSESSMENTS. NDSBA shall meet with the ND Department of Public Instruction and formally request that they develop and submit to the Department of Education for approval a growth model to measure Adequate Yearly Progress in the state of North Dakota which follows the bright-line principles of No Child Left Behind.

Adopted in 2007.

NON-EDUCATION FUNDS TO PROVIDE FOR SAFETY ISSUES INCLUDING SCHOOL RESOURCE OFFICERS AND HEALTH AND NURSING SERVICES. NDSBA shall seek legislation that commits additional non-education resources to provision of these necessary services so school districts may continue to provide for educational needs of students and receive support necessary to continue these very important non-educational services necessary to ensure safety and health of all students in the state of North Dakota.

Adopted in 2007.

COMMISSION ON EDUCATION IMPROVEMENT. NDSBA will encourage the Governor's Commission and the legislature to develop and establish a long-term solution for implementation of a formula that addresses both adequacy and equity, providing support, and holding school districts harmless from changes in the formula through the next several legislative processes.

Adopted in 2006.

FUNDING ADEQUACY, BOARD TAXING AUTHORITY, AND PROPERTY TAX REDUCTIONS. NDSBA will support direct state funding of K-12 education at a level adequate to reduce reliance on local property taxes.

Adopted in 2006.

10.

AFTER-SCHOOL PROGRAMMING. NDSBA will support legislation that will allow all school districts in North Dakota an equal opportunity to participate with after-school programming.

Adopted in 2006.

11.

K-12 FUNDING ADEQUACY. NDSBA will take a lead role in discussions on what a commitment to "adequate funding" requires of the state to meet its obligation to its students.

Adopted in 2003; readopted in 2007.

12.

STATE TECHNOLOGY INFRASTRUCTURE MAINTENANCE AND OPERATION. NDSBA believes the cost of maintaining, supporting, and enhancing this system should continue to be financed with state dollars and there should be no transfer of the cost associated with this network back to the local school districts.

Adopted in 2004; readopted in 2008.

13.

STATE FUNDING OF SPECIAL EDUCATION AND GIFTED AND TALENTED PROGRAMS. NDSBA supports the state ensuring program funding equity and full funding of special education costs to districts including gifted and talented education.

Adopted in 2004; readopted in 2008.

B. FINANCE OTHER THAN FUNDING

TUITION REIMBURSEMENT. NDSBA will support legislation that requires the superintendent of public instruction to remit the amount withheld from state aid equal to the unpaid tuition to the admitting school district as payment of tuition within a timely manner.

Adopted in 2006.

SALES AND USE TAX EXEMPTIONS OF SCHOOL CONSTRUCTION SUPPLIES AND MATERIALS. NDSBA will support the state making supplies and materials purchased by school districts through contracts with contractors for construction projects exempt from sales and use tax.

Adopted in 2003; readopted in 2007.

C. STANDARDS AND ACCOUNTABILITY - There are no standing resolutions in this category at this time.

D. PERSONNEL

HIRING IN DIFFICULT-TO-FILL POSITIONS. NDSBA shall support legislation that provides flexibility for school boards to hire off the salary schedule, without reference to the negotiated agreement, when necessary to hire in an area required for school approval or accreditation.

Adopted in 2005. Amended and readopted in 2009.

NATIONAL CERTIFICATION OF TEACHERS. NDSBA will promote, encourage, and support a greater involvement of educators from North Dakota in the National Certification Program.

Adopted in 2006.

TEACHER MENTORING PROGRAM. NDSBA will promote, encourage, and support greater involvement by local school districts and REAs in developing mentoring programs.

Adopted in 2006.

RETENTION INCENTIVES. NDSBA shall seek legislation that allows for incentive payments, outside the negotiated agreement and off the salary schedule, for the retention of teachers in difficult-to-fill positions with such payments considered as salary for continuing contract purposes at the discretion of the board.

Adopted in 2002; readopted in 2006.

TEACHER NONRENEWAL. NDSBA will seek legislative changes that would provide that any teacher newly hired after August 15 would be excluded from the continuous contract and would be covered by the provisions of NDCC 15.1-15-03.

Adopted in 1995; amended in 1999; amended in 2003; readopted in 2007. 2005 legislation exempts teachers and administrators (except superintendents) hired after January 1 from nonrenewal rights.

E. NEGOTIATIONS

COLLECTIVE BARGAINING. NDSBA shall oppose legislation mandating school boards to collectively bargain with employees other than those currently required by 15.1-16-01: “…public school employee(s) licensed to teach by the ESPB or approved to teach by the ESPB and employed primarily as a classroom teacher.”

Adopted in 2008.

REMOVING COMPENSATION FROM NEGOTIATIONS. NDSBA shall support legislation amending the collective bargaining law to exclude compensation.

Adopted in 2007.

F. PROGRAM

NINTH GRADE ALTERNATIVE SCHOOLING. NDSBA shall seek changes in eligibility for attendance in alternative high school programs contained in Agency Rules 67-16.01 from "students must be from the ages of 16 to 21," to "students must be at least at 9th grade level or age 16 and not older than 21."

Adopted in 2007.

MANDATORY ATTENDANCE AGE. NDSBA will seek legislation that requires students to remain in school until they acquire the proficiencies required for graduation or until they reach the age of 18.

Adopted in 2006.

INFORMATION ABOUT JUVENILE OFFENDERS. NDSBA will seek legislation that requires juvenile authorities to inform the principal or other appropriate administrator of a school where a juvenile is or will be enrolled if school attendance is a condition of disposition.

Adopted in 1996, readopted in 2000. 1997 legislation provides for such notification if the juvenile is adjudicated to have committed certain acts. 2001 legislation allows for school law enforcement units and allows a more free exchange of information but still does not require the juvenile authorities to give information. Amended and readopted in 2004. Readopted in 2008.

G. BOARD AUTHORITY AND BOARD MEETINGS

TAXING AUTHORITY OF SCHOOL BOARDS. NDSBA shall oppose any attempts to further limit or eliminate the taxing authority of school districts without significant net gains to all districts through state funding sources.

Adopted in 2005. Readopted in 2009.

PUBLISHING MINUTES. NDSBA will support legislation and seek sponsorship for legislation which would amend the requirement that school boards pay to publish minutes as defined in NDCC 15.1-09-31 to include the estimated publishing cost on the ballot.

Adopted in 1991, amended and readopted in 1995 and 1999; amended and readopted in 2003; readopted in 2007.

POSTING OF BILLS IN AN ALTERNATE FORMAT. NDSBA shall support state law changes to allow school districts the flexibility to post their bills using an electronic format such as the district's Website.

Adopted in 2004. Amended and readopted in 2008.

H. PRIVATE SCHOOLS/CHARTER SCHOOLS - There are no standing resolutions in this category at this time.

I. ELECTIONS - There are no standing resolutions in this category at this time.

J. NDSBA - There are no standing resolutions in this category at this time.

K. MISCELLANEOUS - There are no standing resolutions in this category at this time.

Format to submit proposed resolutions to NDSBA:

RESOLUTION SUBMITTED BY THE ____________ SCHOOL BOARD

A resolution to ............... (wording of resolution)

Whereas ...............
Whereas ...............
Whereas ...............
(explanatory and rationale statements)

Therefore be it resolved that NDSBA ................. (restating of the resolution language)

(signature)
(title)
(address)
(city, state, zip)
(phone number)