AGO 85-43.

CourtNorth Dakota
North Dakota Attorney General Opinions 1985. AGO 85-43. Office of the Attorney General State of North Dakota Opinion No. 85-43Date Issued: November 25, 1985Requested by: Dr. Wayne G. Sanstead Superintendent of Public Instruction--QUESTION PRESENTED-- Whether the superintendent of public instruction has the authority to promulgate administrative rules providing the method by which parochial and private schools shall be deemed to be approved as provided in N.D.C.C. § 15-34.1-03.--ATTORNEY GENERAL'S OPINION-- It is my opinion that the superintendent of public instruction has the authority to promulgate administrative rules providing the method by which parochial and private schools shall be deemed to be approved as provided in N.D.C.C. § 15-34.1-03. --ANALYSIS-- According to North Dakota's compulsory school attendance law, every parent, guardian, or other person who resides within any school district, or who resides upon any government base or installation without any school district, and has control over any educable child of an age of seven years to sixteen years shall send or take such child to a public school each year during the entire time such school is in session. N.D.C.C. § 15-34.1-01. The exception to this law is found in N.D.C.C. § 15-34.1-03 which provides that the parent, guardian, or other person having control of the child required to attend school shall be excused by the school board from causing the child to attend public school whenever it can be shown to the satisfaction of the board that the child is in attendance for the same length of time at a parochial or private school approved by the county superintendent of schools and the superintendent of public instruction. To be considered an approved school in North Dakota, the parochial or private school must have teachers certified in accordance with N.D.C.C. § 15-41-25 and Ch. 15-36. An approved school must also offer specific subjects as listed in N.D.C.C. §§ 15-38-07, 15-41-06, and 15-41-24, and must comply with all municipal and safety health, fire and safety laws, N.D.C.C. § 15-34.1-03(1). While this statute sets out the minimum requirements for school approval, the statute does not set out a method by which the superintendent can determine whether the school has complied with these requirements and, therefore, shall be approved. In other words, the statute...

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