Section 67.1-01-01-02 - Duties of the education standards and practices board1.Standards for professional ethics, performance, and practices. The board continuously reviews the North Dakota educator's code of ethics and rules, standards, and procedures pertaining to licensure, teacher education program approval, and professional development of educators. The board will solicit input from the teaching profession and representatives of school administrators, school board members, teacher educator professors, and other interested citizens.2.Consideration of written complaints relative to code violations. Requests for an inquiry against any North Dakota licensed educator from any interested citizen will be heard by the board pursuant to procedure in North Dakota Century Code section 15.1-13-24 and herein.3.Board-initiated complaints. The education standards and practices board may initiate proceedings against any North Dakota licensed educator for cause as stated in North Dakota Century Code sections 15.1-13-25 and 15.1-13-26 or for violations of the educator's code of ethics.4.Complaint process for violation of North Dakota Century Code section 15.1-13-25. A complaint by a citizen against a teacher or administrator is made by submitting a completed request for inquiry form to the office of the education standards and practices board. a. A patron, a professional, or a district representative may obtain the request for inquiry forms and procedural guidelines from the office of the education standards and practices board.b. The form must be fully completed and signed by the complainant. Supporting documentation must be included at the time the request for inquiry is submitted.c. Upon receipt of the request for inquiry form, the board secretary shall transmit a copy with the supporting documentation to the affected educator by certified mail.d. The affected educator may submit an answer to the complaint within twenty working days from the day the certified mail is delivered. The answer must be sent to the board and may include supporting documentation. If the affected educator fails to file an answer, the allegations in the complaint will be deemed admitted and the board shall proceed to a hearing pursuant to North Dakota Century Code sections 15.1-13-24 and 15.1-13-25.e. Upon receipt of the response, or passage of the deadline for a response, the board secretary will place the request for inquiry on the agenda of the next meeting of the education standards and practices board or administrator's professional practices board for preliminary discussion.f. The board or administrator's professional practices board will review the written documents presented. No testimony will be heard at this time. Based upon the paper review, the board will determine the following:(2) To seek additional information.(3) To offer a settlement.(4) To initiate formal disciplinary action.g. If the board determines to initiate formal disciplinary action that may result in suspension, revocation, or other appropriate disciplinary action, the applicant may request a hearing, in writing.h. Hearings shall be conducted pursuant to North Dakota Century Code chapter 28-32.i. An educator who has had an educator's license revoked is not eligible to apply for relicensure for at least one year following the date the revocation order was signed by a board official, unless otherwise specified in the order.N.D. Admin Code 67.1-01-01-02
Effective July 1, 1995; amended effective October 1, 1998; March 1, 2000; August 1, 2002; July 1, 2004; April 1, 2006.Amended by Administrative Rules Supplement 2020-378, October 2020, effective 10/1/2020.General Authority: NDCC 15.1-13-08, 15.1-13-09
Law Implemented: NDCC 15.1-13-08, 15.1-13-24, 15.1-13-25, 15.1-13-26, 15.1-13-29