New rules governing North Dakota’s public charter schools will take effect April 1, opening the door for supporters to begin advancing proposals for the state’s first charter schools.
State School Superintendent Levi Bachmeier announced the regulations after a rulemaking process that followed the Legislature’s 2025 approval of public, tax-supported charter schools under Senate Bill 2241. The rules are intended to set academic and financial accountability standards while making clear that charter schools must provide services to students with disabilities and comply with state and federal special education requirements.
Under the law, charter school developers must negotiate performance agreements with the superintendent of public instruction. Those agreements will outline academic expectations and establish how each school will be governed and operated.
The application process will also require a public meeting for each proposal, giving state officials and community members an opportunity to ask questions before any charter is approved.
Because of the planning and logistics involved in opening a new school, North Dakota’s first charter schools are not expected to begin operating until fall 2027.
The charter model approved by lawmakers allows greater flexibility in instruction and governance, but only if schools meet the requirements spelled out in their performance agreements. Charter schools must employ licensed teachers, are eligible for state education aid tied to enrollment, and will not receive local property tax support.
The regulations were developed through a months-long process that included a public hearing in December 2025, a public comment period, review by the attorney general’s office and consideration by the Legislature’s Administrative Rules Committee earlier this month.
North Dakota became the 47th state to authorize charter schools when lawmakers approved the legislation last year, marking a significant expansion of school choice in the state.
The charter school regulations were part of a broader package of administrative rules from the Department of Public Instruction that also addressed school bus standards, special education, school construction loans, school district cooperative agreements, math teacher professional development and school building assessments.