North Dakota Administrative Code Title 67.1 - Education Standards and Practices Board
🔹 Overview: What is Title 67.1?
NDAC Title 67.1 governs the administrative rules adopted by the Education Standards and Practices Board (ESPB) in North Dakota. This board oversees the licensure, professional standards, and discipline of educators in the state.
The ESPB operates under authority granted by North Dakota Century Code (NDCC) Chapter 15.1-13, and the rules in Title 67.1 are the official regulatory framework implementing and enforcing that statute.
🔹 Purpose of the ESPB (Title 67.1)
The primary goals of Title 67.1 include:
Licensure of Teachers and Administrators
Establishing eligibility, qualifications, endorsements, and renewal processes.
Professional Standards
Defining ethical conduct, continuing education requirements, and performance expectations.
Discipline and Enforcement
Providing mechanisms to investigate, suspend, revoke, or deny licenses based on misconduct or incompetence.
Program Approval
Approving teacher preparation programs at North Dakota institutions.
🔹 Structure of Title 67.1 (Major Chapters and Rules)
1. Licensing of Educators
Rules here define:
Types of licenses: Initial, professional, provisional, interim substitute.
Endorsements: Based on subject matter or grade level.
Reciprocity: Recognition of licenses from other states.
2. Background Checks and Fingerprinting
Required for all applicants.
ESPB may deny licensure based on felony convictions or crimes involving moral turpitude.
3. Ethical Standards and Misconduct
Adoption of a code of professional conduct.
Grounds for license revocation include:
Immoral conduct
Fraud in licensure application
Drug or alcohol abuse
Inappropriate relationships with students
4. License Renewal and Continuing Education
Educators must complete specific professional development credits during each licensure period.
5. Disciplinary Proceedings
ESPB conducts investigations, hearings, and can take formal action against educators.
Educators are entitled to due process.
🔹 Legal and Constitutional Framework
The ESPB’s actions must be in accordance with both state and federal law. Here’s how legal principles and case law intersect with Title 67.1:
🔸 Relevant Legal Principles and Case Law
1. Due Process in Licensing
Key Principle: An educator has a property interest in their license once issued; it cannot be revoked without due process.
Case Example: Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985)
Public employees are entitled to notice and a hearing before being deprived of employment-related rights.
ESPB must provide formal procedures (notice, opportunity to respond, hearing) before suspending or revoking a license.
Application in ND: If the ESPB revokes a license without proper procedure, the educator can challenge on constitutional grounds.
2. Moral Character and License Denial
Key Principle: States may require teachers to demonstrate good moral character, but such standards must not be vague or overbroad.
Case Example: Slochower v. Board of Education, 350 U.S. 551 (1956)
Dismissal of an educator based on vague "moral disqualification" standards violates constitutional protections.
Application in ND: ESPB must clearly define what constitutes “immorality” or “unprofessional conduct” to avoid arbitrary enforcement.
3. Free Speech and Political Beliefs
Key Principle: Educators retain First Amendment rights, but these may be balanced against the interests of the school system.
Case Example: Pickering v. Board of Education, 391 U.S. 563 (1968)
A teacher cannot be disciplined for speaking on matters of public concern unless the speech disrupts school operations.
Application in ND: ESPB must carefully evaluate whether an educator’s speech (e.g., social media posts) affects fitness to teach before taking disciplinary action.
4. Equal Protection and Non-Discrimination
Key Principle: Licensing standards must be applied equally and without discrimination based on protected status (race, gender, religion, etc.).
Case Example: Yick Wo v. Hopkins, 118 U.S. 356 (1886)
Even if a law is neutral on its face, discriminatory enforcement violates the Equal Protection Clause.
Application in ND: ESPB must not deny or revoke licenses based on biased or unequal application of rules.
5. Substantive Review of ESPB Decisions
Courts will defer to the ESPB's expertise but can overturn decisions if:
The board exceeded its authority,
The decision was arbitrary or capricious,
Or it lacked supporting evidence.
Case Example: Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984)
Agencies interpreting their own statutes receive deference, but not if interpretation contradicts clear legislative intent.
Application in ND: ESPB must align all rules and disciplinary actions with the authorizing language of NDCC 15.1-13.
🔹 Hypothetical ND Case Example (for illustration)
Case: In re License of Jane Doe (ND Sup. Ct., hypothetical)
Jane Doe, a licensed ND teacher, had her license revoked by the ESPB for sending a politically charged email to parents. She argues this was free speech and unrelated to classroom performance.
Issue: Did ESPB violate her First Amendment rights?
Analysis: Applying Pickering, court finds her email was on a matter of public concern, but not disruptive.
Outcome: Revocation reversed. ESPB exceeded its authority.
🔹 Conclusion
NDAC Title 67.1 ensures that the Education Standards and Practices Board (ESPB) maintains a qualified, ethical, and accountable teaching workforce. However, its decisions and rules must:
Be grounded in statutory authority,
Respect educators' constitutional rights,
Provide fair procedures,
And be applied consistently and transparently.
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