Attorney General Wayne Stenehjem said Thursday that North Dakota high schools still are allowed to require more than the state minimum for a diploma.
The question came up after the Legislature passed House Bill 1400 last year, a bill that amended a section of the North Dakota Century Code and, in the process, removed the phrase "at least" that previously had allowed local school districts to set their own higher graduation standards.
In his ruling, Stenehjem said it "could be argued," based on the section language alone, that the Legislature wanted to set 22 credits as both the minimum and maximum that schools could require. But he ultimately decided there was ambiguity in the section and in other laws on the books, leading to his decision that legislators did not intend to make the change.
"Therefore, a school district may require a student to successfully complete more units of coursework in order to graduate," he said.
The basis for his ruling -- and the thing that prompted an opinion request last month from state representative Lois Delmore from Grand Forks -- came down to legislative intent. Delmore said she was pleased with the decision and said it shows the Legislature was not trying to change a long-standing state policy.
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"I think especially in a time when we're talking rigor in schools we want to have the local school districts make those kinds of decisions," she said.
Delmore, a Grand Forks high school teacher herself, said the ruling is important as districts plan for the next school year because the change would impact what classes are offered and also affect school staffing levels. Without Stenehjem's opinion, the change would have gone into effect on July 1.
She discussed the ruling Thursday with fellow legislators and said they also felt the ruling backs up their claim that they never meant to make the change.
"They agreed with me that the intent of the law that we voted on did not have a minimum and a maximum, and if it had it should have been explained," she said.
Johnson reports on local K-12 education. Reach him at (701) 780-1105; (800) 477-6572, ext. 105; or send e-mail to rjohnson@gfherald.com .
