The superintendent of public instruction shall approve any nonpublic high school having
an enrollment of fifty students or fewer, provided:
1. The school meets all statutory requirements regarding the subjects to be taught,
the length of the school year, and health, fire, and safety standards;
2. If the school uses telecommunications or other electronic means to deliver curricular
programs, the programs are prepared by individuals holding at least baccalaureate
degrees and delivered in the presence of an individual who holds a North Dakota professional
teaching license or who meets or exceeds the average cutoff scores of states that
have normed the national teacher's examination;
3. The school employs at least one state-licensed high school teacher to serve in
a supervisory capacity for each twenty-five students;
4. The average composite scholastic achievement test scores of students enrolled in
the school or the students' scores achieved on comparable standardized tests meet
or exceed the national average test scores; and
5. The school and its employees are governed by a board of directors that includes
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