BISMARCK — The North Dakota House of Representatives on Monday, April 21, sent an income-based school choice bill to the governor, backing a program that would provide public funds for private school tuition based on family income.
House Bill 1540 is on its way to the governor’s desk — barring a vote to reconsider the legislation — after the House voted to concur with Senate amendments that cut the cost of the bill in half by changing the dispersal of funding to a graduated model based on a family’s income.
ADVERTISEMENT
Under the bill, households that have an annual income less than or equal to 200% of the federal poverty line would be eligible to receive 35% of the state's per-pupil payment amount, or roughly $3,900, to be used on qualified educational expenses. Those that fall between 200% and 400% would be eligible to receive 20% of the state's per-pupil payment amount, or roughly $2,200, and those whose household incomes fall at 400% or more of the federal poverty line would be eligible to receive 10% of the state's per-pupil payment amount, or roughly $1,107.
The program would be limited to children attending private schools.
The Senate passed the bill in a 27-20 vote after an hour of debate on the floor. Multiple senators said they felt the bill was the “wrong vehicle” for school choice or that they hoped problems in the bill would be worked out in a conference committee. With the House’s vote to concur, there will be no conference committee on HB 1540.
The bill’s sponsor, Rep. Ben Koppelman, R-West Fargo, said he “wasn’t the happiest” with the tiered approach to funding the Senate added to the bill but was supportive of the measure as a whole and felt that the tiers could be addressed in the future. He said the bill would be a building block for future expansion.
“I think we're establishing quality policies that will last beyond this session,” Koppelman said. “As the policy is successful, we'll end up seeing that the body will put more money into it. We'll know how many people want to use it, how successful it is.”
Nick Archuleta, president of ND United — a union representing teachers and public sector employees — said there was a chance the measure would be reconsidered and said it was not truly a “school choice” bill because it gives money to private schools, which “can discriminate against any child they want for any reason they want.”
“Private schools don't have the same obligation, the same constitutional obligation that public schools have,” Archuleta said. “We educate every child that walks, runs, rolls or gets carried through a schoolhouse door. That's our obligation. That's also our privilege. Private schools don't have that.”
ADVERTISEMENT
“Private schools don't have the same obligation, the same constitutional obligation that public schools have,” he said. “We educate every child that walks, runs, rolls or gets carried through a schoolhouse door. That's our obligation. That's also our privilege. Private schools don't have that.”
School choice bill that would be available to all students gets nixed
The other of the two surviving bills, Senate Bill 2400, introduced by Sen. Michelle Axtman, R-Bismarck, would set up an ESA program accessible for all students in North Dakota regardless of whether they attend public school, private school or are homeschooled.
Axtman attempted to amend her bill in the House Education Committee on Monday in response to the passage of HB 1540, but the committee voted not to consider her amendment.
She told the Tribune that her amendment would have made SB 2400 compatible with HB 1540 by offering it to any North Dakota students who were not already enrolled in an ESA program. It would have provided them $500 to use on a digital marketplace toward educational expenses such as tutoring or supplemental materials.
Her bill received a recommendation not to pass from the House Education Committee.
“My goal is always to create — it was from the very beginning — to create a program that applies to all North Dakota students regardless of where they go to school,” Axtman told the Tribune. “ So I, of course, I'm disappointed that right now it doesn't seem like we'll be going down that track, but we'll see where we end up.”
Axtman said there are still avenues available if the House wanted to adjust her bill to rework it to make it more complementary to the bill that passed.
ADVERTISEMENT
Charter school bill signed by governor
Another of Axtman’s bills, SB 2241, was signed by the governor on Monday. The bill creates a framework for establishing public charter schools in North Dakota.
The charter schools would be part of the state’s public education system, so they would not be allowed to engage in any religious practices or curriculum, discriminate in any way in admissions processes, and must meet or exceed state academic and graduation requirements.
Supporters of charter schools say they can provide different academic models from traditional public schools, such as dual language programs or specialized learning programs for at-risk youth.
The state superintendent of public instruction would be responsible for reviewing and approving all applications for charter schools in North Dakota.
“Expanding school choice is a win-win for North Dakota families and for our state’s workforce and long-term success,” Gov. Kelly Armstrong said in a released statement. “The public charter schools authorized by this bill can drive innovation, improve student outcomes and increase parent satisfaction.”
All three bills are part of a push for greater school choice that both legislators and the governor have said is a priority this session.
The Trust Project
