This article is part three of a mini-series documenting the seven bills that Governor Burgum vetoed in the 2023 legislative session. For the other articles, click here.
Representative Claire Cory, Senator Todd Beard, Senator Randy A. Burckhard, Senator David Hogue, Representative Jim Kasper, Representative Keith Kempenich, Representative Mike Lefor, Senator Scott Meyer, Representative Mike Nathe, Representative Todd Porter, Representative Michelle Strinden, and Senator Michael A. Wobbema
The superintendent of public instruction shall establish and administer an educational reimbursement program to reimburse qualified schools for qualified education expenses of program participants.
To participate in the program:
a. The parent of an eligible child shall request a program form for the school year from a qualified school in which the eligible child is enrolled; and
b. Upon receiving the parent's program form, the qualified school shall:
(1) Certify to the superintendent of public instruction proof of the eligible child's
enrollment at the school; and
(2) Request program funds for the eligible child's qualified education expenses.
For each eligible school program form received, the superintendent of public instruction shall pay to the qualified school in which the eligible program participant is enrolled a sum not less than fifteen percent and not more than thirty percent of the per - student payment rate under subsection 3 of section 15.1 - 27 - 04.1.
A qualified school that receives funds under this chapter may use the funds only to offset the cost of qualified education expenses the program participant or parent would otherwise be obligated to pay.
If a program participant is enrolled in a qualified school for less than an entire school year, the qualified school must return to the superintendent of public instruction the funding provided under this chapter for that school year, reduced on a prorated basis, to reflect the shorter enrollment period. The superintendent of public instruction shall deposit with the public school district in which the program participant resides any funds returned under this section.
House Bill 1532 appropriates $10 million in state-collected tax dollars for the purpose of offsetting tuition costs for students attending nonpublic K-12 schools. These dollars would be paid directly to private schools.
Our administration supports school choice and believes that competition can improve outcomes in the K-12 education system, just as competition forces businesses to continually improve their goods and services in order to survive and thrive in a changing economy. As North Dakota explores a path toward improved outcomes in our K-12 education system, we commend the sponsors and supporters of HB 1532 for championing change and school choice. North Dakota needs school choice for all parents, regardless of income or Geography.
However, in its final amended form, this bill is not the comprehensive solution we need. It falls short of meaningfully enhancing school choice – especially in rural areas far from any existing nonpublic schools – and lacks incentives to expand nontraditional options in K-12 education. The bill also lacks public transparency and accountability standards for the actual use of the proposed tuition offset payments.
Also, this bill as written would not go into effect until July 1, 2024, just six months before the next legislative assembly convenes in regular session. By utilizing the upcoming interim to explore best practices through school choice, competition and innovation in education, we can create a more comprehensive policy that empowers parent choice, improves outcomes for students and provides a greater return on investment of taxpayer dollars. Other states such as Arizona and Iowa have made great strides in passing transformational legislation aimed at producing better outcomes in education. Senate Bill 2284, still pending in the Legislature, would require such a study.
Finally, our objection to this bill is not related to its cost. The state spends 100 times more per year on public schools than is proposed in this bill for tuition offsets for students who attend nonpublic schools – and our K-12 public school system will receive record levels of state funding in the 2023-2025 biennium.
Simply put, HB 1532 does not go far enough to promote competition and expand choice in K-12 education. If not done correctly now, this bill could impede our ability to expand school choice in a meaningful way in the years ahead.
For the reasons stated above, House Bill 1532 is vetoed.
Representative Todd Porter, Representative Glenn Bosch, Representative Dennis Johnson, Representative Mike Lefor, and Representative Austen Schauer
Unless otherwise specifically provided by law, all votes of whatever kind taken at any public meeting governed by the provisions of section 44-04-19 must be open, public votes, and all nonprocedural votes must be recorded roll call votes, with the votes of each member being made public at the open meeting. Procedural votes must be recorded roll call votes upon the request of any member of a governing body holding a meeting subject to this section. As used in this section, "nonprocedural" should be broadly interpreted and includes all votes that pertain to the merits of the matter before the governing body.
Governing bodies across North Dakota, including the Legislature, are bound by N.D.C.C. 44-04-21, which states “all votes of whatever kind taken at any public meeting … must be open, public votes, and all nonprocedural votes must be recorded roll call votes, with the votes of each member being made public at the open meeting.”
Floor testimony on House Bill 1463 stated the Legislature currently is in violation of this law because not all amendments receive a recorded roll call vote. However, rather than simply comply with the law, the Legislature has opted to change the law to suit its current practice. House Bill 1463 would exclude the Legislature from the legal requirement to hold recorded roll call votes on all nonprocedural votes relating to the consideration of an amendment by a legislative committee or the full legislative assembly during a legislative session.
Existing North Dakota law (N.D.C.C. 44-04-21) states that “ ’nonprocedural’ should be broadly interpreted and includes all votes that pertain to the merits of the matter before the governing body.”
House Bill 1463 would allow the Legislature to adopt far-reaching amendments affecting the central policy or fiscal impact of a bill without affording the public the accountability of a recorded roll call vote. If enacted, this bill would deny the public the transparency essential to good governance.
For building public trust and confidence in our system of government, the Legislature should embrace and comply with existing North Dakota open meetings law.
For the reasons stated above, House Bill 1463 is vetoed.
This article is part three of a mini-series documenting the seven bills that Governor Burgum vetoed in the 2023 legislative session. For the other articles, click here.
