A BILL for an Act to create and enact a new section to chapter 15.1-01 of the North Dakota Century Code, relating to establishing a grant program for the education of nonbeneficiary students attending tribally controlled schools; and to amend and reenact section 54-40.2-02 of the North Dakota Century Code, relating to authorization for public agencies and tribes to enter an agreement.
Summary
HB 1565 would create a new state grant program for tribally controlled schools to help cover the cost of educating “nonbeneficiary students,” defined as students who are neither enrolled members of a federally recognized tribe nor biological children of descendant tribal members. The bill directs the superintendent of public instruction to provide grants to eligible tribally controlled schools for this purpose.
The bill also amends North Dakota’s tribal-government agreement statute to add specific requirements when a school district is considering an agreement with a tribal government, or when an agreement would allow students to enroll in a school district from a tribally controlled school receiving federal funding under the Tribally Controlled Schools Act. In those cases, the school district must preserve its board’s identity and decisionmaking authority, notify the superintendent of public instruction, and consider any written recommendations from the superintendent.
Impact
If enacted, HB 1565 would have added a new state funding mechanism within chapter 15.1-01 of the North Dakota Century Code and expanded the state’s role in supporting tribally controlled schools that educate students who are not tribal beneficiaries. It would also have modified section 54-40.2-02 to impose additional procedural safeguards and notice requirements on school districts entering agreements with tribal governments, especially where student enrollment arrangements are involved. The bill would have affected the superintendent of public instruction, tribally controlled schools, school districts, and tribal governments.
Sentiment
The bill appears to have had limited support in the House, where it failed on second reading by a vote of 16-74. No committee transcript is available, so there is no recorded floor or committee debate to indicate broad support or opposition themes beyond the vote itself. The decisive defeat suggests the chamber was generally unsupportive of the proposal as introduced.
Contention
The main point of contention likely centered on whether the state should create a grant program for educating nonbeneficiary students at tribally controlled schools, including the scope of state financial responsibility and how those students are defined. The amendment to school-district/tribal agreements may also have raised concerns about state oversight, local control, and the balance of authority between school boards, the superintendent, and tribal governments. Because the bill failed overwhelmingly and there are no transcripts, the specific arguments for and against it are not documented in the provided record.