A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century Code, relating to authorization of public charter schools.
HB 1358 would create a new chapter in North Dakota Century Code governing the authorization and operation of public charter schools. It assigns the superintendent of public instruction responsibility for developing the application process, reviewing applications, issuing initial approvals, entering charter contracts, setting renewal procedures, adopting rules, and revoking charters for noncompliance. The bill also places a statewide cap on the number of charter schools, limiting them to 12 in the 2025-26 and 2026-27 school years and 15 in the 2027-28 and 2028-29 school years.
To qualify for approval, an applicant would need to show experience as a successful charter operator, success serving at-risk students or dropout recovery populations, innovative programming, or good standing with the state superintendent. The bill also requires each charter holder to establish a governing board, with public meeting and recordkeeping requirements, and it bars charter holders from licensing the charter to another operator, including an education management organization. Charter schools would be subject to state assessments aligned with North Dakota standards and would be eligible for applicable federal funding, but they could not receive local tax revenue or charge tuition or most fees.
The bill changes state funding rules by directing the superintendent to calculate and distribute state aid based on enrollment and the per-student payment formula used for public schools. It also specifies that the state is not required to provide transportation to charter schools and that high-cost special education services remain a state responsibility when applicable. In addition, charter schools could participate in North Dakota high school activities association programs and seek cooperative sponsorships.
Overall, the bill appears to be a structural charter-school authorization measure rather than a narrow policy tweak, and its design suggests a controlled expansion of charter schooling under state oversight. Because no committee transcripts or recorded votes were provided, there is no documented debate or vote history to indicate formal support or opposition in the available materials. The bill’s framework, however, implies likely interest from school-choice supporters and likely concern from those wary of charter expansion, state funding impacts, or reduced local control.
The main points of contention are likely to involve whether North Dakota should authorize charter schools at all, how many should be allowed, how much autonomy they should have, and how they should be funded and governed. Potentially disputed issues include the prohibition on local tax funding, the lack of a state transportation obligation, the role of the superintendent in approval and revocation decisions, and the restriction on charter licensing to outside operators such as education management organizations.
HB 1358 would add a new chapter to Title 15.1 establishing a legal framework for public charter schools in North Dakota. It would expand the superintendent of public instruction’s authority over charter approval, renewal, oversight, and revocation, while also setting enrollment caps, governance requirements, funding rules, assessment obligations, and participation rules for athletics and activities. The bill would affect charter applicants, charter operators, the superintendent’s office, school districts, students, and state education funding formulas.
No committee discussion transcripts or vote records were provided, so there is no direct evidence of legislative debate or recorded sentiment in the available materials. Based on the bill text alone, the measure appears to reflect a generally supportive posture toward charter schools, but with significant regulatory guardrails and limits intended to control growth and oversight. The available record does not show formal opposition or support from members, but the subject matter is the kind that often draws both school-choice support and concerns about public-school funding and governance.
Likely points of contention include whether charter schools should be authorized in North Dakota, the statewide cap on the number of schools, and the extent of state control through the superintendent’s approval and revocation authority. Other likely disputes are the prohibition on local tax funding, the lack of a state transportation requirement, the ban on charter licensing to education management organizations, and whether charter schools should have equal access to public-school activities while operating under a separate governance model. These issues would most directly concern charter advocates, traditional public-school supporters, school districts, and state education officials.