Charter school bill narrowly fails in North Dakota House; Senate considers similar bill

A bill to establish public charter schools narrowly failed in the North Dakota House, but a similar proposal is being vetted by the Senate.

House lawmakers on Friday voted 45-44 in favor of House Bill 1358, which would have allowed up to 27 public charter schools to be established by 2029. The proposal called for the new charter schools to receive the same per pupil payment that other public K-12 schools receive.

The measure required at least 48 votes to advance. Because five members were absent Friday, supporters hoped to bring the bill back for reconsideration Monday. But a vote to reconsider failed, effectively killing the bill in the chamber.

North Dakota is one of five states that doesn’t allow charter schools.

Proponents argued the bill offered parents a choice.

Debate over public charter schools begins in North Dakota Legislature

“This opens a door up for people that can’t afford to go to a private school, can’t afford to go to a parochial school, or their kids are just dealing with some social issues and it’s harder for them to be in a big public school,” said Rep. Desiree Morton, R-Fargo. 

Opponents said the Legislature has already awarded innovation grants to school districts to provide new educational opportunities.

“We heard testimony upon testimony about schools that are working on innovation and working hard,” said Rep. Pat Heinert, R-Bismarck. “Let our schools utilize the innovation grants they’ve received.”

After the bill failed to advance, Rep. Eric Murphy, R-Grand Forks, chief sponsor of the bill, said he believed the vote reflected a lot of protectionism by some lawmakers for their smaller, rural school districts.

Meanwhile, a separate public charter school bill had a public hearing in the Senate on Monday morning.

Senate Bill 2241 would establish a framework for public charter schools in North Dakota while ensuring high standards, financial accountability and customized academic programs, said bill sponsor Sen. Michelle Axtman, R-Bismarck.

She said the bill requires charter schools to meet or exceed academic and graduation requirements for traditional schools through performance agreements with the Department of Public Instruction. The charter schools would not be able to engage in religious practices or curriculum and would be open to all North Dakota students, she said.

“They follow all state, local and federal special education laws and regulations,” Axtman said. “They follow the same school finance laws and regulations, including audits. And all audits will be sent to the state superintendent.”

Her proposal says charter schools may not charge tuition. Charter schools would be funded through the state’s per pupil payments for enrolled students, donations and federal grant programs. A lottery would decide final enrollment for charter schools if student applications are greater than the school’s capacity, she said.

Charter schools would not be able to use the state’s school building fund. They would have to rely on grants and donations to build or lease facilities.

Nick Archuleta, president of North Dakota United, a union representing teachers and public employees, questioned the need for charter schools when public schools are already pivoting to offer more flexible programs.

“Programs have been implemented in some school districts which allow students to finish required coursework earlier in their academic careers so they can job shadow, or intern, in their expected career field,” Archuleta said. 

The North Dakota Council of Educational Leaders, North Dakota Small Organized Schools and North Dakota School Boards Association also oppose charter schools. 

The groups told lawmakers they worry the new schools would make ongoing workforce issues more challenging. They also said the loss of students could affect school budgets and hoped the lawmakers would instead increase their previous support of innovating within the public school system.

Assistant Senate Minority Leader Sen. Josh Boschee, D-Fargo, a member of the Senate Education Committee, said public charter schools are a new concept for him, but he is curious.

“I truly believe it would be a monumental shift for public education in the state,” Boschee said. 

He said the biggest hurdle in his mind is smaller school districts losing students to the new charter schools because about 10 students equals about $100,000 in state aid.

The committee didn’t take immediate action on the bill.

Axtman said the more people are learning about charter schools, the more supportive they become.

“I think it’s very clear to everyone that this is a North Dakota bill,” Axtman said. “I think this has a high chance of making it all the way.”