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Public charter schools get strong support from North Dakota Senate • North Dakota Monitor [1]

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Date: 2025-02-20

A bill authorizing public charter schools in North Dakota cleared the Senate Thursday on a 40-7 vote. It will now advance to the House of Representatives, which previously was split on a similar bill.

Senate Bill 2241, sponsored by Sen. Michelle Axtman, R-Bismarck, received little pushback from lawmakers during floor debate. However, during the bill’s public hearing, education and public school associations raised concerns about diverting teachers and resources away from traditional K-12 schools, which could significantly affect rural school districts.

“Senate Bill 2241 is not about replacing, or reducing, the importance of our traditional public schools,” Axtman said. “It’s about expanding opportunities for students and families who are looking for another alternative public school option.”

She said, as part of their licensing agreement, charter schools would have to demonstrate that they have community support for their proposed locations.

“Without strong community support, a charter school simply will not open,” Axtman said.

Sen. Larry Luick, R-Fairmount, said he struggled to find the difference between public schools and public charter schools.

Axtman said there was very little difference. She added charter schools would have a specialized learning approach, they wouldn’t be able to levy local tax dollars for infrastructure, and they would be governed by an internal school board, not by a public school board.

Her bill would also prohibit charter schools from charging tuition or engaging in religious programming. It would also require the charter schools to meet or exceed public school academic and graduation benchmarks.

Public charter schools would be prohibited from accessing the school building fund and instead need to rely on per-pupil state aid payments, donations and federal grants.

“Improved student outcomes are the ultimate goal of our public education system and this bill provides another public school tool we can use to achieve this goal,” she said.

A fiscal note attached to the bill could not determine the financial impact for the state of establishing charter schools.

In a recent interview, Nick Archuleta, president of North Dakota United, a union representing teachers and public employees, said public schools are becoming more innovative by allowing more student schedule flexibility and incorporating career and technical education programs into their offerings.

During the committee hearing, members of the North Dakota Council of Educational Leaders, North Dakota Small Organized Schools and North Dakota School Boards Association told lawmakers they opposed the bill because it could create additional workforce strain at a time when some school districts are already struggling to recruit and retain staff.

Another public charter school bill, House Bill 1358, narrowly failed in the House chamber on Jan. 31. That bill 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.

Axtman’s bill does not provide a cap for the number of charter schools that can be established each year.

Lawmakers also are considering other bills related to Education Savings Accounts, with a vote expected soon on Axtman’s Senate Bill 2400.

The House has approved House Bill 1540 that would use money from the state’s general fund to help families pay for private school or private classes.

As the bill passed the House, Rep. Pat Heinert, R-Bismarck, urged action because the Trump administration is expected to supply funding to the states for school choice.

“If we do not pass a bill … we will then have to adopt the federal government’s guidelines,” Heinert said. “We know we don’t like their guidelines very much.”

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