Bill would let state fund non‑beneficiary students at tribally controlled schools; amendment seeks to clarify agreement authority
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Summary
The House Education Committee heard House Bill 15-65 and an amendment to North Dakota Century Code section 54‑40.2‑02 to authorize agreements and funding to support non‑beneficiary students attending tribally controlled schools.
The House Education Committee heard House Bill 15-65, introduced by Representative Colette Brown, to establish a grant program and statutory authority for public agencies and tribes to enter agreements that would support the education of non‑beneficiary students attending tribally controlled schools.
"This legislation along with existing collaborative agreements recognize a vital importance of supporting these educational institutions ensuring that all students regardless of their tribal status have access to the education they deserve," Representative Colette Brown said when introducing the bill and an amendment to section 54‑40.2‑02 of the North Dakota Century Code.
Brown told the committee the amendment would remove ambiguous language and add clarifying provisions so tribally controlled schools can explicitly enter agreements with public school districts or the state for funding and administration. The proposed change would also require any agreement to "clearly specify the board of the school district will retain its identity and decision making authority while fulfilling its statutory duties in accordance with state law," language included in the amendment Brown offered.
Testimony from Duane Patra, who identified himself as a member of the Turtle Mountain Band of Chippewa and a school district business manager, outlined the broader context: he said there are roughly 11 Bureau of Indian Education (BIE)‑funded schools in North Dakota, of which about six are tribally controlled and eight have some form of collaboration with the state. Patra described funding differences that create a persistent fiscal disadvantage at some tribal schools.
"A lot of these tribal grant schools receive what is referred to as ISEP funding, which is roughly $7,500 per student," Patra said. "State funding and local tax authority generally produce a higher per‑pupil amount, often around $11,000, and tribal schools typically cannot levy local property tax to make up the difference."
Witnesses said Tate Topa School (Tate Topa/Tetetopa) currently educates about 42 non‑beneficiary students for which the estimated additional cost to the state would be about $762,000 if an agreement were enacted; Brown said the fiscal note for the amendment is not required unless an agreement is reached and the state accepts financial responsibility. Senator Richard Marsley also testified in support of the bill on behalf of districts that include Spirit Lake and Turtle Mountain.
Committee members asked whether the proposed language would affect existing agreements and whether the change preserved school‑district authority; witnesses said the amendment was drafted to add clarity and to avoid undermining agreements already in place. No committee vote on the bill or the amendment was recorded during the hearing; the committee closed the hearing and left the bill pending for future action.
If enacted and implemented, the amendment would permit a tribe and a public agency to enter into an agreement that could fund the education of non‑beneficiary students at tribally controlled schools, with terms to define oversight and fiscal responsibilities through the public school system.
