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State superintendent urges Legislature to set rules after federal executive order on ‘education freedom’
Summary
State Superintendent Kirsten Basler told the Senate Education Committee that a presidential executive order issued Jan. 29, 2025 directs federal agencies to consider using discretionary and formula funds to expand education-choice programs, and she urged the Legislature to set state rules to prevent a regulatory vacuum.
State Superintendent Kirsten Basler told the Senate Education Committee that a presidential executive order issued Jan. 29, 2025 on expanding “educational freedom and opportunities for families” directs multiple federal agencies to consider program options and could leave a regulatory gap unless North Dakota lawmakers establish state parameters this session.
Basler said the White House order instructs two things of the U.S. Department of Education: within 60 days the department must issue guidance about how states might use federal formula funds for education‑choice initiatives, and within 90 days multiple federal departments must produce a plan to use discretionary grant dollars for similar purposes. “If the North Dakota legislature does not establish state‑specific expectations, such as assessment requirements, reporting structures, and program guidelines, the department will be then forced to default to the federal regulations that may not align with our state's priorities,” Basler told the committee.
Basler said she is not advocating for or against particular models of school choice, but urged legislators to consider creating guardrails so taxpayer funds are used with clear transparency and accountability. She told senators that, to her knowledge, the Legislature is considering multiple proposals this session, including several educational savings account bills and charter‑school measures, and that the department and state should align any program design with North Dakota expectations.
Committee members asked technical questions about federal “discretionary” versus “formula” funds. Basler explained that discretionary funds are competitive grants or agency‑directed programs and are allocated by federal agencies, while formula funds—such as IDEA (special education) and Title I—are distributed to states or districts according to statutory formulas. She said some formula programs currently require the public school district to provide services to students even if they enroll in a nonpublic program (for example, IDEA services must still be provided), and that the executive order signals federal interest in making funds available to new program types unless states provide an alternative framework.
Basler recommended legislators proactively establish state rules to ensure transparency, accountability and alignment with state educational objectives. The committee did not take formal action on the matter but indicated it would discuss related bills during committee work.
