Superintendent Basler urges state framework ahead of federal school‑choice order

Kirsten Basler, Superintendent of Public Instruction, told the House Education Committee that a presidential executive order issued Jan. 29, 2025, directs federal agencies to create plans and guidance that could make discretionary federal grants available for school‑choice initiatives. Basler said the order requires the secretaries of Education, Labor, Health and Human Services, and Interior to deliver a plan to the White House within 90 days and guidance on using formula funds within 60 days.

Basler said the federal action increases the urgency for North Dakota to establish a state framework governing how any federal school‑choice funding would operate. “If we do not establish state‑specific expectations, such as assessment requirements, reporting structures, and program guidelines, the Department of Public Instruction will be left with only broad federal directives to guide the operation of school choice programs,” she said. She emphasized she was not endorsing a particular bill or approach but urged legislators to set parameters that align with state priorities and accountability expectations.

Basler told committee members the executive order and the subsequent federal reviews focus on discretionary grants rather than formula funds. She explained that “discretionary funds” differ from formula programs such as IDEA and Title I and may include competitive grants for reading, math and other targeted programs. Committee members asked whether the order would reallocate existing federal formula funds; Basler answered that the order’s review centers on discretionary grants and is not directing changes to formula grant programs.

Basler also noted the current legislative landscape: multiple measures related to school choice are already before the Legislature. “The Legislature is currently considering at least six versions of educational savings accounts and two public charter school bills,” she said, and advised that preemptive state guidance could avoid a regulatory vacuum until the Legislature reconvenes.

Committee members asked follow‑up questions about the scope and timing of the federal guidance and how any new funding streams would interact with existing state programs. Basler said she would continue to share updates with the committee as the federal guidance and departmental plans become available.

The presentation occupied the committee’s opening agenda slot and generated several clarifying questions from representatives before the committee moved on to legislative business.