Unheralded

JIM FUGLIE: View From The Prairie — Focus On Education

My friend, Darrell Dorgan, is comfortably ensconced in his condo in south Florida, spending his days walking his dog, Coco, on the beach, but as a lifelong newsman in North Dakota, he’s keeping up with the news back home in Bismarck. He spent some time this past week digging into what’s going on in the North Dakota Legislature and sent me what he wrote. Here’s his report on the status of education legislation.

By Darrell Dorgan

North Dakota lawmakers have returned to the Capitol for the 69th Legislative Assembly. Despite the state’s excellent fiscal situation, it may become a contentious session overshadowed by sharp debates over religious and educational issues, books, hanging copies of the Ten Commandments in the classroom, school choice and sharp disputes over property taxes, how to fund schools and whether some measures will lead to a loss of students and more small school closures.

The session is overwhelmingly controlled by MAGA-leaning Republicans who have a 42-5 upper hand in the State Senate and overwhelming 83-11 majority in the state House.

Legislators will also find new leadership in the governor’s office with former Congressman Kelly Armstrong taking the reins of power from former Gov. Doug Burgum, who has joined the Trump administration.

The divisive issues that will be have to be tackled include school choice. If ratified it will provide funding for private schools with the state picking up the tab for parents who decide to send children to private schools rather than public schools. Simply put, an economic bonanza for private, religious and home schools. Losers would be local schools whose money could go with transferring students. If passed, it could also have a major impact on small rural schools and critics of the legislation say transfers may force the closure of small schools who lose students.

Republican State Rep. Jeff Hoverson says school choice will be a major issue and he’s in favor of it. The Minot minister says he would like a new bill providing a tax credit that would be paid to parents rather than to private or religious schools the students could attend. Hoverson says he’s also not concerned about the quality of education kids would receive when removed from public schools noting, “Home-schoolers have already proven they can do a great job economically, socially, and otherwise educate kids.”

State Sen. Jeff Magrum of Hazelton is another lawmaker often associated with conservative causes.  “I’m supportive of the effort to send kids to private or religious schools even if the payments go with them. I don’t think there would be that many students lost to small schools because most people like their local small-town schools, and I don’t think it would result in many transfers from there or school closings.  I think Catholic schools are heavily supportive because parents who send their children there are paying twice. I also support efforts to hang copies of the Ten Commandments in the classroom, and I’m in favor of screening books in school and public libraries for sexual content.”  He says it’s simple. Schools need to concentrate on reading, writing and arithmetic.

However, Nick Archuletta, president of North Dakota United, which represents teachers, public schools and higher ed employees, says his organization took a poll this fall and it showed most residents liked their community schools and 70% were against taking local money and sending it to charter or religious schools.

Archuletta says, “We don’t know how many small schools would be forced to close or cut programs but we’re concerned.  Most smaller school districts could not afford to make cuts in programs or classes unless they raise property or sales taxes.”

Archuletta believes the bill would allow the use of tax dollars that would ultimately allow private schools to choose the students they want to educate, discard those they don’t want in the classroom and bankroll families in urban areas, damage education in rural areas and possibly lead to many small North Dakota schools who will have to further raise taxes and or eliminate teachers and programs.

Sales tax is generally considered by economists to be the most regressive tax for poor and middle-class residents.

Numerous states have already adopted some form of private school funding, and the Legislature did pass a bill allowing school choice funding during the last session, but the bill was vetoed by former Gov. Burgum, who indicated the measure was not the needed answer and would have hurt surviving small public schools in rural areas.

Superintendent of Public Instruction Kirsten Baesler also opposed the measure that would have sent money to religious and private schools saying the state should not fund school choice programs at the expense of public schools that would be hurt by the loss of students and funding.

When asked about today’s proposals, Baesler says, ”Charter schools, private schools, or home-schooling — could empower families to choose the educational environment that meets their children’s needs.”

But she also adds a note of caution: “There is also the risk of deepening inequities if alternative models are not accessible to all families, particularly those in rural areas, or children with special needs.”

She did not respond when asked how many small-town schools may be forced to close if the changes are made and students move on to larger schools in bigger communities.

North Dakota has about 500 schools. Despite the increase in the state’s population, the number of small rural schools is falling as the population continues a precipitous decline in most rural counties, and ages of remaining adult residents continue to increase. As the median age of counties increases, the number of students and schools regresses.

The population as a whole is growing in North Dakota, but growth is limited to just seven counties and of those, most are impacted by the ongoing oil boom. Thirty-nine other counties lost residents and students.

Most schools in rural areas have declining enrollments. In one case this coming spring, one school will reportedly have just one high school graduate.

In 1973, there were 145,189 public school students and 327 public and 67 nonpublic schools across the state.  They ranged in size from less than ten students to hundreds.

Enrollments have been dropping across the state. In 2020, the number of schools had dropped to 231 schools and enrollment had dropped to 111,708. By the year 2025, the oil boom enrollment had increased in a few counties and the number of students had increased by 8,000 in public schools, and the number of schools to 514 public schools. But declines continued in rural areas and led to more consolidations when the smaller schools closed. There were also 58 nonpublic schools with 8,520 students. There were also six native American schools with 1,363 students and 5,537 home-0schooled students.

But educators say many additional rural public schools now may be on the edge because of growing protests over property taxes and proposed public funding of private schools that would take students and funding away from public schools with few students. It would also mean even fewer teachers and programs and long distances all would have to travel on busses if more small schools close.

There are numerous other issues with a spiritual edge that could be highly contentious for educational legislation.

Among the bills that will create major debate and legal actions include measures allowing chaplains in public schools. Florida is the center of the effort that is also being debated in several other Southern states and, if passed, will likely also lead to immediate and expensive court action.

The controversial Florida-based statute passed last year allowed school districts to offer volunteer chaplain programs to students. However, the passage drew immediate protests from many, including some religious groups. A group calling itself The Satanic Temple said it would encourage their members to participate in the program if Christian chaplains were allowed in the classroom. Members of the Satanic Temples do not technically worship Satan or believe he exists, but the group has generated publicity and heated debate because of its advocacy of freedom of religion and freedom of speech.

When he put pen to bill approving the chaplaincy program, Florida Gov. Ron DeSantis vowed Satanists would be blocked from participating. However, keeping Satanists out if you allow other religions in is questionable and could quickly run the legal meter. The IRS already recognizes the Satanic Temple as a tax-exempt church and Satanists have indicated legal action is on the horizon over the issue. So far, only one Florida school district has adopted the chaplaincy program, but others have it under discussion.

But there will also be continued effort to make dramatic changes in the state and federal education standards. President-elect Trump has called for the abolishment of the federal Department of Education, expanding private and religious school choice, slashing federal spending on K-12 classrooms which could lead increases in local taxes and the end of “teaching woke.”  (No, we don’t know what “woke” is either and proponents will provide numerous varied and problematic answers).

Several bills are also being prepared to carry out the suggestions of President Trump, MAGA devotees and religious advocates who want the Ten Commandments in the classroom and mentions of sex education out.

Returning the Ten Commandments to the classroom will also be a major legislative issue in North Dakota. A bill was passed and signed by Gov. Burgum in 2021 but then was struck down by the courts. The controversial issue has also been passed by several other states but will likely again be decided by the U.S. Supreme Court, which originally ordered the commandments out of the classroom in 1980.

Attorneys in North Dakota and other states claim the posting violates the First Amendment of the U.S. Constitution that prohibits the establishment of religion by the government. They also wonder which version of the Ten Commandments would be posted. There are numerous versions.

Texas and Louisiana have both passed laws in the past year requiring the posting of the Ten Commandments in the classroom.  However, a Louisiana federal judge recently ruled the law unconstitutional.

Oklahoma Christian groups are also pushing the issue. Oklahoma Superintendent of Public Instruction Ryan Walters is also working to, “… bring God and prayer back into the classroom.” But Walters has done a 180 on the issue. A decade ago speaking at another debate, he called the constitutional separation of church and state a “myth and a creation of the U.S. Supreme Court.”

Conversely, proponents believe if the legislation ever reached the U.S. Supreme Court, it would be viewed more favorably by the court because of its shift to the right since the appointment of three conservative justices by President Trump.

But opponents are quick to note President Trump himself seems to have difficulty with the Commandments, noting he appears to have missed No. 8e in the Catholic bible that says, “Thou Shalt Not Commit Adultery.” They note he has been married at least three times, criminally charged and convicted of 34 felonies, done numerous morally questionable activities and been ordered to pay millions in fines.

The North Dakota Legislature passed a measure in April 2023 aimed at shielding schools and teachers from lawsuits arising from posting the Ten Commandments in classrooms. Burgum’s veto of the bill came after attorneys and school officials warned the legislation was unconstitutional and would spur costly and unwinnable legal fights.

The American Civil Liberties Union, which has been tracking the North Dakota legislation, has said that passage of the legislation would invite litigation. The organization says not a single court has upheld the posting of the Ten Commandments in public schools, even if they are displayed with other material. Proponents of the legislation say it is intended to promote moral behavior in schools and that that the United States was founded on Ten Commandments’ principles.

The measure also is intended to protect schools from litigation that could arise from students reciting the Pledge of Allegiance. Opponents note that part of the bill is moot because it already is allowed, but not mandatory.

The removal of books from school libraries, eradication of some courses and who can use what bathroom will also become likely fodder. North Dakota has had some debates over book removal, but most demands have been in southern states. Anything with a LGBTQ theme or other perceived sexual information is often questioned and demanded for removal. However, so are books often considered classics such as “To Kill a Mockingbird,” often considered one of the best American novels. It’s objected to because It raises serious questions about race relations.

“The Diary of Anne Frank,” which details death in the Holocaust, is also questioned and in one Florida school district there were demands to remove the dictionary from the school library. One of the most-removed books is the classic “The Handmaid’s Tale,” which was originally published in 1985. It is now a television series.

 Florida leads the nation in removals, with books removed from shelves in 21 of 67 counties. The removal of books in Florida allowed one candidate opposed to quote Thomas Jefferson, who said, “Any man who wants to be ignorant and free, wants what never was and never will be.”

And finally, in North Dakota, there’s going to be a bill that’s likely to pass because of need and embarrassment to lawmakers. A group is pushing legislation that would provide about $140 million in state funding to local school districts in the coming biennium to provide free lunches to all students.

A bill to provide funding to pay for student meals failed by a single vote in the last session. However, a bill to provide additional funding for legislators’ meal allowance was approved, and raised a lot of questions about legislative priorities.





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