Legislative Issues and Priorities
Global “Perennial” Issues
- Unfunded/Underfunded mandates
- An adequate, equitable, and stable education funding system and taxation policy that meets inflationary/staff shortage demands
Priority Issues for 2025-2026
- Foundation Aid Increase
- Special Ed Foundation Aid Formula Increase
- Multi-Lingual Foundation Aid Formula Increase
- Opposition to Charter Schools, Tax Incentives for Private School Vouchers; Monitor School Choice Committee Discussions
- Student Mental Health Behavior and 24/7 Attendant Care/Academic Support
- Increase CTE Funding to Address New CTE Facility Funding Gaps/Workforce/Staff Incentives
- State Sponsored Breakfast/Lunch (Free Meals)
- School Construction Loan for Facilities and Infrastructure Improvement
- Pre-K Funding
- Coal Development Trust Fund
- Staff Retention and Incentives
- Streamlining the School Accreditation Process
- Transportation Formula
- Monitor ND Center for Distance Ed Costs
- Support for the Continuance of TFFR
- New Laws That Aggravate Our Work at The School Level
Foundation Aid Increase
Over the last 20 years, inflation has consistently outpaced the rise in teacher salaries. For example, according to the National Center for Education Statistics (NCES), average teacher salaries have grown at a rate that doesn’t match the rate of inflation, meaning teachers' real wages (adjusted for inflation) have remained stagnant or even decreased in some states.
Even the modest salary increases haven’t kept pace with rising costs, particularly housing and healthcare, which has further eroded teachers' purchasing power.
Grand Forks Public Schools SUPPORTS an increase in Foundation Aid payments.
Special Ed Foundation Aid Formula Increase
Special education funding is increasingly becoming a growing gap in school funding, and this issue has been a persistent challenge for schools across the United States. Despite the critical importance of special education services in ensuring that students with disabilities receive an equitable education, many school districts struggle to fund these programs adequately. Here are several reasons why special education funding is becoming an increasingly significant issue:
Rising Costs of Special Education Services
- Increase in Special Education Enrollment: The number of students requiring special education services has steadily increased. According to the U.S. Department of Education, around 13% (closer to 20% in Grand Forks) of all public school students are enrolled in special education programs. This percentage has remained relatively stable, but the absolute number of students with disabilities continues to rise, putting additional strain on resources.
- High Costs of Services: Special education students often require additional services such as speech therapy, occupational therapy, counseling, and specialized classroom settings. These services can be costly, particularly for students with more severe disabilities, and they often require highly trained professionals.
- Legal Mandates: Under the Individuals with Disabilities Education Act (IDEA), schools are required to provide a "free appropriate public education" (FAPE) to students with disabilities. This mandates that schools provide specialized services at no cost to families, which, while ensuring access, creates significant financial pressure on schools to meet legal requirements.
Grand Forks Public Schools SUPPORTS an increase in the special education metric associated with the Foundation Aid payment.
Multi-Lingual Foundation Aid Formula Increase
The lack of sufficient funding for Multi-Lingual (ML) Learners (known as EL in ND) in K-12 education is a critical issue that perpetuates educational inequities. As the number of ML students continues to rise across the United States (and in Grand Forks, our ML numbers have doubled over one academic year), many schools are unable to provide the specialized support these students need to succeed academically. Without adequate funding, schools struggle to offer essential resources such as qualified ML teachers, bilingual education programs, language development support, and culturally responsive materials. This gap not only limits ML students' access to a quality education but also hinders their long-term academic and social success, contributing to wider achievement disparities. To ensure that all students have an equal opportunity to thrive, increased investment in ML services is essential, allowing for the development of inclusive and effective educational practices that meet the diverse needs of these learners.
ML Weighting Factors:
ELL Level 1: 0.4
ELL Level 2: .28
ELL Level 3: .07
There are actually 5 levels. The formula only addresses 3.
The District is paid off of prior year enrollment data. So, fast increasing enrollment of ELL students puts a strain on the budget.
Grand Forks Public Schools SUPPORTS an increase in the Multilingual metric associated with the Foundation Aid payment.
Opposition to Charter Schools, Tax Incentives for Private School Vouchers; Monitor School Choice Committee Discussions
Charter schools, while often presented as a solution to improve educational outcomes, have not consistently delivered on their promises and, in some cases, exacerbate educational inequities. Research has shown that charter schools, on average, do not outperform traditional public schools in terms of academic achievement. A 2015 study by the Center for Research on Education Outcomes (CREDO) at Stanford University found that only 17% of charter schools performed better than district-run schools, while 37% performed worse, and the remaining 46% showed no significant difference in performance.
Moreover, charter schools often lack sufficient oversight, leading to issues of financial mismanagement, inconsistent teacher quality, and discriminatory practices in student admissions. For example, a 2019 National Bureau of Economic Research study found that charter schools tend to disproportionately enroll fewer students with disabilities and English Language Learners (ELLs), which are key groups that often require additional resources and support.
Furthermore, the expansion of charter schools has been linked to the weakening of public school systems. A 2020 study from The National Education Policy Center found that for every 10 charter schools opened, public schools in the surrounding district lost $1.7 million in funding, exacerbating resource shortages in already underfunded schools. These financial losses make it more difficult for traditional public schools to provide the necessary support and enrichment programs that all students need.
In short, while charter schools may offer some benefits for a small subset of students, the evidence indicates that their expansion does not lead to the systemic improvements needed to address the challenges facing American education. Instead, we must focus on strengthening and adequately funding public schools to ensure equitable access to quality education for all students, regardless of their background or where they live.
1. Reduction in Public School Funding
- Public schools are often funded based on student enrollment. When students leave public schools for private schools, the public school loses per-student funding, reducing the resources available for the remaining students.
- Tax incentives further shrink public funding by diverting potential tax revenue to subsidize private school tuition, leaving less money for public education.
2. Exacerbation of Inequity
- Private school tax incentives primarily benefit higher-income families who can afford private school tuition. Families with lower incomes, even with tax breaks, may not be able to afford private school fees.
- This can create a two-tiered system, where public schools serve disproportionately high numbers of low-income students and those with greater educational challenges, such as special needs or language barriers.
3. Erosion of Public Commitment to Public Education
- Public education is a cornerstone of democratic society, ensuring access to quality education for all children regardless of their background.
- Tax incentives for private schooling can weaken societal investment in public education, leading to neglect, reduced funding, and lower-quality outcomes for the majority of students who remain in public schools.
4. Diversion of Accountability
- Private schools are not subject to the same public accountability measures as public schools. They can select their students, set their curriculum, and operate with minimal oversight.
- By encouraging a shift to private schools, tax incentives reduce the pressure to improve public schools, potentially leaving them less equipped to serve their communities effectively.
5. Segregation and Social Division
- Private schools often attract students from specific socioeconomic, cultural, or religious backgrounds, leading to increased segregation.
- Public schools, by contrast, serve as a melting pot, bringing together diverse communities. Tax incentives that promote private schooling can undermine this integration, contributing to a more divided society.
Grand Forks Public Schools OPPOSES charter schools and tax incentives for private school vouchers. Grand Forks Public Schools would be a willing participant in any “school choice” conversation regarding accountability for ALL schools should public funds transition to private schools.
Student Mental Health Behavior and 24/7 Attendant Care/Academic Support
North Dakota can play a crucial role in addressing the mental and behavioral health needs of K-12 students by implementing comprehensive policies, funding programs, and fostering collaboration among stakeholders. To date, the community of Grand Forks does not have the capacity to house multiple students in an attendant care facility.
Through a partnership with Altru Health System, Grand Forks Public Schools has opened the Therapeutic Learning Center (TLC) to serve K-8 students showing signs of significant mental health disorders that require intervention and care beyond what public school staff and facilities can provide. GFPS has dedicated two full-time teaching positions to this effort to ensure students' schooling requirements are met while they engage in multiple therapeutic options during a 6-8-week intervention at this facility.
Grand Forks Public Schools SUPPORTS an increase in funding addressing student mental health behavior and 24/7 attendant care for students in need.
Increase CTE Funding to Address New CTE Facility Funding Gaps/Workforce/Staff Incentives
Since the inception of Career & Technical Centers across the state of North Dakota and local dollars raised ($11.5 million) to match a $10 million grant from the state of North Dakota, inflation skyrocketed, creating an overall $6 million funding gap. Through the creativity of the school district seeking a New Market Tax credit in 2024 (and will pursue another one in 2025), the funding gap is at $4 million, with the Career Impact Academy scheduled to open in August 2025.
Grand Forks Public Schools SUPPORTS an increase in the CTE match from the state to close the inflationary funding gap.
State Sponsored Breakfast/Lunch (Free Meals)
By paying for school meals, North Dakota can make a meaningful investment in the health, well-being, and academic success of our students while supporting families and fostering equity. This proactive approach benefits both individuals and society as a whole.
Grand Forks Public Schools SUPPORTS a state-sponsored meal program for ALL students.
School Construction Loan for Facilities and Infrastructure Improvement
North Dakota Law requires the following:
15.1-36-01. School construction projects - Approval.
1. Notwithstanding the powers and duties of school boards provided by law, the superintendent of public instruction shall approve the construction, purchase, repair, improvement, modernization, or renovation of any public school building or facility before commencement of the project if the cost of the project, as estimated by the school board, is in excess of one hundred fifty thousand dollars.
2. The superintendent of public instruction may not approve a project unless the school district proposing the project:
a. Demonstrates the need for the project and the educational utility of the project or demonstrates potential utilization of the project by a future reorganized school district;
b. (1) Demonstrates that the student population has been stable or has increased during the preceding five school years and is expected to be stable or to increase during the ensuing five school years; or
(2) Demonstrates by clear and convincing evidence that, despite a declining student population, there are no feasible alternatives to the proposed project; and
c. Demonstrates the capacity to pay for the project under rules adopted by the superintendent of public instruction pursuant to chapter 28-32.
3. a. If the superintendent of public instruction denies the project, the school board may appeal the superintendent's decision to the state board of public school education. In considering the appeal, the state board shall review:
(1) The need for the project;
(2) The educational utility of the project;
(3) The potential use of the project by a future reorganized school district;
(4) The capacity of the district to pay for the project; and
(5) Any other objective factors relative to the appeal.
b. The decision of the state board is final.
4. This section is applicable to any construction, purchase, repair, improvement, renovation, or modernization.
5. For purposes of this chapter, "facility" includes a public school parking lot, public school athletic complex, or any other improvement to real property owned by the school district.
Military School districts are not able to access this loan program due to the program's requirement to secure the loan with a general obligation bond. General obligation bonds are secured by tax levy authority; something a school district on a military base does not have due to no property taxes existing. A draft bill aims to open the program up to include a Certificate of Indebtedness mechanism which is secured by other revenue available, such as Impact Aid.
Grand Forks Public Schools SUPPORTS an increase in the capacity for more school districts to participate in the state construction loan program.
Pre-K Funding
By funding pre-kindergarten programs, North Dakota can create a strong foundation for children’s lifelong success, improve economic outcomes, and build healthier, more equitable communities. These investments pay dividends in the form of a better-educated workforce, reduced social costs, and stronger state economies.
Grand Forks Public Schools SUPPORTS Pre-K funding for all children.
Coal Development Trust Fund
As an alternative to the Construction Loan Program (in priority A group), the Coal Development Trust Fund can offer 2% financing to school districts to address emergent construction needs. The Nathan Twining Elementary and Middle School 80% federal match opportunity meets the definition but the program requires an adjustment to be inclusive of school districts on military installations. Military School districts are not able to access this loan program due to the program's requirement to secure the loan with a general obligation bond. General obligation bonds are secured by tax levy authority; something a school district on a military base does not have due to no property taxes existing. A draft bill aims to open the program up to include a Certificate of Indebtedness mechanism which is secured by other revenue available, such as Impact Aid.
Grand Forks Public Schools SUPPORTS an introduced bill that opens up the Coal Development Trust Fund to address 2% District 140 financing for a new Nathan F. Twining Pre-K-8 school on the Grand Forks Air Force Base.
Staff Retention and Incentives
Grand Forks Public School District employees continue to express concern about student behavior, student mental health, increased demands placed upon them in the classroom setting, and a complete feeling of being overwhelmed by external pressures put on them. They are seeking a better work/life balance. While the district increased compensation across the board at 13% over two years, inclusive of 6 weeks of paid parental leave, staff has appreciated those pieces; however, what I, as superintendent, hear from teachers through leadership meetings with the Grand Forks Education Association, the Grand Forks Principals Association, and the Teacher Advisory Council, is that increased compensation is not the only metric that will retain staff. External support for students and families in crisis (that spill over into the schoolhouse) and urgent care facilities that include mental health, social, emotional, and academic well-being would be welcomed.
Additionally, placing public schools at the center of political gamesmanship has resulted in teachers leaving the profession.
Grand Forks Public Schools SUPPORTS any and all efforts established by Governor Burgum’s Teacher Retention Task Force to be transitioned into newly elected Governor Kelly Armstrong’s administration.
Streamlining the School Accreditation Process
North Dakota Administrative Rules require the following:
67-19-01-44. Approval of public schools - Review process - Adoption of approval and accreditation process.
- To be certified as an approved public school, a school must participate and meet the requirements of a school improvement review process.
- To meet approval requirements, the review process must be:
a. Designed to improve student achievement;
b. Designed as a continuous cycle of improvement; and
c. Approved by the superintendent of public instruction.
3. a. The AdvancED Accreditation Policies and Procedures for AdvancED accreditation in effect on June 25, 2015, are adopted by reference.
b. Copies of these policies and procedures for accreditation may be obtained from:
North Dakota Department of Public Instruction
State Capitol
600 East Boulevard Avenue
Bismarck, ND 58505-0440
https://www.nd.gov/dpi
History: Effective October 1, 2016.
General Authority: NDCC 15.1-02-04(1), 15.1-02-11
Law Implemented: NDCC 15.1-06-06(1)(d)
Grand Forks Public Schools SUPPORTS the recognition of Marzano’s High Reliability Schools as an accreditation organization.
Transportation Formula
Monitor ND Center for Distance Ed Costs
House Bill 1376 requires school districts to allow students the choice to enroll in online courses through the North Dakota Center for Distance Education (NDCDE), paid for by the resident district. While Grand Forks Public Schools supports the notion of multiple pathways for learning, including online course options, the costs borne by districts who may not restrict enrollment -- even based on past student performance data-- well exceed realized returns on that investment. For example, during the 2023-2024 school year, GFPS paid NDCDE $99,119 for 340 high school NDCDE course enrollments. Thirty-six percent (121) of those enrollments resulted in an F or withdrawal. Recent changes in HB 1376 now allow districts to charge families who opt to retake failed courses, yet on a reimbursement basis that does not cover all costs. Not allowing local control over online course enrollment costs districts significant dollars they could otherwise invest in student learning.
Grand Forks Public Schools SUPPORTS the review of HB 1376 that allows school districts to recoup actual and all costs for students enrolling in the North Dakota Center of Distance Education courses.
Support for the Continuance of TFFR
Grand Forks Public Schools SUPPORTS any of the following solutions:
- A separate state appropriation that gives each school district an annual amount equal to 5% of their certified staff payroll, until such time as the rollback occurs to the pre-2008 contribution levels.
- A series of catch-up allocations from the state’s general fund sufficient to fund the plan to 100%.
- A rollback to the pre-2008 contribution levels when the TFFR plan is funded at 70% with the post-2008 increased contribution rates paid by state funds until the plan is 100% funded.
- Agreement to study the present funding system for TFFR and explore other possible solutions with appropriate stakeholders. A comprehensive study should include potential cost considerations, funding sources, legal implications, and impact on employees, employers, and the state.
New Laws That Aggravate Our Work at The School Level
NDCC 27-20.4-05.1 largely restricts school districts from collaborating with local police to intervene in egregious student behaviors that create safety concerns at school. The law indicates that "a child who commits an infraction or misdemeanor offense on school property may not be referred to the juvenile court unless school interventions have been unsuccessful and documentation is included with the referral indicating which interventions or approaches were attempted." School personnel review student behavioral expectations and codes of conduct as a regular part of back-to-school protocols, yet those interventions do not count as educational attempts. Prior to this law being implemented, police and juvenile court services provided another level of support for students who threaten the safety of others, use illicit substances at school, or demonstrate other significant behaviors that substantially disrupt orderly school operations. They provided another level of authority and accountability when school-based interventions and consequences fell short of modifying student behavior. Now, when those instances occur, school officials must hold unique teaching sessions with offenders, spending additional time and resources to “reteach” them common concepts such as acts of violence against others, property theft, and the use of illegal substances at school are wrong. Multiple forms of those interventions are preferred before police can bring forth a case to juvenile court, hoping to provide another level of oversight or authority for students demonstrating delinquent behaviors. As a result, numerous students who would likely have corrected their behavior with court-based interventions have instead repeatedly offended and nonplussed by receiving only school-based consequences and correction efforts. The majority of those cycles were previously stopped when the police and court systems were involved.
In addition, as part of recent Juvenile Justice Reform efforts in North Dakota, the 2021 Legislature approved a new program be provided by the human service system so that children in need of services who have not committed crimes can be served in the community and outside of the Juvenile Court system.
As of Aug. 1, 2022, schools and law enforcement officials now refer youth to the Children in Need of Services (CHNS) Team, staffed by Human Service Zone professionals across the state, for significant behaviors such as truancy, using and possessing tobacco and related products, and absenting (running away). Participation in CHNS services is optional, and many families choose not to engage once referred for services. Schools have limited capacity, authority, and resources to reinforce expectations of attending school, prohibiting tobacco and vape products on school property, etc., compared to past years, and few behaviors change as a result. Schools cannot bear the burden of services that our court systems and juvenile intervention services previously provided. There have been unintended consequences to these bills, and more students, therefore, remain in combative behavioral cycles.
Grand Forks Public Schools OPPOSES any introduced bills or existing laws that aggravate its work.