Burgum vetoes school choice bill, says it 'falls short' of enhancing educational options for parents

BISMARCK — Gov. Doug Burgum has rejected a bill that would offset the cost of tuition for some families sending their children to private schools.

The governor on Friday, April 21, vetoed House Bill 1532, which was introduced by Rep. Claire Cory, R-Grand Forks. The legislation was proposed as a school choice bill that would set aside $10 million from the state’s general fund for an educational reimbursement program. The dollars would be paid directly to private schools

On Friday, Burgum said the legislation, in its final amended form, is “not the comprehensive solution we need.” He commended supporters of the bill for “championing change and school choice,” adding school choice is needed for “all parents, regardless of income or geography.”

“It falls short of meaningfully enhancing school choice — especially in rural areas far from any existing nonpublic schools — and lacks incentives to expand nontraditional options in K-12 education,” Burgum wrote in his veto message to House Speaker Dennis Johnson.

He added the bill “lacks public transparency and accountability standards for the actual use of the proposed tuition offset payments.”

The bill has garnered hundreds of testimonies — both for and against it — during the session. The North Dakota House debated the legislation for more than an hour earlier this month before voting 51-41 to send it to Burgum’s desk. The Senate previously passed the bill 27-19 .

Supporters say it will make private school more affordable, allowing more families to choose where they send their children to school. Opponents believe families already have a choice where to have their child educated and contend public funds should not be used for private schools.

As currently written, House Bill 1532 would establish a program in which the North Dakota Department of Public Instruction would pay private schools for tuition costs no more than 30% of the state determined per-student pay rate. Parents would apply to participate in the program and the school would request funds to cover a student’s education expenses.

It also includes a means test for families applying for the money to send their child to a private school and would require a family’s gross taxable income to be under the 500% federal poverty level. For a family of four to participate in the program, its gross taxable income would have to be less than $150,000.

Burgum noted that, as written, the legislation would not go into effect until six months before the next regular legislative session. He suggested using the upcoming interim session to explore “best practices through school choice, competition and innovation in education” to formulate a “more comprehensive” policy.

Burgum said his administration does not object to the cost, noting the state spends 100 times more each year on public schools than is proposed in the bill. He said the public school system will receive record levels of state funding in the 2023-25 biennium.

“Simply put, HB 1532 does not go far enough to promote competition and expand choice in K-12 education,” Burgum wrote. “If not done correctly now, this bill could impede our ability to expand school choice in a meaningful way in the years ahead.”

It takes a two-thirds vote of each chamber to override a veto, being 63 votes in the House and 32 in the Senate.

The veto is Burgum's sixth of the 2023 session.