BISMARCK — A bill that would task the North Dakota state superintendent with ensuring all school districts comply with education-related state laws had a hearing at the state Capitol.

Testimony on Senate Bill 2104, sponsored by Republican Sen. Todd Beard of Williston, was heard by the Senate Education committee on Tuesday, Jan. 21.

It would impose a 2% reduction in state aid payments on a school district if the state superintendent had to issue “guidance” for non-compliance more than once.

The bill was brought, in part, because of Fargo Public Schools Supt. Rupak Gandhi’s defiant stance in May 2023 regarding a

law pertaining to transgender K-12 students and which bathroom they could use.

At that school board meeting,

Gandhi said his administration would make decisions regarding transgender students that may not be interpreted as being in accordance with the state law. He said the state law might even violate federal laws.

“We’re going to do what’s right for our kids and when we see a conflict between federal law and state law, we’re going to double down to advocate for our youth,” Gandhi said at the time.

Mark Jorritsma, executive director of North Dakota Family Alliance Legislative Action, spoke in favor of the bill and used Gandhi’s stance in 2023 as an example of why the law is needed.

“Their school board took a vote and decided to openly defy a law of the state of North Dakota. What was the consequence? None,” Jorritsma said.

Committee member and Sen. Josh Boschee, a Democrat from Fargo, was quick to correct that statement.

“There was not a vote. It was a public conversation,” Boschee said.

While several Fargo school board members spoke in support of Gandhi’s stance at that May 2023 meeting, no official action was taken by the board.

At Tuesday’s hearing, Beard said citizens risk a penalty for not following state laws; therefore government entities, including public schools, should face the same.

Jeff Fastnacht, superintendent of Bismarck Public Schools who testified in opposition to SB 2104, said a 2% penalty would result in a loss of $2.5 million to his district.

“Now that may seem like a great way to get the superintendent’s attention … but I can assure you, a phone call or a visit with Jeff would do the same,” Fastnacht said.

A 2% reduction in state aid to Fargo Public Schools in a similar scenario would mean a loss of $2.1 million to the district, Communications Officer AnnMarie Campbell told The Forum.

Besides Fastnacht, leaders of several other education-related organizations testified against SB 2104.

Mike Heilman, executive director of North Dakota Small Organized Schools, said financial penalties could be devastating to school districts, resulting in teacher reductions.

Schools already have processes and procedures in place to address complaints about non-compliance, he said.

Amy De Kok, executive director of the North Dakota School Boards Association, said there are no means in the bill to prevent frivolous or politically motivated complaints.

“School districts could be subjected to undue investigation, wasting administrative time and resources,” she said.

Kirsten Baesler, superintendent of the Department of Public Instruction, offered “neutral” testimony, but said the bill would be “challenging and misaligned with our shared principles of limited government, conservative policy making and fiscal responsibility.”

If passed into law, the bill would require DPI to write and enforce new guidance that in effect, acts as law, she said.

Employees of the department are education professionals, she added, not investigators.

“The proposed requirement to conduct investigations, as outlined in the bill, is outside our professional capabilities,” Baesler said.

Instead, she said the state’s law enforcement agencies would be better equipped to handle such matters, including the offices of county state’s attorneys and the Attorney General.

North Dakota’s school boards already have a state law that gives them the ability to display the Ten Commandments in classrooms, if they are accompanied by other historical documents. Now, lawmakers are debating whether to require posting the commandments in every public K-12 and college classroom.

The debate is among advocates who say the Ten Commandments provide a foundation of morals and values — and that teaching them in schools was once broadly accepted — and opponents who say the compulsory posting of them in public classrooms would violate the U.S. Constitution’s ban on establishing a state religion. 

One of the bill’s sponsors, Sen. Mark Enget, R-Powers Lake, said the commandments are historically and morally important outside of their Christian religious context. “They are pure and good and build strong families which in turn build a strong society,” said Enget.

The House Judiciary Committee is reviewing House Bill 1145, which would require posting the Ten Commandments in the state’s public K-12 and college classrooms. The panel held a hearing Jan. 14 and did not make an immediate recommendation about whether the bill should be approved or defeated. Dozens of interested people have posted testimony on the Legislature’s website, with the majority being opposed to the bill. Dozens of people also attended the hearing in person, although time limits prevented many of them from testifying.

Bill sponsor Rep. Jeff Hoverson, R-Minot, told the North Dakota Monitor he plans to introduce an amendment this week that would change the bill to displaying the Ten Commandments in every school, rather than every classroom. His proposed amendment also would require the posters be funded through donations.

During last week’s hearing, Tim Barton, president of WallBuilders, a Texas-based organization that promotes the teaching of Christian history, said the Ten Commandments were taught in schools until after a 1971 U.S. Supreme Court case, called Lemon v. Kurtzman.

The Supreme Court has since reinterpreted aspects of the “Lemon test.” In a 2022 case, Kennedy v. Bremerton, the Supreme Court ruled the establishment clause should be interpreted by reference to historical practices and understandings. 

In light of the Kennedy ruling, House Bill 1145 would not violate the First Amendment, because there is a long history and tradition of the Ten Commandments being taught in schools, argued Janice Lorrah of the Pacific Justice Institute, a legal nonprofit that describes itself as focusing on defending civil liberties.

“The passage of HB 1145 will enable students in the state of North Dakota to know the history and traditions of our legal system,” said Lorrah. 

KrisAnn Norby-Jahner, legal counsel for North Dakota School Boards Association, and other opponents said House Bill 1145 differs from the Kennedy case, which was filed after a football coach was fired for praying with his players after a game. 

“A school employee choosing to exercise a constitutional right is different from a public school being required to adopt and display a specific religious observation,” said Norby-Jahner.

Norby-Jahner said the language of the proposal is almost the same as a bill approved by the Louisiana legislature last year, which has been challenged in federal court. Last November, U.S. District Court Judge John W. deGravelles ruled the law was unconstitutional, saying the Louisiana law did not provide “any constitutional way to display the Ten Commandments.”

Louisiana issues guidance as law requiring Ten Commandments in classrooms goes into effect

Cody Schuler, a spokesman for the American Civil Liberties Union, said many students in North Dakota practice different religious beliefs, and they may openly discuss them in school already. State law also gives school boards the ability to post the Ten Commandments in their classrooms already, he said.

However, under House Bill 1145, posting the Ten Commandments “would be not only endorsed by the school, it would be endorsed by the state, it would be the state showing preference to a particular religious tradition,” Schuler said.

Supporters of the legislation said the Ten Commandments would teach students about morality and values.

“There is a long-standing history and tradition of the Ten Commandments being used in education, not because it was a promotion of religion but a promotion of morality,” Barton said.

Pat Dean, a former school principal and advocate for the bill, said it was “rooted in history and morals, not religion and the changing thereof.” If students were instructed about the Ten Commandments, some of today’s student behavioral problems could be avoided, he said.

Olivia Data, of Mandan, said posting the Ten Commandments would not address urgent problems facing public schools.

“Surely issues like teacher shortages, equitable funding, or post-COVID behavioral and academic declines should take priority over what posters are displayed in the classroom,” Data said.

According to the bill, the Ten Commandments display must be a poster or framed document that is at least 11 by 14 inches and printed in a large and easily readable font.

North Dakota, set on the American Plains and against the US border with Canada, conjures multiple images at once. It has welcomed strivers and romantics — not least. A young Theodore Roosevelt, whose North Dakota sojourn formed the foundation of his legend and legacy.

Admitted to the Union in 1889, following the US Civil War, the state’s original motto—”Liberty and Union, Now and Forever, One and Inseparable”—recalls a time of national division. That conflict gave way to a long-standing chapter of peace in the country, and today, North Dakota enjoys a reputation as a quiet, safe place to live and visit. As these timeless towns show, North Dakota, also known as the Peace Garden State, has certainly earned its name.

Bottineau

The north-central town of Bottineau, population 2,200, sits just below the Canadian border. Its French name reflects the one-time presence of French fur trappers and other traders, like its namesake, Pierre Bottineau. The town sits near the site of the International Peace Garden, a jointly-managed green space between Canada and the United States, offering attractions such as the Peace Chapel, the 9/11 Memorial, and the Conservatory featuring over 5,000 unique species of cacti and succulents.

Bottineau’s other standout draws include an unusual figure in its Plains landscape: Tommy Turtle, actually a 30-foot statue of a turtle riding a snowmobile, and meant to symbolize the nearby Turtle Mountains. Home to Dakota College home to some 1,100 students, Bottineau features an outsized menu of local dining options, from fine dining at Marie’s to the college-crowd favorite Denny’s Pizza. The award-winning Pride Dairy sells ice cream for sweets fans of all ages.

Mandan

Mandan, a much larger town of 24,600, sits across the Missouri River from Bismarck, North Dakota’s state capital, in the center of the state. Fort Abraham Lincoln State Park beckons the history buff with displays at its Visitor Center Museum that tells of North Dakota life from earlier times. Established in 1907, the park is North Dakota’s first and has provided recreation and education for more than a century so far.

Mandan calls itself the “spirit of the West” in North Dakota. For a touch of that culture, check out the town in July during its Mandan Rodeo Days, a western-themed series each Independence Day weekend with bronco riding, art exhibits, a fireworks celebration, and a road race. Running for over 140 years, the Rodeo Days events draw crowds and repeat visitors from all over.

Medora

Medora, a map-dot with about 160 souls, lies in North Dakota’s west and punches above its weight for small-town charms. Ringed by a picturesque half-canyon, the town provides a gateway to Theodore Roosevelt National Park and showcases the badlands that the future president fell in love with as a young man. Kids can channel Roosevelt’s cowboy habits with horseback riding or family camping inside the park.

Grown-up Western enthusiasts can get a one-of-a-kind stay at the Rough Riders Hotel, a luxury Western accommodation that bears the name of the military unit that Roosevelt later rode to fame and political prominence. For more family-friendly fun, the Medora Musical, billed as “The Greatest Show in the West,” offers a blend of country, pop, and other music styles for a memorable and musical western night out.

Rugby

Rugby, with 2,400 inhabitants, makes an unusual claim to fame. The north-central town says it is the geographic center of the North American continent. A stone monument marks the claimed spot downtown. For a look back in time, the town’s sprawling Prairie Village Museum provides information on early life in Rugby and historic North Dakota. The museum extends across more than 20 buildings and includes a school, a train depot, a jail, and even a log cabin dating from 1887.

Like its Canadian neighbor, Rugby welcomes tourists keen to see the aurora borealis—the phosphorescent northern lights that often play across the world’s northern skies at night. The Northern Lights Tower stands nearly 90 feet high and serves as a lookout point for the sky’s wild colors. An on-site interpretive center explains the phenomenon in detail.

Valley City

Valley City, actually a small town with a modest population of 6,600, lies west of Fargo, North Dakota’s largest city. The place is also home to Valley City State University, whose student body of 1,700 gives a substantial boost to the town’s economy and size. Calling itself the “City of Bridges,” the place celebrates its many railroad suspensions and other constructions that span the Sheyenne River as it makes its many loops through town. The Native American West comes alive here at Medicine Wheel Park, which features a solar clock and a dozen earthen burial mounds.

For more time on the water, locals and visitors gravitate to Lake Ashtabula, a favorite spot for swimming, boating, and some classic American food options nearby. The Valley City State Planetarium provides otherwordly views to the sky beyond, making a great indoor alternative if the weather spoils plans to visit the town’s bridges, waterways, or both.

Walhalla

Walhalla, an early settlement in what was then the Dakota Territory, has a petite population of 900 today. Set in the state’s northeast corner, just below the Canadian line, the town offers history and outdoor fun in equal abundance. The Gingras Trading Post, once a stop for trappers and their customers, has stood northeast of Walhalla since the 1840s and now exhibits the folkways of a bygone era.

The Pembina Gorge Recreation Area has wide-open spaces for hiking, cycling, and family outings. For wilderness, one can drive through the Rendezvous Region Scenic Backway, which holds fantastic views and scenes of North Dakota’s rugged natural essence. The culture you can taste is on tap at the Howatt Hangar, within the local Frost Fire Park, while the same location puts on a summer theater series, with productions like the classic musical “Fame” and other shows available recently. Walhalla’s small size does not prevent it from offering major attractions for locals and out-of-town tourists alike.

Williston

North of the Missouri River, Williston, with 27,700 people, offers a much larger slate of attractions to see and do. The northwestern town, well-known for its oil and gas activities, also promises fun for the outdoor sports fan, from golf and riverside walks to clay-pigeon shooting at the popular Painted Woods Sports Range. Clearly, Williston encourages a robust kind of active lifestyle.

For the culturally inclined, Williston made waves in a recent project that covered traffic signal cabinets with creative painting, thereby beautifying the town and its public spaces. Fans of Western movies, like the 2015 revenge thriller The Revenant, can retrace the steps of the real-life character Hugh Glass, who once worked as a hunter at nearby Fort Union. Today, the Fort Union Trading Post, a National Park Service site, tells of the days when the massive fort hosted a trade of 25,000 buffalo robes and early adventurers like Glass.

North Dakota’s Towns: Where History Meets Scenic Beauty

With all that these and other North Dakota towns hold out for the visitor, it may seem surprising that the state’s classic Western history and culture are not better known nationwide. Places like Bottineau and Williston speak to the old ways of fur trapping and trading. At the same time, modern cultural draws, like the stage productions at Medora and Walhalla, suggest an appetite for the lively arts and other creative expressions. No wonder the young Theodore Roosevelt came to love this state. North Dakota might be the next best place to explore for the traveler who seeks something timeless, fresh, and interesting.