School choice task force should hold meetings in public

On Aug. 14, I watched with great interest the interim Education Committee meeting that took place at the state Capitol. Toward the end of the meeting, committee Chair Sen. Michelle Axtman updated the committee on the work of the school choice task force (SCTF). Axtman went on to say that the task force “is not legislatively driven” and has met “multiple times.” Excellent reporting by Amy Dalrymple in the North Dakota Monitor notes that the SCTF has met three times, and Axtman has indicated that it will meet in the future as the task force inches “closer to really cementing what possible legislation would look like.”

According to Axtman, because this committee/task force “is not legislatively driven,” this group does not have to post notifications of its meetings, open the meetings to the public, produce minutes of the meetings, or otherwise comply with our state’s open meetings requirements. I know she is following the advice of the director of Legislative Council, but that advice is causing many people in North Dakota — including members of Axtman’s interim Education Committee — great concern about transparency.

I am not surprised to learn that “school choice” is being studied this interim. When the Legislature narrowly passed HB 1532 then failed to override Gov. Doug Burgum’s veto of that voucher bill, it was clear that the proponents of giving public dollars to private, parochial and homeschools would be back with another plan to accomplish their goal.

What I am surprised about, however, is that an ad hoc “not legislatively driven” task force is doing the work of drafting legislation to be considered, rather than a subcommittee of the interim Education Committee. Section 13 of

SB 2284

says “… the legislative management shall study school choice models,” yet, the SCTF that Sen. Axtman has referenced includes just three of the interim Education Committee’s 21 members. It is worth noting that the lobbyist for the State Association of Nonpublic Schools and the vice president of academic affairs for the Light of Christ Catholic Schools, among others, have seats at the table as the SCTF gets “closer to really cementing what possible legislation would look like.”

Now, while I disagree with the notion that North Dakota taxpayers should be paying to support private and parochial schools in North Dakota, I welcome the discussion. But that discussion should occur in public, not in secrecy. Just because one can hold “not legislatively driven” meetings in private, does not mean that one should. When legislation is being crafted that will impact something as important as the education of our children, why wouldn’t all of us want to see how that legislation develops?

The closed-to-the-public meetings lead North Dakotans to question the motives of those involved. The Department of Public Instruction ought not be using taxpayer monies to pay the Hunt Institute to facilitate private legislator retreats or this “not legislatively driven” task force that are not open to the public. It is not a good look for DPI, Hunt or our legislators.

Look, I believe Axtman when she says that she and the others are working hard to improve education for all students. I know her to be an honorable and resolute public servant. All I would ask, however, is for that work to be done in public with an opportunity for all voices on the matter to be heard.