School leaders oppose bill putting superintendent in charge of districts' compliance with ND state law

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.