North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1565 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0927.~~03000~~
	1	+	25.0927.02000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Representatives Brown, Davis, Finley-DeVille, Holle, Ista, Murphy, Nelson
7	7		Senators Marcellais, Mathern
8	8		A BILL for an Act to create and enact a new section to chapter 15.1-01 of the North Dakota
9	9		Century Code, relating to establishing a grant program for the education of nonbeneficiary
10		-	students attending tribally controlled schools; and to amend and reenact section 54-40.2-02 of
11		-	the North Dakota Century Code, relating to authorization for public agencies and tribes to enter
12		-	an agreement.
	10	+	students attending tribally controlled schools.
13	11		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
14	12		SECTION 1. A new section to chapter 15.1-01 of the North Dakota Century Code is created
15	13		and enacted as follows:
16	14		Tribally controlled schools - Grants for nonbeneficiary students.
17	15		1.As used in this section:
18	16		a."Nonbeneficiary student" means a student enrolled at a tribally controlled school
19	17		who is not:
20	18		(1)An enrolled member of a federally recognized Indian tribe; or
21	19		(2)A biological child of a descendant member of an Indian tribe.
22	20		b."Tribally controlled school" means an elementary or secondary school in the state
23	21		receiving financial assistance from the bureau of Indian affairs under 25 U.S.C.
24	22		chapter 27.
25	23		2.The superintendent of public instruction shall provide a grant to a tribally controlled
26	24		school to defray the cost of educating nonbeneficiary students.
27		-	SECTION 2. AMENDMENT. Section 54-40.2-02 of the North Dakota Century Code is
28		-	amended and reenacted as follows:
29		-	Page No. 1 25.0927.03000
30		-	ENGROSSED HOUSE BILL NO. 1565
31		-	FIRST ENGROSSMENT
	25	+	Page No. 1 25.0927.02000
	26	+	HOUSE BILL NO. 1565
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52		-	21 Sixty-ninth
53		-	Legislative Assembly
54		-	54-40.2-02. Authorization to enter agreements - General contents.
55		-	1.Any one or more public agencies may enter into an agreement with any one or more
56		-	tribal governments to perform any administrative service, activity, or undertaking that
57		-	any of the public agencies or tribal governments are authorized to perform by law and
58		-	to resolve any disputes, in accordance with this chapter or any other law that
59		-	authorizes a public agency to enter an agreement. The agreement must set forth fully
60		-	the powers, rights, obligations, and responsibilities of the parties to the agreement.
61		-	2.The Indian affairs commission may propose agreements entered into pursuant tounder
62		-	this chapter and may assist, at the request of any tribe affected by such an agreement,
63		-	in the negotiation and development of such agreements.
64		-	3.If the public agency contemplating entering into an agreement under this chapter is a
65		-	school district, or if the agreement permits the enrollment of students into a school
66		-	district from a tribal school that is operating and receiving funding under the Tribally
67		-	Controlled Schools Act of 1988, as amended [Pub. L. 100-297; 25 U.S.C. 2501 et
68		-	seq.], the school district shall:
69		-	a.Ensure the agreement clearly specifies the board of the school district will retain
70		-	its identity and decisionmaking authority while fulfilling its statutory duties in
71		-	accordance with state law;
72		-	b.Provide written notice to the superintendent of public instruction that it is
73		-	contemplating entering into an agreement under this chapter; and
74		-	b.c.Consider written recommendations that the superintendent makes regarding the
75		-	agreement.
76		-	4.This chapter does not apply to agreements entered into under section 24-02-02.3 and
77		-	chapter 54-38 or agreements entered with one or more tribal governments pursuant
78		-	tounder a state or federally funded program or other activity, including any publicly
79		-	announced offer of a grant, loan, request for proposal, bid, or other contract originating
80		-	with a public agency, for which the tribal government is otherwise eligible under
81		-	federal, state, or local law.
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