North Dakota 69th Legislative Assembly (2025-26) Status: Passed Senate 6 R cosponsors

SB 2303 — A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century Code, relating to an education savings account program.

Last action — Second reading, failed to pass, yeas 20 nays 24

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 69th Legislative Assembly (2025-26). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Relating to an education savings account program.

Bill Text

What changed in the latest version

169 added · 171 removed

Plain-language change summary

The recent changes to Senate Bill 2303 include the reduction of the annual deposit into education savings accounts from 80% to 60% of a specified amount. Additionally, the definition of "participating school" has been broadened to include nonpublic schools, rather than being limited to private schools. These adjustments matter because they lower the financial commitment required from the state while also increasing the number of schools eligible to participate in the program, potentially expanding educational options for families.

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25.0768.02000 Sixty-ninth Legislative Assembly SENATE BILL NO.
25.0768.03000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED SENATE BILL NO.
2303 of North Dakota Introduced by Senators Wobbema, Boehm, Cory, Gerhardt Representatives Hauck, Koppelman A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century Code, relating to an education savings account program.
2303 Introduced by Senators Wobbema, Boehm, Cory, Gerhardt Representatives Hauck, Koppelman A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century Code, relating to an education savings account program.
"Administrator" means an organization registered by the secretary of state to do business in North Dakota and designated by the Bank of North Dakota to implement this chapter.
"Administrator" means an organization registered by the secretary of state to do business in North Dakota and designated by the Bank of North Dakota to assist in the implementation of this chapter.
A student who has received a scholarship under the education savings account program until the student graduates high school or reaches twenty-one years of age, regardless of household income.
A student who has received a scholarship under the education savings account program until the student graduates high school or reaches twenty-one years of age.
6.
"Parent" means a resident of this state who is a parent, guardian, custodian, or other person with the authority to act on behalf of the child.
1 25.0768.02000 Sixty-ninth Legislative Assembly 7.
1 25.0768.03000 Sixty-ninth Legislative Assembly 6.
"Participating school" means any private school providing education to elementary students, secondary students, or both that has notified the administrator of the school's intention to participate in the education savings account program and comply with the education savings account program requirements under this chapter and related administrative rules.
"Parent" means a resident of this state who is a parent, guardian, custodian, or other person with the authority to act on behalf of the child.
7.
"Participating school" means any nonpublic school providing education to elementary students, secondary students, or both that has notified the administrator of the school's intention to participate in the education savings account program and comply with the education savings account program requirements under this chapter and related administrative rules.
The Bank of North Dakota shall deposit into an education savings account eighty percent of the dollar amount under subsection 3 of section 15.1-27-04.1 for the respective year.
The Bank of North Dakota by July fifteenth of each year shall deposit into each education savings account sixty percent of the dollar amount under subsection 3 of section 15.1-27-04.1 for the respective year.
A parent of an eligible student qualifies for a state grant to the child's education savings account if the parent signs an agreement promising:
A parent of an eligible student qualifies for a state grant to the child's education savings account if the parent signs an agreement with the department promising:
To use education savings account program funds solely for qualified expenses under this chapter;
To use education savings account program funds solely for qualified expenses under this chapter, as identified in subsection 4;
4.
A parent participating in the education savings account program shall use the funds deposited in the eligible student's account for the following qualifying expenses to educate the eligible student;
2 25.0768.02000 Sixty-ninth Legislative Assembly a.
2 25.0768.03000 Sixty-ninth Legislative Assembly 4.
A parent participating in the education savings account program shall use the funds deposited in the eligible student's account for the following qualifying expenses to educate the eligible student;
a.
A textbook required by a participating school;
Textbooks and supplies as required by a participating school;
Payment for purchase of curriculum;
Payment for educational therapy or services, including occupational therapy, behavioral therapy, physical therapy, speech-language therapy, and audiology therapy from a licensed or certified practitioner or provider, including a licensed or certified paraprofessional or educational aid;
Tuition or fees for a nonpublic online learning program;
Payment for purchase of curriculum;
Fees for national norm-referenced examinations, advanced placement examinations or similar courses, and any examinations related to college or university admission;
Tuition or fees for a nonpublic online learning program;
Computer hardware, software, or other technological device that is used solely for a student's educational needs and approved by the department or a licensed physician, provided hardware purchased with education savings account funds may not be resold within one year of purchase;
Fees for national norm-referenced examinations, advanced placement examinations or similar courses, and any examinations related to college or university admission;
Reasonable fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider;
Computer hardware, software, or other technological device that is used solely for a student's educational needs and approved by the department or a licensed physician, provided hardware purchased with education savings account funds may not be resold within one year of purchase;
Reasonable fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider;
j.
or j.
k.
A textbook required for college or university courses.
A textbook required for college or university courses;
and l.
Upon graduation, a transfer to a North Dakota education savings plan under section 6-09-38.
A participating school, private tutor, eligible postsecondary institution, or other education service provider may not refund, rebate, or share a student's grant with a parent or the student in any manner.
The administrator may adjust the qualified expenses identified in subsection 4, if necessary.
A participating school, private tutor, eligible postsecondary institution, or other education service provider may not refund, rebate, or share a student's grant with a parent or the student in any manner.
Page No.
3 25.0768.03000 Sixty-ninth Legislative Assembly 7.
7.
A participating student must be counted in the enrollment figures for the student's school district of residence for the purposes of calculating state aid to the school district of residence.
The funds needed for a grant to an education savings account must be subtracted from the state school aid payable to the student's school district of residence and forwarded to the Bank of North Dakota for deposit in the education savings account.
Twenty percent of the dollar amount under subsection 3 of section 15.1-27-04.1 for the respective year per grant must be paid to the school district of residence.
Funds not expended over the course of a school year may be carried forward for use in the following school year for a child who remains in the education savings account Page No.
A participating student must inform the department of the student's school district of residence for the purposes of calculating state aid for the school district of residence.
3 25.0768.02000 Sixty-ninth Legislative Assembly program.
The department shall forward ten percent of the dollar amount under subsection 3 of section 15.1-27-04.1 for the respective year to the school district of residence for each participating student residing in that school district in addition to any other state aid paid to the school district.
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9.
The state treasurer by July fifteenth of each year shall transfer the funds required for education savings accounts from the general fund to the Bank of North Dakota for deposit in each education savings account.
10.
Funds, not to exceed twenty-five percent of the amount under subsection 1, not expended over the course of a school year may be carried forward for use in the following school year for a child who remains in the education savings account program.
9.
11.
d.
Page No.
4 25.0768.03000 Sixty-ninth Legislative Assembly d.
To ensure students are treated fairly and kept safe, each participating private school shall:
To ensure students are treated fairly and kept safe, each participating school shall:
Comply with all health and safety laws or codes that apply to private schools;
Comply with all health and safety laws or codes that apply to participating schools;
Hold a valid occupancy permit if required by the school's municipality;
Obtain certification of approval under section 15.1-06-06.1;
Hold a valid occupancy permit if required by the school's municipality;
and d.
1981];
1981].
and Page No.
4 25.0768.02000 Sixty-ninth Legislative Assembly d.
Conduct criminal background checks on employees.
The participating school shall exclude from employment any individual who:
(1) Is not permitted by state law to work in a private school;
and (2) Might reasonably pose a threat to the safety of students.
Parents shall ensure:
Parents shall ensure the parents are in compliance with all state law pertaining to the category of nonpublic schools the student is participating in.
(1) The eligible student annually takes the state achievement tests, nationally norm-referenced tests, or equivalent tests that measure learning gains in mathematics and language arts, and provide for value-added assessment.
If a parent selects the state achievement test, the department shall pay associated costs and materials;
(2) The results of the tests are provided to the department or an organization chosen by the state on an annual basis;
(3) The student information is reported in a way that allows the department to aggregate data by grade level, gender, family income level, and race;
and (4) The department, or an organization chosen by the department, is informed of the eligible student's graduation from high school.
b.
The department, or an organization chosen by the department, shall:
5 25.0768.02000 Sixty-ninth Legislative Assembly (1) Ensure compliance with all student privacy laws;
5 25.0768.03000 Sixty-ninth Legislative Assembly b.
The department, or an organization chosen by the department, shall:
(1) Ensure compliance with all student privacy laws;
A participating private school or other education service provider is autonomous and not an agent of the state or federal government and:
A participating school or other education service provider is autonomous and not an agent of the state or federal government and:
The department may not regulate the educational program of a participating private school or education service provider that accepts funds from an education savings account, except as otherwise provided by law;
The department may not regulate the educational program of a participating school or education service provider that accepts funds from an education savings account, except as provided under this chapter and chapter 15.1-23;
The creation of the education savings account program does not expand the regulatory authority of the state, its officers, or a school district to impose an additional regulation of private schools or education service providers beyond the regulations necessary to enforce the requirements of the education savings account program;
The creation of the education savings account program does not expand the regulatory authority of the state, its officers, or a school district to impose an additional regulation of participating schools or education service providers beyond the regulations necessary to enforce the requirements of the education savings account program;
Participating private schools and education service providers must have the freedom to provide for the educational needs of the school's students without governmental control.
Participating schools and education service providers must have the freedom to provide for the educational needs of the school's students without governmental control.
6 25.0768.02000 Sixty-ninth Legislative Assembly Department of public instruction - Administrator - Duties.
6 25.0768.03000 Sixty-ninth Legislative Assembly Department of public instruction - Administrator - Duties.
7 25.0768.02000 Sixty-ninth Legislative Assembly 1.
7 25.0768.03000 Sixty-ninth Legislative Assembly 1.
May provide transportation for an eligible student to and from the participating school or education provider under the same conditions as the school district of residence is required to provide transportation for other resident students to private schools.
May provide transportation for an eligible student to and from the participating school or education provider under the same conditions as the school district of residence is required to provide transportation for other resident students to participating schools.
8 25.0768.02000
8 25.0768.03000
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Action History

  1. Second reading, failed to pass, yeas 20 nays 24

  2. Amendment adopted, placed on calendar

  3. Reported back amended, do not pass, placed on calendar 4 2 0

  4. Committee Hearing 02:30

  5. Introduced, first reading, referred Education Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 142 not signed on · 24 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (142)

142 members have not signed on to this bill.

Show all 142 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 20 Yea · 24 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 201903
Democratic 0500
Total 202403
% of votes cast 43%51%0%6%
How each member voted (47)
Member Party Vote
Boschee, Josh Democratic Nay
Braunberger, Ryan Democratic Nay
Hogan, Kathy Democratic Nay
Marcellais, Richard Democratic Nay
Mathern, Tim Democratic Nay
Axtman, Michelle Republican Nay
Barta, Jeff Republican Nay
Beard, Todd Republican Nay
Bekkedahl, Brad Republican Nay
Boehm, Keith Republican Yea
Burckhard, Randy A. Republican Nay
Castaneda, Jose L. Republican Yea
Cleary, Sean Republican Nay
Clemens, David A. Republican Yea
Conley, Cole Republican Nay
Cory, Claire Republican Yea
Davison, Kyle Republican Nay
Dever, Dick Republican Yea
Dwyer, Michael Republican Yea
Enget, Mark Republican Yea
Erbele, Robert Republican Not Voting
Gerhardt, Justin Republican Yea
Hogue, David Republican Yea
Kessel, Greg Republican Nay
Klein, Jerry Republican Nay
Larson, Diane Republican Yea
Lee, Judy Republican Nay
Lemm, Randy D. Republican Nay
Luick, Larry Republican Yea
Magrum, Jeffery J. Republican Yea
Meyer, Scott Republican Yea
Myrdal, Janne Republican Not Voting
Patten, Dale Republican Nay
Paulson, Bob Republican Yea
Powers, Michelle Republican Yea
Roers, Kristin Republican Nay
Rummel, Dean Republican Nay
Schaible, Donald Republican Nay
Sickler, Jonathan Republican Not Voting
Sorvaag, Ronald Republican Nay
Thomas, Paul J. Republican Nay
Walen, Chuck Republican Yea
Wanzek, Terry M. Republican Yea
Weber, Mark F. Republican Nay
Weston, Kent Republican Yea
Wobbema, Mike Republican Yea
van Oosting, Desiree Republican Yea

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Subjects

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Frequently asked questions

What does SB 2303 do?
Relating to an education savings account program.
Who sponsors SB 2303?
SB 2303 is sponsored by Koppelman, Ben (Republican), Hauck, Dori (Republican), Gerhardt, Justin (Republican), Cory, Claire (Republican), Boehm, Keith (Republican), and Wobbema, Mike (Republican).
What is the current status of SB 2303?
This bill died with 69th Legislative Assembly (2025-26). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2303?
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