A BILL for an Act to create and enact a new chapter to title 15.1 of the North Dakota Century Code, relatin...
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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
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removedPlain-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.
25.0768.0200025.0768.03000 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.
"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 implementassist 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,age. regardless of household income.
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 25.0768.0200025.0768.03000 Sixty-ninth Legislative Assembly 7.6.
"Participating"Parent" school" means anya privateresident schoolof providingthis educationstate towho elementaryis students,a secondaryparent, students,guardian, custodian, or bothother thatperson haswith notified the administratorauthority of the school's intention to participateact inon thebehalf educationof savings account program and comply with the educationchild. savings account program requirements under this chapter and related administrative rules.
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 by July fifteenth of each year shall deposit into aneach education savings account eightysixty 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 with the department promising:
To use education savings account program funds solely for qualified expenses under this chapter;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 25.0768.0200025.0768.03000 Sixty-ninth Legislative Assembly a.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.
ATextbooks textbookand supplies as required by a participating school;
Payment for purchaseeducational oftherapy curriculum;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;
TuitionPayment or fees for apurchase nonpublicof onlinecurriculum; learning program;
FeesTuition for national norm-referenced examinations, advanced placement examinations or similarfees courses,for anda anynonpublic examinationsonline relatedlearning toprogram; college or university admission;
ComputerFees hardware, software, or other technological device that is used solely for anational student'snorm-referenced educationalexaminations, needsadvanced andplacement approvedexaminations by the department or asimilar licensedcourses, physician,and providedany hardwareexaminations purchasedrelated withto educationcollege savingsor accountuniversity fundsadmission; may not be resold within one year of purchase;
ReasonableComputer feeshardware, forsoftware, transportationor paidother totechnological adevice fee-for-servicethat transportationis providerused solely for a student's educational needs and approved by the studentdepartment toor travela tolicensed andphysician, fromprovided anhardware purchased with education servicesavings provider;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.
ork. j.
A textbook required for college or university courses.courses;
and l.
Upon graduation, a transfer to a North Dakota education savings plan under section 6-09-38.
AThe participatingadministrator school, private tutor, eligible postsecondary institution, or other education service provider may notadjust refund,the rebate,qualified orexpenses shareidentified ain student'ssubsection grant4, withif anecessary. parent or the student in any manner.
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.
FundsA notparticipating expendedstudent overmust inform the coursedepartment of athe student's school yeardistrict mayof beresidence carried forward for usethe inpurposes theof followingcalculating schoolstate yearaid for a child who remains in the educationschool savingsdistrict accountof Pageresidence. No.
The department shall forward ten percent of the dollar amount under subsection 3 25.0768.02000of Sixty-ninthsection Legislative15.1-27-04.1 Assemblyfor program.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.
Show all 78 changed lines (38 more)
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:
Comply with all health and safety laws or codes that apply to privateparticipating schools;
HoldObtain acertification validof occupancyapproval permitunder ifsection required15.1-06-06.1; by the school's municipality;
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: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 25.0768.0200025.0768.03000 Sixty-ninth Legislative Assembly (1)b. Ensure compliance with all student privacy laws;
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:
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 byunder law;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 privateparticipating 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.
6 25.0768.0200025.0768.03000 Sixty-ninth Legislative Assembly Department of public instruction - Administrator - Duties.
7 25.0768.0200025.0768.03000 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 privateparticipating schools.
8 25.0768.0200025.0768.03000
Show all 78 changed rows (38 more)
View plain text versions (2)
- Engrossed FIRST ENGROSSMENT Current pdf
- Introduced View text pdf
Action History
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Second reading, failed to pass, yeas 20 nays 24
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Amendment adopted, placed on calendar
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Reported back amended, do not pass, placed on calendar 4 2 0
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Committee Hearing 02:30
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Introduced, first reading, referred Education Committee
Sponsors
- Ben Koppelman · Cosponsor
- Dori Hauck · Cosponsor
- Justin Gerhardt · Cosponsor
- Claire Cory · Cosponsor
- Keith Boehm · Cosponsor
- Mike Wobbema · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on · 24 voted No
Sponsors (1)
- Wobbema, Mike Republican
Co-sponsors (5)
- Koppelman, Ben Republican
- Hauck, Dori Republican
- Gerhardt, Justin Republican
- Cory, Claire Republican
- Boehm, Keith Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 20 | 19 | 0 | 3 |
| Democratic | 0 | 5 | 0 | 0 |
| Total | 20 | 24 | 0 | 3 |
| % 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 |
Subjects
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?
- Track SB 2303 free on One Click Politics — get push/email alerts when it moves.
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