HB 1565 — A BILL for an Act to create and enact a new section to chapter 15.1-01 of the North Dakota Century Code, relating to establishing a grant program for the education of nonbeneficiary students attending tribally controlled schools; and to amend and reenact section 54-40.2-02 of the North Dakota Century Code, relating to authorization for public agencies and tribes to enter an agreement.

25.0927.0200025.0927.03000 Sixty-ninth Legislative Assembly of North Dakota FIRST ENGROSSMENT ENGROSSED HOUSE BILL NO.

1565 of North Dakota Introduced by Representatives Brown, Davis, Finley-DeVille, Holle, Ista, Murphy, Nelson Senators Marcellais, Mathern A BILL for an Act to create and enact a new section to chapter 15.1-01 of the North Dakota Century Code, relating to establishing a grant program for the education of nonbeneficiary students attending tribally controlled schools.schools;

and to amend and reenact section 54-40.2-02 of the North Dakota Century Code, relating to authorization for public agencies and tribes to enter an agreement.

SECTION 2.

AMENDMENT.

Section 54-40.2-02 of the North Dakota Century Code is amended and reenacted as follows:

1 25.0927.0200025.0927.03000 Sixty-ninth Legislative Assembly 54-40.2-02.

Authorization to enter agreements - General contents.

1.

Any one or more public agencies may enter into an agreement with any one or more tribal governments to perform any administrative service, activity, or undertaking that any of the public agencies or tribal governments are authorized to perform by law and to resolve any disputes, in accordance with this chapter or any other law that authorizes a public agency to enter an agreement.

The agreement must set forth fully the powers, rights, obligations, and responsibilities of the parties to the agreement.

2.

The Indian affairs commission may propose agreements entered into pursuant tounder this chapter and may assist, at the request of any tribe affected by such an agreement, in the negotiation and development of such agreements.

3.

If the public agency contemplating entering into an agreement under this chapter is a school district, or if the agreement permits the enrollment of students into a school district from a tribal school that is operating and receiving funding under the Tribally Controlled Schools Act of 1988, as amended [Pub.

L.

100-297;

25 U.S.C.

2501 et seq.], the school district shall:

a.

Ensure the agreement clearly specifies the board of the school district will retain its identity and decisionmaking authority while fulfilling its statutory duties in accordance with state law;

b.

Provide written notice to the superintendent of public instruction that it is contemplating entering into an agreement under this chapter;

and b.c.

Consider written recommendations that the superintendent makes regarding the agreement.

4.

This chapter does not apply to agreements entered into under section 24-02-02.3 and chapter 54-38 or agreements entered with one or more tribal governments pursuant tounder a state or federally funded program or other activity, including any publicly announced offer of a grant, loan, request for proposal, bid, or other contract originating with a public agency, for which the tribal government is otherwise eligible under federal, state, or local law.

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