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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.

69th Legislative Assembly (2025-26) Introduced by Collette Brown and 8 co-sponsors

Creates a state grant program to help tribally controlled schools defray costs of educating nonbeneficiary students, affecting BIA-funded schools, students, and districts via IGAs.

Second reading, failed to pass, yeas 16 nays 74
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Bill Summary · HB 1565

Summary — HB 1565

Note on scope: Multiple unrelated bills numbered HB 1565 appear in the materials provided (from North Dakota, Arkansas, Florida, Indiana, and Illinois). This summary focuses on the North Dakota bill text included in the Legislative Council staff packet (Introduced/First Engrossment versions). A brief list of other HB 1565 variants appears at the end to avoid confusion.

Main purpose and intent

The bill would (1) create a state grant program to help tribally controlled schools defray the costs of educating “nonbeneficiary” students who are enrolled at those schools but are not federally enrolled tribe members or biological children of a descendant member, and (2) amend the statute governing intergovernmental agreements to clarify authorization and procedural requirements when public agencies and tribal governments enter agreements (with special provisions when school districts are involved).

Key provisions

  • New section to chapter 15.1-01 (Tribally controlled schools — Grants for nonbeneficiary students):

    • Defines key terms:
    • “Nonbeneficiary student”: enrolled at a tribally controlled school and not (1) an enrolled member of a federally recognized tribe nor (2) a biological child of a descendant member of an Indian tribe.
    • “Tribally controlled school”: elementary or secondary school in the state receiving BIA assistance under 25 U.S.C. chapter 27 (Tribally Controlled Schools Act).
    • Directs the Superintendent of Public Instruction to provide a grant to tribally controlled schools to defray costs of educating nonbeneficiary students. (The bill text does not specify an appropriation mechanism or per‑pupil amounts.)

  • Amendment to section 54-40.2-02 (Authorization to enter agreements):

    • Confirms that public agencies may enter agreements with tribal governments to perform authorized services and must set out powers/obligations fully.
    • Authorizes the Indian Affairs Commission to propose and assist with agreements at a tribe’s request.
    • Adds special procedural requirements where a school district is a party or where the agreement permits tribal school students to enroll in a district:
    • The district board must retain its identity and decision‑making authority while meeting statutory duties.
    • The district must provide written notice to the Superintendent of Public Instruction and consider written recommendations the Superintendent makes regarding the agreement.
    • Carves out certain agreements from the chapter’s application (e.g., specified statutory programs or grants for which tribes are otherwise eligible).

Who is affected

  • Tribally controlled schools receiving BIA funding and their student populations (particularly nonbeneficiary students).
  • Nonbeneficiary students attending those schools.
  • Superintendent of Public Instruction (administration of grants).
  • School districts entering agreements with tribal governments.
  • Indian Affairs Commission (advisory/assistance role).

Procedural history and status

  • Introduced by Representatives Brown, Davis, Finley‑DeVille, Holle, Ista, Murphy, Nelson and Senators Marcellais, Mathern (Legislative Council staff draft dated Jan 29, 2025).
  • Appeared as both introduced and first engrossed versions in legislative files.
  • Legislative actions in provided timeline: referred to committees and subcommittees; ultimately did not advance to enactment — recorded as “Died in House Committee at Sine Die adjournment” (and other committee-level failures noted).

Potential impacts and open questions

  • Provides an explicit state mechanism to offset costs of educating nonbeneficiary students at tribally controlled schools; fiscal impact is unclear because no appropriation, per‑student formula, or funding source is specified in the text.
  • Could affect enrollment arrangements and finances of tribally controlled schools and neighboring public districts where agreements are negotiated.
  • Raises implementation questions (grant amounts, eligibility verification, reporting, interplay with federal BIA funding, and administrative burden on the Superintendent’s office).

Other bills numbered HB 1565 (brief)

  • Arkansas HB 1565: permits property owners to opt out of having property-owner information posted in county assessor online databases.
  • Florida CS/HB 1565: expands allowable expenditures for scholarship programs (Family Empowerment Scholarship / Florida Tax Credit Scholarship) to cover certain instructional programs and digital devices.
  • Indiana HB 1565: proposed social service provider tax credit chapter.
  • Illinois HB 1565: proposed “Anti-Click Gambling Data Analytics Collection Act” prohibiting certain predictive data collection by remote gambling operators.

If you want, I can produce a focused one‑page fiscal/operational impact memo for North Dakota’s HB 1565 that lists likely administrative steps, data needs, and estimated cost drivers to implement the grant program.

Compiled from official sources — confirm details with the bill’s official record.

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