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Legislature considering ending Constitutional prohibition against state support of non-public school

The House Judiciary Committee is considering a measure to remove the state Constitutional prohibition on state support for non-public religious schools.

Rep. Bette Grande (R-Fargo) is the resolution’s sponsor. She says not all children can learn in a public school setting.

"We have children that could benefit greatly from a private school system," said Grande. "They're hindered from that due the financial constraints. Yet that is the parent who is paying taxes that cover the public schools and then paying yet again."

Grande says if the state can relieve that finncial burden, it would benefit all students.

Education groups oppose the idea. Jon Martinson is the executive director of the North Dakota School Boards Association. He says he thinks direct state payments to non-public schools would violate the First Amendment’s separation of church and state. And Martinson says there are other reasons to oppose it.

"Non-public schools are not subject to open meetings and open records laws," said Martinson. "They are not required to accept students with special needs. They are not required to comply with state non-renewal laws. They are not required to comply with state law regarding student suspension and expulsion. They operate under different rules. Our concern is that taxpayer money should not go to private entities that are not held to the same accountability standards as public schools."

If this Constitutional change would pass both houses, it would be on the ballot in 2014.

The measure is HCR 3037.

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