The Honorable Jim Grueneich
AGO 2019-L-9
Letter Opinion 2019-L-09
North Dakota Attorney General Opinion
October 23, 2019
The
Honorable Jim Grueneich
State
Representative, District 12
3051 83
1/2 Ave SE
Jamestown,
ND 58401
Dear
Representative Grueneich:
Thank
you for your letter asking for clarification as to
eligibility for the skilled workforce student loan repayment
program. You ask whether the program would apply to four-year
degree programs for high-demand occupations. It is my opinion
that four-year degree programs for high-demand occupations
designated by the Workforce Development Council (WDC) and the
State Board of Higher Education (SBHE) are eligible for the
loan repayment program.
BACKGROUND
During
the 2019 session, the Legislative Assembly enacted House Bill
No. 1171, which created two programs designed to support the
skilled workforce needs of North Dakota: a student loan
repayment program N.D.C.C. § 15-10-38.1 and a
scholarship program under N.D.C.C. §
15-10-38.2.1 The programs share a similar, but not
identical, structure. Both instruct the North Dakota State
Board of Higher Education (SBHE) to adopt policies and
procedures to “develop, implement, promote, and
administer” the programs, in cooperation with the Bank
of North Dakota (BND) and the North Dakota Workforce
Development Council (WDC).2 To enable the SBHE to create the
programs, both sections instruct WDC to work with Job Service
North Dakota to determine the high-demand professional and
technical skills and emerging occupations in the
state.3 The SBHE is then instructed to work with
WDC to create a list of qualifying educational programs,
which must pertain to the list of skills and occupations
created by WDC and Job Service North Dakota.[4]
Graduates
may apply for the student loan repayment program, provided
they: 1) successfully complete a qualifying educational
program from an eligible institution of higher education; 2)
have a student loan with the Bank of North Dakota or other
participating lender; 3) reside and work in North Dakota in
an eligible occupation; and 4) meet and continue to meet any
requirements established by rule.5
By
contrast, the skilled workforce scholarship program requires
that applicants must: 1) be enrolled in an eligible qualified
educational program; 2) maintain a 2.5 cumulative grade point
average (or maintain progress in the program...
