Apple Creek School is different in many ways from the 40 other school districts that don't have a high school.

However, for Mike Kraft, president of the school board, the one thing that Apple Creek School has in common with 32 of those districts is what scares him.

The fact that the school has less than 100 students puts the school in the same boat as 32 other schools in the state under Senate Bill 2333.

That bill, which passed the Senate by a vote of 26-19 last month, would force districts without high schools that have less than 100 students to consolidate with one that does.

Kraft said the bill takes away local control, forcing schools to close even though they may be excelling.

"It's hitting us all the same, but we have such a variability of factors," Kraft said.

Apple Creek School, a 15-minute drive from Bismarck, boasts 48 students in kindergarten through sixth grade. The school's building is in better shape than many schools, it is expected to grow and it is one of the oldest schools in the state.

It celebrated its 125th birthday in August.

Although part of the original building remains a part of the school, visitors would not know it. Bright white steel siding shields the exterior from the elements, classrooms are clean and organized and there is almost one computer for each student in some of the classes.

Despite its attractive appearance, technology and quality of staff, parents are worried the school would be closed if the bill passes the House and is signed into law.

Supporters of the bill argue that the districts will still have local control because citizens of the district would have to vote to close a school.

Rep. RaeAnn Kelsch, R-Mandan, chairwoman of the House Education Committee, said the numbers show why the bill is needed.

According to the Department of Public Instruction, on average, school districts without a high school that have less than 100 students levy 60 mills less than one with a high school and pay $3,400 more to educate each of their students.

"It's not a closure issue, it's a tax equity issue," Kelsch said.

Proponents of the bill argue that it is not fair that some districts are only paying for high school when they have students in high school.

In Apple Creek School District, when children reach junior high school age, the district pays tuition for them to attend school in Bismarck.

According to information from Paul Johnson, superintendent of Bismarck Public Schools, Apple Creek paid nearly $200,000 for 46 students in the 2004-05 school year.

Johnson said the Bismarck School Board is normally neutral to this type of legislation except for this year. Johnson said the Bismarck School Board came to a consensus on Feb. 28 to oppose the bill. The reason is that the Bismarck School District would gain 93 students, but would have to provide busing and possibly several other services to the rural students.

Johnson said the Bismarck School District would gain about $277,000 by adding the students, but that doesn't include the cost of busing and other programs that the district might have to provide.

"There's just not enough financial benefit for us to be closing those schools by a legislative decree," Johnson said.

Money isn't Johnson's only concern.

He said it would be more efficient to assimilate all of the 93 students into Bismarck schools, but then the board would have to ask the rural districts to close their small schools, putting him and other officials in a tough position.

Diann Kraft, a teacher and librarian at Apple Creek School, said the school would definitely be in jeopardy of closing if it consolidates with Bismarck.

She said small schools should be able to decide when it is time to dissolve.

"It's part of North Dakota's history," Kraft said.

School officials in other districts surrounding Bismarck and Mandan also are concerned for their schools.

Steve Podoll, assistant principal for the Baldwin School District, said if the bill is solely for tax equity, as its supporters say it is, then language in the bill about school closing would not be needed.

"Most politicians know wording like that would get a lot of attention," Podoll said.

Podoll said the Baldwin School is a family operation because parents are very involved and school board members have dedicated themselves to the school.

"We've had people that have been on the school board for decades," Podoll said.

The Baldwin school has 20 students.

Kelsch expects a close vote.

She said last time the bill passed the House, but not the Senate. However, the bill in 2003 was much different because it required all districts lacking a high school to consolidate, no matter how many students they had.

A hearing on the bill takes place at 8 a.m. Wednesday in the Pioneer Room of the Capitol.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com.)