25.0440.04004
Title.05000
Adopted by the Senate Education
Committee
Sixty-ninth
April 9, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives Tveit, D. Anderson, Frelich, Klemin, McLeod, S. Olson, Rohr, Schatz
Senators Weston, Clemens
A BILL for an Act to amend and reenact section 15.1-06-21 of the North Dakota Century Code,
relating to transgender student accommodations and restroom use in public schools; and to
provide a penalty; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 15.1-06-21 of the North Dakota Century Code is
amended and reenacted as follows:
15.1-06-21. Transgender student accommodations - Restroom use - Enforcement -
Penalty .
1.A board of a school district, public school, or public school teacher may not adopt a
policy that requires or prohibits anyor guidelines, whether implicit or explicit, requiring
or prohibiting an individual from using a student's preferred gender pronoun.
2.A board of a school district shall establish, with the approval of the parent or legal
guardian, a plan for the use of a separate restroom accommodation for a transgender
student.
3.A board of a school district or a public school shall prohibit a student from using a
restroom that does not coincide with the student's biological sex.
4.A restroom or shower room on school grounds, which is accessible by multiple
individuals at one time, must be designated for use exclusively for males or exclusively
for females and may be used only by members of the designated sex. Multi-stall or
multi-room gender neutral restrooms and shower rooms are prohibited. A restroom for
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ENGROSSED HOUSE BILL NO. 1144
FIRST ENGROSSMENT
PROPOSED AMENDMENTS TO
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20 Sixty-ninth
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males and a restroom for females may not be located together with a communal sink
or communal area where students enter and exit an individual stall or room.
5.Unless otherwise required by law, a school district, public school, or public school
teacher may not:
a.Adopt a policy or guidelines, whether implicit or explicit, concerning a particular
student's transgender status without approval from the student's parent or legal
guardian; or
b.Withhold or conceal information about a student's transgender status from the
student's parent or legal guardian.
6.The parent of a student in a school district may submit a complaint to the attorney
general, in the manner prescribed by the attorney general, if the school district
appears to the parent to be violating this section.
7. Upon receipt of a complaint under subsection 6, the The attorney general shall enforce
this section and may conduct investigations by:
a.Examining under oath any individual responsible for an alleged violation of this
section.
b.Issuing subpoenas.
c.Applying to a district court for an order enforcing the subpoena or other
investigation demand.
8. 7. For a violation of this section, the attorney general may seek and obtain a declaratory
judgment or injunction in district court which prohibits the board of a school district, a
public school, or a public school teacher from continuing the unlawful practice.
9. 8. The court may assess a civil penalty in an amount not to exceed two thousand five
hundred dollars for each violation of this section.
10. If a school had the number of toilets per students required by the state plumbing board
on January 1, 2025, and modifying the designation of a gender neutral restroom to an
exclusively male or exclusively female restroom to comply with this section causes the
school to be out of compliance with the required toilet to student ratio of the state
plumbing board, the school is exempt from that requirement.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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