25.0440.05000
Sixty-ninth
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; 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
gender neutral restrooms and shower rooms are prohibited.
5.Unless otherwise required by law, a school district, public school, or public school
teacher may not:
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22 Sixty-ninth
Legislative Assembly
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 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.
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.
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.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
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