North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1144 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0440.04004
2		-	Title.05000
3		-	Adopted by the Senate Education
4		-	Committee
	1	+	25.0440.04000
5	2		Sixty-ninth
6		-	April 9, 2025
7	3		Legislative Assembly
8	4		of North Dakota
9	5		Introduced by
10	6		Representatives Tveit, D. Anderson, Frelich, Klemin, McLeod, S. Olson, Rohr, Schatz
11	7		Senators Weston, Clemens
12	8		A BILL for an Act to amend and reenact section 15.1-06-21 of the North Dakota Century Code,
13	9		relating to transgender student accommodations and restroom use in public schools; and to
14		-	provide a penalty~~; and to declare an emergency~~.
	10	+	provide a penalty.
15	11		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
16	12		SECTION 1. AMENDMENT. Section 15.1-06-21 of the North Dakota Century Code is
17	13		amended and reenacted as follows:
18	14		15.1-06-21. Transgender student accommodations - Restroom use - Enforcement -
19	15		Penalty.
20	16		1.A board of a school district, public school, or public school teacher may not adopt a
21	17		policy that requires or prohibits anyor guidelines, whether implicit or explicit, requiring
22	18		or prohibiting an individual from using a student's preferred gender pronoun.
23	19		2.A board of a school district shall establish, with the approval of the parent or legal
24	20		guardian, a plan for the use of a separate restroom accommodation for a transgender
25	21		student.
26	22		3.A board of a school district or a public school shall prohibit a student from using a
27	23		restroom that does not coincide with the student's biological sex.
28	24		4.A restroom or shower room on school grounds, which is accessible by multiple
29	25		individuals at one time, must be designated for use exclusively for males or exclusively
30	26		for females and may be used only by members of the designated sex. Multi-stall or
31	27		multi-room gender neutral restrooms and shower rooms are prohibited. A restroom for
32		-	Page No. 1 25.0440.04004
	28	+	males and a restroom for females may not be located together with a communal sink
	29	+	or communal area where students enter and exit an individual stall or room.
	30	+	Page No. 1 25.0440.04000
33	31		ENGROSSED HOUSE BILL NO. 1144
34	32		FIRST ENGROSSMENT
35		-	PROPOSED AMENDMENTS TO
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55		-	20 Sixty-ninth
	52	+	20
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	54	+	22 Sixty-ninth
56	55		Legislative Assembly
57		-	males and a restroom for females may not be located together with a communal sink
58		-	or communal area where students enter and exit an individual stall or room.
59	56		5.Unless otherwise required by law, a school district, public school, or public school
60	57		teacher may not:
61	58		a.Adopt a policy or guidelines, whether implicit or explicit, concerning a particular
62	59		student's transgender status without approval from the student's parent or legal
63	60		guardian; or
64	61		b.Withhold or conceal information about a student's transgender status from the
65	62		student's parent or legal guardian.
66	63		6.The parent of a student in a school district may submit a complaint to the attorney
67	64		general, in the manner prescribed by the attorney general, if the school district
68	65		appears to the parent to be violating this section.
69		-	7. Upon receipt of a complaint under subsection 6, the ~~The~~ attorney general shall enforce
70		-	~~this~~ section and may conduct investigations by:
	66	+	7.Upon receipt of a complaint under subsection 6, the attorney general shall enforce this
	67	+	section and may conduct investigations by:
71	68		a.Examining under oath any individual responsible for an alleged violation of this
72	69		section.
73	70		b.Issuing subpoenas.
74	71		c.Applying to a district court for an order enforcing the subpoena or other
75	72		investigation demand.
76		-	8. 7. For a violation of this section, the attorney general may seek and obtain a declaratory
	73	+	8.For a violation of this section, the attorney general may seek and obtain a declaratory
77	74		judgment or injunction in district court which prohibits the board of a school district, a
78	75		public school, or a public school teacher from continuing the unlawful practice.
79		-	9. 8. The court may assess a civil penalty in an amount not to exceed two thousand five
	76	+	9.The court may assess a civil penalty in an amount not to exceed two thousand five
80	77		hundred dollars for each violation of this section.
81	78		10.If a school had the number of toilets per students required by the state plumbing board
82	79		on January 1, 2025, and modifying the designation of a gender neutral restroom to an
83	80		exclusively male or exclusively female restroom to comply with this section causes the
84	81		school to be out of compliance with the required toilet to student ratio of the state
85	82		plumbing board, the school is exempt from that requirement.
86		-	SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
87		-	Page No. 2 25.0440.04004
	83	+	Page No. 2 25.0440.04000
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