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-25.0440.03000
+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; to provide
-a penalty; and to declare an emergency.
+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.
+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.
+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.
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 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.
+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
+Page No. 1 25.0440.04004
+ENGROSSED HOUSE BILL NO. 1144
+FIRST ENGROSSMENT
+PROPOSED AMENDMENTS TO
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+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:
-Page No. 1 25.0440.03000
- HOUSE BILL NO. 1144
-
+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.
+Page No. 2 25.0440.04004
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-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.
-Page No. 2 25.0440.03000
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