This text of North Dakota § 15.1-06-21 (Transgender student accommodations - Restroom use - Enforcement - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Penalty.
1.A board of a school district, public school, or public school teacher may not adopt a
policy or 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 des
Free access — add to your briefcase to read the full text and ask questions with AI
Penalty.
1. A board of a school district, public school, or public school teacher may not adopt a
policy or 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. This subsection does not
apply to a restroom in existence on July 1, 2025.
5. Notwithstanding subsection 4:
a. An individual may use a restroom in accordance with the federal Individuals with
Disabilities Education Act of 1990 [20 U.S.C. 1400 et seq.], section 504 of the
federal Rehabilitation Act of 1973 [29 U.S.C. 794], the federal Americans with
Disabilities Act [42 U.S.C. 12131 et seq.]; and
b. A public school may change the designation of a restroom or shower room from
one designated sex to the other designated sex to accommodate a school-
sponsored event.
6. 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.
7. The parent of a student in a school district may submit a complaint to the school
district, in the manner prescribed by the school district policy, if the school district
appears to the parent to be violating this section.
8. After the parent has made a complaint under subsection 7, if it appears to the parent
the school district is violating this section, the parent may submit a complaint to the
attorney general.
9. Upon receipt of a complaint under subsection 8, 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.
10. 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.
11. The court may assess a civil penalty in an amount not to exceed two thousand five
hundred dollars for each violation of this section.