House Bill 1144

Relating to gender identity and accommodations in schools

Click here for complete information on HB 1144, including updates, hearings, and testimony submission.

What will this bill do?

  • Clarifies and strengthens a bill that was passed during the last legislative session and provides a penalty option for failure to comply.

    • The current law in question:

      • Prohibits a government entity from adopting a policy requiring an employee to:

        • Use an individual's preferred pronoun when addressing or mentioning the individual in work-related communications; or

        • Designate the employee's preferred pronoun in work-related communications.

      • Prohibits public school boards and teachers from adopting a policy that requires or prohibits the use of a student's preferred gender pronoun.

      • Requires school boards, with the approval of the parent or legal guardian, to implement a plan for the use of a separate restroom accommodation for a transgender student.

      • Prohibits students from using a restroom that does not coincide with the student's biological sex.

      • Prohibits a school district, public school, or public school teacher from:

        • Adopting a policy concerning a particular student's transgender status without approval from the student's parent or legal guardian

        • Withholding or concealing information about a student's transgender status from the student's parent or legal guardian.

  • Proposed additions to the current law include:

    • Clarifying that 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.

    • Requiring that restrooms and shower rooms on school grounds be designated exclusively for males or exclusively for females and may be used only by members of the designated sex.

    • Prohibiting multi-stall gender neutral restrooms and shower rooms.

    • Empowering the Attorney General to enforce and prosecute for failing to comply.

    • Providing a civil penalty option not to exceed $2500 for failing to comply.

Why is this bill needed?

  • Fargo Superintendent of Schools Rupak Gandhi announced to the school board at their May 9, 2023 meeting that he and the school district would not be following the recently signed-into-law HB 1522. The open defiance of Gandhi to follow state law highlights the need to hold activist educators accountable for breaking the law and overstepping parental authority.

  • Federal agencies have tried to force schools to grant access to sex-specific intimate facilities based on self-declared gender identity instead of biological sex.

  • Students, particularly women and girls, have valid concerns about privacy and safety in intimate spaces.

Resources

The following resources provide further information and context regarding the need for HB 1144.