Skip to main content
Find a Lawyer

North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-06-21. Transgender student accommodations--Restroom use--Enforcement--Penalty

Current as of January 01, 2024 | Updated by Findlaw Staff

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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 15.1. Elementary and Secondary Education § 15.1-06-21. Transgender student accommodations--Restroom use--Enforcement--Penalty - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-15-1-elementary-and-secondary-education/nd-cent-code-sect-15-1-06-21/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard