Text of ND SB 2244 (2025)

25.0808.01000 Sixty-ninth Legislative Assembly of North Dakota Introduced by Senators Paulson, Lemm, Wobbema Representatives Hauck, Steiner, Rohr A BILL for an Act to create and enact a new section to chapter 15.1-06 of the North Dakota Century Code, relating to parental involvement in a child's education; to amend and reenact section 14-09-32.1 of the North Dakota Century Code, relating to a parent's interest in a child's upbringing; and to declare an emergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 14-09-32.1 of the North Dakota Century Code is amended and reenacted as follows: 14-09-32.1. Parent's interest in child's upbringing. 1. As used in this section, a "parent" means parent or legal guardian not including a school or other institution serving in loco parentis. 2. It is the public policy of the state that: a. A parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's child; b. A child has the right to protection from abuse and neglect; and c. The state retains a compelling interest in preventing, assessing, investigating, addressing, and prosecuting abuse and neglect. 3. This section may not be interpreted to supersede chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4. 4. Notwithstanding any other provision of law, a state or local government entity may not burden substantially a parent's fundamental right to exercise primary control over the care, supervision, upbringing, and education of the parent's child, unless applying the burden to the parent and the child is: a. Essential to further a compelling state interest; and b. The least restrictive means of furthering that compelling state interest. Page No. 1 25.0808.01000 SENATE BILL NO. 2244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sixty-ninth Legislative Assembly 5. Parental rights are reserved exclusively to a parent of a child without obstruction by or interference from the state or a political subdivision or other public institution, including the right to: a. Direct the education of the child, including the right to choose public, private, parochial, or home schooling, and the right to make reasonable choices within a public school for the education of the child; b. Access and review any educational record relating to the child that is controlled by or in possession of a school or school board; c. Direct the upbringing of the child; d. Direct the moral or religious training of the child; e. Make and consent to a physical or mental health care decision for the child; f. Access and review any health or medical record relating to the child; g. Consent in writing before a biometric scan of the child is made, shared, or stored; h. Consent in writing before a record of the child's blood or deoxyribonucleic acid is created, stored, or shared, unless authorized pursuant to a court order; i. Consent in writing before a governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as part of: (1) A court proceeding; (2) A law enforcement investigation; (3) A forensic interview in a criminal or department of health and human services investigation; (4) The passive security or surveillance of buildings or grounds; or (5) Any event during which an individual does not have a reasonable expectation of privacy; j. Promptly be notified by an authorized representative of the state or a political subdivision or other public institution if an employee of the entity or institution suspects abuse, neglect, or other criminal offense has been committed against the child, unless the employee has reasonable cause to believe a parent of the child committed the offense; Page No. 2 25.0808.01000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Sixty-ninth Legislative Assembly k. Opt the child out of any personal analysis, evaluation, survey, or data collection by a school district except what is necessary to establish a student's educational record; l. Have the child excused from school attendance for religious purposes; and m. Participate in parent-teacher organizations and other school organizations. 6. This section does not: a. Authorize or allow a parent to abuse or neglect a child as provided under sections 14 - 09 - 22 and 14 - 09 - 22.1; b. Apply to a parental action or decision that would end life; or c. Prohibit a court from issuing an order otherwise permitted by law. 7. An employee of the state or a political subdivision or other public institution, except for law enforcement personnel, may not encourage or coerce a child to withhold information from the child's parent and may not withhold information that is relevant to the physical, emotional, or mental health of the child from a child's parent. 8. A parent claiming to be aggrieved by a violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, including costs and reasonable attorney's fees. A school board shall indemnify and hold harmless all school personnel for any violations of this section. SECTION 2. A new section to chapter 15.1-06 of the North Dakota Century Code is created and enacted as follows: Parental involvement in child's education. 1. As used in this section, a "parent" means parent or legal guardian of a student of a public school within the school district. The term does not include a school or other institution serving in loco parentis. 2. The board of each school district shall: a. Create a plan for parent participation in the school district, which must be designed to improve parent and teacher cooperation in homework, attendance, and discipline; b. Provide parents with information about how to participate in the governance of the school district through the elected school board; Page No. 3 25.0808.01000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sixty-ninth Legislative Assembly c. Upon request, provide information to a parent about the course of study and curriculum for the parent's child, including permitting a parent to: (1) Review curriculum or teacher training materials for each class or course in which a parent's child is enrolled; (2) Review descriptions of assemblies, guest lectures, field trips, or other educational activities facilitated by the child's school; and (3) Meet with the teacher of the class or course, the school's principal, or another representative from the school to discuss the relevant curriculum, teacher training materials, or educational activities; d. Notify a parent at least three days in advance and obtain the parent's written consent before the parent's child receives instruction or attends a presentation relating to gender stereotypes, gender identity, gender expression, sexual orientation, or sexual relationships; e. Permit a parent to withdraw the parent's child from instruction or presentations, assemblies, guest lectures, field trips, or other educational activities facilitated by a school, including those conducted by outside individuals or organizations, conflicting with the parent's religious or moral beliefs or practices; f. Upon request, provide a parent with information about the nature and purpose of clubs and extracurricular activities at the school and may withdraw the parent's child from a club or extracurricular activity. A student shall provide a signed parental permission form before participating in a club or extracurricular activity at the school; g. Obtain a parent's written consent before the parent's child uses a name other than the child's legal name, derivative of the child's legal name, or personal pronouns that do not align with the child's sex. If a parent provides written consent, an individual may not be required to use a name or pronoun that does not align with the child's sex; and h. Provide a parent with information about parental rights and responsibilities under the laws of this state. 3. The board of a school district may adopt a policy permitting parents to submit and receive the information required by this section in electronic form. Page No. 4 25.0808.01000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-ninth Legislative Assembly 4. A parent shall submit a written or electronic request for information pursuant to this section to the school principal or the superintendent of the school district. Within ten days of receiving the request for information, the school principal or the superintendent shall deliver the requested information or a written explanation of the reasons for the denial of the requested information to the parent. If the request for information is denied or the parent does not receive the requested information within ten days, the parent may submit a written request for the information to the board of the school district, which shall consider the request during an executive session at the next meeting of the board. 5. A parent claiming to be aggrieved by a violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief, including costs and reasonable attorney's fees. A school board shall indemnify and hold harmless all school personnel for any violations of this section. SECTION 3. EMERGENCY. This Act is declared to be an emergency measure. Page No. 5 25.0808.01000 1 2 3 4 5 6 7 8 9 10 11 12 13 14