[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6111196,"mediaKeyId","2752835-295a95198ae9314946c3d12d7aeb1f4c","parentId",2752835,"title","Lawmakers weigh penalties and plumbing rules to enforce school restroom law; districts warn of high retrofit costs","audioSeconds",7391,"startMs",3797000,"endMs",11188000,"viewUrl","/Search/View?dp=1&key=2752835-295a95198ae9314946c3d12d7aeb1f4c&start=3797&end=11188","thumbnailUrl","https://assets.pipeline.soar.com/2752835-295a95198ae9314946c3d12d7aeb1f4c/thumbnail_3797000.jpg","articleUrl","/articles/6111196/North-Dakota/Lawmakers-weigh-penalties-and-plumbing-rules-to-enforce-school-restroom-law-districts-warn-of-high-retrofit-costs","mediaUrl","https://secure.pipeline.soar.com/6111196-8cc2c14f3ec772f2111d62e1cf2d9b63/orig.mp4?Expires=1770437036&Signature=NzZbJ5n6LyrKxm2mMAMgmRfjxBXfpyhtC3dtqcxE1ZnOySYbN9I1Vn6geR52cGFNXDMvuaCssgqqc014~kQzv83KssQ1LzCUoW5Az5enxBFM6Y4K0NxasL0ZWZT08L04h5nC8EwRhKTt-ymPXTHFqCIwz~9WxUwYQJtwoHpZnA1ZYxIqddASjXXVlINJ4pRfIELJMUnzslQWn9Ofp52zzjCcUlXOmkcGGaREQWrCrt4oQTvuXIBHNZNWAfB7G6HPcLIRb9bMl3TBWlGPG2wldYYyxv1vyPzsCoS0VkF6Vz5BIL9dhrl2odw3dsqGodEM~lrMP05HA1hqo8eCBKOpkw__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota Legislature","date","2025-03-24T00:00:00Z","article","The Senate Education Committee took testimony on House Bill 11‑44, a proposal to amend section 15.1‑06‑21 of the North Dakota Century Code to add enforcement mechanisms, civil penalties and plumbing guidance intended to ensure school districts comply with an existing 2023 law governing restroom use and transgender student accommodations.

Representative Bill Twit, sponsor of HB 11‑44, told the committee the 2023 measure (House Bill 15‑22) lacked “teeth” and should be enforced after at least one school superintendent publicly said the district would not comply. Twit walked the committee through amendments adopted in the House that would: add a penalty assessment and enforcement process, clarify that district policies or guidelines — explicit or implicit — cannot require or prohibit restroom use inconsistent with the statute, and direct the attorney general to investigate complaints and levy civil penalties, up to $2,500 per violation. Twit said the measure would also address designs that some districts use to circumvent the law by removing gender labels and creating shared spaces.

Supporters said the bill restores the rule of law and protects the privacy and safety of girls. David Tamassee of the North Dakota Catholic Conference told senators “no one is above the law” and argued courts have not definitively extended employment‑law decisions (Bostock) to Title IX. Mark Jorritsma of North Dakota Family Alliance and Concerned Women for America’s Linda Thorson also urged passage, as did several parents who earlier testified that proposed new buildings in their districts had planned communal wash areas that they said compromised girls’ privacy.

Opponents warned the House amendments adopted to HB 11‑44 go beyond the original enforcement goal and would require widespread, costly changes to school facilities. Levi Bachmeier, business manager for West Fargo Public Schools, said the amendment broadened the bill and could effectively ban commonly used restroom designs, creating an immediate fiscal burden. Amy Copa of the North Dakota Council of Educational Leaders presented an estimate — provided to the committee during testimony — that renovating affected bathrooms across the state to comply with the House amendment could cost roughly $140 million to $200 million; a separate estimate cited during the hearing put the figure at about $147 million.

Devil’s Lake Superintendent Ned Kluton said his district had adopted single‑user restrooms in new construction to reduce bullying and vaping; he said the design choices were made before a local bond vote and with extensive community input and that the single‑user model reduced behavior incidents in his schools. West Fargo and other districts urged the committee to return the bill to its original form or to include a grandfathering provision allowing existing facilities to remain in place.

Several senators asked technical questions: Senator Axman asked whether the newly proposed enforcement process would duplicate or conflict with a separate Senate bill (Senate Bill 2104) that establishes procedures for handling school district noncompliance; Representative Twit said his bill is intended to operate separately but could be revisited if another bill becomes law. Committee members also queried architects and school leaders about plumbing distinctions — for example, whether sinks in a shared hallway outside single‑stall toilets should be considered “communal” and therefore covered by the amendment; witnesses said designs vary and that many modern school renovations use shared sink areas to increase supervision and reduce bullying.

No committee vote was recorded. The hearing included numerous requests for refinement: school administrators asked for clarity and for protection of existing facilities, facilities experts warned of large fiscal impacts, and mental‑health and parent witnesses emphasized student safety and privacy. The committee recessed with the bill pending further consideration.

Ending: The hearing left a clear split: sponsors and conservative advocacy groups argued for enforcement and penalties to uphold state law; many school administrators and education leaders urged the committee to limit statewide plumbing mandates or include grandfathering language to avoid large retrofit costs and preserve local control.","mediaType","Video","parentTitle","Senate Education Mar 24, 2025","oneSentenceSummary","House Bill 11‑44 would add enforcement penalties and plumbing rules to a 2023 law about restroom use in schools. Sponsors said enforcement is needed after at least one superintendent publicly said he would not comply; school leaders and facilities experts warned amendments would force costly retrofits and intrude on local control.","taxTitle","Education, Senate, Legislative, North Dakota","taxId",28902,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6111201,"Senate education committee hears bill to define “gender” as biological sex in century code",3295,170000,3465000,"/Search/View?dp=1&key=2752835-295a95198ae9314946c3d12d7aeb1f4c&start=170&end=3465","https://assets.pipeline.soar.com/2752835-295a95198ae9314946c3d12d7aeb1f4c/thumbnail_170000.jpg","/articles/6111201/North-Dakota/Senate-education-committee-hears-bill-to-define-gender-as-biological-sex-in-century-code","https://secure.pipeline.soar.com/6111201-7670d666ba0651f31471a6f2a7359de6/orig.mp4?Expires=1770437036&Signature=FqbaoHIYVcL7yyw3Y1KXBbz5Aydc4NjT2BdJG5V0cCHP-8kD3DF-PWX4knW16JYcbRIzi8qs6L-2Ahc7cdqKfERICkinHdtcwOP1xnE8nYMN8nFmohXgDCuZ47dBBuTGgwsAMcx5Bj6AP0kQs~Aak~Dh2PNtSM45Z8cnE018rBqkABdzN5VOwPm~1dOEpInZTcf-z3T8-n5~1ugwuzNsO3thFGSqRxpla1k6dpXsjxzBoToBslzHiqh9RMCDwNBc2XPIp1pmb1C-bmEdZ9XfqRKnAWR68xwns6Nm2HRbBi0BhTYIwFWTTyCNosZhXPLJ9X5C7sQlbLEz3w9SMbF-qA__&Key-Pair-Id=KUT5TJCACFTXG","The North Dakota Senate Education Committee held a hearing on House Bill 11‑81, a proposal to amend the North Dakota Century Code so that words referencing an individual’s “gender” would be defined as that individual’s sex, and to require that definition for state policies, records and materials used by public schools, institutions under the State Board of Higher Education, and state agencies.

The bill’s sponsor, Representative Sue Ann Olson, told the committee the measure would “align state policy with federal policy” and argued that a binary definition of gender is “scientifically honest” and necessary to preserve opportunities and privacy for girls and women. Olson asked the committee for a “do pass” recommendation.

Supporters who testified said the change would provide clarity and protect female-only spaces. David Tamassee, executive director of the North Dakota Catholic Conference, said the church “insists that transgender persons should be treated with compassion” but that state definitions should reflect “the nature of the human person as either 1 of 2 sexes, male or female.” Linda Thorson, state director for Concerned Women for America Legislative Action Committee of North Dakota, said the bill would “affirm the dignity of women” and protect intimate spaces such as shelters, prisons and sports.

Opponents — including mental‑health and youth advocates, students and parents — said the measure would force school staff and state agencies to ignore students’ gender identity in records and communication and could increase risk of self‑harm among transgender students. Faye Seidler, a suicide‑prevention advocate who has worked with LGBTQ+ youth statewide, told the committee that excluding recognition of gender identity would reduce protective factors for at‑risk youth. Carter Gill of the North Dakota Student Association cited national research showing low overall prevalence of transgender adults in the state but warned the bill would make higher education less welcoming for transgender students. Several witnesses cited intersex conditions and the complexity of biological sex, with testimony noting that intersex variation affects roughly 1.7 percent of the population.

Senators pressed the sponsor about edge cases raised by witnesses. Senator Bauchay asked specifically about intersex individuals; Olson responded that she considered intersex conditions rare and said she expected “a determination has been made” at some point in infancy or childhood and that the Century Code’s existing definition of “sex” would apply. Critics said this answer did not address people whose biology or identity remains non‑binary across their lifetime.

Witnesses on both sides referenced a presidential executive order from Jan. 20, 2025; Representative Olson and several supporters described the order as supporting a two‑sex policy, while opponents said administrative policy can change and that courts and medical associations do not equate sex and gender. Several witnesses cited the 2020 U.S. Supreme Court Bostock ruling during discussion about how federal law applies to educational settings; attorneys and witnesses noted that Bostock addressed employment law and that courts remain divided on whether it extends to Title IX education claims.

No committee vote was recorded in the hearing. Sponsors and multiple supporters asked for a “do pass” recommendation; opponents urged lawmakers to reject or substantially revise the bill. The committee closed public testimony after hours of remarks and moved on to other business.

Ending: The Senate Education Committee heard extensive, often emotional testimony from both sides but did not take a vote during the hearing. Lawmakers will next consider committee deliberations and any amendments before deciding whether to advance the bill to the full chamber.","Supporters told the North Dakota Senate Education Committee the bill would codify a binary gender definition in state records and school materials; opponents and health advocates said it would harm transgender and intersex people and risk students’ safety and mental health. Lawmakers heard hours of testimony but took no vote.","actionData","errors"]

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Lawmakers weigh penalties and plumbing rules to enforce school restroom law; districts warn of high retrofit costs

Senate education committee hears bill to define “gender” as biological sex in century code