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

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…