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Bill to clarify school referrals to juvenile court advances after advocates and educators back changes
Summary
House Bill 1328 would adjust juvenile referral rules to permit schools to involve law enforcement after exhausting school disciplinary avenues and includes protections and funding for regional education agencies; the Senate Education Committee gave the bill a due‑pass recommendation.
House Bill 1328 would modify rules about when schools may refer delinquency or law‑violating incidents to juvenile court, clarifying that schools should exhaust internal disciplinary measures first but may involve law enforcement more quickly in higher‑grade or serious incidents. The bill also was presented alongside a $750,000 appropriation to support regional education agencies (REA) to work with schools and students in need of behavioral interventions.
Representative Heiner (sponsor) said the proposal grew from juvenile justice reform work in prior sessions; the sponsor and other stakeholders revisited the statute language with members of the juvenile justice task force and with school leaders to clarify procedures after prior changes reduced some options for schools. Heiner said the changes seek to move cases through appropriate channels faster while increasing resources for schools to address students’ needs.
Amy Copas, executive director of the North Dakota Council of Educational Leaders, testified in favor and said the bill restores flexibility schools need to call law enforcement when appropriate while retaining the expectation that schools use disciplinary policies and interventions first. “We need to utilize all of our policies and everything in our tool belt. But now we can call the we can call law enforcement when it's appropriate,” Copas said.
Veronica Zietz of the Protection and Advocacy Project (P&A) testified that P&A supports the bill’s directive that schools exhaust disciplinary actions before juvenile court referral and said P&A also appreciated House amendments that addressed parental custody concerns. Zietz said the changes should limit justice involvement for students with disabilities who may have disability‑related behaviors and that the bill includes safeguards P&A supports.
Committee members discussed the balance between school flexibility and potential increases in referrals; senators said they would monitor how the policy plays out in practice. Senator Boushey moved a due‑pass motion for House Bill 1328, seconded by Senator Axman; the committee approved the motion 5‑0‑1. Senator Wabam volunteered to carry the bill.
