Panel opposes mandated psychological exams for school counselors; advocates warn of access loss

Representative Don Vigasaw introduced House Bill 1490, a constituent‑driven proposal requiring school counselors to undergo regular psychological evaluations and to obtain clearance before meeting privately with students.

Supporters who testified described local abuse cases and argued evaluations could prevent misconduct and restore trust. Ivan Berg, a parent and business owner who said his family was harmed in a local case, told the committee the measure "aims to raise the standard of quality of school counseling while regaining public trust."

Opponents, including school counselors and the North Dakota School Counselor Association, urged a do‑not‑pass recommendation. Counselors testified that their credentialing already includes a master’s degree, supervised internships, background checks, licensing, continuing professional development, and ethical codes that can result in credential discipline. They warned that mandatory psychological evaluations every two years would divert scarce clinical appointments away from children in need and could disrupt confidential student‑counselor relationships.

"I personally do not believe a person who has an intent to harm is going to go to psychological evaluation and disclose that," said Whitney Hoffer, a Dickinson school counselor, adding that the state’s mental‑health system already has long wait lists. Counselors also argued the bill would single out counselors for scrutiny not applied to other school employees who meet privately with students.

Parents who supported the bill asked for additional safeguards and written parental notice before students receive individualized counseling; allies said existing confidentiality rules leave some parents uncertain about who sees their children alone.

Representatives asked witnesses about access to mental‑health services, how schools secure parental consent or opt‑out processes, and existing credentialing and background‑check practices. North Dakota School Counselor Association president Angel Linseth (spelling from testimony) called the bill "unnecessary and unjustified" and said adding this requirement would create barriers when student mental‑health needs are acute.

The committee heard multiple opposing witnesses who emphasized ethical and legal confidentiality protections and suggested local administrative and licensing remedies are better suited than a statutory psychological‑evaluation mandate. No committee recommendation was recorded in the hearing record during this session.