Committee adopts DPI authority and timeline for implementing 'presidential' fitness testing in schools

Joint Policy Committee (North Dakota Legislature) · January 21, 2026

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Summary

Lawmakers voted to advance House Bill 1621 with amendments giving the superintendent of public instruction authority to establish criteria and exemptions aligned with forthcoming federal guidance; the committee set an effective date that aligns with a school year to allow rulemaking and implementation.

The joint policy committee advanced House Bill 1621 after adopting amendments that clarify how the requirement to administer a presidential physical fitness test would be implemented.

Krista Fremming of the Medical Services Division testified the bill was designed to embed physical‑fitness testing in K‑12 physical education, help students develop lifelong physical activity habits, and was part of the state’s rural health transformation plan that contributed to federal grant scoring. Fremming said the federal government was expected to issue guidance about what the restored presidential fitness test would require.

Committee members pressed for specifics. Representative Jonas and others asked what benchmarks or tests would be required; Fremming and DPI representatives said they were awaiting federal guidance and that DPI would need authority to adopt criteria and exemptions for students with disabilities. Representative Killeen and other members raised drafting concerns about inserting a reference to a federal program that is not yet finalized.

Senator Clemens offered an amendment to exempt nonpublic schools from the mandate; that amendment failed on a recorded roll call. Senator Hogan then offered an amendment giving the superintendent of public instruction authority to establish criteria and exemptions in alignment with federal guidance and a practical effective date (August 1, 2027) so DPI could prepare rules and guidance. The committee later approved a clarifying phrase — adding 'criteria for' — to ensure DPI’s authority included both criteria and exceptions.

With those changes, the committee recorded a due‑pass vote and forwarded HB 1621 as amended. Sponsors said the changes were intended to preserve the state’s ability to secure rural health transformation points while protecting local implementation flexibility for schools and students.