23.1011.03000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1526
of North Dakota
Introduced by
Representatives Dyk, Hoverson, Prichard, Rios, Timmons
Senator Beard
1 A BILL for an Act to create and enact a new section to chapter 14-02.4, a new section to chapter
2 15.1-07, and three new sections to chapter 15.1-21 of the North Dakota Century Code, relating
3 to school discrimination, parental rights and involvement in school, curbing of social emotional
4 learning, required curriculum, and the review and recommendation of instructional materials; to
5 amend and reenact subsection 6 of section 14-02.4-02 and section 15.1-21-24 of the North
6 Dakota Century Code, relating to the definition of a discriminatory practice and reproductive
7 health education requirements; and to provide a penalty.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Subsection 6 of section 14-02.4-02 of the North Dakota
10 Century Code is amended and reenacted as follows:
11 6. "Discriminatory practice" means an:
12 a. An act or attempted act which because of race, color, religion, sex, national
13 origin, age, physical or mental disability, status with regard to marriage or public
14 assistance, or participation in lawful activity off the employer's premises during
15 nonworking hours which is not in direct conflict with the essential
16 business-related interests of the employer results in the unequal treatment or
17 separation or segregation of any persons, or denies, prevents, limits, or
18 otherwise adversely affects, or if accomplished would deny, prevent, limit, or
19 otherwise adversely affect, the benefit of enjoyment by any person of
20 employment, labor union membership, public accommodations, public services,
21 or credit transactions. The term "discriminate" includes segregate or separate
22 and for purposes of discrimination based on sex, it includes sexual harassment.
23 Sexual harassment includes unwelcome sexual advances, requests for sexual
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1 favors, sexually motivated physical conduct or other verbal or physical conduct or
2 communication of a sexual nature when:
3 a. (1) Submission to that conduct or communication is made a term or condition,
4 either explicitly or implicitly, of obtaining employment, public
5 accommodations or public services, or education;
6 b. (2) Submission to or rejection of that conduct or communication by an individual
7 is used as a factor in decisions affecting that individual's employment, public
8 accommodations or public services, education, or housing; or
9 c. (3) That conduct or communication has the purpose or effect of substantially
10 interfering with an individual's employment, public accommodations, public
11 services, or educational environment; and in the case of employment, the
12 employer is responsible for its acts and those of its supervisory employees if
13 it knows or should know of the existence of the harassment and fails to take
14 timely and appropriate action.
15 b. A violation of section 2 of this Act.
16 SECTION 2. A new section to chapter 14-02.4 of the North Dakota Century Code is
17 created and enacted as follows:
18 Discriminatory practices - State education system.
19 1. As used in this section:
20 a. "Bodily contact sports" means sports including wrestling, boxing, rugby,
21 ice hockey, football, and basketball, in which the purpose or major activity
22 involves bodily contact.
23 b. "Sex" means the biological state of being female or male, based on the
24 individual's nonambiguous sex organs, chromosomes, and endogenous hormone
25 profiles at birth and acknowledged accordingly on the individual's original birth
26 certificate.
27 c. "State education system" means a school district under the purview of the
28 superintendent of public instruction, including a student or employee of the
29 school district, and an institution of higher education under the control of the state
30 board of higher education, including a student or employee of the institution.
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1 2. An individual may not be excluded from participation in, be denied the benefits of, or
2 be subjected to discrimination as an employment condition or practice conducted by a
3 state education system institution that receives or benefits from federal or state
4 financial assistance.
5 3. Admission to a class may not be based on race, color, national origin, sex, disability,
6 religion, or marital status.
7 4. A class must be available to a student regardless of race, color, national origin, sex,
8 disability, religion, or marital status. This subsection may not be interpreted as
9 prohibiting meeting the needs of a student with limited proficiency in English, a gifted
10 student, or a student with disabilities or a program tailored to a student with a
11 specialized talent or skill.
12 5. A student may be separated by sex for any portion of a class that deals with human
13 reproduction.
14 6. Guidance services, counseling services, and financial assistance services in the state
15 education system must be available to a student regardless of race, color, national
16 origin, sex, disability, religion, or marital status.
17 7. The state education system may operate or sponsor separate teams for members of
18 each sex if the selection for such teams is based upon competitive skill or the activity
19 involved is a bodily contact sport.
20 8. This section does not prohibit grouping students in a physical education class or
21 activity by ability assessed by objective standards of individual performance developed
22 and applied regardless of sex. However, when use of a single standard of measuring
23 skill or progress in a physical education class has an adverse effect on an individual of
24 one sex, the educational institution shall use appropriate standards which do not have
25 that effect.
26 9. A state education system institution that operates or sponsors interscholastic,
27 intercollegiate, club, or intramural athletics shall provide equal athletic opportunity for
28 an individual regardless of sex.
29 a. The state board of higher education shall determine whether an institution it
30 administers provides equal opportunities.
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1 b. The superintendent of public instruction shall determine whether school districts
2 provide equal opportunities. Factors to consider in making this determination
3 include:
4 (1) Whether the selection of sports and competition levels effectively
5 accommodate the interests and abilities of an individual regardless of sex;
6 (2) Access to equipment and supplies;
7 (3) Scheduling of games and practice times;
8 (4) Travel and per diem allowance;
9 (5) An opportunity for an individual to receive coaching and academic tutoring;
10 (6) Assignment and compensation of coaches and tutors;
11 (7) Access to locker rooms and practice or competitive facilities;
12 (8) Access to medical or training facilities and services;
13 (9) Provision of housing or dining facilities and services; and
14 (10) Publicity.
15 c. An unequal aggregate expenditure for individuals of one sex or for single-gender
16 teams in a state education system sponsoring separate teams, does not
17 constitute a violation of this subsection, but the superintendent of public
18 instruction and the state board of higher education shall consider the failure to
19 provide necessary funds for a single-gender team in assessing equality of
20 opportunity for individuals of each sex.
21 10. Subjecting a student or employee to training or instruction that espouses, promotes,
22 advances, inculcates, or compels such student or employee to believe any of the
23 following concepts is a discriminatory practice:
24 a. An individual of one race, color, sex, or national origin:
25 (1) Is morally superior to an individual of another race, color, sex, or national
26 origin.
27 (2) Is required to treat another individual differently based on race, color, sex, or
28 national origin.
29 b. An individual, by virtue of the individual's race, color, sex, or national origin:
30 (1) Is inherently marginalized, supremacist, racist, sexist, or oppressive,
31 whether consciously or unconsciously.
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1 (2) Bears responsibility for, or should be discriminated against or receive
2 adverse treatment because of, an action committed in the past by an
3 individual of the same race, color, sex, or national origin.
4 (3) Should be discriminated against or receive adverse treatment to achieve
5 diversity, equity, or inclusion or should be the benefactor of wealth
6 redistribution in order to achieve equality.
7 (4) Bears personal responsibility for and must feel guilt, anguish, or other forms
8 of psychological distress because of an action, in which the individual
9 played no part, committed in the past by an individual of the same race,
10 color, sex, or national origin.
11 c. An individual's moral character or status as either privileged or oppressed is
12 necessarily determined by the individual's race, color, sex, or national origin.
13 d. A virtue, including merit, excellence, hard work, fairness, neutrality, objectivity,
14 and racial colorblindness, is racist or sexist, was created by an individual of a
15 particular race, color, sex, or national origin to oppress an individual of another
16 race, color, sex, or national origin, or that wealth redistribution would improve the
17 United States.
18 11. This section may not be construed to prohibit discussion of a concept listed in
19 subsection 10 as part of a course of training or instruction, provided the training or
20 instruction is given in an objective manner without endorsement of the concept.
21 12. The superintendent of public instruction and the state board of higher education shall
22 develop and implement a method or strategy to increase the participation of a student
23 of a particular race, color, national origin, sex, disability, or marital status in a program
24 or course in which students of that particular race, color, national origin, sex, disability,
25 or marital status have been traditionally underrepresented, including mathematics,
26 science, computer technology, electronics, communications technology, engineering,
27 and career education. The superintendent of public instruction shall study the
28 effectiveness of the method or strategy, including performing followup monitoring.
29 SECTION 3. A new section to chapter 15.1-07 of the North Dakota Century Code is created
30 and enacted as follows:
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1 Academic progress - Information for parents.
2 A school district shall provide a parent of a public school student with accurate and timely
3 information regarding the student's academic progress and strategies for a parent to help a
4 parent's student succeed in school.
5 SECTION 4. AMENDMENT. Section 15.1-21-24 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 15.1-21-24. Health curriculum - Content.
8 1. Beginning July 1, 2012, each school district and nonpublic school shall ensure that the
9 portion of its health curriculum which is related to sexual health includes instruction
10 pertaining to the risks associated with adolescent sexual activity and the social,
11 psychological, and physical health gains to be realized by abstaining from sexual
12 activity before and outside of marriage.
13 2. Instructional materials used to teach reproductive health or any disease, including
14 human immunodeficiency virus infection and acquired immunodeficiency syndrome, its
15 symptoms, development, and treatment, must be approved annually by the board of a
16 school district in an open public meeting.
17 3. A public school student must be exempted from the teaching of reproductive health or
18 any disease, including human immunodeficiency virus infection and acquired
19 immunodeficiency syndrome, if the student's parent makes a written request to the
20 school principal. A school district shall provide notice of this right and the process to
21 request an exemption on a school district's website homepage. A school district
22 homepage must include a link for a student's parent to access and review the
23 instructional materials used to teach the curriculum.
24 SECTION 5. A new section to chapter 15.1-21 of the North Dakota Century Code is created
25 and enacted as follows:
26 Required instruction - Noncompliance - State aid withholding.
27 1. A member of the instructional staff of a public school subject to the rules of the
28 superintendent of public instruction and board of a school district, shall efficiently and
29 faithfully teach the following, using the required books and materials meeting the
30 highest standards for professionalism and historical accuracy, following the prescribed
31 courses of study, and employing approved methods of instruction:
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1 a. The history and content of the Declaration of Independence, including national
2 sovereignty, natural law, self-evident truth, equality of all persons, limited
3 government, popular sovereignty, and the inalienable rights of life, liberty, and
4 property, and how they form the philosophical foundation of our government.
5 b. The history, meaning, significance, and effect of the Constitution of the United
6 States and amendments thereto, with emphasis on each of the ten amendments
7 that make up the Bill of Rights and how the Constitution provides the structure of
8 our government.
9 c. Arguments in support of adopting our republican form of government, as
10 embodied in the Federalist Papers.
11 d. Flag education, including proper flag display and flag salute.
12 e. Elements of civil government, including the primary functions of and
13 interrelationships between the federal government, the state, and its counties,
14 municipalities, school districts, and special districts.
15 f. The history of the United States, including the period of discovery, early colonies,
16 the War for Independence, the Civil War, the expansion of the United States to its
17 present boundaries, the world wars, and the civil rights movement to the present.
18 American history must be viewed as factual, not as constructed, must be viewed
19 as knowable, teachable, and testable, and must be defined as the creation of a
20 new nation based largely on the universal principles stated in the Declaration of
21 Independence.
22 g. The history of the Holocaust from 1933 to 1945, the systematic, planned
23 annihilation of European Jews and other groups by Nazi Germany, a watershed
24 event in the history of humanity, to be taught in a manner that leads to an
25 investigation of human behavior, an understanding of the ramifications of
26 prejudice, racism, and stereotyping, and an examination of what it means to be a
27 responsible and respectful individual, for the purposes of encouraging tolerance
28 of diversity in a pluralistic society and for nurturing and protecting democratic
29 values and instit