AN ACT to amend and reenact subdivision a of subsection 5 of section 15.1-32-01 of the North Dakota Century Code, relating to definitions of terms used for special education.
Summary
HB 1164 updates North Dakota’s statutory definition of “student with a disability” for special education purposes in section 15.1-32-01 of the Century Code. The bill keeps the age range the same—students at least three years old and under 21 before August 1 of the year they turn 21—but revises the list of qualifying disability categories to better align terminology with current special education language.
The changes are largely technical and definitional. The bill replaces older or less precise wording with updated terms such as “hearing impairment, including deafness,” “emotional disability,” and “other health impairment,” while retaining the existing categories for intellectual disability, deaf-blindness, speech or language impairment, visual impairment, orthopedic impairment, autism, traumatic brain injury, and specific learning disability. It does not appear to change eligibility standards or services, but it clarifies the legal language used by schools and education agencies when identifying students who qualify for special education and related services.
Impact
HB 1164 amends a key special education definition in North Dakota law, affecting how school districts, educators, and administrators identify students eligible for special education and related services. Because the bill is a definitional update rather than a substantive eligibility expansion, its main legal effect is to modernize statutory terminology and reduce ambiguity in the Century Code. It may also help ensure consistency with current educational and disability-related terminology used in practice and in federal special education frameworks.
Sentiment
The bill appears to have been broadly noncontroversial and received overwhelming support in both chambers. It passed the House 92-1 and the Senate 47-0, indicating strong bipartisan agreement and little opposition. The voting pattern suggests legislators viewed the measure as a routine cleanup or clarification bill rather than a policy change with major fiscal or programmatic effects.
Contention
No committee testimony or recorded debate was provided, and the vote totals show minimal contention. The only visible opposition was a single negative vote in the House, with unanimous Senate approval. Any disagreement likely would have centered on the wording changes to disability categories, but the available record does not show substantive objections or competing positions from specific stakeholders.