AN ACT to create and enact a new section to chapter 15.1-19 of the North Dakota Century Code, relating to protection of a student victim of a sexual offense.
HB 1247 creates a new section of North Dakota law requiring schools to respond when a student has been adjudicated or convicted of committing a sexual offense against another student in the same school. The bill defines a “responsible student” and a covered “sexual offense,” then directs the school to develop a safety plan that protects the victim and may include no-contact provisions, separation in school settings, transfer to an alternative education program or another school/building, scheduled plan reviews, and other measures the school deems appropriate. The plan is to be shaped by the victim’s input and reviewed over time to ensure continued safety.
The bill also sets out factors the school must consider when deciding how long any separation should last, including the victim’s well-being, the responsible student’s age, the seriousness of the offense, compliance with intervention programs, and input from guardians, professionals, and legal representatives. It allows the victim or the victim’s guardian/custodian to request review, modification, or removal of restrictions. In addition, juvenile courts and state’s attorneys must provide the school district superintendent with the disposition or judgment, and, with the victim’s consent, the victim’s name; that information is made confidential under existing law.
HB 1247 adds a new school-safety and victim-protection requirement to chapter 15.1-19 of the North Dakota Century Code. It affects school districts, superintendents, juvenile courts, state’s attorneys, and students who are adjudicated or convicted of sexual offenses against another student at the same school. The bill does not create a new criminal offense; instead, it establishes mandatory school response procedures, information-sharing obligations, and confidentiality protections tied to student discipline and placement decisions.
The bill appears to have broad bipartisan support and little visible opposition. It passed the House and Senate unanimously, with 91-0 and 47-0 votes, respectively, indicating strong agreement that schools should have a formal process to protect student victims of sexual offenses. The lack of recorded committee discussion in the provided materials suggests the measure was not especially controversial in the legislative process.
The main policy balance in HB 1247 is between protecting the victim and preserving due process for the accused student. The bill explicitly requires that any expulsion hearing provide procedural due process and, for misdemeanor offenses, directs school administrators to first review whether an expulsion hearing is warranted. Other potentially sensitive issues include how much weight schools give to the victim’s input versus the responsible student’s circumstances, whether transfer or alternative education placement is appropriate, and how long separation restrictions should remain in place. No organized opposition is reflected in the votes or available discussion, but these implementation questions are the likely areas of discretion and possible dispute.