AN ACT to amend and reenact subsection 5 of section 15.1-13-26 of the North Dakota Century Code, relating to denial of or immediate revocation of a teaching license for crimes against a child and sexual offenses.
Summary
SB 2043 amends North Dakota law governing teacher licensure by expanding and clarifying the definitions used for denying or immediately revoking a teaching license when an applicant or licensee has been convicted of certain crimes. The bill updates the statutory definition of “conviction” to include guilty pleas, no contest pleas, nolo contendere pleas, suspended sentences, and deferred impositions of sentence, while excluding convictions later overturned on appeal.
It also refines the categories of disqualifying conduct by defining “crime against a child” and “sexual offense” through detailed cross-references to existing criminal statutes, including attempts and equivalent federal or local offenses. The practical effect is to make the licensing standard more explicit and to ensure that serious child-related and sexual offenses are clearly covered for teacher licensure decisions.
Impact
The bill amends subsection 5 of section 15.1-13-26 of the North Dakota Century Code, which is part of the state’s teacher licensing framework. Its impact is to strengthen and clarify the legal basis for the denial or immediate revocation of a teaching license when a person has a qualifying conviction for a crime against a child or a sexual offense, thereby affecting applicants, current educators, and the education licensing authorities that review criminal history.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate 47-0 and the House 89-0, indicating strong agreement that the licensing rules should clearly bar individuals with serious child-related or sexual offense convictions from teaching positions.
Contention
No committee debate or recorded opposition is provided, and the unanimous votes suggest there was little substantive contention. The main policy issue implicit in the bill is how broadly to define disqualifying convictions and offenses; the bill resolves that by using detailed statutory cross-references and by including deferred sentences and plea-based dispositions in the definition of conviction.