A BILL for an Act to amend and reenact section 15.1-19-09 of the North Dakota Century Code, relating to the suspension and expulsion of kindergarten through grade twelve students.
HB 1439 would amend North Dakota law governing student discipline in kindergarten through grade 12 by revising the rules for suspension and expulsion. The bill requires each school district board to adopt rules on suspension and expulsion, and it preserves the requirement that expulsion decisions include a procedural due process hearing with participation by the student’s parent or representative. It also keeps the existing authority for districts to suspend students for insubordination, habitual indolence, disorderly conduct, or weapons-policy violations, with different maximum suspension periods depending on whether the student is in a regular or alternative education program.
The bill would also continue to allow expulsion for up to 12 months for the same conduct, including weapons-policy violations, while directing districts to consider the severity of the infraction, the student’s age, and disciplinary history when setting the length of the expulsion. It further allows districts to review and reduce an expulsion if reinstatement conditions are met. Overall, the measure appears to clarify and reinforce district authority over discipline while emphasizing procedural protections and individualized consideration in expulsion decisions.
HB 1439 would amend Section 15.1-19-09 of the North Dakota Century Code, affecting school district disciplinary policies statewide. It would not create a new disciplinary system, but would refine existing statutory language on suspension and expulsion, including due process requirements, maximum suspension and expulsion periods, and factors districts must consider when determining expulsion length. The bill would directly affect K-12 students, parents or guardians, school boards, administrators, and alternative education programs that receive state per-student payments.
No committee transcripts or recorded votes were provided, and the bill was ultimately withdrawn on January 17, 2025. Based on the text alone, the bill appears to be a relatively technical school-discipline measure rather than a broad policy overhaul. Its structure suggests an attempt to preserve district discretion while ensuring procedural safeguards, but there is no available evidence in the record provided of formal support or opposition from legislators, school officials, parents, or advocacy groups.
The main points of potential contention are the scope of school district authority to suspend or expel students and the balance between discipline and student due process. Supporters would likely favor the bill’s emphasis on maintaining order, especially for insubordination, disorderly conduct, and weapons-policy violations, while opponents might be concerned about harsh discipline, unequal application, or the impact of long expulsions on student access to education. The bill’s requirement that districts consider severity, age, and disciplinary history may be seen as a safeguard, but the absence of hearing records means no specific stakeholder positions are documented in the materials provided.